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HomeMy WebLinkAbout2009/07/14 Agenda PacketI declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according tq `t // Brown Act requirements. _~\ r ~ r ~ ~l~Si ned ~[iltr Snr, ,~,~,~,~. 9 =---.urn-.-. ~~~~ CITY OF CHULA VISfA Cheryl Cox, Mayor ~}' t'~`~^C~ / Rudy Ramirez, Councilmember James D. Sandoval, City Manager r~".`(~ 7y/L/~/ John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember July 14, 2009 4:00 P.M. Council Chambers City Hall -Building 100 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY INTRODUCTION BY KELLEY BACON, DIRECTOR OF HUMAN RESOURCES, OF EMPLOYEE OF THE MONTH, EMMA McCLEES, SR. RISK MANAGEMENT SPECIALIST PRESENTATION BY CATHERINE HOCKMUTH, MEDIA ADVOCACY SPECIALIST, AND ERICA BELANDRES, COMMUNITY ORGANIZER OF THE INSTITUTE FOR PUBLIC STRATEGIES, OF THE SECOND ANNUAL COMMUNITY REPORT ON THE "SOUTH BAY COMMUNITY CHANGE PROJECT" CONSENT CALENDAR (Items 1-13) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fall out a "Request to Speak" form (available in the lobby) and submit it to the Ciry Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of the Council Workshop of Mazch 5, and the Regulaz Meetings of March 10, and Mazch 17, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Dr. Christopher Searles, Boazd of Ethics Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL PUBLIC SAFETY FIRE (IAFF), MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) In an effort to significantly reduce the fiscal yeaz 2010 and 2011 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 the International Association of Fire Fighters (IAFF) eligible employees only, and provide for a limited medical incentive program for those that retire during the prescribed 90-day period. Adoption of the resolution offers this benefit to all Local Public Safety employees represented by the IAFF bazgaining group effective July 14, 2009. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL MISCELLANEOUS AND ALL LOCAL PUBLIC SAFETY POLICE, MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) In an effort to significantly reduce the fiscal yeaz 2010 and 2011 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 all Local Miscellaneous and all Local Public Safety Police and provide for a limited medical incentive program for those that retire during the prescribed 90-day period. Adoption of the resolution offers this benefit to all Local Miscellaneous and all Public Safety Police members effective July 14, 2009. (Director of Human Resources) Staff recommendation: Council adopt the resolution. Page 2 -Council Agenda httn://www.chulavistaca.QOV July 14, 2009 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE MAINTENANCE AGREEMENT BETWEEN K. HOVNANIAN AT BELLA LAGO, BELLA LAGO, LLC, AND THE CITY OF CHULA VISTA FOR THE BASIN MAINTENANCE, GRADING MTI'IGATION, EROSION, SEDIMENTATION, AND NPDES COMPLIANCE WITH THE BELLA LAGO PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 03-03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO, LLC, AND THE CITY REGARDING MAINTENANCE OF PRNATE FACILITIES WITHIN THE PUBLIC RIGHT OF WAY C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO SUBDNISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 03-03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO, LLC, AND THE CITY K. Hovnanian would like to donate Lot "G" of Bella Lago Map No. 15339 to the U.S. Fish and Wildlife Service. In order to complete the donation, Lot "G" must be excluded from all agreements, therefore title must be free of all encumbrances by the City of Chula Vista and K. Hovnanian through Council approval and a recorded resolution. The City of Chula Vista, Bella Lago LLC, and K. Hovnanian desire to extend the term of the Subdivision Improvement Agreement for a period of two additional years. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT N0. 92-02A, ROLLING HILLS RANCH, SUBAREA III, NEIGHBORHOOD lOB RESTATEMENT AND ASSIGNMENT AGREEMENT BY MCMILLIN ROLLING HILLS RANCH, LLC AND K. HOVNANIAN AT BELLA LAGO, LLC On December 6, 2006, K. Hovnanian purchased Neighborhood lOB from McMillin. K. Hovnanian is providing the City with replacement to secure certain commitments made by McMillin pursuant thereto to the City for the Property. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $36,088 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2009/2010 BUDGET OF THE POLICE DEPARTMENT (4/STHS VOTE REQUIRED) Page 3 -Council Agenda httn://www.chulavistaca.~ July 14, 2009 The Chula Vista Police Department (CVPD) has recently received notice of a grant award in the amount of $36,088 from the Department of Alcoholic Beverage Control (ABC). This one-yeaz project will target ABC licensees that continually fail to comply with ABC and city regulations, particularly those that allow minors access to alcohol and serve alcohol to intoxicated patrons. The Police Department Special Investigations Unit will conduct ABC enforcement strategies and provide training and resources for officers, businesses, and the public. The objective of this program is to proactively target ABC problem locations based on intelligence gathered by surveillance, CVPD county data sources, and community partners. (Chief of Police) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2009 - EASTLAKE PARKWAY, EAST NAPLES STREET, MELROSE AVENUE OVERLAY (STL335C/STM366)" PROJECT TO SUPERIOR READY MIX CONTRACTING AND PAVING, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On June 29, 2009, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program fiscal year 2009 Eastlake Pazkway, East Naples Street, Melrose Avenue Overlay (STL-335C)" project. This project consists of the roadway rehabilitation of the above-mentioned streets through the application of an Asphalt Concrete (AC) Overlay. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2007/2008 TYPE II RUBBERIZED EMULSION AGGREGATE SLURRY (REAS) (STL335E)" PROJECT TO PAVEMENT COATINGS COMPANY IN THE AMOUNT OF $548,439, AUTHORIZING AN INTER-PROJECT TRANSFER IN THE AMOUNT OF $200,000 FROM THE "PAVEMENT REHABILITATION PROGRAM, FISCAL YEAR 2006/2007 (STL340) TO STL335, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT (4/STHS VOTE REQUIRED) On June 10, 2009, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program fiscal year 2007/2008 Type II Rubberized Emulsion Aggregate Slurry (REAS) (STL335E)" project. This project consists of the application of REAS seal coat to various streets in the City. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2007/2008 CHIP SEAL WITH MODIFIED POLYMER ASPHALT SURFACE SEALER (PASS) (STL335D/STL346)" PROJECT TO COPP CONTRACTING, INCORPORATED IN THE AMOUNT OF $916,956.43 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT Page 4 -Council Agenda htto://vvww.chulavistaca.eov July 14, 2009 On June 24, 2009, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program fiscal year 2007/2008 Chip Seal with Modified Polymer Asphalt Surface Sealer (PASS) (STL-335D)" project. This project consists of the application of chip seal with PASS to various streets in the City, in which removal and replacement of failed asphalt concrete pavement (dig-outs) was performed by another contractor (Frank & Sons, Inc.), under a separate contract. (Director of Public Works) Staff recommendation: Council adopt the resolution. 11. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.04, SECTION 15.04.225, AND CHAPTER 18.16, SECTION 18.16.310, OF THE CHULA VISTA MUNICIPAL CODE (FIRST READING) Currently, the City's Municipal Code requires retention of surety bonds associated with land development projects until all work has been completed and a notice of completion is filed with the County Recorder. Adoption of the ordinance would allow the Director of Public Works to reduce grading, landscape and irrigation and faithful performance bonds up to 75% of the original bond amount if the work is deemed substantially complete. (Director of Public Works) Staff recommendation: Council place the ordinance on first reading. 12. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2009/2010 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12- M, 13-I, AND 13-M; AND DELEGATING TO THE CITY MANAGER OR DESIGNEE, THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2009/2010 WITHIN COMMUNITY FACILITIES DISTRICTS 06-I AND 07-M AND DELEGATING TO THE CITY MANAGER OR DESIGNEE, THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2009/2010 BUDGET BY APPROPRIATING $25,000 FROM COMMUNITY FACILITIES DISTRICT 13-M AND REDUCING THE APPROPRIATION FOR COMMUNITY FACILITIES DISTRICT 98-1 BY $25,000 (4/STHS VOTE REQUIRED) Page 5 -Council Agenda htto://www.chulavistaca.eov July 14, 2009 Twenty-one (21) Community Facilities Districts (CFDs) were formed during Fiscal Years 1998-2007. Each yeaz, a special tax must be levied in each of the districts to pay for the maintenance of open space preserve azeas and maintenance of other public facilities, or to repay bondholders. The present item will authorize the levy of maximum special taxes for CFDs 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-I, 07-I, 07-M, 08-M, 08-I, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M. In addition to authorizing the levy of the maximum special taxes, this item will also amend the fiscal year 2009-2010 budget and appropriate $25,000 out of the available fund balance of CFD 13-M and reduce the appropriation for CFD 98-1 by that same amount. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE TRANSPORTATION DEVELOPMENT ACT GRANT OF $78,920 FOR THE PEDESTRIAN TRAFFIC SIGNAL UPGRADE IMPROVEMENTS, APPROPRIATING THE FUNDS TO EXISTING TF-348 CIP PROJECT, AND AUTHORIZING THE CITY ENGINEER TO PROCEED WITH WORK (4/STHS VOTE REQUIRED) On January 23, 2007, the City Council approved the submittal of a Transportation Development Act (TDA) grant application for a pedestrian traffic signal upgrade improvements project to the San Diego Association of Governments (SANDAG) for fiscal year 2007/2008. On June 22, 2007, the SANDAG Board approved the allocation of $778,920 of TDA funds to the City, for pedestrian traffic signal upgrade improvements. The proposed project consists of upgrading pedestrian crossing signal facilities at twelve (12) intersections within the public right-of--way that directly serve schools in western Chula Vista. (Director of Public Works) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Page 6 -Council Agenda http://www.chulavistaca.cov July 14, 2009 14. CONSIDERATION OF PUBLIC TESTIMONY FOR THE FISCAL YEAR 2009/2010 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO. 1, TOWN CENTRE AND BAY BOULEVARD MAINTENANCE DISTRICTS. The City administers and maintains 36 Open Space Districts and associated zones that have been established over the last 30 yeazs. The Districts provide a financing mechanism to maintain the public open space areas associated with each particulaz 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. Adoption of the resolution allows for the assessment of currently approved levy amounts in order to ensure that the County Tax Assessor deadlines aze met for all 36 of the City's Open Space Districts. (Director of Public Works) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY 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 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 1 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE TOWN CENTRE MAINTENANCE DISTRICT 15. CONSIDERATION OF AN APPLICATION (PCZ 08-04) FILED BY SKK REALTY, LLC REQUESTING A REZONE FROM MHP EXCLUSNE MOBILEHOME PARK TO R-3-P APARTMENT RESIDENTIAL ZONE, WITH A PRECISE PLAN MODIFYING DISTRICT Adoption of the resolution finds that the applicant has complied with required provisions of the Mobilehome Overlay District, and the ordinance rezones the vacant 4.35 acre project site, formerly Jade Bay Mobile Home Park, to a R-3-P, Apartment Residential with Precise Plan Modifying District in order to make zoning consistent with the General Plan. (Deputy City Manager/Development Services Director) Staff recommendation: Council conduct the public hearing, adopt the following resolution and place the following ordinance on first reading: Page 7 -Council Agenda http://www.chulavistaca.gov July 14, 2009 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE APPLICANT HAS COMPLIED WITH REQUIRED PROVISIONS OF LUT SECTION 7.17 OF THE CHULA VISTA GENERAL PLAN REGARDING AN APPLICATION TO REZONE PROPERTY CURRENTLY DESIGNATED MHP (EXCLUSNE MOBILEHOME PARK) ZONE B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 TO REZONE ONE 4.35 ACRE PARCEL LOCATED AT 701 D STREET FROM MHP (EXCLUSNE MOBILEHOME PARK) ZONE TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN) ZONE (FIRST READING) 16. CONSIDERATION OF AN APPLICATION (PCZ 09-02) FILED BY TARGET STORES, INC, REQUESTING A REZONE FROM C-C, CENTRAL COMMERCIAL, TO C-C-P CENTRAL COMMERCIAL, WITH A PRECISE PLAN MODIFYING DISTRICT TO REDEVELOP A 9.9 ACRE SITE WITH 138,144 SQUARE FEET OF RETAIL USE. THE PRECISE PLAN WILL ALLOW EXCEPTIONS TO THE PARKING STANDARDS AND SIGN PROVISIONS OF THE UNDERLYING ZONE. THE SITE IS LOCATED AT 40 NORTH FOURTH AVENUE IN NORTHWEST CHULA VISTA. Adoption of the ordinance rezones a 9.9 acre site to add a precise plan modifying district to the existing C-C zoning designation along with a precise plan to allow exceptions to the parking standards and sign provisions of the underlying zone. This will allow the site to be redeveloped with amore contemporary building and site design, thereby implementing the goals and policies of the General Plan, including enhanced "gateway" project design and sustainable development practices. The site currently contains an existing 119,403 square foot Target store and two smaller buildings. All three buildings will be razed and the site completely re-graded in order to redevelop the site for a new 138,144 squaze foot Tazget retail building and ancillary improvements. (Deputy City Manager/Development Services Director) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATNE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-09-009, AMENDING ZONING MAP OR MAPS ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRICT AND ADOPT PRECISE PLAN STANDARDS FOR EXCEPTIONS TO PARKING AND SIGN STANDARDS PERMITTED IN CURRENTLY ZONED C-C, CENTRAL COMMERCIAL DESIGNATION, FOR 9.9 ACRES AT THE NORTHWEST CORNER OF NORTH FOURTH AVENUE AND "C" STREET (FIRST READING) Page 8 -Council Agenda http://www.chulavistaca.eov July 14, 2009 17. CONSIDERATION OF APPROVAL OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 15.60 ABANDONED RESIDENTIAL PROPERTY REGISTRATION ORDINANCE The Development Services Department is recommending that the City Council adopt amendments to the Abandoned Residential Property Registration Progam ordinance to address several concerns that have been brought to the department and City Council's attention over the last year. (Deputy City Manager/Development Services Director) Staff recommendation: Council continue the item to a date uncertain. Time Certain - 6:00 P.M. 18. CONSIDERATION OF ESTABLISHING THE CHULA VISTA TOURISM MARKETING DISTRICT The Chula Vista Chamber of Commerce and the Chula Vista Convention and Visitors Bureau, working with lodging and business owners and members of the business community, have prepazed a plan for the formation of the Chula Vista Tourism Marketing District (CVTMD) that will levy aself-assessment on motel and hotel rooms. The CVTMD will create a source of funding for renewed operation of the Convention and Visitors Bureau and for expanded promotion of tourism opportunities in the City. (Deputy City Manager/Development Services Director) Staff recommendation: Council conduct the public hearing, consider protests and adopt the following resolution, if no majority protest exists: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE CHULA VISTA TOURISM MARKETING DISTRICT (CVTMD) AND DIRECTING THE CITY CLERK TO TAKE ALL NECESSARY ACTIONS TO LEVY THE ASSESSMENTS OTHER BUSINESS 19. CITY MANAGER'S REPORTS 20. MAYOR' S REPORTS A. Consideration of appointment of a voting delegate and alternate for the 2009 Annual League of California Cities Conference, to be held September 16-18 in San Jose, California. B. Update from Port Commissioner William Hall. C. Ratification of appointment of the following students to the Youth Action Council for the 2009/2010 school yeaz: Page 9 -Council Agenda httn://www.chulavistaca. o~v July 14, 2009 Elvia Valeria Vera Felipe Cazdenas Alicia Cortez Alexander Salomon Meagan Nolan Kathleen Hoskins Ashley Foz Haley Alderete Trey Johnson Michael Jimenez Maximiliano Gastelum 21. COUNCILMEMBERS' COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 22. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases 23. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Felix Espino v. City of Chula Vista, U.S. District Court, Case No. 03CV1884- DMS(BLM) ADJOURNMENT to the Regular City Council Meeting of July 21, 2009 at 4:00 p.m. in the City Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH 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 Off ce at (1119) 691-5041 at least forty-eight hours in advance of the meeting. Page 10 -Council Agenda httpatwww.chulavistaca.gov July 14, 2009 DRAFT MINUTES OF A JOINT WORKSHOP OF THE CITY COUNCIL, GROWTH MANAGEMENT OVERSIGHT COMMISSION, AND PLANNING COMMISSION OF THE CITY OF CHULA VISTA March 5, 2009 6:00 P.M. A joint workshop of the City Council, Growth Management Oversight Commission and Planning Commission of the City of Chula Vista was called to order at 6:05 p.m. in the Community Meeting Room at Chula Vista Police Headquarters, 315 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Councilmembers Bensoussan, Castaneda, and Ramirez, and Mayor Cox Growth Management Oversight Commissioners: Bazzel, Felber, Krogh, Lizarraga, Sutton Planning Commissioners: Felber, Moctezuma, Spethman, Thompson, Vinson, and Chair Tripp ABSENT: Councilmember McCann (excused) Growth Management Oversight Vice Chair Hall Planning Commissioner Clayton ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Records Manager Phazis PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC HEARING -City Council, GMOC, Planning Commission REVIEW AND CONSIDERATION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2009 ANNUAL REPORT Each year, the Growth Management Oversight Commission submits its Annual Report to the Planning Commission and City Council regarding compliance with Threshold Standards for eleven quality-of--life indicators. The 2009 Annual Report covers the period from July 1, 2007 through June 30, 2008; identifies current issues in the second half of 2008 and early 2009; and assesses any threshold compliance concerns looking forward over the next five yeazs. The report discusses each threshold in terms of current compliance, issues, and corresponding recommendations. (Deputy City Manager/Director ofDevelopment Services) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the Time speciSed in the notice. Page 1 -Council Minutes http://www.chulavistaca.gov Mazch 5, 2009 ,~~ 1 ` l DRAFT PUBLIC HEARING -City Council, GMOC, Planning Commission (Continued) Planning Director Gazy Halbert introduced Associate Planner wander Bie, who provided the history and procedures of the Growth Management Oversight Commission (GMOC), as well as an overview of the eleven quality-of--life indicators that were reviewed by the GMOC. Associate Planner Vander Bie announced that an errata had been distributed that provided a correction to the table located on page 1-30 of staff's agenda statement (Police Priority I and Priority II threshold finding). Commissioner Krogh presented the annual report and the commission's findings. He reported that the commission found that eight out of eleven quality-of--life thresholds had been met for the 2007-2008 review period. He stated that the thresholds for Fiscal, Air Quality, Sewer, Water, Drainage, Parks and Recreation, Fire/Bmergency Medical Service, and Schools had been met; and those for Traffic, Libraries, and Police (Priority II -urgent) had fallen short of the threshold standazds. He provided the following recommendations to address issues or potential issues for each threshold: FISCAL: Develop a facility prioritization policy to be used as a basis for decisions on Public Facilities Development Impact Fee (PFDIF)-funded proposals. AIR QUALITY: Revise the threshold standard to include incremental, quantitative benchmazks, such as a benchmark to achieve a 20% decrease in cazbon emissions per capita. SEWER: Continue to pursue options for obtaining additional treatment capacity, or for constructing a wastewater reclamation plant. WATER: Continue to work with Otay Water District and Sweetwater Authority to maintain and track future development in order to continue to meet the water availability threshold. DRAINAGE: Continue to explore funding options to cover the cost of maintaining drainage channels. PARKS & RECREATION: 1) Revise the threshold standazd to be, "Three acres of park land, with appropriate facilities, shall be provided per 1,000 residents for new development City- wide." 2) Adopt a policy to require all new parks developed with funding from new residential growth west of Interstate 805 be developed within this azea. FIRE/EMERGENCY MEDICAL SERVICE: Continue to furnish data on call volume and response times since the transition to San Diego Dispatch. SCHOOLS: Both Chula Vista Elementary School District and Sweetwater Union High School District indicated that additional facilities would be required to accommodate growth in the next five years, and construction would begin when funding was available. POLICE: Continue to implement a successful action plan and use the highest technology available to reach threshold standazds. Page 2 -Council Minutes hup://www.chulavistaca.gov March 5, 2009 ~~ J DRAFT PUBLIC HEARING -City Council, GMOC, Planning Commission (Continued) TRAFFIC: 1) Continue to work with SANDAG on a grant to complete Palomaz Street improvements in fiscal year 2009/2010. 2) Provide information to the GMOC on the effects to overall traffic delays at Otay Lakes Road since the installation of upgrades to hardware and softwaze. 3) Continue to improve signal timing changes at Heritage Road. LIBRARIES: 1) Prepare a specific plan and time line for the replenishment of the library component of Public Facilities Development Impact Fee (PFDIF) funds, and plan for construction of the Rancho del Rey Library as soon as possible. 2) Designate construction of the Rancho del Rey Librazy the top priority of the five remaining Public Facilities Development Impact Fee-funded projects. Associate Planner Vander Bie provided staff s recommendation that the Planning Commission and the City Council adopt the proposed respective resolutions, and accept the errata as part of the report, correcting section 3.8 of the report. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, she then closed the public heazing. Councilmember Bensoussan recommended that the Growth Management Oversight Commission include impacts to the City caused by lack of growth with its final report. Staff and GMOC members responded to questions from the Council and the Planning Commission regarding air quality, sewer capacity, water reclamation and desalination, and the provision of park land for new development. Planning Commissioner Moctezuma left the room at 720 p.m. Planning Commissioner Thompson suggested that when options for the Rancho del Rey Library are considered, that a financial analysis be done. He stated that he believed if there was a long- term lease, money would be available for the operation of a librazy. ACTION: Councilmember Castaneda moved to amend the GMOC's recommendation regarding the Librazies threshold replacing the word, "construction" with the word, "delivery," to read, "That the City Council designate deliverv of the Rancho del Rey Library the top priority of the five remaining PFDIF projects." Councilmember Ramirez seconded the motion, and it carried 4-0 with Deputy Mayor McCann absent. ACTION: Planning Commissioner Vinson moved to carry the motion by Councilmember Castaneda for the Planning Commission (to amend the GMOC's recommendation regazding the Libraries threshold replacing the word, "construction" with the word, "delivery," to read, "That the City Council designate deliverv of the Rancho del Rey Library the top priority of the five remaining PFDIF projects."). Commissioner Spethman seconded the motion, and it tamed 5-0, with Commissioners Moctezuma and Clayton absent. Planning Commissioner Moctezuma returned at 7:28 p.m. Page 3 -Council Minutes http://www.chulavistaca.gov March 5, 2009 /~ DRAFT PUBLIC HEARING -City Council, GMOC, Planning Commission (Continued) Discussion ensued regazding the threshold for Police Priority II calls, and the impacts of the Police Department's response to false alarms on compliance with the threshold. Councilmember Ramirez suggested asking the police officers how false alarms impacted their ability to respond to calls within the time period required by the threshold standazd. Discussion then took place regarding traffic calming measures as well as the process used to evaluate the appropriateness of set speed limits. ACTION: Planning Commissioner Vinson moved to adopt the following Planning Commission Resolution No. PCM-09-08, heading read, text waived: RESOLUTION NO. PCM-09-08, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING THE 2009 GMOC ANNUAL REPORT AND RECOMMENDING ACCEPTANCE BY THE CITY COUNCIL Commissioner Moctezuma seconded the motion, and it carried 6-0. ACTION: Councilmember Bensoussan moved to include Energy as a new quality-of--life threshold. Mayor Cox seconded the motion for discussion. Mayor Cox suggested that the GMOC look at this as a possible threshold in its top to bottom review of the process. ACTION: Councilmember Castaneda made a substitute motion to refer to staff to study potential impacts related to establishing Energy as a new quality-of--life threshold, which would include the ability of energy resources to supply the demand of new growth, and a report to the City Council that would include input from the Conservation staff. Councilmember Bensoussan seconded the substitute motion, and it carried 4-0. ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-046, including the errata, heading read, text waived: RESOLUTION NO. 2009-046, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2009 GMOC ANNUAL REPORT, AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT REPORT RECOMMENDATIONS AS PRESENTED IN THE STAFF RESPONSES AND PROPOSED IMPLEMENTING ACTIONS SUMMARY Councilmember Ramirez seconded the motion, and it carved 4-0. Page 4 -Council Minutes http://www.chulavistaca.gov Mazch 5, 2009 ~~.~ DRAFT PUBLIC COMMENTS -Council, GMOC, Planning Commission There were none. CLOSED SESSION 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Mazcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups This item was pulled from the agenda. Mayor Cox adjourned the City Council meeting to March 10, 2009 at 6:00 p.m., in the Council Chambers; and the Growth Management Oversight Commission and Planning Commission meetings to their respective regulaz meetings. Mfy~ D/~S.cS+ Dorma R. Norris, C C, City Clerk Page 5 -Council Minutes http://www.chulavistaca.gov Mazch 5, 2009 /~~ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 10, 2009 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett INVOCATION BY PASTOR RICHARD SCHMIDT Mayor Cox introduced Pastor Schmidt, who offered the invocation. PLEDGE OF ALLEGIANCE TO THE FLAG, LED BY COUNCILMEMBER PAMELA BENSOUSSAN Pastor Schmidt introduced Councilmember Bensoussan, who led the Pledge of Allegiance. AMERICA THE BEAUTIFUL BY ERIKA COHEN, HILLTOP HIGH SCHOOL SENIOR Pastor Schmidt introduced Erika Cohen, Hilltop High School senior, who sang America the Beautiful. WELCOME BY EMILY COX Emily Cox recognized and introduced the dignitazies present at the meeting. She then introduced Mayor Cox. STATE OF THE CITY ADDRESS BY MAYOR CHERYL COX Mayor Cox presented the State of the City Address. BENEDICTION BY PASTOR JONATHAN SINGLETON Mayor Cox introduced Pastor Singleton, who offered the benediction. ADJOURNMENT At 6:45 p.m., Mayor Cox adjourned the meeting to a reception and then to the Next Regulaz Meeting, Tuesday, March 17, 2009 at 6:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page I -Council Minutes March 10, 2009 /~ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 17, 2009 6:00 P.M. A Regulaz Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan (arrived at 6:03 p.m.), Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Records Manager Phazis PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY INTRODUCTION BY CHULA VISTA VETERANS ADVISORY COMMISSION CHAIRMAN AND CHULA VISTA VFW POST 2111 COMMANDER BOBBY R. PRICE, LT. USN (RET) OF CHUCK ANFUSO, VETERANS OF FOREIGN WARS DISTRICT 1 COMMANDER WHO WILL PRESENT CHULA VISTA FIRE FIGHTER TIMOTHY S. MEHRER WITH THE `VETERANS OF FOREIGN WARS NATIONAL FIREFIGHTER OF THE YEAR 2008-2009' AWARD FOR HIS EXEMPLARY SERVICE TO HIS COMMUNITY Fire Chief Hanneman introduced Commander Price, who recognized and congratulated Firefighter Mehrer for receiving this awazd. Commander Anfuso presented the award to Firefighter Mehrer. Mayor Cox announced that the Disabled Veterans of America, Chapter Two presented a check in the amount of $9,027 to the Chula Vista Veterans Home Support Foundation. CONSENT CALENDAR (Items 1-7) Item 1 was removed from the Consent Calendar, with Deputy Mayor McCann abstaining, and Item 6 was removed from the Consent Calendaz, with Councilmember Castaneda abstaining due to the proximity of his residence to the project. 1. This item was removed from the Consent Calendar. Page 1 -Council Minutes Mazch 17, 2009 ~~=` °~ DRAFT CONSENT CALENDAR (Continued) 2. A. RESOLUTION NO: 2009-047, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT (`AGREEMENT') WITH OAKWOOD FOR MARQUIS PHASE 3, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO B. RESOLUTION NO. 2009-048, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT (`AGREEMENT') WITH SHEA HOMES FOR AGAVE PHASE 11, AGAVE PHASE 12, AGAVE PHASE 13, CLOVER PHASE 6 AND MOSAIC PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO C. RESOLUTION NO. 2009-049, RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT (`AGREEMENT') WITH CORNERSTONE COMMUNITIES FOR ANDORRA PHASE 7 AND PALMA AT ROLLING HILLS RANCH MODEL UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO The City of Chula Vista requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities. The payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects. In December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered. The Ordinance establishing a payment plan was approved by the City Council and became effective on February 6, 2009. This is the first of several payment plan agreements to be entered into pursuant to the Ordinance. (Deputy City Manager/Development Services Director, Public Works Director) Staff recommendation: Council adopt the resolutions. 3. RESOLUTION NO. 2009-050, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVING THE THIRD AMENDMENT TO A THREE-PARTY AGREEMENT WITH ANTHONY J. LETTIERI, FAICP, CONSULTANT, AND MCMILLIN OTAY RANCH, LLC, APPLICANT, FOR CONSULTING SERVICES ON THE EASTERN URBAN CENTER PROJECT Page 2 -Council Minutes Mazch 17, 2009 /+C. ° .~. DRAFT CONSENT CALENDAR (Continued) Adoption of the resolution approves the third amendment to a three-party agreement with Anthony J. Lettieri, FAICP, Consu]tant, and McMillin Otay Ranch, LLC, Applicant for consulting services on the EUC. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2009-051, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS The Meyers-Milias-Brown Act as contained in California Government Code sections 3500-3511 provides for the orderly administration of employer-employee relations. It states that a public agency may adopt reasonable rules and regulations for recognizing employee organizations and for meeting and conferring with those organizations regazding wages, hours, and other terms and conditions of employment (Human Resources Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2009-052, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $87,252 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2009-2010, 14TH CYCLE, AND AMENDING THE FISCAL YEAR 2010 WASTE MANAGEMENT AND RECYCLING BUDGET (4/STHS VOTE REQUIRED) The California Used Oil Enhancement Act (1999) requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach, Nationa] City and Lemon Grove. (Public Works Director) Staff recommendation: Council adopt the resolution. 6. This item was removed from the Consent Calendaz. Page 3 -Council Minutes March 17, 2009 /~ ~~ DRAFT CONSENT CALENDAR (Continued) RESOLUTION NO. 2009-054, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A TICKET DISTRIBUTION POLICY Effective February 7, 2009, the Fair Political Practices Commission amended Regulation 18944.1, addressing tickets for admission to entertainment or recreational events distributed by an agency to, or at the behest of, its officials. The recommended policy is intended to comply with the new regulation. (Assistant City Manager) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendaz Items 2, 3, 4, 5 and 7, headings read, text waived. Deputy Mayor McCann seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR WRITTEN COMMUNICATIONS Memorandum from Councilmember John McCann requesting excused absences from the City Council Meetings of Mazch 3, 2009 and Mazch 5, 2009. Staff recommendation: Council excuse the absences. ACTION: Mayor Cox moved to excuse the absences. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Deputy Mayor McCann abstaining. 6. RESOLUTION NO. 2009-053, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING THE FOOD PREPARATION AND DELIVERY SERVICES AGREEMENT TO ARAMARK CORRECTIONAL SERVICES, LLC AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Police Department, with the assistance of the Purchasing Division, has completed the evaluation of proposals received for Food Prepazation and Delivery Services (RFP 04- 08/09) for the Chula Vista Police Department City Jail. Adoption of the resolution accepts proposals, awards the agreement to Aramark Correctional Services, LLC and authorizes the Mayor to execute the agreement. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to adopt Resolution No. 2009-053, heading read, text waived. Deputy Mayor McCann seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. Page 4 - Counci] Minutes March 17.2009 ~~ DRAFT PUBLIC COMMENTS Tom Picazd, San Diego resident, and Landscape Architect, representing the Building Industry Association (BIA), spoke about the impacts of the economy on the building industry. He thanked the Council for providing incentives to remain in business, and asked the Council to work with the BIA to reinvigorate the economy. James Greco, Encinitas resident, encouraged private and public sectors to work closely together to help the building industry through its difficult times. Kim Hosking, San Diego resident, asked the Council to work with the BIA and help builders by creating more jobs. Tina Vasquez, San Diego resident, echoed the comments by prior speakers to keep the building industry going and to retain jobs. Bob Cummings, Cazlsbad resident, representing the BIA, and San Diego Division President for Barrett American Homes, which recently filed bankruptcy under Chapter 11, thanked the Council for its proactive efforts with job creation in the building industry, and he urged the Council to meet with BIA officials to discuss further solutions to bring jobs back to the City. Laura Hunter, representing Environmental Health Coalition (EHC) stated her opposition to a letter submitted by Assistant City Manager Tulloch to the California Energy Commission (CEC) about the proposed MMC peaker plant. She asked the Council to retract the letter. Reiner Leal, Chula Vista resident, announced a newly formed organization, Chula Vista's Civic Association, an outreach program for young voters, and he read the association's mission statement. Larry Breitfelder, Chula Vista resident, representing the Chula Vista Taxpayers Association, spoke in opposition to the proposed Proposition A sales tax increase. He asked that community members on both sides of the measure treat each other with respect. He also stated that the association could co-host a gathering after the May 5 election to have a dialogue on what to do after the voters make their decision. Mazgazet Tuite, Chula Vista resident, asked the Council to retract the letter to the CEC regazding the proposed MMC peaker power plant. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the City's letter to the CEC regarding the proposed MMC peaker power plant, and she asked the Council to retract the letter. Ed Herrera, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the proposed MMC peaker power plant, and asked that the City retract its letter to the CEC. He also spoke in opposition to Proposition A. Page 5 -Council Minutes Mazch 17, 2009 ~Ca " DRAFT PUBLIC COMMENTS (Continued) Guillermo Lopez, Chula Vista resident, spoke in opposition to the proposed MMC pecker power plant. Cazlos Lopez, Chula Vista resident, spoke in opposition to the proposed MMC pecker power plant. Diana Vera, Chula Vista resident, spoke in opposition to the proposed MMC pecker power plant. Bibiano Grackman, Chula Vista resident, representing Environmental Health Coalition, spoke in opposition to the proposed MMC pecker power plant, and asked the Council to retract its letter to the CEC. Eazl Jentz, Chula Vista resident, representing the South Bay Forum, spoke in opposition to the proposed MMC pecker power plant and he asked the Council to send a letter to the CEC stating that this was the wrong location for expansion of the pecker power plant. Leticia Ayala, Chula Vista resident, spoke in opposition to the proposed MMC pecker power plant, and she asked the City to retract its letter to the CEC regazding the power plant. Bob Bauer, San Diego resident, stated that there is an increased need for energy, and commented on the City's letter to the CEC about the proposed MMC pecker power plant, and pointed out that the letter was not a position statement for or against, but clarification of the City's ability to have flexibility. Dre-Anna Anderson, asked the Council to sponsor her participation as Chula Vista representative in the Miss Teen San Diego Pageant. Isabelle Espino, Chula Vista resident, spoke in opposition to Proposition A. Mitch Thompson, Chula Vista resident, stated that he was speaking neither for nor against the proposed MMC pecker power plant, but stated that he had concerns with some of the rationale in the letter. He applauded the Council on its efforts to create transparency with its constituents. He also spoke in support of Proposition A. City Manager Sandoval stated that the letter to the CEC was not intended to advocate for the MMC proposal. He then explained the rationale for the letter, stating that clarification was needed in two areas: 1) Correct interpretation of the City's zoning laws; and 2) the provision of mitigation measures to the community if the project were approved by the CEC. Councilmember Bensoussan requested Council consideration to place the matter of the City's letter to the CEC oxi the next Council agenda for discussion. Councilmember Ramirez spoke in support of the request by Councilmember Bensoussan to place the matter on an agenda. Page 6 -Council Minutes March 17, 2009 ~~ d. DRAFT PUBLIC COMMENTS (Continued) Councilmember Castaneda commented that the letter did not state a Council position. He agreed that the matter could be placed on an agenda, but stated that state experts should weigh in on the discussion. Councilmember Bensoussan stated for the record, that she was disappointed that the letter to the CEC was not provided to the Energy Subcommittee. Mayor Cox suggested that in prepazation of an agenda item on the matter, that Councilmember Castaneda consult with City Manager Sandoval to address his concerns, and those of Councilmembers Bensoussan and Ramirez. City Manager Sandoval stated that the matter would be placed on a Council agenda prior to the CEC meeting on April 13, 2009. PUBLIC HEARINGS 8. CONSIDERATION OF APPEAL OF CONDITIONAL USE PERMIT (PCC-08-020) OPERATION OF A REPLANET RECYCLING REDEMPTION CENTER AT 1315 THIRD AVENUE The applicant is appealing the Chula Vista Redevelopment Corporation decision denying a conditional use permit for a small recycling center located at 1315 Third Avenue. TOMRA has requested modifications to its CUP application to address some of the issues that were the basis for the denial of the CUP by the CVRC. The changes, described in detail in the report, include moving the recycling center back to its previously approved location, limiting the hours of operation and providing on-site personnel during all hours of operation. This item was continued from the meetings of January 27, 2009 and Mazch 3, 2009. (Deputy City Manager/Development Services Director) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020), AND APPROVING CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT ] 315 THIRD AVENUE IN THE CITY OF CHULA VISTA Notice of the heazing was given in accordance with legal requirements. Director of Planning and Building Halbert provided an overview of the current status of the conditional use permit application. He stated that the Chula Vista Redevelopment Corporation had denied the initial permit, but that the applicant had made adjustments since that time. Since the adjustments were made, he stated that staff recommended that the Council reverse the decision by the Chula Vista Redevelopment Corporation and approve the permit. Page 7 -Council Minutes Mazc6 17, 2009 ~E.. DRAFT PUBLIC HEARINGS (Continued) Senior Planner Walker provided an explanation of the applicant's request, and recommended that the Council approve the permit, subject to the conditions in the proposed resolution. Mayor Cox opened the public heazing. Colleen Daley, Chula Vista resident, spoke in opposition to the conditional use permit, citing associated issues with homelessness, trash, and stealing in the neighborhood. Mauricio Chamat, Chula Vista resident, representing Villa Tempra Homeowners Association, spoke in opposition to the proposed conditional use permit, stating that the azea residents' properties and privacy rights were being violated by the homeless accessing trash for recyclable items. He encouraged the Council to deny the conditional use permit. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, stated that she was sympathetic to the residents, but the City needed to reach out to businesses. She stated that if the conditions of the permit were met, the residents' concerns would be solved. She suggested adding a condition that would require anyone using the recycling center to show identification. Reiner Leal, Chula Vista resident, spoke in support of the conditional use permit, but suggested that the City find solutions to the problems related to the homeless people. He also provided information related to state mandates for recycling centers to be neaz grocery stores. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Joe Perez, Corona resident, representing TOMRA, requested that the Council approve the conditional use permit. Discussion ensued regazding the impacts to the residents in this azea that were caused by the homeless population at the recycling center. Councilmember Castaneda suggested for the future, that staff response and tumazound times for corrective measures be improved. Furthermore, he requested that staff provide cleazer copies of illustrated documents in their reports to Council. He asked, and staff confirmed, that should the recycling center be shut down, there would be other avenues for retailers in the area to pursue in terms of meeting their recycling requirements. Councilmember Bensoussan asked staff if the applicant would be a candidate for a short term permit that could be renewed if no further complaints were received. Director Halbert responded that ashort-term expiration date could be placed on the permit with Council approval. Page 8 -Council Minutes Mazch 17.2009 J~~tl DRAFT Mayor Cox asked staff about other ways for the grocery store to meet its recycling requirements. Environmental Services Program Manager Lynn France responded that reverse vending machines could be set up. Mayor Cox noted that this business had been in place since 2004, and that the problems for the residents in the azea had not been addressed by those running the business. She stated that TOMRA had made some changes to mitigate the problems, but she didn't want the residents to continue to deal with these issues. She then suggested that the Council consider approval of staff's recommendation, amended to limit the conditional use permit for 90 days, and if any of the conditions were not met, that the consequences be swift. Deputy Mayor McCann stated that the problem was continuous, and that the responsibility was that of the business, not the azea residents. Councilmember Castaneda stated that he was not convinced that the issues would be resolved in 90 days. Mr. Perez stated that it was not the recycling center creating the issue of vagrants, but that it was a citywide problem. Councilmember Ramirez stated that he did not believe that a 90-day conditional use permit would resolve the bigger problems. ACTION: Councilmember Ramirez moved to deny the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020), AND APPROVING CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315 THIRD AVENUE IN THE CITY OF CHULA VISTA Deputy Mayor McCann seconded the motion. City Attorney Miesfeld clarified that voting `yes', on the resolution as stated above, and as read by the City Clerk, would approve the CUP. Mayor Cox clarified that the motion was to deny the resolution. Deputy Mayor McCann suggested restating the motion to remove the word `reversing' in the resolution, to `upholding'. Councilmember Castaneda suggested two sepazate resolutions, with one to deny the appeal and one to do the opposite. City Attorney Miesfeld suggested that the resolution title be amended as follows: Page 9 - Counci] Minutes Mazch 17.2009 ~+ - / DRAFT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA UPHOLDING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020). ACTION: Councilmember Ramirez moved to approve the following amended Resolution No. 2009-103, heading read, text waived: RESOLUTION NO. 2009-103, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA UPHOLDING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020) Deputy Mayor McCann seconded the motion and it carried 5-0. OTHER BUSINESS 9. CITY MANAGER'S REPORTS City Manager Sandoval gave an update on staff s work with the City of National City staff to create an memorandum of understanding for processing a development proposal by Sudberry Properties for a retail site that would include a Lowe's and other businesses. 10. MAYOR'S REPORTS Ratification of the appointment of Carl Harry as Development Representative to the Growth Management Oversight Commission. ACTION: Mayor Cox moved to ratify the appointment of Cazl Harry to the Growth Management Oversight Commission. Deputy Mayor McCann seconded the motion and it carried 5-0. Mayor Cox announced that work between City staff and Congressman Filner regazding several items on the Omnibus Appropriations bill that was passed by the Senate, had resulted in the City's receipt of $95,000 towazds renovations to the existing Civic Center Library Veterans wing, and $237,500 for a light rail corridor study. She also announced the `Sunset Safari' Nature Center fundraiser event on March 28, 2009 at 5:00 p.m., and the June 6, 2009 Fun Walk at the Olympic Training Center with proceeds benefiting the Chula Vista Animal Shelter, Friends of Recreation, and Chula Vista libraries. 11. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann spoke about the recent ]0-year anniversary of the Veterans Home Foundation, and he requested that staff prepaze a proclamation for presentation at the upcoming Veterans Home Foundation Meeting. He talked about his recent naval reserve duty on the USS Nimitz, and expressed his gratitude of the hospitality by the ship's crew. He spoke about the opportunity for members of the public to purchase a brick, personalize it, and have it placed on the Veteran's Walk of Honor. He then stated he was optimistic about the City's future. Page 10 -Council Minutes Mazch 17, 2009 DRAFT COUNCILMEMBERS' COMMENTS (Continued) Councilmember Castaneda announced that he and Councilmember Bensoussan would be holding a meeting to look at establishing a network of community gazdens on Mazch 18th, 11:00 a.m., in the City Hall Executive Conference Room, and he invited any interested community members to attend. He invited any interested volunteers to South Bay Community Services `Day of Service' event on Mazch 21, 2009. He congratulated the Eastlake High School robotics team on its first place win at the 2009 regional robotics competition, and announced that anyone interested in making a donation towards the team's travel to compete in Atlanta, may make a tax deductible check payable to EEF or Eastlake Robotics, c/o Eastlake Educational Foundation, P.O. Box 210004, CV 92121. He wished everyone a happy St. Patrick's Day. He spoke regarding Proposition A, and asked the City Attorney to return next week with a resolution for Council consideration stating the Council's position on having a confirmation by the Chula Vista voters five years after the sales tax increase was initiated. He asked staff to make a request to the White House Press Office for an official picture of President Obama to be displayed in a prominent location in City Hall. Councilmember Bensoussan requested staff to return to Council with an agenda item to poll the Council for support of advancement of the Bayfront project, by encouraging the land swap and moving forward with the envirotunental impact report process. A. Councilmember Bensoussan -Request for discussion and direction on Proposed Outline for Establishment of an Independent Advisory Boazd (Prop A Advisory Committee - PAAC) to oversee the allocation of funds received from the sales tax increase (Prop A) assuring that these funds aze spent according to the stated intent of the May 5 ballot measure and to make recommendations and regulaz reports to City Council. Councilmember Bensoussan requested that the Council consider adopting proposed principles for formation of a Prop A Independent Advisory Committee. She then presented the proposed principles. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, suggested that the proposed committee be involved with oversight of the City's budget process. Ed Herrera, Chula Vista resident, representing Southwest Chula Vista Civic Association, stated that formation of such a committee was a last minute effort to create a cosmetic form of accountability. He stated that there would be no assurance to the community on how funds from Prop A would be spent. Mitch Thompson, Chula Vista resident, spoke in support of the proposed committee, and the need for transparency throughout the process. Councilmember Ramirez spoke in support of formation of a Prop A Advisory Committee, and suggested that the committee be formed prior to the ballot mail-out in April. He suggested narrowing down the proposed committee principles in order to reach a decision within the next week.. Page 11 -Council Minutes Mazch 17, 2009 C... ' ~I DRAFT COUNCILMEMBERS' COMMENTS (Continued) Councilmember Castaneda suggested that the proposed committee look at the budget with respect to the revenues from Prop A, and if necessary to determine those revenues, the budget as a whole. Deputy Mayor McCann stated that since he was opposed to Prop A, he would be recusing himself from participation on the matter, and he left the dais at 9:52 p.m. Mayor Cox suggested that the Council address each principle sepazately. It was the consensus of the Council to approve the proposed principles for committee purpose as amended: 1) Maintenance of vital, at risk, public services; 2) Address infrastructure maintenance deficiencies; 3) Slowly build up general fund reserves. Councilmember Ramirez suggested adding language to provide oversight of long term fiscal well being. There was Council consensus to add a fourth point to indicate that the proposed committee would recommend to the Council measures that would be taken once reserves were restored, and at what point the Council could begin to use the reserves. It was the consensus of the Council to approve the principles for the format of the committee, as amended: 1) Bottom up committee formation, as opposed to top down; 2) Wide representation from interest groups and geographical azeas, as well as interested individuals who were not part of a group; 3) Desirable skill sets (not required) such as familiarity with finance (CPA), planning infrastructure and budget processes; 4) Members must reside, or work, in a business in Chula Vista. 5) Broad representation from interest group categories, such as local businesses, community, workers, educational, professional, seniors, youth, environmental, community health, public safety, different Chula vista geographical azeas; It was the consensus of the Council to approve the principles for the conduct of meetings as amended: 1) Meetings held in accordance with Brown Act requirements; 2) Meetings be held frequently, coinciding with the budget process cycle; 3) The committee should work closely with the City Manager and Finance Department; 4) Provide quarterly reviews and annual reports to Council, coinciding with the City Treasurer's financial reports. The proposed principles for the five yeaz study were to provide the Council with amid-term report to examine if the sales tax rate should be adjusted, or if the tax increase period should be shortened, terminated, or continued. City Attorney Miesfeld stated he could add to the resolution, previously requested by Councilmember Castaneda, a request for the committee to provide the Council with a report well in advance of the five-yeaz point for consideration. City Attorney Miesfeld stated that he would provide a legal opinion regazding the legality of adjusting the rate or the duration of the tax increase. Page 12 -Council Minutes March 17, 2009 lC'~I DRAFT COUNCILMEMBERS' COMMENTS (Continued) Mayor Cox asked City Clerk Noms to work with Councilmember Bensoussan on the guiding principles and to place the revised document on the agenda for the March 24, 2009 Council Meeting. B. Councilmember Ramirez -Request for consideration to endorse the 2nd Annual International Friendship Games, to be held May 9, 2009 at Mater Dei Catholic High School, as a City of Chula Vista event. Councilmember Ramirez talked about the upcoming event and related activities, stating that no City funds would be used for the event. ACTION: Councilmember Ramirez moved to request Council endorsement of the 2nd International Friendship Games on May 9, 2009. Mayor Cox seconded the motion and it carried 4-Q with Deputy Mayor McCann absent from the dais. Mayor Cox recessed the meeting to convene in Closed Session at 10:21 p.m. CLOSED SESSION 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1) Felix Espino v. City of Chula Vista, et al., United States District Court, Case No. OScv2321-WQH (POR); ACTION: No reportable action was taken on this item. 2) Deanna Mory, et al. v. City of Chula Vista, et al., United States District Court, Case No. 06 CV 1460 JAH(BLM) and, ACTION: No reportable action was taken on this item. 3) Deanna Mory, et al. v. City of Chula Vista, et al., United States District Court, Case No. 07-CV-0462 JLS (BLM) ACTION: No reportable action was taken on this item. ADJOURNMENT At 10:45 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of Mazch 24, 2009 at 6:00 p.m. in the Council Chambers. i Dom- D Donna R. Norris, C C, City Clerk Page 13 -Council Minutes Mazch 17, 2009 is-~~ UNIVERSITY OF CALIFORNIA, SAN DIEGO BERKELEY ~ DAViS -IRVINE ~ LOS ANGELES ~ RIVERSIDE ~ SPuN DIEGO ~ SAN FRANC[SCO R. CHRISTOPHER SEABEES, M.D., FAAFP H.S. ASSISTANT CLINICAL PROFESSOR CO-DIRECTOR, COMBINED FAMILY MEDICINE & PSYCHIATRY RESIDENCY ASSOCIATE MEDICAL DIRECTOR, DIRECTOR OF CLINICAL OUTREACH ST. VINCENT DE PAUL FAMILY HEALTH CLINIC DEPARTMENT OF FAMILY & PREVENTIVE MEDICINE DEPARTMENT OF PSYCHIATRY June 18, 2009 Chula `vista Iviayor and Council Office 276 Fourth Avenue Chula Vista, CA 91910 To the Mayor and City Council: ,v UCSD °, ~ o SANTA BARBARA ~ SAMA CRUZ a r ee UCSD COMBINED FAMILY MEDICINE & PSYCHIATRY RESIDENCY PROGRAM 200 WEST ARBOR DR. MC 8809 SAN D[EGO, CALiFORN1A 92103-8809 (619)233-8500 Ext 1430 Fax: (619) 687-1067 EMAIL: csearles~ucsdedu G'7 ~~ ~~ ~ n~ r ~ ~ e nes CJ ~~ N A TTl ~~ "9 ~,t;. u+ p c'z--I i.i rn;: A It is with regret that I offer this letter of resignation from the Chula Vista Board of Ethics and the Chula Vista Parks and Recreation Commission effective immediately. I have had the great fortune during my time on the Parks and Recreation Commission to work with a tremendous group of community volunteers as well as a dedicated departmental staff. Under the unassuming leadership of Mr. Buck Martin who himself has been asked to increase his responsibilities with diminished resources, the administrative and operational staff of the Chula Vista Parks and Recreation Department have done an amazing job of preserving their mission and the services it provides to the public. During my time on the commission, it has been an absolutely honor to work with my fellow members on issues ranging from the smoking ban in parks to~healthy vending options at our recreation centers. Through my work with the California Parks and Recreation Society and many local and regional recreation providers throughout state in recent years, I can say without hesitation that our department of parks and recreation is on par with the very best departments I have worked with. My experience on the Board of Ethics has been an equally rewarding one. Though the membership has changed over my time on the board, one constant has always been the earnest dedication that each member has brought to their work, sometimes in the face of strong criticism from the community. It has been a challenge to be mindful of the fundamental role the board of ethics plays as it navigates the difference between the law and ethics; what one has a right to do, and what is right to do. I am quite proud of the work of the board, particularly as it has continued to revise the current code of ethics and look forward to the city council's review of the board's work. Thank you so much for the opportunity to serve as I have. I can honestly say that I gained so much more than I could ever have given as a volunteer to the commission and board. I will continue to take an active albeit less formal role in the city moving forward, as a "Friend" of Chula Vista parks and recreation and in other ways, and look forward to supporting the hard work you do to better the city however I may. Sincere Regards ~~/ ~ R. Christopher Searles, M.D. CITY COUNCIL AGENDA STATEMENT 6,, ~; ~~~~~ J ~~ CITY OF CHULAVISTA JULY 14, 2009, Item 3 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL PUBLIC SAFETY FIRE (IAFF) MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES Ji,(.'~p/ REVIEWED BY: CITY MANAGER 'HU` ASSISTANT CITY ANAGER ~ 4/STNS VOTE: YES ~ NO ^X SUMMARY In an effort to significantly reduce the fiscal year 2010 and 2011 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 the International Association of Fire Fighters (IAFF) eligible employees only, and provide for a limited medical incentive program for those that retire during the prescribed 90-day window period. Staff is proposing Council to adopt this Resolution offering this benefit to all Local Public Safety Fire employees represented by the IAFF bargaining group effective July 14, 2009. ENVIRONMENTAL REVIEW Not applicable RECOMMENDATION Council adopt the Resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION 3-1 JULY 14, 2009, Item 3 Page 2 of 4 On October 16, 2007, the City Council of the City of Chula Vista approved a Resolution of Intention to provide Two Years Additional California Public Employees Retirement System (CaIPERS) Service Credit for Local Miscellaneous members and Local Safety members (Police and Fire). An Emergency Ordinance was adopted on November 6, 2007. Sixty-two (62) employees took advantage of this eazly retirement incentive. On April 22, 2008, the Council approved a second Resolution of Intention to provide the same Ca1PERS benefit to all Local Miscellaneous employees and a limited, specific list of classifications in Police and Fire management. Eighteen (18) employees took advantage of the eazly retirement opportunity. On December 16, 2008, the Council approved a third Resolution of Intenflon to provide the same Ca1PERS benefit to all Local Miscellaneous and Local Public Safety (Police) employees in all departments of the City. Thirty-three (33) employees took advantage of this early retirement incentive. Numerous efforts are being implemented to reduce expenditures in fiscal yeaz 2010 and 2011. It is recommended that the City offer another Two Years Additional Service Credit pursuant to Government Code section 20903 for Local Public Safety (Fire) members, who retire during the designated period of July 15, 2009 to October 12, 2009. The City is also proposing a limited, two-tiered medical incentive program. If an employee takes advantage of the two-yeaz additional service credit, the City will pick up the cost of the health caze premium for Employee Only for two (2) calendaz years. If an employee has akeady reached the 30-yeaz maximum years of service for safety employees and therefore cannot take advantage of the two-yeaz additional service credit, the City will provide the cost of health care premium for Employee Only for four (4) calendaz yeazs. The City is offering a medical incentive to encourage as many employees as possible to consider retiring this fiscal yeaz in an effort to help rn;n;m;~e or prevent layoffs and to reduce personnel costs. Government Code secfion 20903 provides Two Yeazs Additional Ca1PERS Service Credit to members who retire during a designated period. The City must certify that if any eazly retirements aze 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 an overall reduction in the workforce of the deparhnent 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 (90) window period from July 15, 2009 -October 12, 2009. 3-2 JULY 14, 2009, Item 3 Page 3 of 4 Elieibility To be eligible, the following criteria must be met: • member must have at least five yeazs of Ca1PERS 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 credit is forfeited. Medical Incentive 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 coverage as follows: Retiring with 2 Additional Service Credit Medical Incentive for 2 calendaz years Retiring without 2 Additional Service Credit Medical Incentive for 4 calendaz years Upon retirement, employees aze 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 aze not eligible for the medical incentive pmgram. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT 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 estimated amount is based on the members' annual pay rate, cost factors established by Ca1PERS actuaries and the fact that the City contracts for aPost-Retirement Survivor allowance. If all twenty (20) eligible employees opt to take the Two Yeaz Additional Service Credit and retire during the designated period, the estimated cost will be: Safety (Fire) Plaa Additional Employer Contribution: $1,469,911 (over twenty yeazs) Annual Cost: $111,020 Rate Increase in Employer Contribution: 1.29% Additionally, if all twenty (20) eligible employees retire under this program, the annual base salary savings would be approximately $1.758 million annually. However, during 3-3 NLY 14, 2009, Item ,3 Page 4 of 4 the three previous Two Yeaz Service Credit opportunities, a total of 30 percent of the eligible employees retired. We are estimating that approximately 5 percent of the eligible employees may retire. The estimated annual salary savings to the City's General Fund is estimated at $87,929. A final list of employees who applied for retirement pursuant to the offer will be presented to Ca1PERS after the expiration of the application window. Ca1PERS will 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 is $4,377 per year, if 5 percent of all eligible retirees took the coverage. However, the City is saving approximately $5,143 a year in City contribution for this same group. Total net savings from salaries and medical contribution is $93,072 per year. 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. CON'T'RACT AMENDMENT PROCESS A contract amendment between the City of Chula Vista and Ca1PERS to grant a designated period is not required. ATTACHMENTS 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. Prepared by: Kelley Bacan, Director of Human Resources 3-4 CiT~ ~z~~~cAa, oi= ~~~ C~~f +3F CY1~i~A ~1ST~ ~~ ~~~~ AN03T~l~~i ~~si~TE~ ~~~~~~ ~~s~ °~~~ ~~~~ A~1i~iT3O~1;~~. ~~~c~ >N~~~iT Vll}iEREAS, the City Councii ofi~e Cifij ofi Chuia Vista is a contracting Public Agency of the Pubiic Empiayees' Retirement System; aa,d Ni~IERSAS, said Public Agency desires to provide another designated period for Two Years Additonal Service Credit, Section 20903, based on the contract amendment included in said contract uvhich prodded for Section 20903, Two Years Additional 5savice Credit, far eiigible member; ~1abV, THE~tEPORS, 8E iT RS80~LV;=i7, that said Oity Council does seek to add another designated period, and does Hereby authorize this Rescluticn, indicating a desire to add a designated period dram Ju1v15, 2009 $hrough October 12, 2009 far effigible Local Public Safety Fire members o t e a i ornia Public Employees Retirement ystem (Ca1PER5). Adop#ed and approved #i~is 14th day Of July ~ 2009 CITY CGt_J~ICiL flF TH;" CITY OF C'i~ULA VISTA A#tast: Cieri</Secretary Donna Norris, CMC (ROV. ti?6J $Y Rrasiding Ctficer Cheryl Cox, Mayor 3-5 CALIFORNIA PUBLIC EMPLOYI=E S' RETiRI_MENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramentd. CA 94229-2709 (8$8} CaIPERS {225-7377) CE~tT1FICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adapted by the City Council Of the (governing body) City of Chula Vista (public agency) On .7uly 14, 2009 (date) Clerk/Becretary Donna Norris, CMC City Clerk PERS-CON~12 (r=_v. 1l98) 3-6 CAL1~t)R~IiA PLiSLi~C SilflP4,0YESS' ~2S~IF'cSi~ENT S'trS'fB~i Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 {888} CaIPERS (225-7377} OBR~i~i~A?'i®N O~ ~ai~PL9AiyCi= M11TH ~t~>ISf2~lAAS~tT X049;= S~CTiO~I 75~i7 i hereby certify that in accordance with Section 7507 of the Government Code She Mature annual casts as de#errnined by the System Actuary for the increase in re#irernent benefit(s) have been made public at a public meeting of the City Council (governing body) of the City of Chula Vista (public agency) en June 23, 2009 which is at least two weeks prior #a the adoption of the (date) Pesolution /Ordinance. Clerk/Secretary Donna Norris, CMC City Clerk l"itle Da$e July 14, 2009 PC=RS-CON-12A (rev. 1/96) 3-7 CALIFORNIA PUBLIC EMPI.DYEES' RETIREMENT SYSTEM Employer Services Division Contract Mairrtenance Unit P.O. Box 942709 Sacramento, CA 94229-2709 CERTIFICATION DF COMPLIANCE'NlITH GOVERNMENT CODE SECTION 20903 In accordance with Govemment Code Section 20903 and the contract between the Public Employees' Retirement System, the City Council of the City of Chula Vista hereby certifies that: because of an impending curtailment af, or change in the manner of performing service, the best interests of the agency will be served by granting such additional service credit. 2. The added cost to the retirement fund for all eligible employees who retire during the designated window period will be included in the contracting agency's employer contribution rate for the fiscal year that begins two years after the end of the designated period. I# has elected to become subject to Section 20903 because of impending mandatory transfers, demotions, and layoffs that constitute at least 1 percent of the job classification, department or organizational unifi, as designated by the governing body, resulting from the curtailment of, or change in the manner of performing, its services, 4. Its intention at the time Section 20903 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit permanently unfilled thereby resulting in an overall reduction in the work force of such department or organizational unit. THEREFORE, the City Cauncii of the City of Chula Vista hereby elects to provide the benefits of Government Code Section 20903 to all eligible members who retire within the designated period, July 15. 2009 through October 12, 2009 CITY COUNCIL OF THE CITY OF CHULA VISTA Attest; BY Presiding Qft:icer Cheryl Cox, Mayor Clerk/Secretary Donna Norris, CMC, City Clerk Suly 14, 2009 . Date 2yr certification-PA (Rev. 4104) 3-8 Two Years Additional CaIPERS Service Credit For Local Safety Fire Members W I fD 280 09/08/86 FIRE CAPTAIN (112 HR) IAFF 54 0.87 $91,150.55 $79,300.98 115 11/06/78 FIRE CAPTAIN (112 HR) IAFF 53 0.87 $91,150.55 $79,300.98 531 04/06/92 FIRE ENG (112 HR) IAFF 54 0.87 $77,716.93 $67,613.73 314 06/08/87 FIRE CAPTAIN (112 HR) IAFF 57 0.82 $91,150.55 $74,743.45 76 05/31/75 FIRE ENG (BO HR) IAFF 66 0.68 $77,71fi.92 $52,847.51 281 09/08/86 FIRE CAPTAIN (112 HR) IAFF 54 0.87 $91,150.55 $79,300.98 463 12/17/90 FIRE CAPTAIN (112 HR) IAFF 51 0.87 $91,150.55 $79,300.96 133 07/26/80 FIRE CAPTAIN (112 HR) IAFF 54 0.87 $91,150.55 $79,300.98 162 01/17/83 FIRE CAPTAIN (112 HR) IAFF 51 0.87 $91,150.55 $79,300.98 2361 09/06/02 SR FIRE INSPECTOR IAFF 58 0.82 $83,145.06 $68,178.95 426 04/23/90 FIRE CAPTAIN (80 HR) IAFF 51 0.87 $91,150.55 $79,300.98 282 09/08/86 FIREFIGHTER (112 HR) IAFF 56 0.82 $66,051.18 $54,161.97 331 10/19/87 FIRE CAPTAIN (112 HR) IAFF 53 0.87 $91,150.55 $79,300.98 141 06115/81 FIRE CAPTAIN (80 HR) IAFF 60 0.75 $91,150.55 $68,362.91 75 03120/75 FIRE ENG (112 HR) IAFF 62 0.75 $77,716.93 $58,287.70 405 11/06/89 FIRE ENG (112 HR) IAFF 56 0.82 $77,716.93 $63,727.88 163 02/01/83 FIRE CAPTAIN (112 HR) IAFF 55 0.82 $91,150.55 $74,743.45 164 05/02/83 FIRE CAPTAIN (112 HR) IAFF 56 0.82 $91,150.55 $74,743.45 537 04/06/92 FIRE CAPTAIN (112 HR) IAFF 53 0.87 $91,150.55 $79,300.98 208 03/25/85 FIRE BATTALION CHIEF (112 HR) IAFF 54 0.87 $113,552.56 $98,790.73 $1,756,573.66 Add'I Employer Contributions $1,469,910.53 Divide Add'I Employer Contributions by 13.24 (20yr amortization factor) $111,020.43 Divide 20 amortization amount by annual payroll plan $6,5f 1.29% June 2009 EQ RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL PUBLIC SAFETY FIRE (IAFF) MEMBERS OF THE CALIFORNIA PUBLIC E.'VIPLOYEES RETIREMENT SYSTEM (CALPERS) WHEREAS, in an effort to significantly reduce the fiscal year 2010 and 2011 general fund budget by reducing the number of benefited employees throughout the organization, staff is proposing that Council grant another Two Yeazs Additional Service Credit for the International Association of Fire Fighters (IAFF) eligible employees only, and provide for a limited medical incentive program for those that retire during the prescribed 90-day window period; and WHEREAS, staff is proposing Council to adopt this Resolution offering this benefit to all Local Public Safety Fire employees represented by the IAFF bargaining group effective July 14, 2009; and WHEREAS, on October 16, 2007, the City Council of the City of Chula Vista approved a Resolution of Intention to provide Two Yeazs Additional California Public Employees Retirement System (Ca1PERS) Service Credit for Local Miscellaneous members and Local Safety members (Police and Fire); and WHEREAS, an Emergency Ordinance was adopted on November 6, 2007; and WHEREAS, sixty-two (62) employees took advantage of this early retirement incentive; and WHEREAS, on April 22, 2008, the Council approved a second Resolution of Intention to provide the same Ca1PERS benefit to all Local Miscellaneous employees and a limited, specific list of classifications in Police and Fire management; and WHEREAS, eighteen (18) employees took advantage of the early retirement opportunity; and WHEREAS, on December 16, 2008, the Council approved a third Resolution of Intention to provide the same Ca1PERS benefit to all Local Miscellaneous and Local Public Safety (Police) employees in all departments of the City; and WHEREAS, thirty-four (34) employees took advantage of this early retirement incentive; and WHEREAS, numerous efforts are being implemented to reduce expenditures in fiscal year 2010 and 201 l; and 3-10 Resolution No. 2009- Page 2 WHEREAS, It is recommended that the City offer another Two Years Additional Service Credit pursuant to Government Code section 20903 for Local Public Safety (Fire) members, who retire during the designated period of July 15, 2009 to October 12, 2009; and WHEREAS, the City is also proposing a limited, two-tiered medical incentive program; and WHEREAS, if an employee takes advantage of the two-year additional service credit, the City will pick up the cost of the health care premium for Employee Only for two (2) calendaz years; and WHEREAS, if an employee had already reached the 30-year maximum yeazs of service for safety employees and therefore cannot take advantage of the two-yeaz additional service credit, the City will provide cost of health caze premium for Employee Only for four (4) calendar yeazs; and WHEREAS, the City is offering a medical incentive to encourage as many employees as possible to consider retiring this fiscal year in an effort to help minimize or prevent pending layoffs and to reduce personnel costs; and WHEREAS, Government Code section 20903 provides Two Yeazs Additional Ca1PERS Service Credit to members who retire during a designated period; and WHEREAS, 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 an overall reduction in the workforce of the department or organizational unit; and WHEREAS, 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; and WHEREAS, staff is proposing a ninety day (90) window period from July 15, 2009 - October 12, 2009; and WHEREAS, to be eligible, the following criteria must be met: • member must have at least five yeazs of CaIPERS 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 credit is forfeited; and 3-11 Resolution No. 2009- Page 3 WHEREAS, in addition to the Two Yeazs 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 coverage as follows: Retiring with 2 Additional Service Credit Medical Incentive for 2 calendaz Yeazs Retiring without 2 Additional Service Credit Medical Incentive for 4 calendaz years; and WHEREAS, upon retirement, employees aze 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; and WHEREAS, non-benefited, unclassified hourly employees are not eligible for the medical mcenhve program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby grant a period for two years additional service credit pursuant to Government Code section 20903 for all Local Public Safety Fire (IAFF) members of the California Public Employees Retirement System (Ca1PERS). Presented by Kelley Bacon Director of Human Resources Approved as to form by Ci ~~ Bart C. Miesfeld ~~~ p~ r~ City Attorney 3-12 CITY COUNCIL AGENDA STATEMENT \-~~ CITY OF '"'+`"'CHUTAVISTA JULY 14, 2009, Item ~" ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL MISCELLANEOUS AND ALL LOCAL PUBLIC SAFETY POLICE MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES ~~~ REVIEWED BY: CITY MANAGER `w ASSISTANT CITY ~'GIANAGER S~ 4/STHS VOTE: YES ~ NO ~X SUMMARY In an effort to significantly reduce the fiscal year 2010 and 2011 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 all Local Miscellaneous and all Local Public Safety Police and provide for a limited medical incentive program for those that retire during the prescribed 90-day window period. Staff is proposing Council to adopt this Resolution offering this benefit to all Local Miscellaneous and all Public Safety Police members effective July 14, 2009. ENVIRONMENTAL REVIEW Not applicable RECOMMENDATION Council adopt the Resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION 4-1 JULY 14, 2009, Item Page 2 of 4 On October 16, 2007, the City Council of the City of Chula Vista approved a Resolution of Intention to provide Two Years Additional California Public Employees Retirement System (CaIPERS) Service Credit for Local Miscellaneous members and Local Safety members (Police and Fire). An Emergency Ordinance was adopted on November 6, 2007. Sixty-two (62) employees took advantage of this early retirement incentive. On April 22, 2008, the Council approved a second Resolution of Intention to provide the same CaIPERS benefit to all Local Miscellaneous employees and a limited, specific list of classifications in Police and Fire management. Eighteen (18) employees took advantage of the eazly retirement opportunity. On December 16, 2008, the Council approved a third Resolution of Intention to provide the same CaIPERS benefit to all Local Miscellaneous and Local Public Safety (Police) employees in all departments of the City. Thirty-three (33) employees took advantage of this eazly retirement incentive. Numerous efforts are being implemented to reduce expenditures in fiscal yeaz 2010 and 2011. It is recommended that the City offer another Two Years Additional Service Credit pursuant to Government Code section 20903 for all Local Miscellaneous and Local Safety Police members, who retire during the designated period of July 15, 2009 to October 12, 2009. The City is also proposing a limited, two-tiered medical incentive program. If an employee takes advantage of the two-year additional service credit, the City will pickup the cost of the health care premium for Employee Only for two (2) calendaz years. If an employee has already reached the 30-yeaz maximum years of service for safety employees and therefore cannot take advantage of the two-yeaz additional service credit, the City will provide the cost of health caze premium for Employee Only for four (4) calendaz yeazs. The City is offering a medical incentive to encourage as many employees as possible to consider retiring this fiscal yeaz in an effort to help minimise or prevent layoffs and to reduce personnel costs. Government Code section 20903 provides Two Yeazs Additional Ca1PERS Service Credit to members who retire during a designated period. The City must certify that if any eazly retirements aze 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 an 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 (90) window period from July 15, 2009 -October 12, 2009. 4-2 JiJLY 14, 2009, Item Page 3 of 4 Eligibility To be eligible, the following criteria must be met: • member must have at least five years of Ca1PERS 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 credit is forfeited. Medical Incentive In addition to the Two Yeazs 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 coverage as follows: Retiring with 2 Additional Service Credit Medical Incentive for 2 calendaz years Retiring without 2 Additional Service Credit Medical Incentive for 4 calendar yeazs Upon retirement, employees aze required to enroll in Medicaze 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. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT 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 estimated amount is based on the members' annual pay rate, cost factors established by CaIPERS actuaries and the fact that the City contracts for aPost-Retirement Survivor allowance. If all two hundred thirty-seven (237) eligible employees opt to take the Two Yeaz Additional Service Credit and retire during the designated period, the estimated cost will be: Miscellaneous and Public Safety (Police) Plan Additional Employer Contribution: $11,597,322 (over twenty years) Annual Cost: $875,931 Rate Increase in Employer Contribution: 1.38% Additionally, if all 237 eligible employees retire under this program, the annual base salary savings would be approximately $16.9 million annually. However, during the three previous Two Yeaz Service Credit opportunities, a total of 30 percent of the eligible 4-3 JULY 14, 2009, Item Page 4 of 4 employees retired. We aze estimating that approximately 10 percent of the eligible employees may retire. The estimated annual salary savings to the City's General Fund is estimated at $1.69 million. A final list of employees who applied for retirement pursuant to the offer will be presented to Ca1PERS after the expiration of the application window. Ca1PERS will include the cost of the Two Yeazs Additional Service Credit in the City's employer contribution rate commencing with the fiscal yeaz starting two years after the end of the designated period. The increase in employer contribution will be amortized over twenty yeazs. The estimated cost of the medical incentive program is $103,800 per yeaz, if 10 percent of all eligible retirees took the coverage. However, the City is saving approximately $134,122 a year in City contribution for this same group. Total net savings from salaries and medical contribution is $1.825 million. We will be able to accurately identify the final costs once all eligible employees sepazate from the City and retire. In addition to the budgetary impacts, there will be an impact to the City's unfunded liability for other post-employment benefits (OPEB). The Finance Department will determine the OPEB unfunded liability in order to comply with the Governmental Accounting Standards Boazd Pronouncement 45. CONTRACT AMENDMENT PROCESS A contract amendment between the City of Chula Vista and Ca1PERS to grant a designated period is not required. ATTACHMENTS For signature: 1. Resolution to Grant Another Designated Period for Two Yeazs Additional Service Credit 2. Certification of Governing Body's Action (PERS-CON-12) 3. Certification of Compliance with Government Code Section 7507 (PERS CON- 12A) 4. Certification of Compliance with Government Code Section 20903 Sio ature not required: Estimated Present Value of Additional Employer Contribution. Prepared by: Kelley Bacon, Director of Human Resources 4-4 C8T't ~0)~3i~iCi~ 0)F Y~iE C~3"f CP Ci~~~ V9~TA €dES~Ll3TiC9i~ T~ ~~~T A~d3T3~~~3 i3ES8~~i~+,TEi3 ~E~~dtD ~fl~ Ta~~3 YE.4i3$ ~~®9'3'it»~~ S~i~'3f90:~ C41T WN~REAS, the City Council of the City of Chula Vista is a cartracfing Public Agency of the Public Employees' Retirement System; and YvHiSRs=AS, said Public Agency desires to prcvide another designated period for Two Years Additional Service Credit, Section 20943, based on the cantract amendment included in said contrac3 which provided for Section 20903, Two Years Additional Service Credit, for aiigible members; ~iC~UV, THE~2E~ORE, SE 9T RESOn_VEC3, that said City Council does seek to add another designated period, and does hereby ao~thorize this ~iesolution, indicating a desire to add a designated period from Julv 15, 2009 through October 12, 2009 far eligible Local Miscellaneous and Local Public Safety Police members of the California Public Employees Retirement System (CalPERS). Ado{oted and approved this 14th day of July 2009 C8i''i' Cz:?i.iNCIL OP THE C'iTY 0P C~iULA VISTA $Y I'residing Cfficer Attest: Clark/Secretary Donna Norris, CMC (Rav.2l56j Cheryl Cox, Mayor 4-5 CALIFORNIA PUBLIC EMPLDYEI=S' RETIREMENT SYSTEiIfl Actuarial and Employer Services Branch Public /kgency Contract Services P.O. Bcx 942709 Sacramento, CA 94229-2709 (888) GeIPERS (2,25-7377) GERTIFICATION OF GOY6RNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the ty council (governing body) of the City of Chula Vista (public agency) pn July 14, 2009 (date) Clerk/Secretary Donna Norris, CMC City Clerk PERS-CON-12 (rev, 1190) 4-6 CALIFORNIA PUSLJC EPAPLOYI;I=S' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O.. Box 942709 Sacramento, CA 94229-2709 (888) GaIPERS (225-7377) CERTIFICATION OF COMPLIANCE MIITii GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary for fihe increase in retirement benefit(s) have been made public afi a public meeting of the City Council (governing body) of the City of Chula Vista (public agency) on Sune 23. 2009 which is at least two weeks prior to the adoption of the (date) Resolu#ion (Ordinance. Clerk/Secretary Donna Norris, CMC Citv Clerk Title Date July 14, 2009 PERS-CON-12A (rev. 1/96) 4-7 CALlFf3RNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Employer Services Division Contract Maintenance Unit P.O. BoX 942709 Sacramento, CA 94229-2709 CERTIFICATION OF COMPLIANCE 4NITH GOVERNMENT COpE SECTION 20903 In accordance with Government Code Section 20903 and the contract between the Public Employees' Retirement System, the City Council of the City of Chula Vista hereby certifies that: Because of an impending curtailment of, or change in the manner of pertorming service, the best interests of the agency will be served by granting such additional service credit. 2. The added cost to the retirement fund for all eligible employees who retire during the designated window period will be included in the contracting agency's employer contribution rate for the fiscal year that begins two years after the end of the designated period. 3. It has elected to become subject to Section 20903 because of impending mandatory transfers, demotions, and layoffs that constRute at least 1 percent of the jab classification, department or organizational unit, as designated by the governing body, resulting from the curtailment of, or change in the manner of pertorming, its services. 4. Its intention at the time Section 2D903 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit permanently unfilled thereby resulting in an overall reduction in the work force of such department or organizational unit. THEREFORE, the City Council of the City of Chula Vista hereby elecfis to provide the benefits of Government Code Section 20903 to all eligible members who retire within the designated period, July 15, 2009 through October 12, 2009 CITY COUNCIL OF THE CITY OF CHULA VISTA Attest: BY Presiding Officer Cheryl Cox, Mayor Cierk/Secretary Donna Norris, CMC, City Clerk Suly 14, 2009 Date 2yr certification-PA IROV_ 4/OA) 4-8 Two Years Additional Service Credit (IV) For Local Miscellaneous and Police Members 1 988 CITY ATTORNEY CATY 51 0.63 $207,738.96 $130,875.54 2 4070 COUNCILPERSON CL 59 0.72 $47,200.30 $33,984.22 3 2987 COUNCILPERSON CL 50 0.63 $47,200.30 $29,736.19 4 1230 CITY MANAGER CMGR 54 0.63 $215,000.18 $135,450.11 5 1451 CBAG ANALYST CONF fi0 0.73 $39,123.62 $28,560.24 6 3277 OFFICE SPECIALIST (MYR/@WILL) CONF 53 0.63 $40,524.58 $25,530.49 7 3374 HR TECHNICIAN CONF 56 0.72 $49,046.74 $35,313.65 8 2932 CBAG ANALYST CONF fit 0.73 $48,904.53 $35,700.31 9 2033 ADMINISTRATIVE TECHNICIAN CONF 53 0.63 $56,920.03 $35,659.62 10 4086 CBAG RCFL NETWORK ENGINEER CONF 65 0.65 $63,202.54 $41,081.65 11 85 5R ADMINISTRATIVE SECRETARY CONF 53 0.63 $62,612.12 $39,445.64 12 2421 LEGAL ASSISTANT CONF 55 0.72 $56,920.03 $40,982.42 13 778 CBAG EXECUTIVE ASSISTANT CONF 53 0.63 $fi2,655.41 $39,472.91 14 335 EXECUTIVE SECRETARY CONF 53 0.63 $68,873.19 $43,390.11 15 3122 CBAG ANALYST CONF 52 0.63 $48,904.53 $30,809.85 16 2993 SR COUNCIL ASST CONF 58 0.72 $38,623.82 $27,809.15 17 2764 LEGAL ASSISTANT CONF 50 0.63 $56,920.03 $35,859.62 18 498 SR TREE TRIMMER CVEA 54 0.63 $60,483.93 $38,104.88 19 1889 BUILDING INSPECTOR II CVEA 54 0.63 $72,300.07 $45,549.04 20 1833 PUMP MAINT TECHNICIAN CVEA 50 0.63 $59,665.31 $37,589.15 21 97 CUSTODIAL SUPERVISOR CVEA 57 0.72 $52,694.47 $37,940.02 22 168 LIBRARIAN III CVEA 64 0.73 $66,042.65 $48,211.13 23 188 POLICE DATA SPECIALIST CVEA 56 0.72 $40,525.24 $29,178.17 24 2234 LEAD CUSTODIAN CVEA 59 0.72 $45,821.28 $32,991.32 25 1074 GIS SUPERVISOR CVEA 55 0.72 $86,968.81 $62,617.54 26 661 CUSTODIAL SUPERVISOR CVFJt 54 0.63 $52,694.47 $33,197.52 27 1723 SR OFFICE SPECIALIST CVEA 55 0.72 $44,577.91 $32,096.10 28 1831 SR RECORDS SPECIALIST CVEA 57 0.72 $51,264.59 $36,910.50 29 2928 EQUIPMENT MECHANIC CVEA 57 0.72 $56,829.18 $40,917.01 30 273 RECREATION SUPERVISOR II CVEA 51 O.fi3 $57,875.74 $36,461.72 31 1493 SR PROCUREMENT SPECIALIST CVEA 63 0.73 $70,665.42 $51,585.76 32 77fi LIBRARY ASSOCIATE CVEA 60 0.73 $40,821.51 $29,799.70 33 467 SR HVAC TECHNICIAN CVEA 53 0.63 $69,256.36 $43,631.51 34 600 SR POLICE DATA SPECIALIST CVEA 53 0.63 $46,604.25 $29,360.68 35 1283 LIBRARY TECHNICIAN CVEA 66 0.65 $45,148.00 $29,346.20 36 290 LIBRARIAN II CVEA 52 0.63 $60,038.77 $37,824.43 37 2643 PUBLIC WORKS INSP II CVEA 50 0.63 $72,300.04 $45,549.03 38 200 SIGNAL SYSTEMS ENGINEER II CVEA 74 0.65 $83,119.89 $54,027.93 39 350 PUB WORKS SPECIALIST CVEA 60 0.73 $52,391.19 $38,245.57 40 2289 LEAD CUSTODIAN CVEA 56 0.72 $45,821.28 $32,991.32 41 2237 SR FISCAL OFFICE SPECIALIST CVEA 50 O.fi3 $46,806.77 $29,488.27 42 219 LIBRARY ASSOCIATE CVEA 58 0.72 $49,618.80 $35,725.54 43 712 CUSTODIAN CVEA 61 0.73 $41,655.58 $30,408.57 44 2176 TRAFFIC DEVICES TECH CVEA 51 0.63 $66,246.51 $41,735.30 45 507 SR OFFICE SPECIALIST CVEA 51 0.63 $44,577.91 $28,084.08 46 450 OPEN SPACE INSPECTOR CVEA 52 0.63 $65,727.37 $41,408.24 47 3041 LIBRARIAN II CVEA 54 0.63 $54,456.94 $34,307.87 48 421 OPEN SPACE INSPECTOR CVEA 54 0.63 $65,727.37 $41,408.24 49 1603 LIBRARIAN II CVEA 53 0.63 $60,038.77 $37,824.43 50 1086 SR MAINTENANCE WORKER CVEA 57 0.72 $54,985.66 $39,589.68 51 351 SR PLANNING TECHNICIAN CVEA 50 0.63 $59,404.83 $37,425.04 52 2190 SR ADMINISTRATIVE SECRETARY CVEA 5fi 0.72 $59,630.59 $42,934.02 53 721 CUSTODIAN CVEA 52 0.63 $41,655.58 $26,243.02 54 3594 POLICE COMM RELATIONS SPEC CVEA 51 0.63 $52,889.48 $33,320.37 55 787 LANDSCAPE PLANNER II CVEA 50 0.63 $74,662.81 $47,037.57 56 555 CUSTODIAN CVEA 69 0.65 $20,827.79 $13,538.06 57 2199 CODE ENF OFFCR II CVEA 61 0.73 $62,800.41 $45,844.30 58 2321 SR OFFICE SPECIALIST CVEA 51 0.63 $44,577.91 $28,084.08 4-9 Two Years Additional Service Credit (IV) For Local Miscellaneous and Police Members 59 52 LIBRARIAN III CVEA 62 0.73 $66,042.65 $48,211.13 60 2320 LEAD CUSTODIAN CVEA 52 0.63 $45,821.28 $28,867.41 61 167 FIRE APPARATUS MECH CVEA 53 O.fi3 $68,159.59 $42,940.54 62 566 PUMP MAINT TECHNICIAN CVEA 53 0.63 $59,fi65.31 $37,589.15 63 2175 CODE ENF OFFCR II CVEA 51 0.63 $62,800.41 $39,564.26 64 481 ELECTRICIAN CVEA 55 0.72 $60,223.01 $43,360.57 65 1285 BUILDING INSPECTOR II CVFA 62 0.73 $72,300.07 $52,779.05 66 443 POLICE DISPATCHER SUPERVISOR CVEA 51 0.63 $69,942.50 $44,063.78 67 984 OPEN SPACE INSPECTOR CVEA 51 0.63 $65,727.37 $41,408.24 68 2729 CUSTODIAN CVFJ~ 51 0.63 $19,835.99 $12,496.67 69 2155 POLICE RECORDS TRANSCRIPTIONIS CVEA 57 0.72 $40,525.24 $29,178.17 70 74 POLICE DISPATCHER SUPERVISOR CVEA 52 0.63 $69,942.50 $44,063.78 71 2946 GIS SPECIALIST CVEA 62 0.73 $67,954.62 $49,606.87 72 462 GARDENER II CVEA 64 0.73 $45,821.28 $33,449.53 73 1525 MAINTENANCE WORKER II CVFA 52 0.63 $45,821.28 $28,867.41 74 2139 COMMUNITY SERVICE OFFICER CVEA 60 0.72 $45,054.89 $32,439.52 75 224 SR FISCAL OFFICE SPECIALIST CVE4 50 0.63 $46,806.77 $29,488.27 76 483 BUSINESS LICENSE REP CVEA 50 0.63 $46,060.05 $29,017.83 77 503 TREE TRIMMER CVEA 51 0.63 $50,403.32 $31,754.09 78 395 POLICE DISPATCHER SUPERVISOR CVEA 51 0.63 $69,942.50 $44,063.78 79 362 CUSTODIAL SUPERVISOR CVEA 59 0.72 $52,694.47 $37,940.02 80 767 SR ADMINISTRATIVE SECRETARY CVEA fit 0.73 $62,612.12 $45,706.85 81 fi32 ADMINISTRATIVE SECRETARY CVFJ1 54 0.63 $Sfi,920.03 $35,859.62 82 750 TRAFFIC DEVICES TECH SUPV CVEA 50 0.63 $76,183.51 $47,995.61 83 1547 GIS SPECIALIST CVEA 54 0.63 $67,954.62 $42,811.41 84 436 SR FISCAL OFFICE SPECIALIST CVEA 55 0.72 $46,806.77 $33,700.87 85 510 EQUIPMENT OPERATOR CVE4 54 0.63 $60,483.93 $38,104.88 86 1928 TREE TRIMMER CVEA 53 0.63 $50,403.32 $31,754.09 87 434 ACCOUNTING TECHNICIAN CVEA 51 0.63 $58,265.90 $36,707.52 88 98 CUSTODIAL SUPERVISOR CVEA 53 O.fi3 $52,694.47 $33,197.52 89 3653 SR OFFICE SPECIALIST CVEA 54 0.63 $44,577.91 $28,084.08 90 .468 CUSTODIAN CVEA 56 0.72 $41,655.58 $29,992.02 91 367 ELECTRONICS TECH SUPERVISOR CVEA 52 0.63 $76,183.51 $47,995.61 92 2078 LEAD CUSTODIAN CVEA 70 0.65 $45,821.28 $29,783.83 93 565 PARKS SUPERVISOR CVEA 50 0.63 $69,840.59 $43,999.57 94 390 SR MAINTENANCE WORKER CVEA 51 0.63 $54,985.66 $34,640.97 95 1216 OFFICE SPECIALIST CVEA 55 0.72 $19,638.88 $14,139.99 96 859 SR MAINTENANCE WORKER CVEA 57 0.72 $54,985.66 $39,589.68 97 129 ENGINEERING TECH II CVEA 54 0.63 $62,869.55 $39,607.82 98 3143 ACCOUNTING ASSISTANT CVEA 59 0.72 $46,060.05 $33,163.24 99 2683 ELECTRICIAN CVEA 50 0.63 $60,223.01 $37,940.50 100 958 SR MAINTENANCE WORKER CVFA 55 0.72 $54,985.66 $39,589.68 101 261 SR GARDENER CVEA 51 0.63 $54,985.66 $34,640.97 102 1943 LIBRARY ASSOCIATE CVEA 60 0.73 $24,809.40 $18,110.86 103 791 CUSTODIAN CVEA 61 0.73 $41,655.58 $30,408.57 104 1407 GARDENER II CVEA 54 0.63 $45,821.28 $28,867.41 105 307 POLICE DISPATCHER CVEA 53 0.63 $60,819.60 $38,316.35 106 3295 PUMP MAINT TECHNICIAN CVEA 57 0.72 $59,665.31 $42,959.02 107 1896 SR ENGINEERING TECHNICIAN CVEA 61 0.73 $72,300.04 $52,779.03 108 2422 SECRETARY CVEA 55 0.72 $44,577.91 $32,096.10 109 3081 LOCKSMITH CVEA 56 0.72 $57,355.03 $41,295.62 110 366 POLICE TECHNOLOGY SPECIALIST CVEA 55 0.72 $82,225.08 $59,202.06 111 478 SURVEY TECHNICIAN II CVEA 50 0.63 $62,869.55 $39,607.82 112 378 PUBLIC WORKS SUPERVISOR CVEA 57 0.72 $69,840.59 $50,285.22 113 2628 SR CODE ENFORCEMENT OFFICER CVEA 52 0.63 $79,442.44 $50,048.74 114 1772 SECRETARY CVEA 52 0.63 $44,577.91 $28,084.08 115 103 PARKS SUPERVISOR CVEA 55 0.72 $69,840.59 $50,285.22 116 1659 SR MAINTENANCE WORKER CVEA 52 0.63 $54,985.66 $34,640.97 4-10 Two Years Additional Service Credit (IV) For Local Miscellaneous and Police Members 117 324 SR PUB WORKS SPECIALIST CVEA 51 0.63 $62,869.55 $39,607.82 118 268 ACCOUNTING ASSISTANT CVEA 63 0.73 $46,060.05 $33,fi23.84 119 3097 FACILITY & SUPPLY SPECIALIST CVEA 53 0.63 $48,968.49 $30,850.15 120 1412 GARDENER II CVEA 54 0.63 $45,821.28 $28,867.41 121 1347 CODE ENF OFFCR II CVEA 53 O.fi3 $56,961.85 $35,885.97 122 3354 GARDENER II CVEA 50 0.63 $43,639.32 $27,492.77 123 2388 POLICE RECORDS SPECIALIST CVEA 54 0.63 $40,525.24 $25,530.90 124 1982 MAINTENANCE WORKER II CVEA 65 0.65 $45,821.28 $29,783.83 125 519 CUSTODIAN CVEA 58 0.72 $41,655.58 $29,992.02 126 270 RECREATION SUPERVISOR III CVEA 57 0.72 $66,557.24 $47,921.21 127 1873 ENGINEERING TECH II CVEA 51 0.63 $62,869.55 $39,607.82 128 2148 MAINTENANCE WORKER II CVEA 57 0.72 $45,821.28 $32,991.32 129 602 LEAD CUSTODIAN CVEA 56 0.72 $45,821.28 $32,991.32 130 3369 MAINTENANCE WORKER II CVEA 52 0.63 $45,821.28 $28,867.41 131 570 SR EQUIPMENT MECHANIC CVEA 57 0.72 $62,241.52 $44,813.89 132 323 SR PARK RANGER CVEA 54 0.63 $45,821.28 $28,867.41 133 ~ 508 SR LANDSCAPE INSPECTOR CVEA 63 0.73 $75,586.45 $55,178.11 134 837 SR MAINTENANCE WORKER CVEA 52 0.63 $54,985.66 $34,640.97 135 2178 RECYCLING SPECIALIST II CVEA 51 0.63 $57,091.33 $35,967.54 136 624 POLICE DISPATCHER SUPERVISOR CVEA 53 0.63 $fi9,942.50 $44,063.78 137 3010 PUBLIC SAFETY ANALYST CVEA 62 0.73 $70,396.68 $51,389.58 138 364 POLICE DISPATCHER CVEA 53 0.63 $60,819.60 $38,31fi.35 139 737 ASSOCIATE PLANNER CVEA 50 0.63 $74,662.81 $47,037.57 140 2420 CODE ENF OFFCR II CVEA 51 0.63 $62,800.41 $39,564.2fi 141 1302 SR GARDENER CVEA 52 0.63 $54,985.fi6 $34,640.97 142 683 POLICE DISPATCHER CVEA 50 O.fi3 $60,819.fi0 $38,316.35 143 1678 LIBRARY ASSOCIATE CVEA 57 0.72 $24,809.40 $17,862.77 144 2865 CUSTODIAN CVEA 61 0.73 $18,891.42 $13,790.74 145 470 PUMP MAINT TECHNICIAN CVEA 57 0.72 $59,665.31 $42,959.02 146 438 COMMUNITY SERVICE OFFICER CVEA 58 0.72 $45,054.89 $32,439.52 147 435 SR ADMINISTRATIVE SECRETARY CVEA 55 0.72 $62,612.12 $45,080.73 148 889 LIBRARY ASSOCIATE CVEA 53 0.63 $49,618.80 $31,259.84 149 375 DEVELOPMENT SVCS TECH II CVEA 52 0.63 $51,656.45 $32,543.56 150 258 PUMP MAINTENANCE SUPERVISOR CVEA 50 0.63 $69,921.68 $44,050.66 151 1869 OPEN SPACE INSPECTOR CVEA 63 0.73 $65,727.37 $47,980.98 152 2395 ELECTRONICS TECHNICIAN CVEA 59 0.72 $66,246.51 $47,697.49 153 170 RECREATION SUPERVISOR III CVEA 57 0.72 $66,557.24 $47,921.21 154 218 LANDSCAPE PLANNER II CVEA 59 0.72 $74,662.81 $53,757.22 155 256 SR ENGINEERING TECHNICIAN CVEA 57 0.72 $72,300.04 $52,056.03 156 2933 GARDENER II CVEA 51 0.63 $45,821.28 $28,867.41 157 1098 ASSOCIATE PLANNER CVEA 52 0.63 $74,662.81 $47,037.57 158 4059 DIR OF PLANNING 8 BLDG EXEC 50 0.63 $165,000.11 $103,950.07 159 3390 DIR OF PUBLIC WORKS EXEC 51 0.63 $165,000.16 $103,950.10 160 2160 DIRECTOR OF RECREATION EXEC 51 0.63 $159,135.06 $100,255.09 161 864 CRAG EXECUTIVE DIRECTOR EXEC 52 0.63 $125,203.00 $78,877.89 162 627 DIR OF CONSERV & ENVIR SERV EXEC 54 0.63 $127,507.45 $80,329.69 163 3744 ASST CITY MANAGER EXEC 63 0.73 $189,211.52 $138,124.41 164 442 DIR OF INFO TECH SVCS EXEC 57 0.72 $152,051.37 $109,476.99 165 521 OPS&TELECOM MGR MM 51 0.63 $95,665.58 $60,269.32 166 309 PARKS MANAGER MM 53 0.63 $84,841.18 $53,449.94 167 333 POLICE SUPPORT SERVICES MGR MM 53 O.fi3 $80,197.91 $50,524.68 168 328 PRINCIPAL RECREATION MANAGER MM 55 0.72 $86,319.46 $62,150.01 169 263 SR CIVIL ENGINEER MM 52 0.63 $104,294.07 $65,705.2fi 170 2142 EQUIPMENT MAINTENANCE MANAGER MM 61 0.73 $84,841.18 $61,934.06 171 166 PRINCIPAL RECREATION MANAGER MM 54 0.63 $86,319.46 $54,381.26 172 146 PUBLIC WORKS MANAGER MM 57 0.72 $84,841.18 $61,085.65 173 1164 INFO TECH SUPPORT MANAGER MM 51 0.63 $95,665.58 $60,269.32 174 3127 CODE ENFORCEMENT MANAGER MM 50 0.63 $103,379.28 $65,128.95 4-11 Two Years Additional Service Credit (IV) For Local Miscellaneous and Police Members 175 482 PRINCIPAL LIBRARIAN MM 51 0.63 $83,982.10 $52,908.72 178 3998 CRIME LABORATORY MANAGER MM 55 0.72 $97,898.84 $70,487.16 177 1229 RECORDS MANAGER MM 62 0.73 $73,028.26 $53,310.63 178 1289 PRINCIPAL PLANNER MM 53 0.63 $103,379.28 $65,128.95 179 997 TRANSIT MANAGER MM 50 0.63 $105,681.67 $66,579.45 180 2434 REAL PROPERTY MANAGER MMUC 52 0.63 $100,282.76 $63,178.14 181 3759 MAYOR MY fi0 0.73 $118,000.74 $86,140.54 182 653 PEACE OFFICER POA 51 0.87 $76,248.00 $66,335.76 183 288 POLICE SERGEANT POA 51 0.87 $96,580.74 $84,025.24 184 247 POLICE SERGEANT POA 50 0.87 $96,580.74 $84,025.24 185 764 PEACE OFFICER POA 51 0.87 $76,248.00 $66,335.76 186 628 PEACE OFFICER POA 55 0.82 $76,248.00 $62,523.36 187 193 POLICE SERGEANT POA 51 0.87 $96,580.74 $84,025.24 188 276 POLICE SERGEANT POA 50 0.87 $96,580.74 $84,025.24 189 662 POLICE AGENT POA 51 0.87 $83,961.40 $73,046.42 190 278 POLICE SERGEANT POA 53 0.87 $96,580.74 $84,025.24 191 631 POLICE AGENT POA 52 0.87 $83,961.40 $73,046.42 192 150 POLICE AGENT POA 50 0.87 $83,961.40 $73,046.42 193 155 POLICE AGENT POA 50 0.87 $83,961.40 $73,046.42 194 3645 PEACE OFFICER POA 51 0.87 $76,248.00 $fi6,335.76 195 249 POLICE LIEUTENANT POA 50 0.87 $115,905.71 $100,837.97 196 786 PEACE OFFICER POA 50 0.87 $76,248.00 $66,335.76 197 497 POLICE SERGEANT POA 50 0.87 $96,580.74 $84,025.24 198 169 POLICE AGENT POA 54 0.87 $83,961.40 $73,046.42 199 3289 FISCAL&MANAGEMENT ANALYST PRCF 50 0.63 $87,489.19 $55,118.19 200 2425 SR HR ANALYST PRCF 52 0.63 $79,706.65 $50,215.19 201 1860 BLDG PROJECT MANAGER PROF 53 0.63 $87,917.81 $55,388.22 202 429 INFO TECH SUPPORT SPECIALIST PROF 53 0.63 $79,062.47 $49,809.36 203 2616 ENVIRON SVCS PROG MGR PROF 55 0.72 $86,149.39 $62,027.56 204 2821 SR RISK MANAGEMENT SPECIALIST PROF 52 0.63 $79,706.65 $50,215.19 205 2910 PUBLIC INFORMATION OFFICER-PD PROF 54 0.63 $85,931.69 $54,136.96 206 957 SR PLANNER PROF 57 0.72 $86,149.40 $62,027.57 207 3178 SR PROJECT COORDINATOR PROF 55 0.72 $86,149.42 $62,027.58 208 1172 LANDSCAPE ARCHITECT PROF 55 0.72 $43,074.70 $31,013.78 209 648 SR INFO TECH SUPPORT SPEC PROF 56 0.72 $86,968.81 $62,617.54 210 1165 INFO TECH SUPPORT SPECIALIST PROF 53 0.63 $79,062.47 $49,809.36 211 1017 LANDSCAPE ARCHITECT PROF 52 0.63 $43,074.70 $27,137.06 212 3559 SR RISK MANAGEMENT SPECIALIST PROF 54 0.63 $75,911.12 $47,824.01 213 1866 INFO TECH SUPPORT SPECIALIST PROF 54 0.63 $79,062.47 $49,809.36 214 360 SR PLANNER PROF 51 0.63 $8fi,149.40 $54,274.12 215 580 DEVELOPMENT AUTOMATION SPEC PROF 50 0.63 $79,706.77 $50,215.27 216 3098 CBAG NTWRK ADMINISTRATOR II PRUC 50 0.63 $87,524.34 $55,140.33 217 472 RISK MANAGER SM 52 0.63 $110,504.40 $69,617.77 218 3763 CBAG DIRECTOR OF SD LECC SM 54 0.63 $129,242.00 $81,422.46 219 1945 DEV PLANNING MGR SM 51 0.63 $118,213.08 $74,474.24 220 2661 CRAG PROGRAM MANAGER SM 58 0.72 $106,342.02 $76,566.25 221 3859 CRAG PROGRAM MANAGER SM 61 0.73 $106,342.02 $77,629.67 222 529 TREASURY MANAGER SM 51 0.63 $110,504.4fi $69,617.81 223 1197 FISCAL OPERATIONS MANAGER SM 52 0.63 $110,504.40 $69,617.77 224 2900 ECONOMIC DEVELOPMENT OFFICER SM 51 0.63 $157,225.00 $99,051.75 225 175 POLICE CAPTAIN SMSF 52 0.87 $148,995.62 $129,626.19 226 1218 SR CIVIL ENGINEER WCE 64 0.73 $104,294.07 $76,134.67 227 134 SR CIVIL ENGINEER WCE 58 0.72 $104,294.07 $75,091.73 228 410 SR CIVIL ENGINEER WCE 56 0.72 $104,294.07 $75,091.73 229 2563 LAND SURVEYOR WCE 52 0.63 $104,294.09 $65,705.28 230 849 PLANS EXAMINER WCE 57 0.72 $90,690.57 $65,297.21 231 523 ASSOC ENGINEER WCE 56 0.72 $90,690.53 $65,297.18 232 355 ASSOC ENGINEER WCE 59 0.72 $90,690.53 $65,297.18 4-12 Two Years Additional Service Credit (IV) For Local Miscellaneous and Police Members 233 904 TRANSPORTATION ENGINEER W/CERI WCE 54 0.63 $104,294.09 $65,705.28 234 445 ASSOC ENGINEER WCE 59 0.72 $90,690.53 $65,297.18 235 1805 ASSISTANT SURVEYOR II WCE 56 0.72 $90,690.57 $65,297.21 236 1274 ASSOC ENGINEER WCE 53 0.63 $90,690.53 $57,135.03 237 349 ASSOC ENGINEER WCE fi3 0.73 $90,690.53 $66,204.09 $16,910,754.97 $11,597,321.88 Add'I Employer Contributions $11,597,321.68 Divide Additional Employer Contributions by 13.24 (20-Year Amortization Factor) $875,930.66 Divide 20-Year Amortization Amount by Annual Payroll Plan $63,459,091 1.38% 4-13 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL MISCELLANEOUS AND ALL LOCAL PUBLIC SAFETY POLICE MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) WHEREAS, in an effort to significantly reduce the fiscal year 2010 and 2011 general fund budget by reducing the number of benefited employees throughout the organization, staff is proposing that Council grant another Two Yeazs Additional Service Credit for all Local Miscellaneous and all Local Public Safety Police and provide for a limited medical incentive program for those that retire during the prescribed 90-day window period; and WHEREAS, staff is proposing Council to adopt this Resolution offering this benefit to all Local Miscellaneous and all Public Safety Police members effective July 14, 2009; and WHEREAS, on October 16, 2007, the City Council of the City of Chula Vista approved a Resolution of Intention to provide Two Yeazs Additional California Public Employees Retirement System (Ca1PERS) Service Credit for Local Miscellaneous members and Local Safety members (Police and Fire); and WHEREAS, an Emergency Ordinance was adopted on November 6, 2007; and WHEREAS, sixty-two (62) employees took advantage of this early retirement incentive; and WHEREAS, on April 22, 2008, the Council approved a second Resolution of Intention to provide the same Ca1PERS benefit to all Local Miscellaneous employees and a limited, specific list of classifications in Police and Fire management; and WHEREAS, eighteen (18) employees took advantage of the eazly retirement opportunity; and WHEREAS, on December 16, 2008, the Council approved a third Resolution of Intention to provide the same CaIPERS benefit to all Local Miscellaneous and Local Public Safety (Police) employees in all departments of the City; and WHEREAS, thirty-four (34) employees took advantage of this early retirement incentive; and WHEREAS, numerous efforts are being implemented to reduce expenditures in fiscal year 2010 and 2011; and 4-14 Resolution No.2009- Page 2 WHEREAS, it is recommended that the City offer another Two Yeazs Additional Service Credit pursuant to Government Code section 20903 for all Local Miscellaneous and Local Safety Police members, who retire during the designated period of July 15, 2009 to October 12, 2009; and WHEREAS, the City is also proposing a limited, two-tiered medical incentive program; and WHEREAS, if an employee takes advantage of the two-yeaz additional service credit, the City will pick up the cost of the health caze premium for Employee Only for two (2) calendaz yeazs; and WHEREAS, if an employee had already reached the 30-year maximum yeazs of service for safety employees and therefore cannot take advantage of the two-year additional service credit, the City will provide cost of health caze premium for Employee Only for four (4) calendar years; and WHEREAS, the City is offering a medical incentive to encourage as many employees as possible to consider retiring this fiscal yeaz in an effort to help minimize or prevent pending layoffs and to reduce personnel costs; and WHEREAS, Government Code section 20903 provides Two Yeazs Additional CaIPERS Service Credit to members who retire during a designated period; and WHEREAS, 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 an overall reduction in the workforce of the department or organizational unit; and WHEREAS, 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; and WHEREAS, staff is proposing a ninety day (90) window period from July 15, 2009 - October 12, 2009; and WHEREAS, to be eligible, the following criteria must be met: • member must have at least five yeazs of Ca1PERS 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 credit is forfeited; and 4-15 Resolution No. 2009- Page 3 WHEREAS, in addition to the Two Yeazs 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 coverage as follows: Retiring with 2 Additional Service Credit Medical Incentive for 2 calendaz years Retiring without 2 Additional Service Credit Medical Incentive for 4 calendaz years; and WHEREAS, upon retirement, employees aze required to enroll in Medicaze Part A and Part B once they become eligible. Any medical insurance premiums for any eligible dependents will be the employee's responsibility; and WHEREAS, non-benefited, unclassified hourly employees are not eligible for the medical incentive program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby grant a period for two years additional service credit pursuant to Government Code section 20903 for all Local Miscellaneous and all Local Public Safety Police members of the California Public Employees Retirement System (CaIPERS). Presented by Kelley Bacon Director of Human Resources Approved as to form by ~~ Bart C. i eld 91 ~(f( C~ City Attorney 4/ f 4-16 CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULA VISTA 7/14/09, Item S ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE MAINTENANCE AGREEMENT BETWEEN K. HOVNANIAN AT BELLA LAGO, BELLA LAGO, LLC, AND THE CITY OF CHULA VISTA FOR THE BASIN MAINTENANCE, GRADING MITIGATION, EROSION, SEDIMENTATION, AND NPDES COMPLIANCE WITH THE BELLA LAGO PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 03-03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO, LLC, AND THE CITY REGARDING MAINTENANCE OF PRNATE FACILITIES WITHIN THE PUBLIC RIGHT OF WAY. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO SUBDNISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT N0. 03-03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO, LLC. AND THE CITY. SUBMITTED BY: DEPUTY ITY MANAGER/DEVELOPMENT SERVICES DIItECT01 REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ^ NO SUMMARY K. Hovnanian would like to donate Lot "G" of Bella Lago Map No. 15339 to the U.S. Fish and Wildlife Service. In order to complete the donation, Lot °`G" must be excluded from all agreements between the City and K. Hovnanian. Title for the lot must be freed of all encumbrances by the City of Chula Vista, Bella Lago, LLC, and K. Hovnanian through Council Approval and a recorded resolution. Also, the City of Chula Vista, Bella Lago LLC, and K. Hovnanian desire to extend the term of the SIA for a period of two additional years. ENVIRONMENTAL REVIEW 5-1 7/14/09, Item '~ Page 2 of 3 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 this action involves a governmental fiscal activity utilizing previously authorized funds, which will not result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council approves the Resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Bella Lago Subdivision, located just east of Rolling Hills Ranch, north of Proctor Valley Road, is required to dedicate certain lands to the US Fish and Wildlife Service as a condition of development. The Fish and Wildlife Service require that all lands offered for dedication be free and clear of any encumbrances. Tonight's action will amend the following agreements recorded against the Bella Lago project to detach them from lot "G", the azea to be dedicated to the US Fish and Wildlife Service as preserve lands. • The Bella Lago Basin Maintenance, Grading Mitigation, and Erosion, Sedimentation and NPDES Compliance Agreement dated June 14, 2005, and recorded July 28, 2005 as document no. 2005-0640362 of Official Records of the San Diego County Recorder. This agreement sets forth the developer's obligation to maintain the project during the build out period. • The Grant of Easements, License & Maintenance Agreement dated May 10, 2006, and recorded May 10, 2006 as document no. 2006-0331345 of Official Records of the San Diego County Recorder. This agreement sets for the HOA's requirements to maintain certain azeas within the public right of way. • The Subdivision Improvement Agreement approved by Resolution 2006-108 on April 11, 2006. This agreement sets forth the developer's obligation to construct the public infrastructure associated with the project. In addition to the detachment of Lot "G", the developer has requested that the term of the Subdivision Improvement Agreement be extended for a period of two yeazs to complete the partially improved project. The completion date is June 1, 2011 under this amended agreement and will provide the developer some relief during this economic downturn. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. 5-2 7/14/09, Item S Page 3 of 3 FISCAL IMPACT There is no direct fiscal impact to the City. Costs associated with the processing of this item will be borne by the developer. Prepared 6y: Rima Thomas, Associate Engineer, Development Services Department J:\EngineerWGENDA\CAS2009\07-14-09\Council Agenda Statement for Bella Lago.doc 5-3 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE MAINTENANCE AGREEMENT BETWEEN K. HOVNANIAN AT BELLA LAGO, BELLA LAGO, LLC, AND THE CITY OF CHULA VISTA FOR THE BASIN MAINTENANCE, GRADING MITIGATION, EROSION, SEDIMENTATION, AND NPDES COMPLIANCE WITH THE BELLA LAGO PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City, Bella Lago, and Hovnanian entered into that certain Bella Lago Basin Maintenance, Grading Mitigation, and Erosion, Sedimentation and NPDES Compliance Agreement dated June 14, 2005, which was recorded July 28, 2005 as document no. 2005- 0640362 of Official Records of the San Diego County Recorder (the "Agreement"); and WHEREAS, the City, Bella Lago, and Hovnanian now desire to amend the Agreement to exclude from the legal description of the Bella Lago property and from the terms and provisions of the Agreement Lot G of Map No. 15339. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Amendment to the Basin Maintenance, Grading Mitigation, Erosion, Sedimentation, and NPDES Compliance Agreement (Bella Lago Grading) between the City of Chula Vista and K. Hovnanian at Bella Lago, and LLC, Bella Lago, LLC, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement. Presented by: Approved as to form by: '~ -, `~ ~.~ ~ 'rc~~'~~L/J Gazy Halbert, P.E., AICP 1~~?~ i e ~~ Deputy City Manager /Director of Development Services Crt~Attorney 5-4 RESOLUTION N0.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 03-03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO; LLC, AND BELLA LAGO, LLC, AND THE CITY REGARDING MAINTENANCE OF PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT OF WAY WHEREAS, the City and Hovnanian entered into that certain Grant of Easements, License & Maintenance Agreement dated May 10, 2006, which was recorded May 10, 2006 as document no. 2006-0331345 of Official Records of the San Diego County Recorder (the "Agreement"); and WHEREAS, pursuant to the Agreement, the City granted to Hovnanian easements for landscape maintenance purposes upon, over and across the HOA Maintained Public Areas in order to facilitate the obligations of Hovnanian as set forth in Supplemental Subdivision Improvement Agreement, recorded on May 10, 2006 as document no. 2006-0331343 of Official Records of the San Diego County Recorder; and WHEREAS, the City and Hovnanian now desire to amend the Agreement to exclude from the legal description of the Property and from the terms and provisions of the Agreement Lot G of Map No. 15339. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the amendment of the Grant of Easements and Maintenance Agreement for the grant of easements and maintenance for Chula Vista Tract No. 03-03, Bella Lago, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by: Approved as to form by Gary Halbert, P.E., AICP Deputy City Manager / Director of Development 5-5 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 03-03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO, LLC, AND THE CITY WHEREAS, the City Council of the City of Chula Vista approved a Tentative Map for the subdivision of land known as Bella Lago, (CVT 03-03) with Resolution 2003-143; and WHEREAS, the City Council of the City of Chula Vista approved a Final Subdivision Map and a Subdivision Improvement Agreement for Bella Lago, (CVT 03-03) with Resolution 2006-108 on April 11, 2006; and WHEREAS, the Bella Lago Subdivision Improvement Agreement ("SIA") and the associated security was for the purpose of insuring the installation of improvements and/or land development work as required by the Title 18 of the Chula Vista Municipal Code for the subdivision pursuant to the Subdivision Map Act; and WHEREAS, the SIA required Subdivider to complete all Improvement Work, as defined in the SIA, on or before the second anniversazy date of Council approval of the SIA; and, WHEREAS, Subdivider has installed some improvements for the Bella Lago subdivision, but has not completed all of the Improvement Work, and has requested that the term of the Subdivision Improvement Agreement be extended for a period of two years to complete the Improvement Work; and, WHEREAS, the City of Chula Vista is desirous of extending the term of the SIA as long as the Subdivider agrees that all improvements will be completed to the city's satisfaction by June 1, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Amendment to the Subdivision Improvement Agreement ("SIA") between the City of Chula Vista and K. Hovnanian at Bella Lago, and LLC, Bella Lago, LLC, a copy of which shall be kept on file in the office of the City Clerk. Presented by: Gary Halbert, P.E., AICP Deputy City Manager /Director of Development Sei 5-6 Approved as to form by: THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY' S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: `~li f c) -n Amendment to Bella Lago Basin Maintenance, Grading Mitigation, and Erosion, Sedimentation and NPDES Compliance Agreement Between the City of Chula Vista, Bella Lago, LLC, and K. Hovnanian at Bella Lago, LLC 5-7 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: K. HOVNANIAN AT BELLA LAGO, LLC 800 N. Haven Ave., Suite 300 Ontario, California 91764 Attention: Legal Department SPACE ABOVE THIS AMENDMENT TO BELLA LAGO BASIN MAINTENANCE, GRADING MITIGATION, AND EROSION, SEDIMENTATION AND NPDES COMPLIANCE AGREEMENT This AMENDMENT TO BELLA LAGO BASIN MAINTENANCE, GRADING MITIGATION, AND EROSION, SEDIMENTATION AND NPDES COMPLIANCE AGREEMENT (this "Amendment') is made as of this day of , 2009, by and among the CITY OF CHULA VISTA, a Califomia municipal corporation ("City"), BELLA LAGO, LLC, a Califomia limited liability company (`Bella Lago"), and K. HOVNANIAN AT BELLA LAGO, LLC, a California limited liability company ("Hovnanian") with respect to the following facts: RECITALS A. The City, Bella Lago, and Hovnanian entered into that certain Bella Lago Basin Maintenance, Grading Mitigation, and Erosion, Sedimentation and NPDES Compliance Agreement dated June 14, 2005, which was recorded 7uly 28, 2005 as document no. 2005-0640362 of Official Records of the San Diego County Recorder (the "Agreement"), all the terms and provisions of which (including all exhibits) are incorporated herein by reference. B. The City, Bella Lago, and Hovnanian now desire to amend the Agreement to exclude from the legal description of the Bella Lago property and from the terms and provisions of the Agreement Lot G of Map No. 15339. NOW, THEREFORE, in consideration of the foregoing recitals and other valuable consideration, the receipt and sufficiency of which is hereby aclmowledged, the parties hereto agree as follows: 1. Lot G. Lot G, as depicted in Chula Vista Tract No. 03-03, Map No. 15339, recorded on May 10, 2006 at File No. 2006-0331344 of Official Records of the San Diego County Recorder, is excluded and released from the terms and provisions of the Agreement and from the legal description of the Bella Lago property. 2. Defined Terms. Capitalized terms not otherwise defined in this Amendment shall have the same meaning as set forth in the Agreement. Exhibit "A" to the Agreement, which is the legal description of the Bella Lago property, is replaced with the legal description set forth on Schedule 1 attached hereto. 3. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute one and the same instnrment. DOC#36901v2 _1_ 5-8 4. All Other Terms and Provisions. Except as expressly set forth herein, al] other terms and provisions of the Agreement shall remain unamended and in full force and effect. 5. Recordine. The parties to this Amendment shall cause the Amendment to be recorded in the Official Records of the County of San Diego. 6. Authority of Signatories. Each signatory and party to this Amendment warrants and represents to the other parties that it has legal authority, capacity and direction from its principal to enter into this Amendment, and that all resolutions and other necessary actions have been taken so as to enable it to enter into this Amendment jNext page is Signature Page] DOC#36901/2 _Z_ 5-9 Amendment to BeIla Lago Basin Maintenance, Grading Mitigation, and Erosion, Sedimentation and NPDES Compliance Agreement IN WITNESS WHEREOF, the parties to this Amendment have entered into this Amendment as of the day and year first above written. "BEi.i.A LAGD" BELLA LAGO, LLC, a California limited liability company By: BELLAGIO CAPITAL, INC., a California corporation, its grog Memb r By: /I Timothy W' son, Presi ent "CIT'Y" CITY OF CHULA VISTA, a municipal corporation By: Cheryl Cox, Mayor Attest: By: Donna Norris, City Clerk Approved as to form: By: Bart Miesfeld, City Attorney "HOVNANIAN" R. Hovnanian at Bella Lago, LC a California limited liabili om ny By: Name: ~ C(~ Its: iS 10 DOC#36901v2 -3- 5-10 SCHEDULEI LEGAL DESCRIPTION OF BELLA LAGO PROPERTY Lots I through 139, inclusive, and Lots A, B, C, D, E and F of Chula Vista Tract No. 03-03 Bella Lago, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15339, filed in the Office of the County Recorder of the San Diego County, May 10, 2006. DOC#36901v2 ~_ 5-11 State of California County of ~I,it.~t-PiS o On ~iz.tk. ~- ~ 2C~ L`~ ,before me, i4ib~l~ ~. ~VF,t-ff~ q;r~ (~o{Z~ l~u,~ It c (insert name d title of the officer) Notary Public, personally appeazed ~ ima-Ff.~'1 '~ , l s o-h ,who proved to me on the basis of satisfactory evidence to be the petson($j whose name( is/aFe subscribed to the within instrument, and acknowledged to me that he/s executed the same in his/herltheir authorized capacity(ies), and that by his/herkheir signature(s) on the instrument the person{,sj, or the entity upon behalf of which the person(~j 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. Notary Public MOON R WATERBURY Commisslon s 17B93BJ Notary Publlc - CaIlPOrnla son Dlogo county ~~ MyCarrm.EgynesFab2~,2012 (seal) State of California County of ~~MCI \(l0 On (IUf1C2. ~1, ?~X1q ,before me, M[1n_ ~m~Q.'`QZ,.I ~V~ ~'~~1C . insert name and title of th officer) Notary Public, personally appeared ~~m ~Qi'C'la ,who proved to me on the basis of satisfactory evidence to be the person( whose name(, is/sre-subscribed to the within instrument, and acknowledged to me that he/s§ekhey executed the same in his/herftheir authorized capacity(i and that by his,4ierftl:eir signature~'j on the instrument the person,(., or the entity upon behalf o which the person( 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. No tblic DOC#36901v2 _5_ 5-12 ynnnnm mmmxxunxiMONICA TELL~El mixx~u= __ COMM. #1801103 i Notary Public - California o a San Elernardino Ccunty t~Comm. Expires Jun. 10, 2012 i~umx x ,wxrmiNtx oxnrxrxixnwxx~ (seal) THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: C~~1 Amendment to Grant of Easements, License and Maintenance Agreement For Chula Vista Tract No. 03-03 Bella Lago Between the City of Chula Vista, and K. Hovnanian at Bella Lago, LLC 5-13 ..~~y n~~~~~~~y RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: K. HOVNANIAN AT BELLA LAGO, LLC 800 N. Haven Ave., Suite 300 Ontario, California 91764 Attention: Legal Department AMENDMENT TO GRANT OF EASEMENTS. LICENSE & MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 03-03 BELLA LAGO This AMENDMENT TO GRANT OF EASEMENTS, LICENSE & MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 03-03 BELLA LAGO (this "Amendment") is made as of this day of 2009, by and between the CITY OF CHULA VISTA, a California municipal corporation ("City") and K. HOVNANIAN AT BELLA LAGO, LLC, a California limited liability company ("Hovnanian"), with respect to the following facts: RECITALS A. The City and Hovnanian entered into that certain Grant of Easements, License & Maintenance Agreement dated May 10, 2006, which was recorded May 10, 2006 as document no. 2006-0331345 of Official Records of the San Diego County Recorder (the "Agreement"), all the terms and provisions of which (including all exhibits) aze incorporated herein by reference. B. Pursuant to the Agreement, the City granted to Hovnanian easements for landscape maintenance purposes upon, over and across the HOA Maintained Public Areas in order to facilitate the obligations of Hovnanian as set forth in Supplemental Subdivision Improvement Agreement, recorded on May 10, 2006 as document no. 2006-0331343 of Official Records of the San Diego County Recorder, all terms and provisions of which (including all exhibits) aze incorporated herein by reference. E. The City and Hovnanian now desire to amend the Agreement to exclude from the legal description of the Property and from the terms and provisions of the Agreement Lot G of Map No. 15339. NOW, THEREFORE, in consideration of the foregoing recitals and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Lot G. Lot G, as depicted in Chula Vista Tract No. 03-03, Map No. 15339, recorded on May 10, 2006 at File No. 2006-0331344 of Official Records of the San Diego County Recorder, is excluded and released from the terms and provisions of the Agreement and from the legal description of the Property. 2. Defined Terms. Capitalized terms not otherwise defined in this Amendment shall have the same meaning as set forth in the Agreement. Exhibit "A" to the Agreement, which is the legal description of the Property, is replaced with the legal description set forth on Schedule 1 attached hereto. 3. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. DOCH36902v2 _1_ 5-14 4. All Other Terms and Provisions. Except as expressly set forth herein, a]] other terms and provisions of the Agreement shall remain unamended and in full farce and effect. 5. Recordine. The parties to this Amendment shall cause the Amendment to be recorded in the Official Records of the County of San Diego. 6. Authority of Sienatories. Each signatory and party to this Amendment warrants and represents to the other parties that it has legal authority, capacity and direction from its principal to enter into this Amendment, and that all resolutions and other necessary actions have been taken so as to enable it to enter into this Amendment. [Next page is Signature Page] DOCM3690Zv2 _2_ 5-15 Amendment to Grant of Easements, License & Maintenance Agreement IN WITNESS WHEREOF, the parties to this Amendment have entered into this Amendment as of the day and yeaz fast above written. "CITY" CITY OF CHULA VISTA, a municipal corporation By: Cheryl Cox, Mayor Attest: By: Donna Norris, City Clerk Approved as to form: By: Bart Miesfeld, City Attorney "HOVNANIAN" K. Hovnanian at Bella Lago, L a California limited liability c pa By: Name: Jim Pe vision P ident K. H an Co ~es of California, Inc. Its: Au rized Age DOC#36902v2 -3- 5-16 SCHEDULE 1 LEGAL DESCRIPTION Lots 1 through 139, inclusive, and Lots A, B, C, D, E and F of Chula Vista Tract No. 03-03 Bella Lago, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15339, filed in the Office of the County Recorder of the San Diego County, May 10, 2006. DOCk36902v2 ~_ 5-17 State of Califomia County of SGN B¢rYtAYL'(~''1C~ On }'}~LrV1 20, 200`1 ,before me, l5l ' "`~ ~~ ' I (insert name and title of the officer) Notary Public, personally appeared c1t P ,who proved to me on the basis of satisfactory evidence to be the per og(s3-tvhose name subscribed to the within instrument, and acknowledged to me that~Cfthey-executed the same in r authorized capacityFi~}, and that by air signa[ure(~ on the instrument the person , or the entity upon behalf of which the personf~afacted, executed the mstrument. I certify under PENALTY OF PER.IURY under the laws of the State of California that the foregoing paragraph is true and correct. WI m hand and official seal. Notary Public CATHtE 2HOU Commission # 18191163 Notary Pu01ic -California z San BernardMa County M Comm. ras lka 21, 2012 r (seal) DOC#36902v2 -$- 5-18 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL .~ ~ ~/- l~ ~~ ~ f ~ ~ ^ / C. i sfel<l'f --_~ ~ ` \ ity Attorney Dated: Amendment to Subdivision Improvement Agreement By and Between the City of Chula Vista, K. Hovnanian at Bella Lago, LLC, and Bella Lago, LLC 5-19 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT THIS "AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT" (the "Amendment"), is made and entered into this day of , 2009, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City," K. Hovnanian at Bella Lago, LLC, a California Limited Liability Company, ("K. Hovnanian") and Bella Lago LLC, a California Limited Liability Company, ("Bella Lago") (K. Hovnanian and Bella Lago may be refesed to collectively in this Agreement as, "Subdivider"). This Amendment shall amend the "Subdivision Improvement Agreement," dated April 26, 2006, by and between the City, K. Hovnanian and Bella Lago (collectively, the "Parties"), with respect to the subdivision of land known as "Bella Lago." This Amendment is entered into with reference to the following Recitals, which Recitals constitute a part of this Amendment: RECITALS: WHEREAS, the City Council of the City of Chula Vista approved a Tentative Map for the subdivision of land known as Bella Lago, (CVT 03-03) with Resolution 2003-143; and, WHEREAS, the City Council of the City of Chula Vista approved a Final Subdivision Map and a Subdivision Improvement Agreement for Bella Lago, (CVT 03-03) with Resolution 2006-108 on April 11, 2006; and, WHEREAS, the Bella Lago Subdivision Improvement Agreement ("SIA") and the associated security was for the purpose of insuring the installation of improvements and/or land development work as required by the Title 18 of the Chula Vista Municipal Code for the subdivision pursuant to the Subdivision Map Act; and, WHEREAS, the SIA required Subdivider to complete all Improvement Work, as -1- 5-20 defined in the SIA, on or before the second anniversary date of Council approval of the SIA; and, WHEREAS, Subdivider has installed some improvements for the Bella Lago subdivision, but has not completed all of the Improvement Work, and has requested that the term of the Subdivision Improvement Agreement be extended for a period of two years to complete the Improvement Work; and, WHEREAS, the City of Chula Vista is desirous of extending the term of the SIA as long as the Subdivider agrees that all improvements will be completed to the city's satisfaction by June 1, 2011; and, WHEREAS, complete plans and specifications for the construction, installation and completion of said improvement work have been prepared and submitted to the City Engineer, as shown on Drawing Sets 04-100, inclusive on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said improvements according to said plans and specifications has been submitted and approved by the City in the amount of FOUR MILLIONS, NINETY FIVE THOUSANDS, THREE HUNDREDS AND FORTY TWO, AND NO CENTS ($4,095,342.00); and WHEREAS, Subdivider previously famished and delivered to the City the following bonds: (i) Bond for Faithful Performance; (ii) Bond for Material and Labor; and (iii) Survey Monument Installation Bond, attached as Exhibits A, B, and C, respectively, to the SIA, (collectively, the "Bonds"); and WHEREAS, the Parties intend the Bonds to remain in full force and effect and, by their terms, the Bonds remain in full force and effect and are not altered by this Amendment. NOW, THEREFORE, THE CITY, BELLA LAGO AND K. HOVNANIAN MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: 1. EXTENSION OF TIME TO COMPLETE IMPROVEMENT WORK. Numbered paragraph 3. of the SIA is amended to read as follows: " 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before June 1, 2011 (the "Completion Date"). The City Council may extend the Completion Date for a maximum of rivo additional yeazs, if the City Council determines that extending the time to complete the Improvement Work will not be detrimental to the public welfaze." 2. ALL OTHER PROVISIONS OF SIA REMAIN IN EFFECT. Except as specifically provided in this Amendment, the Bella Lago Subdivision Improvement Agreement and the Bonds remain in full force and effect. DOC#37390v1 -2_ 5-21 3. GENERAL PROVISIONS 3.1 Incorporation of Recitals. The Recitals of fact preceding this Amendment are true and correct and aze incorporated into this Amendment, in their entirety, by this reference. 3.2 Recordation. The City may record this Amendment in the Office of the County Recorder of San Diego County, California. 3.3 Notices. Demands and Communications Between the Parties. 3.3.1 Notices. Any and all notices submitted by any Party to any other Party pursuant to or as required by this Amendment shall be proper, if in writing and transmitted to the address of the Party set forth in Section 3.3.2 by one or more of the following methods: (a) messenger far immediate personal delivery; (b) a nationally recognized ovemight (one business day) delivery service (i.e., Federal Express, United Pazcel Service, etc.); or (c) registered or certified United States mail, postage prepaid, return receipt requested. Such notices may be sent in the same manner to such other addresses as either Party may designate, from time to time, by notice. Any notice shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is delivered by personal delivery, on the date of delivery by a nationally recognized ovemight courier service (or when delivery has been attempted twice, as evidenced by the written report of the courier service) or four (4) calendar days after it is deposited with the United States Postal Service for delivery, as provided in this Section 3.3. Rejection, other refusal to accept, the inability to deliver a notice because of a changed address of which no notice was given, or other action by a person to whom notice is sent, shall be deemed receipt of the notice by such person. Delivery of a notice to any courtesy copy recipient shall not be a prerequisite to the validity or effectiveness of any Notice. 3.3.2 Addresses. The following are the authorized addresses for the submission of notices to the Parties, as of the Effective Date: To the City: City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 To the Bella Lago: Attn: Tim Wilson Bella Lago, LLC 5566 Valerio Trail San Diego, CA 92130 Telecopier No.: 858-259-8962 Phone:858-259-8922 To K. Hovnanian: Attn: Chief Legal Officer 800 N. Haven Ave., Suite 300 Ontario, CA 91764 Telecopier Nc.: 909-944-7123 Phone:909-942-5888 DOCR37390v1 _3_ 5-22 3.4 Interpretation. No inference in favor of or against any Party shall be drawn from the fact that such Party has drafted any part of this Amendment. The Parties have all participated substantially in the negotiation, drafting, and revision of this Amendment, with advice from legal and other counsel and advisers of their own selection. 3.5 Govemine Law. The laws of the State of California shall govern the interpretation and enforcement of this Amendment, without application of conflicts of laws principles. The Parties acknowledge and agree that this Amendment is entered into, is to be fully performed in and relates to real property located in the City of Chula Vista, County of San Diego, State of California. All legal actions arising from this Amendment shall be filed in the Superior Court of the State in and for the County or in the United States District Court with jurisdiction in the County. 3.6 Binding_on Successors and Assiens. This Amendment shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. 3.7 No Other Renresentations or Warranties. Except as expressly set forth in this Amendment, no Pariy makes any representation or warranty material to this Amendment to any other Party. 3.8 Execution in Counteroarts. This Amendment may be executed in multiple counterpart originals, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. [Signatures blocks appear on the next page.] DOC#37390v1 _4_ 5-23 SIGNATURE PAGE ONE OF TWO AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT BELLA LAGO (CVT 03-03) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Cheryl Cox Mayor ATTEST: Donna Norris City Clerk Approved as to form by: Bart Miesfeld City Attorney DOCN37390v1 _5_ 5-24 SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMENT AGREEMENT BELLA LAGO (CVT 03-03) DEVELOPERS/OWNERS: K. Hovnanian at Bella Lago, LLC, a California limited liability company By: K. Hovnanian Compan~gs of alifomia, Inc., a Califomia comora n By: Jim DOCk37390v1 Bella Lago, LLC, a Califomia limited liability company By: Bellagio Capital, Inc., a California corporation By: Wilson, President -6- 5-25 SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMEI~IT AGREEMENT BELLA LAGO (CVT 03-03) DEVELOPERS/OWNERS, K. Hovnanian at Bella Lago, LLC, a California limited liability company By: K. Hovnanian Companies of California, Inc., a California corporation By: Jim Perry, Authorized Agent DOC#3739Qv1 Bella Lago, LLC, a California limited liability company By: Bellagio Capital, Inc., a California c oratio By: G~ a--- Tim Wilson, esident -5- 5-26 State of California County of Sab~~~2~c On H,inx~r ~, ,g~~c ,before me, heaz,~ /1. ~,~1~ 1'u~~J.7o+n.:-u /~u.t,l~c (insert name and title of the o cer~Fi Notary Public, personally appeazed ~'; n~,•,~1-Eu,i ~ ; ~ 5 t51~ wbo proved to me on the basis of satisfactory evidence to b the person( whose nameO is/axe subscribed to the within instrument, and aclmowledged to me that he/slae~h~y executed the same in his/her/t~keir authorized capacity(ies), and that by hi~~a%i~,.on- signature{.s'j on the instrument the person(s'j, or the entity upon behalf of which the person(~j acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tree and correct. WITNESS my hand and official seal. Notary Public MOON R. WAYERWRY CommbNOn # 77i9tSiJ Notary thole - Co111orMC Eau Ohpo County MrCOmnBiiothbZ$7D1Z (seal) State of California County of On before me, (insert name and title of the officer) Notary Public, personally appeazed who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze subscribed to the within instrument, and aclmowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 PERNRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public (seal) DOC#37390v1 _'~_ 5-27 State of Califomia County of San $er~nArz~irip On ~A U ~~ ZAd °J ,before me, C.~'~ ~ ~ ~ ~ (insert name and title of the officer) Notary Public, personally appeazed ~ rri ~QSit~1 who proved to me on the basis of satisfactory evidence to be e person whose nom s 'fart subscribed to the within instrument, and acknowled ed to me that ~e $laek~ey- executed the same in weir authorized capacity(i~, and that by is signature(~j on the instrument the person~a'f or the entity upon behalf of which the person( acted, executed the ' strument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI and official seal. CATNIE ZNOU Commisslon ~ 161J063 Notary puDlio • Callfarma San Bsmaralno Countg Comm. kaa 0 1 Notary Public (seal) State of Califomia County of On ,before me, (insert name and title of the officer) Notary Public, personally appeazed ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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 PER7URY under the laws of the State of California that the foregoing paragraph is tree and correct. WITNESS my hand and official seal. Notary Public (seal) DOC#37390v1 _7- 5-28 7/14/09, Item to ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT N0.92-02A, ROLLING HILLS RANCH, SUBAREA III, NEIGHBORHOOD I OB RESTATEMENT AND ASSIGNMENT AGREEMENT BY MCMILLIN ROLLING HILLS RANCH, LLC AND K. HOVNANIAN AT BELLA LAGO, LLC. SUBMITTED BY: DEPUTY CITY MANAGER/DEVELOPMENT SERVICES DIRECTO~' REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ^ NO SUMMARY On December 6, 2006, Hovnanian purchased Neighborhood 10 B from McMillin. Hovnanian is providing the City with replacement security to secure the construction of certain improvements required by the City as conditions of project approval. 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 this action involves a governmental fiscal activity utilizing previously authorized funds, which will not result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council approves the Resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On September 13, 2005, McMillin entered into Subdivision Improvement Agreement ("SIA") for the Rolling Hills Ranch Neighborhood lOB, wherein it is provided that McMillin will install and 6-1 7/14/09, Item Page 2 of 2 complete at McMillin's own expense and at no cost to City the improvements required by City in connection with the project. On December 6, 2006, Hovnanian purchased the Property from McMillin. Hovnanian is providing the City with replacement bonds listed in Exhibit "A" to secure certain commitments made by McMillin to the City for the Property. Staff recommends approval of the Agreement. The City Attorney has reviewed and approved the proposed Agreement as to form. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT There will be no direct fiscal impact to the City. Costs associated with the processing of this item will be borne by the developer. Exhibits: Prepared by: Rimn Thomas, Associate Engineer, Development Services Department J:\Engineer\AGENDA\CAS20097-14-09\Council Agenda Statement far McMillin.doc 6-2 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT N0. 92-02A, ROLLING HILLS RANCH, SUBAREA III, NEIGHBORHOOD lOB RESTATEMENT AND ASSIGNMENT AGREEMENT BY MCMILLIN ROLLING HILLS RANCH, LLC AND K. HOVNANIAN AT BELLA LAGO, LLC WHEREAS, on September 13, 2005, McMillin entered into Subdivision Improvement Agreement ("SIA") for Rolling Hills Ranch Neighborhood 10 (the "Property"), which provided that McMillin would install and complete at McMillin's own expense and at no cost to City the improvements required by City in connection with the Project; and WHEREAS, on December 6, 2006, Hovnanian purchased the Property from McMillin and has agreed to replace the bonds required under the SIA; and WHEREAS, Hovnanian is willing to enter into the Restatement and Assignment Agreement by and Between the City of Chula Vista, McMillin Rolling Hills Ranch, LLC and K. Hovnanian at Bella Lago, LLC which provides that Hovnanian will replace the bonds previously posted by McMillin and will assume all of the duties and obligations of McMillin secured by the bonds pursuant to the SIA NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Chula Vista Tract No. 92-092A, Rolling Hills Ranch, Subarea III, Restatement and Assignment Agreement by and Between the City of Chula Vista, McMillin Rolling Hills Ranch, LLC and K. Hovnanian at Bella Lago, LLC, relating to Neighborhood l OB. Presented by: Gary Halbert, P.E., AICP Deputy City Manager /Development Services Director 6-3 Approved as to form by: THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: Restatement and Assignment Agreement By and Between the City of Chula Vista, McMillin Rolling Hills Ranch, LLC And K. Hovnanian at Bella Lago, LLC 6-4 Recording Requested by and When Recorded Return to: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use Only File #RH-2421 N-lOB RESTATEMENT AND ASSIGNbIENT AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, MCMILLIN ROLLING HILLS RANCH, LLC AND K HOVNANIAN AT BELLA LAGO, LLC THIS RESTATEMENT AND ASSIGNMEN'T' AGREEMENT ("Agreement") is made this day of 20~ by and between the CITY OF CHULA VISTA, A MTJNICIPAL CORPORATION ("City"), MCMII,LIN ROLLING HILLS RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("McMillin") and K. HOVNANLSN AT BELLA LAGO, LLC, A CALIFORNIA LIMITED LIABILITY ("Hovnanian"), with reference to the facts set forth below, which recitals constitute a part of this Agreement. A. WHEREAS, this Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of a project commonly lmown as Rolling Hills Ranch Neighborhood l OB. For purposes of this Agreement the term "Project" shall mean "Property", and; B. WHEREAS, on September 13, 2005, McMillin entered into Subdivision Improvement Agreement ("SIA") for the Project, wherein it is provided that McMillin will install and complete at McMillin's own expense and at no cost to City the improvements required by City in connection with the Project, and; C. WHEREAS, on December 6, 2006, Hovnanian purchased said Property from McMillin. Furthermore, concurrent herewith Hovnanian is providing the City with replacement bonds for those bonds listed in Exhibit "B" to secure certain commitments made by McMillin pursuant thereto to the City for the Property, and; D. WHEREAS, Hovnanian is willing to enter into this Agreement wherein it is provided that Hovnanian will maintain, at Hovnanian's own expense and at no cost to City the improvements secured by the bonds listed in Exhibit "B". NOW THEREFORE BE TT RESOLVED that the parties agree as follows: 1. Assignment. McMillin hereby assigns and Hovnanian hereby accepts and agrees to such assignment of all duties, obligations, and provisions made by McMillin in the SIA that are secured by the bonds listed in Exhibit "B", all of which remain in full force and effect, including all indemnifications set DOC#36951 v2 _ 1 6-5 Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood lOB forth therein. 2. Release. The bonds attached hereto as Exhibit "C" provided by Hovnanian shall replace those bonds posted by McMillin for the Project, as described in Exhibit "B", and the bonds posted by McMillin shall be released by the City as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 3. Agreement Applicable to Subsequent Owners. 3.a. Agreement is Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 3.b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") touches and concerns the Property and shall be binding upon, and run with, the ownership of the Property for which it burdens. The Burden is for the benefit of the Property and the City, its successors and assigns, including any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose Favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 4. Time of Performance. It is expressly understood and agreed that Hovnanian will cause all necessary materials to be famished and all improvements completed pursuant to the provisions of the SIA as described on Exhibit "B" hereto on or before the second anniversary date of this Agreement. 5. Indemnity. Hovnanian understands and agrees that City, as indemnitee, or any officer, agent, or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Hovnanian, its agents, employees, successors, or assigns pursuant to their performance under the SIA. 6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 7. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 9. Recording. City shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within 30 days after this Agreement has been fully executed by the parties. 10. Miscellaneous Provisions. 10a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices DOC#36951v2 _2_ 6_6 Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood l OB required or permitted by this Agreement or by law to be served on or delivered to any party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other parties. CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Atha: City Engineer McMILLIN ROLLING HII.LS RANCH, LLC 2750 Womble Road San Diego, CA 92106 Attn: Denny Cuccazese and Tom Tomlinson K. HOVNANL4N AT BELLA LAGO, LLC 800 N. Haven Ave., Suite 300 Ontario, CA 91764 Attn: Legal Department A party may change such address for the purpose of this paragraph by giving written notice of such change to the other parties in the manner provided in this paragraph. lOb. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. lOc. Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof and any and all prior or contemporaneous oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. lOd. Recitals; Exlubits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 10e. Compliance with Laws. In the performance of its obligations under this Agreement, McMillin, Hovnanian and all their agents, and employees shall comply with any and all applicable federal, state, and local laws, regulations, ordinances, policies, permits, and approvals. lOf. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. lOg. Modification. This Agreement may not be modified, terminated, or rescinded, in ooca3e~s~~z _3_ 6-7 Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood l OB whole or in part, except by written instrument duly executed and aclmowledged by the parties hereto, their successors, or assigns and duly recorded in the Official Records of the San Diego County Recorder's Office. l Oh. Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to person or circtunstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition shall be valid and be enforced to the fullest extent permitted by law. 11. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepazed and/or drafted this Ageement. It shall be conclusively presumed that both parties participated equally in the prepazation and/or drafting of this Agreement. Attachments: Exhibit"A"-Legal Descriptions Exhibit "B" -Descriptions of Bonds Exhibit "C" -Copies of Replacement Bonds DOC#36951 v2 _4_ 6-8 Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood IOB FIIZST OF TWO SIGNATURE PAGES TO ASSIGNMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA City Manager Attest: Donna Norris, Interim City Clerk Approved as to form: Bart Miesfeld, City Attorney DOC#36951 v2 _5_ 6-9 Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood lOB SECOND OF TWO SIGNATURE PAGES TO ASSIGNMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year fast hereinabove set forth. MCMILLIN ROLLING HILLS RANCH, LLC a Delawaze Limited Liability Company By: McMillin Management Services, LP a California limited partnership Its: Manager By: Corky McMillin Construction Services, Inc. a California corporation Its: General P ~~ Q Its: ,I/~a~cti P.reSlO~'•,A By:/~( 1.P~i Its: "~E ~~tDE~--~ i~ K. HOVNANIAN AT BELLA LAGO, LLC a California Limited Liability Company By: K. Hovnanian Companies of California, Inc. a California corpora$on By: _ Name: Its: DOC#36961v2 _(_ 6-10 Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood l OB SECOND OF TWO SIGNATURE PAGES TO ASSIGNMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth MCMILLIN ROLLING HII,LS RANCH, LLC a Delaware Lirnited Liability Comparry By: McMillin Management Services, LP a California limited partrtership Its: Manager By: Corky McMillin Conslrudion Services, Inc. a California corporation Its: General Pattrier By: Its: By: Its: K. HOVNANIAN AT BELLA LAGO, LLC a California Limited Liability Company By: K. Hovnanian Com anies f California, Inc. a California core do By: Name: !' P Its: Di ' on Preside DOC#3695IvZ -(7- 6-11 Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood I OB State of California County of ~`1 ~ LQ ~}1~ On ~CU,{ ~ ~, .~~ ,before me, ~n n YYl . , ,tom,-~P,,~,~~rc Notary Public, personally appeazed TCtn ~(' j (insert name an ti of e officer) 1 Qm OWISQYI -E- ~ I(JC, ~_P ~P .who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Faze subscribed to the within instrument, and acknowledged to me that •ke/sfiefthey executed the same in his/her/their authorized capacity(ies), and that by •kis<ker/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 PERNRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANN M.fUTO ~~``-~~~ Commission #~ 1832730 Notary Publle •Califomia ~ San Diego County M Camm. Expires Jan 23, 2073 j Notary Public (seal) State of Califomia County of On before me, (insert name and title of the officer) Notary Public, personally appeazed who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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. Notary Public (seal) DOC#36951v2 -7- 6-12 Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood lOB State of Califomia County of On ,before me, (insert name and title of the officer) Notary Public, personally appeared .who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze subscribed to the within instnument, and aclozowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/then 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. Notary Public (seal) State of Califomia County of ~h ~tr/farrJi/la On J~ 700 ~7 ,before me, (~NfR ~~~ / ~~~ % / y"~~C (insert name and title o the officer) xieier~ i?~~"_,.~~^, personally appeazed - Jr/1~ ,~,(~ /~ ,who proved to me on the basis of satisfactory evidence to be the erson whose name subscribed to the within instrument, and aclmowledged to me that ~i /executed the same in t elr authorized capacityfies), and that by~/hen4heir signatures) on the instrument the person(,' or the entity upon behalf of which the personfs)'acted, executed the instnmment. I certify under PENALTY OF PERNRY under the laws of the State of California that the foregoing paragraph is true and correct. ]]]]~ww~..WW~~~~~~ WI SS d official seal. CATHIE ZHOU Commission of 1819083 Notary Puolic • Califarnla San 8ernarttino County '- Nhr Comm. Expires Oct 21, 2012 Notary Public (seal) DOCX36951v2 -~]- 6-13 Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood l OB F.XFTTRTT "A" LEGAL DESCRIPTION OF NEIGHBORHOOD lOB PARCEL A: LOTS 1 THROUGH 16 OF CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS SUBAREA III, NEIGHBORHOOD lOB, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGQ STATE OF CALIFORNLA, ACCORDING TO MAP THEREOF NO. 15116, FII.ED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 19, 2005. PARCEL B: LOTS "K" AND "O" OF CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS SUBAREA III "A" MAP, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14756, FII,ED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 24, 2004. DOC#36951 v2 _$_ 6-14 Restatement And Assignment Agreement Rolling Hills Ranch, Neighborhood lOB Exhibit "R" Agreement Existing McMillin Bonds Hovnanian Replacement Bonds Subdivision Improvement Agreement - Faithful Performance Faithful Performance Neighborhood lOB, dated September 13, $87,500.00 $87,500.00 2005. Recorded as document number #2169625 #~~~~ 2005-0808830 on September 19, 2005. City Resolution. Material and Labor Material and Labor $87,500.00 #2169625 $87,500.00 # S 0321 ~I y DOC#36951v2 _9_ 6-15 ~• ~XH6BI~' FileNo.: ~NZYZl Bond No.: 5032144 Premium:,Included in BOND FOR MATERIAL AND LABOR (T'o Be Used Prior To Approval of Subdivision Improvement Agreement) WHEREAS, the City Counci] of the City of Chula Vista, County of San Diego, State of California, and R: Hovnanian at Bella Lago, LLC (hereinafter "Principal") desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements For• the project known as Subdivision Improvements -Nei hborhood 10B` •and (Lots 1- & 0 of Chula Vista Tract No. 92-02A, Map 15116 WHEREAS, Principal desires to commence construction of said public improvements prior tc approval of said Agreement by the City Council of the City of Chula Vista; and, WHEREAS, the City f Chula Vista County of San Diego, State of California, has issued tc Principal Conshvction Permit No. (hereinafter referred to as "Permit") for the,,,public improvement work as set forth in more detail on City of Chula Vista Drawing Nos. (~4(~~y.thi•ough Q t~O I ~l _ 0 6 ,regarding construction of said public improvements, which Permit is hereby refered to and made apart hereof; and, WHEREAS, under the terms of said Permit, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Thle 15 (commencing with Section 3082), Put 4, Division 3, of the Civil Code ~' the State of California and will be required to maintain such bond pursuaat to the Agreeement NOW THEREFORE, said Principal and Bond Safeguard Insurance Ca a~ po~ation of the State of Illinois • (hereinafter "Surety"), are held and firmly bound unto the City of Chula V>sta, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and all contractors, subcontractors, laborers, materialmen and other persons employed im the performance of the aforesaid Permit and referred to in the afare~ai~„ ,Cgdq of Civil Procedure in the sum of Eighty Seven Thousand Five Hundred 'all X7,500 nn ), lawful money of the United States, for materials famished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and alsc in case suit is brought upon this bond, will pay, in addiflon tc the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred b7' City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be Taxed as costs and tc be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082), Par[ 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the terms, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which i9 incorporated herein and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, as to installation and complefiom of said public Improvements both prior to and subsequent to City approval of the Agreement and in all respects according to 6-16 their true intent and meaning, and shall indemnify and save hazmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of tlme, alteration or addition to the terms of the Permit or the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Permit or the Agreement or to the work or to the specifications. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, and including reasonable attorney's fees, incurred by CiTy in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. In addition to the acts bonded for pursuant to the Permit incorporated above and all terms, conditions and provisions of the Agreement, the fallowing acts and performances are additionally subject to the terms of this bond: 1N WITNESS WHEREOF, this insewnent has been duly executed by the Principal and Surety above named, on May 14 , Zp 09 Bond Safeguard Insurance Company R. Hovnanian at Bella Lago, LLC N Princi al (Applicant) Name o/f Surety Company '/ .j unis~L;'-Ce- !5~ Christine Marotta, Attorney-in-Fact B K n ni-n L'rm~'oira¢s ~% ~~~'n~Ezxl919 S. Highland Ave, Bldg A, Suite 300 ~ Address of Surety Company 5032144 Lombard, IL 60148 Bond/Policy No. City State Zip Code ABOVE-SIGNATORIES MUST BE NOTARIZED APPROVED AS TO FORM: City Attamey T:1Enginee>\LANDDEV1Fotms -Officiat\BandslBond Material & LeBor Prior to SIA.doc 6-17 AC&VOWLEDCMENTOFSURETY STATE OF ILLINOIS COUNTY OF COOK On ~~ ~ 4 2U~9 before me, a Notary Public in and for the above county, personally appeared Christine Mazotta to me personally Imown, who, being by me duly sworn, did state that he/she is Attorney-in-Fact of Bond Safeguazd Insurance Company, a corporation organized and existing under the laws of the State of Illinois that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was sued, sealed, and executed in behalf of said corporation by authority of its Boazd of Directors, and further acloaowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and yeaz fast above written. OFFICIAL SEAL NICOLE KUBENA NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires 07/15/2012 (SEAL) ~~,~ Plll ~~~ Notary Public COOK. Caunty. ILLINOIS 6-18 POWER OF ATTORNEY BOND SAFEGUARD INSURANCE COMPANY ~®~ld Sa~~guard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEG~A RD INS~~ggANCE ~OMP,op~Y, n Illin#p~~~~~p~~t,j,~~y'l~h~,~~ principal office in Lombard, Illinois, does hereby constitute and appoint: Chrtstme Mazotta, ebra Koh~rnan ############################################################M############################## its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bands, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may he affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. .~'oiasuq_ ~o 3 ^~ a ~ IWNpb ; IN3UHANCE [~A Lwnwn F e By ///~~(`:~ David E. Campbell President AO X7953 ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. wlaureen K. Aye /I tary Public U CERTIFICATE "OFFICIAL SEAL" MAUREEN K AYE Notary Public, State of Illinois My Commission Expires 09/21/09 I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois thi~1°'.~ ~ ~` 2~D'Day of ,so uuu a~ AN C IWNpa MSURANCE 9 mwwmn F e 6-19 20 Donald D. Buchanan Secretary STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On ~t!''^~~; ~ , 200 ~% ,before me, Cathie Zhou, a Notary Public, personally appeazed Joseph M. Manisco, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. [Civil Code § 1189] CATHIE ZHOU Commission ! 1619063 ~~ Notary Pu01ic -California San Bernardino County AA Comm. E area Oct 21 012 + 6-20 v ~XY-19131 File No.:~y ~.~ BON73 ~`aR FAITHFUL PERFORMANCE BondNo.:5032144 (To Be UsedPlithRestatementofSubdivisionImprovementAgreement) Premium:$1.313.00/2 Years WHEREAS, th 11$ ~f Chul~~ista, County of San Diego, State of California, and R. Hovnanian at ~e ago, (hereinafter "Principal") have entered into a Restatement of a Subdivision Improvement Agreement (hereinafter refereed to as "Agreement") whereby Principal agrees to install and complete cet4ain designated public improvements, which said Agreement, dated , 20 ,and identified as project Subdivision Improvements -Neighborhood lOB (Lots 1-6, R&Q is hereby referred to apart hereof; and, o£ Chula Vista Tract No. 92-02A, Map 15116) WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement. NOW THEREFORE, we, the Principal and Bond Safeguard Insurance Company a corporation of the State of Illinois ,(hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damages by breach of the con~~iq~~0 hereof, in the penal sum of Eighty Seven Thousand Five Hundred and {{ , ($ 87.500.00 - )> lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their hue intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specifed therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfiilly enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. 6-21 In addition to the acts bonded for pursuant to the Agreement incorporated above, the following acts and performances are additionally subject to the terms of this bond: IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 14 , 2p 09 R. Hovnanian at Bella Lago, LLC Name Principal (Applicant) By ham. ~~P ~~ ' iCe~~~ ' vtrn .'n ar1~ ~ n~o,2nc.~ Bond Safeguard Insurance Company Name of Surety Company By ~~1,~~.~~ o~ Christine Marotta, Attorney-in-Fact By 1919 S. Highland Ave. Bldg A, Sdite 300 Address of Surety Company 5032144 Lombard, IL 60148 Bond/Policy No. City State Zip G'ode ABOVESIGNATORIES MUST BE NOTARIZED APPROVED AS TO FORM: City Attorney J1Enginee~iLANDDEV1Forms-Of5cial~HondslBond Faith Perf with SIA-Restatement.doc 6-22 AC%NOA'LEDGMENTOFSURETY STATE OF II,LINOIS COUNTY OF COOK ~{ 1 ~ 2009 On before me, a Notary Public in and for the above county, personally appeazed Christine Mazotta to me personally Imown, who, being by me duly sworn, did state that be/she is Attorney-in-Fact of Bond Safes azd Insurance Company, a corporation organized and existing under the laws of the State of Illinois that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Boazd of Directors, and further aclmowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and yeaz first above written. OFFICIAL SEAL NICOLE KUBENA NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires 07/15/2012 Notary Public (SEAL) COOK Counri ILLINOIS 6-23 POWER OP ATTORNEY AO 57952 ~~~~ ~C~~~~~L~~~ INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEG~ARD INSURANCE 0 Pp~yY n Illin~~s*C~~r~p,~~~t~o~i*v~i~f~~~ principal office in Lombard, Illinois, does hereby constitute and appoint: `~~tme Mazotta, ~ebra Kohlman r~t<rr*~+s~r~rrt<r*+*s*r-r*r*ra#*r~a*«~*t**+t<*sr*^~s+*t<****r*r++-r*.***r~~a*r*arr-e**ra+*+*r*+ its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all honds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative oT the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any band or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to 6e affixed this 7th day of November, 2001. oorti0'"s"' BOND SAFEGUARD INSURANCE COMPANY IN ~~ C IWNgS }ii CpANNY 2 ~~~,~~ BY ' David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duty sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL. SEAL" MA-I2EEA' K AYE aureen K. Aye Notary Public, State of -]inois otary Public My Commission Ezpires 09/ZI/09 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as Set forth are now in force. PRAT 1 ~ ?fl09 Signed and Sealed at Lombard, Illinois this Day of , 20 o~' t~~„ A" ~~ ~ ~ ii ~cw,~ `ir ~ Donald D. Buchanan Secretary "WARNING: Any person who knowingly and with intent to defraud ~l,y ~s~rrance company or other person, files an application for insurance ~- ..a.~........a ..~ .a..:....~~~~:..1 .......... .....r...i.,16, bten 1nln.mMln.. ... rnnne.al~. M. ~6u ... •........ .d w,lalmdinn Inlnema}inn MnnOminn anV }AEL STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On <Ji-1~2t- c~ , 200 a7, before me, Cathie Zhou, a Notary Public, personally appeazed Joseph M. Manisco, who proved to me on the basis of safisfactory evidence to be the person whose name is subscribed to the within instrument and aclmowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrtment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing pazagraph is true and correct. WITNESS my hand and official [Civil Code § 1189] CATHIE 2HOU "` Commi9sian # 1919067 .. ~ Natary Puoiic • Calitarnia San Bernardino County My Comm. Ex Tres Oct 21, 2012+ 6-25 CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULA VISTA J[TLY 14, 2009, Item 7 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $36,088 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID FUNDS TO THE FY 2009/2010 BUDGET OF THE POLICE DEPARTMENT. SUBMITTED BY: CHIEF OF POLIO REVIEWED BY: CITY MANAG ~ ~ ~G 4/STHS VOTE: YES ~X NO SUMMARY The Chula Vista Police Department (CVPD) has recently received notice of a grant award in the amount of $36,088 from the Department of Alcoholic Beverage Control (ABC). This one-year project will tazget ABC licensees that continually fail to comply with ABC and city regulations, particularly those that allow minors access to alcohol and serve alcohol to intoxicated patrons. The Police Department Special Investigations Unit will conduct ABC enforcement strategies and provide training and resources for officers, businesses, and the public. The objective of this program is to proactively tazget ABC problem locations based on intelligence gathered by surveillance, CVPD and county data sources, and community partners. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable 7-1 JULY 14, 2009, Item ~ Page 2 of 2 DISCUSSION The Department has been awazded $36,088 from the Department of Alcoholic Beverage Control (ABC) for FY 2009/2010. The Department will proactively target ABC problem establishments based on intelligence gathered by the Special Investigations Unit (SIU) and ABC operations, community partners, and data from calls for service and reports. Using this intelligence, CVPD will concentrate resources on those establishments that consistently violate ABC laws and license conditions (particularly those that sell alcohol to minors). Grant funds will be used to implement a combination of ABC enforcement strategies and coordinate training for both ABC licensees and patrol officers. In addition to tazgeting problem establishments, SIU will coordinate LEAD (Licensee Education on Alcohol and Drugs) courses, conduct trainings and briefmgs for sworn personnel regarding ABC law and enforcement activity, and organize media announcements of ABC grant activity and impacts in the community. The Department will use grant funds for overtime to combat areas with high crime and violent and disorder calls associated with ABC licensed establishments. To accomplish the goal of tazgeting chronic problem establishments and those that operate in violation of their license, CVPD will use amulti-agency approach to conduct enforcement operations, train licensees and sworn personnel, and involve the community with media releases and public input. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of $36,088 to the FY 2009/2010 budget of the Police Department. The funding from the Department of Alcoholic Beverage Control will completely offset these costs, resulting in no net impact to the General Fund. ONGOING FISCAL IMPACT This is a one-year grant and approval of this resolution will not have an ongoing fiscal impact. ATTACHMENTS None Prepared by: Kristen Miggans, Public Safety Analyst, Police Deparhnent 7-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $36,088 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID FUNDS TO THE FY 2009/2010 BUDGET OF THE POLICE DEPARTMENT WHEREAS, the Police Department has recently received notice of a grant award in the amount of $36,088 from the Department of Alcoholic Beverage Control (hereafrer referred to as "ABC"); and WHEREAS, this one-year project will target ABC licensees that continually fail to comply with ABC and city regulations, particularly those that allow minors access to alcohol and serve alcohol to intoxicated patrons. The Police Department Special Investigations Unit will conduct ABC enforcement strategies and provide training and resources for officers, businesses, and the public; and WHEREAS, the Police Department has been awarded grant funds by ABC for fiscal years 2003/2004 and 2006/2007, and has a history of success working with ABC and other law enforcement agencies at the local and state levels; and WHEREAS, the fiscal year 2009/2010 Police budget will be amended to add $32,688 for overtime costs, $400 for operating expenses, $500 for equipment, and $2,500 for mandatory conference travel; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Accepts $36,088 from the Department of Alcoholic Beverage Control. 2. Amends the FY 2009/2010 Police budget by appropriating $32,688 for overtime costs, $400 for operating expenses, $500 for equipment, and $2,500 for mandatory conference travel. Presented by: Richard P. Emerson Police Chief Approved as to form by: C_ ~ Bart Miesfeld ;~ 4P~`'/ City Attorney 7-3 CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULA VISTA 7/14/09, Item r ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FY 09 EASTLAKE PARKWAY, EAST NAPLES STREET, MELROSE AVENUE OVERLAY (STL335C/STM366)" PROJECT TO SUPERIOR READY MIX CONTRACTING AND PAVING AND AUTHORIZING THE EXPENDIT OF ALL AVAILABLE FUNDS IN THE PROJECT SUBMITTED BY: DIIZECTOR OF PUBLIC WORKS REVIEWED BY: CITY MANAGE ASSISTANT CIT AGER S'T 4/STHS VOTE: YES ^ NO SUMMARY On June 29, 2009, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program FY 09 Eastlake Parkway, East Naples Street, Melrose Avenue Overlay (STL335C)" project. This project consists of the roadway rehabilitation of the above-mentioned streets through the application of an Asphalt Concrete (AC) Overlay. The proposed action would award the contract to Superior Ready Mix Contracting and Paving and authorize the Director of Public Works to expend all available funds in order to maximize the amount of roadway pavement to be overlaid. 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 1(c) categorical exemption pursuant to Section 15301, Existing Facilities, of the State CEQA Guidelines. Thus, no fizrther environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 8-1 7/14/09, Item~_ Page 2 of 4 DISCUSSION Under the American Recovery and Reinvestment Act (ARRA) of 2009, administered by the Federal Government, a portion of the overall funding was allotted to highway infrastructure improvements and maintenance. A percentage of the State of California's shaze was distributed through regional planning agencies, such as the San Diego Association of Governments (SANDAG); SANDAG, in turn, set aside and distributed 40% of the monies to local agencies. In order to avoid having to implement federal requirements on local projects and to simplify and expedite the use and expenditure of ARRA funds to achieve economic stimulus, SANDAG chose to use all received ARRA funds on a few lazge regional projects already subject to federal requirements and to reallocate previously-appropriated TransNet funds in those projects to local agencies. The City of Chula Vista has been approved to receive $3.36 million of these reallocated TransNet funds (TransNet ARRA) for use on highway infrastructure projects within the city. The funds received may only be used on projects and programs previously approved under the Regional Transportation Program (RTIP); Chula Vista's RTIP was amended by the City Council in May 2009. The pavement rehabilitation project and contract, which aze the subject of tonight's proposed action, will be fully funded using these TransNet ARRA funds. This project was advertised as Project STL335C, but, as of the beginning of FY 2009-10, is now referred to as Project STM366 - "Pavement Rehabilitation for Federal Highways" in order to properly account for this newly realized and unique funding source. The FY09 CIP Budget includes a program to rehabilitate and preserve deteriorating pavement throughout the city. The Public Works Departrnent, through the Pavement Management System, developed a priority list of streets to be included in the program. The goal of the program is to extend the serviceability of the streets through the removal and replacement of deteriorated sections of streets (dig-outs) and the subsequent application of various types of surface treatments, including asphalt concrete overlays, chip seals, and REAS sealcoats. The proposed AC Overlay project also includes: reconstruction of various concrete improvements (curbs, gutters, sidewalk panels, cross-gutters, and pedestrian ramps); application of herbicide (weed removal); striping and pavement markings; traffic control; and, other miscellaneous work and all labor, material, equipment, and transportation necessary to successfully complete the project. Attachments 1, 2 & 3 show the limits of work for the AC Overlay, as bid. On June 29, 2009, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program FY 09 -Eastlake Pazkway, East Naples Street, Melrose Avenue Overlay (STL335C/STM366)" project. The following bids were received: CONTRACTOR BID AMOUNT ~, 1. Superior Ready Mix Contracting and Paving -San Diego, CA $1,487,470.00 2. TC Construction-Santee, CA $1,583,749.00 3. Daley Corporation -San Diego, CA $1,596,564.10 8-2 7/14/09, Item Page 3 of 4 4. Koch Armstrong General Engineering, Inc. -Lakeside, CA $1,657,657.00 5. ABC Construction Company -San Diego, CA $1,666,681.00 6. Frank and Son Paving Company -Chula Vista, CA $ 1,675,061.00 7. Hazard Construction Company -San Diego, CA $ 1,698,888.00 8. Southland Paving Incorporated -Escondido, CA $ 1,712,667.00 9. JD Paving Incorporated - San Mazcos, CA $ 1,969,301.80 10. M J C Construction -Bonita, CA $ 2,113,965.00 The low bid submitted by Superior Ready Mix Contracting and Paving of San Diego, CA is below the Engineer's estimate of $2,500,000 by $1,012,530 (40.5% below the Engineer's estimate); much of this difference can be attributed to a high degree of competition currently within the construction mazket and a significant decrease in asphalt and concrete prices chazged by the contractors. Design staff has verified the references provided by the contractor and has determined that the contractor has performed satisfactorily for those references. Superior Ready Mix Contracting and Paving has also satisfactorily completed past projects for the City. The Contractor's License No. 626277 is current and active. The bids received for this project are significantly lower than anticipated, which allows for a sizeable contingency amount available to overlay additional street segments. Based upon staffls analysis of past bids for similar work, staff elected to limit the scope of work along Melrose Avenue to only include the segment between Telegraph Canyon Road and East Palomar Street. In order to expend the full amount of TransNet ARRA funds and to rehabilitate additional street segments, staff proposes to expand the scope of work along Melrose Avenue (via change order) to inchide the portions of the roadway south of East Palomar Street that require timely repair, as determined by the City's Pavement Management System. The proposed action would authorize the Director of Public Works to expend all available funds in order to maximize the amount of roadway pavement to be overlaid. Disclosure Statement Attachment 4 is a copy of the Contractor's Disclosure Statement. Wage Statement The source of funding for this project is TransNet. Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets or similaz facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and 18705.2(b)(1). 8-3 7/14/09, Item Page 4 of 4 FISCAL IMPACT As referenced in the Adopted FY 2009-10 CIP Program and as explained above, the City will receive $3.36 million in local, reallocated TransNet funds resulting from the exchange of Federal ARRA funds for local TransNet funds through SANDAG; although these funds are purely local TransNet funds, they aze being referred to as TransNet ARRA funds for tracking purposes. Of the $3.36 million in TransNet ARRA funds received, $2.61 million was budgeted under STM366 for Pavement Rehabilitation. This project will utilize the TransNet ARRA funds for expenditure as proposed in this item. Staff time and expenditures captured in STL335C will be recovered from STM366. Thus, there is no impact to the General Fund as there are sufficient TransNet ARRA funds in STM366 to complete this project. A breakdown of the projects costs aze as follows: FUNDS REQUIRED FOR CONSTRUCTION A. ContractAmount $1 ,487,470 B. Contingencies (Approx. 45%) $ 670,530 C. Staff Time & Testing Costs 1. Construction Inspection $ 175,000 2. Design/Constnzction Management $ 105,000 3. Survey $ 60,000 4. Planning/Environmental/Traffic/Public Works $ 27,000 5. Soil & Material Testing $ 85,000 TOTAL FUNDS REQUIIED FOR CONSTRUCTION $2,610,000 Sufficient funds are available in the STM366 project account to complete construction. ON-GOING FISCAL IMPACT: Upon completion of the project, the improvements will require only routine City street maintenance. ATTACHMENTS 1. Eastlake Pazkway Project Plat 2. East Naples Street Project Plat 3. Melrose Avenue Project Plat 4. Contractor's Disclosure Statement Prepared by: Patrick Moneda, Associate Engineer, Public Works Department J:\EngineerWGENDA\CAS2009\07-14-09\STL335C Al l3 Pavement Overlay ARRA.doc> 8-4 //\) ,ss ~ ~'y J°' O -v vma ~n+~ cvmx 4 N ~ ~ [mryARQ}Y PRIIX DV 10 ~11 1213 '~O+ ny ~ 14 16 ~,,r, ~ 9~ ATTACHMENT PE D RAM P LOCATIONS - EA STLAK PCRKWAV 1) SWC @ Otny Lnkes Rd -CCVCS 25) 2) SEC @ Otay Lakes Rd - SCVCS 25) 3> NWC @ Vons Shp Ctr Dw -CCVCS 27B) 4) SWC @ Vons Shp Ctr Dw -CCVCS 27B) 5) NEC @ Greensgnte Dr -CCVCS 25) 6) SWC @ Greensgate Dr -CCVCS 25) 7) SEC @ Greensgnte Dr -CCVCS 25) B) NWC @ Conr~unlty Park Dw - (RETROFIT) 9) SWC @ Cor~r~unlty Park Dw -CCVCS 27B) 10) NWC @ Clubhouse Dr -CCVCS 25) 11) NEC @ Clubhouse Dr - CCVCS 25) 12) SWC @ Clubhouse Dr -CCVCS 25) 13) SEC @ Clubhouse Dr - CCVCS 25) 14) NWC @ High School Dw CS> -CCVCS 25) 15) SWC @ Hlgh School Dw CS) -CCVCS 25) 16) NEC @ Naznrene Church Dw -CCVCS 27H) 17) SEC @ Nnznrene Church Dw -CCVCS 27B> 18) NWC @ Trinidad Cove - (RETROFIT) 19) SWC @ Trlnldnd Cove - (RETROFIT) 20) SEC @ Trlnldnd Cove - (RETROFIT) ® PEDESTRIAN RAMP LOCATION - 2' PAVEMENT OVERLAY AREA W/ PAVEMENT REINFORCEMENT MAT PROJECT FILE #STL335C 03-02-09 nrLE• - CITY OF (HULA VISTA EASTLAKE PW ~''~VEMENT REHAB ATl-ACNnn~rrr z ~? o`EANDeR A C AV .A A V ` AV NEP ruNe DR r ti F J C~ ti O S n ~~ ti ti Ali A ~ ,Rey ~~ AV AV ED RAMP LOCATIONS 1) NWC @ MELR[]SE AV - CCVCS 27A) 2) NEC @ MELR[)SE AV -CCVCS 25) 3) SWC @ MELROSE AV - (C VCS 27A) 4) SEC @ MELROSE AV - CCVCS 27A) 5) NWC @ MONTEREY AV - CCVCS 25) 6) NEC @ MONTEREY AV - CCVCS 25) V 7) SWC @ MONTEREY AV - CCVCS 27A> 8) SEC @ M[NTEREY AV -CCVCS 27A) 9) SWC @ NOLAN AV -CCVCS 27A) 10) SEC @ NOLAN AV -CCVCS 27A) il) NWC @ NEPTUNE DR - CCVCS 25) 12) NEC @ NEPTUNE DR - CCVCS 25) 13) SWC @ NEPTUNE DR - CCVCS 25) 14) SWC @ VIA TRIESTE - CCVCS 27A) 15) SEC @ VIA TRIESTE - CCVCS 27A) 16) NWC @ NACIDN AV - CCVCS 25> 17) NEC @ NACIDN AV -CCVCS 25) 18) SWC @ NACIDN AV - CCVCS 27A) 19) SEC @ NACIDN AV - CCVCS 25) 20) NWC @ OSAGE AV - CCVCS 25) 21) NEC @ OSAGE AV -CCVCS 25) 22) SWC @ OSAGE AV - (RETROFIT) 23) SEC @ OSAGE AV - CCVCS 25) 24) SWC @ OCALA AV - CCVCS 25) 25) SEC @ OCALA AV -CCVCS 25) 26) SWC @ OASIS AV - CCVCS 25) 27) SEC @ OASIS AV -CCVCS 25) 28) NWC @ FOXBORO AV -CCVCS 25) 29) SWC @ FOXBORO AV - CCVCS 25) 30) SEC @ F[7XH[1RG AV - CCVCS 25) SPANDERAL & CR~SSGUTTER REPLACEMENT A) NS @ MELROSE AV B) NS @ NACIDN AV C) NEC CSPANDERAL ONLY) @ OSAGE AV D) SS @ [](ALA AV E) SS @ OASIS AV ® PEDESTRIAN RAMP LOCATION FULL WIDTH 4' PAVEMENT GRIND 4' PAVEMENT OVERLAY AREA PROJECT F/LE ~STL335C 0.5-~7-29 NEDA I CITY OF C~iI~LA VISTA PArR1CK MONED~ Fr z ~ E NAPLES ST `~XIVEMENT REHAB APPRO QDo Y v ^ ^ 3 cN c ry.~~acnrr 3 TE1-E CAMP RD e O3 / `, CAMLAU DR /J~ S %1 . o N EAST L STS r © ' 0 NOVA WY -' `-~~`-E MASS ST ~INKOPAH ST r- JAMUL AV ~ MONTCLAIR ST E NAPLES S l_ CHERYL PL '••, r E CXFCRD ST E pLYMPIA ST V L E pNEIDA ST 1> NWC @ TELE CANY RD - CCVCS 25) 2) SWC @ TELE CANY RD - CCVCS 25) 3) SEC @ TELE CANY RD - CCVCS 25) 4) NWC @ CAMLAU DR - CCVCS 28) 5) SWC @ CAMLAU DR - CCVCS 28) 6) NWC @ EAST L ST - CCVCS 2~ 7) NEC @ EAST L ST - (CVCS 25) W SWC @ EAST L ST - (CVCS 25) 9) SEC @ EAST L ST - CCVCS 25) 10) NEC @ NOVA WY - CCVCS 25> 11) SEC @ NOVA WY - CCVCS 25) 12) NWC @ E MOSS ST - CCVCS 25) 13) NEC @ E MOSS ST - (CVCS 25) 14) SWC @ E MOSS ST - CCVCS 25) 15) SEC @ E MOSS ST - (CVCS 25) 16) NWC @ INKOPAH ST - CCVCS 25) 17) NEC @ INKOPAH ST - CCVCS 25) IB) SWC @ INKOPAH ST - CCVCS 27) 19> SEC @ INKOPAH ST - CCVCS 27) 20) NWC @ JAMUL AV - CCVCS 25) 21> SWC @ JAMUL AV - (CVCS 25> 22) NWC @ MONTCLAIR ST - (CVCS 25) 23) NEC @ MONTCLAIR ST - (CVCS 25) 24) SEC @ MONTCLAIR ST - (CVCS 27) 25) NWC @ E NAPLES ST - LISTED IN PLAT 2 26) NEC @ E NAPLES ST - LISTED IN PLAT 2 27) SWC @ E NAPLES ST - LISTED IN PLAT 2 28) SEC @ E NAPLES ST - LISTED IN PLAT 2 29) NWC @ CHERYL PL - CCVCS 27) 30) NEC @ CHERYL PL - CCVCS 27) 31) SEC @ CHERYL PL - (CVCS 27) 32) NWC @ E OXFORD ST - CCVCS 25) 33) NEC @ E OXFORD ST - CCVCS 25) 34) SWC @ E OXFORD ST - (CVCS 25) 35) SEC @ E OXFORD ST - (CVCS 25) 36> NWC @ E OLYMPIA ST - (CVCS 25) 37) SWC @ E OLYMPIA ST - (CVCS 25) 3B) NWC @ E ONEIDA ST - CCVCS 25) 39) NEC @ E ONEIDA ST - (CVCS 25) 40) SWC @ E ONEIDA ST - CCVCS 25) 41) SEC @ E ONEIDA ST - (CVCS 25) 42) NWC @ E ORLANDO ST - (CVCS 25) 43) SWC @ E ORLANDO ST - (CVCS 25) 44) NWC @ E PALOMAR ST - (CVCS 25) 45> NEC @ E PALOMAR ST - CCVCS 25) A) SS @ TELEGRAPH CANYON RD B) SS @ EAST L ST C) ES @ MONTCLAIR ST vE pRLANDp ST ® PEDESTRIAN RAMP LOCATION l 2' PAVEMENT OVERLAY AREA =' E PALCMAR s~ ~ 2' PAVEMENT OVERLAY AREA W/ PAVEMENT REINFORCEMENT MAT PROJECT FILE #STZ335C DRAWN BY.• A)ZE.• PREPARED BY.• PATRICK MONEDA CITY OF CF~.U1~A VISTA PA 7R/CK MONEDA DATE.• SHEET 3 MELROSE AV R EMENT REHAB APPRO DSO ~ „~.,,, 04-21-0.9 OF.i SHTC ATTACHMENT `T City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-O1, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed List the names of all persons having a fmancial interest is the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. stone 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partaership) entity. N/a 3. If any person* identified pursuant to (1) above is anon-profit organization or trust, list the names of any person serving as dvector of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/~4 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. N/A 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No~_ 17 J:\General Services~Daign\fill Projects\STL\ST'I.335\ARRA\Eastlake, E Naples, Melrose~STL335C Contract Bid Specs (pcm).doc a_8 If Yes, briefly describe the nature of the financial interest the official** may have in this contract 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes _ ]f yes, which Council member? Have you provided more thaw $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No if Yes, which official* * and what was the nature of item provided? Date: r/ ~L ~(- Signature of Contractor/Applicant SRM ~on'hr4c{irt9 ¢ Pavia Print or type name of Contractor/Applicant Person is defined as: any individual, fu~m, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a boazd, commission, or committee of the City, employee, or staffmembers. 18 J:\Genezal Services\DesignWll Projects\STL\STT.335\ARRA\Eastlake, E Naples, Melrose\S1'L335C -Contract Bid Specs (pcm).doc - 8-9 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FY 09 EASTLAKE PARKWAY, EAST NAPLES STREET, MELROSE AVENUE OVERLAY (STL335C/STM366)" PROJECT TO SUPERIOR READY MIX CONTRACTING AND PAVING AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT WHEREAS, City staff prepared specifications for the "Pavement Rehabilitation Program FY09 -Eastlake Pazkway, East Naples Street, Melrose Avenue Overlay - (STL335C/STM366))" and advertised the project on June 11, 2009; and WHEREAS, on June 29, 2009, the Director of Public Works received ten (10) sealed bids for the project as follows: CONTRACTOR BID AMOUNT 1. Superior Ready Mix Contracting and Paving -San Diego, CA $1,487,470.00 2. TC Construction -Santee, CA $1,583,749.00 3. Daley Corporation- San Diego, CA $1,596,564.10 4. Koch Armstrong General Engineering, Inc. -Lakeside, CA $1,657,657.00 5. ABC Construction Company -San Diego, CA $1,666,681.00 6. Frank and Son Paving Company -Chula Vista, CA $ 1,675,061.00 7. Hazard Construction Company -San Diego, CA $ 1,698,888.00 ' 8. Southland Paving Incorporated -Escondido, CA $ 1,712,667.00 9. JD Paving Incorporated -San Marcos, CA $ 1,969,301.80 10. M J C Construction -Bonita, CA $ 2,113,965.00 WHEREAS, the low bid by Superior Ready Mix Contracting and Paving -San Diego, CA is below the Engineer's estimate of $2,500,000.00 by $1,012,530.00 or 40.5%. Staff has verified the references provided by the contractor and the contractor has performed previous work for the City of Chula Vista and their work has been satisfactory; and WHEREAS, beginning FY09/10, STL335C will now be considered STM366 -Pavement Rehabilitation for Federal Highways; and WHEREAS, the City Council authorizes the Director of Public Works Operations authority to approve change orders as necessary up to the total funding available. 8-10 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award contract for the "Pavement Rehabilitation Program FY 09 Eastlake Pazkway, East Naples Street, Melrose Avenue Overlay (STL-335C/STM366)" Project to Superior Ready Mix Contracting and Paving in the amount of $1,487,470.00, and authorize the expenditure of all available funds in the project. Presented by Richazd A. Hopkins Director of Public Works 8-11 CITY COUNCIL AGENDA STATEMENT ~~~~~ c1TVOF '"~` CHULA VISTA 7/14/09, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FY 07/08 TYPE II RUBBERIZED'. EMULSION AGGREGATE SLURRY (REAS) (STL335E)" PROJECT TO PAVEMENT COATINGS COMPANY IN THE AMOUNT OF $548,439, AUTHORIZING AN INTER-PROJECT TRANSFER IN THE AMOUNT OF $200,000 FROM THE "PAVEMENT REHAB PROGRAM, FY 06/07 (STL340) TO STL335, AND AUTHORIZING THE EXPENDI OF ALL AVAILABLE FUNDS IN THE PROJECT SUBMITTED BY: DIRECTOR OF PUBLIC WORKS REVIEWED BY: CITY MANAGE ASSISTANT CITY NAGER 4/STHS VOTE: YES ® NO ^ SUMMARY On June 10, 2009, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program FY07/08 Type II Rubberized Emulsion Aggregate Slurry (REAS) (STL335E)" project. This_ project consists of the application of Rubberized Emulsion Aggregate Slurry (REAS) seal coat to various streets in the City, in which removal and replacement of failed asphalt concrete pavement (dig-outs) was performed by another contractor (Frank & Sons, Inc. of Chula Vista), under a separate contract. The proposed action would award the REAS contract to Pavement Coatings Company and authorize the Director of Public Works to expend all available funds to maximize the number of streets in which this type of pavement maintenance work would be performed. The additional streets to receive the REAS surface treatment would be selected from a list of streets in which additional dig-outs have been completed by Frank & Sons, Inc. at the time REAS work commences. 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 1(c) categorical exemption pursuant to Section 15301, Existing Facilities, of the State CEQA Guidelines. Thus, no further environmental review is necessary. 9-1 7/14/09, Item Page 2 of 3 RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The FY07/08 CIP Budget includes a program to rehabilitate and preserve deteriorating pavement throughout the city. The Public Works Department, through the Pavement Management System, developed a priority list of streets to be included in the program. The goal of the program is to extend the serviceability of the streets through the removal and replacement of deteriorated sections of streets (dig-outs) and the subsequent application of various types of surface treatments, including asphalt concrete overlays, chip seals, and REAS sealcoats. This project will also include the application of herbicide (weed removal), striping and pavement markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessazy to successfully complete the project. Attachment 1 shows a primary list of streets to receive the REAS surface treatment. On June 10, 2009, the Director of Public Works received two (2) bids for the "Pavement Rehabilitation Program FY07/08 Type II Rubberized Emulsion Aggregate Slurry (REAS) (STL335E)" project. The following bids were received: CONTRACTOR BID AMOUNT 1. Pavement Coatings Co. -Cypress, CA $548,439.00 2. American Asphalt South, Inc.- Fontana, CA $556,070.00 The low bid submitted by Pavement Coatings Co. of Cypress, CA is below the Engineer's estimate of $662,378 by $113,939 (17.2% below the Engineer's estimate); much of this difference can be attributed to high degree of competition currently within the construction market. Design staff has verified the references provided by the contractor and has found their work to be satisfactory. Pavement Coatings Co. has also satisfactorily completed past projects for the City. The Contractor's License No. 303609 is current and active. If approved, the proposed resolution would also (1) authorize that additional streets selected from a list of streets in which dig-outs have been completed by Frank & Sons, Inc. receive the REAS surface treatment, and (2) increase the Director of Public Works' cumulative change order authority specified in City Council Policy No. 574-O1 and authorize the Director of Public Works to expend all available funds in the project without further City Council action in order to complete as many streets as possible. Disclosure Statement Attachment 2 is a copy of the Contractor's Disclosure Statement. Wage Statement The source of funding for this project is TransNet. Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. 9-2 7/14/09, Item Page 3 of 3 Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets or similar facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and 18705.2(b)(1). FISCAL IMPACT There is no impact to the General Fund as there aze sufficient funds necessary to complete the project. FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $548,439 B. Contingencies (Approx. 25%) $136,561 C. Staff Time & Testing Costs 1. Construction Inspection (Approx. 8%) $ 55,000 2. Design/Construction Management (Approx. 5%) $ 35,000 3. Planning/Environmental/Traffic/Public Works (Approx. 1.5%) $ 10,000 4. Soil & Material Testing (Approx. 3.5%) $ 25,000 TOTAL FUNDS REQUIItED FOR CONSTRUCTION $810,000 A. STL335 (TransNet) $610,000 B. Inter-Project Transfer from STL340 (TransNet) $200,000 ~~ TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $810,000 Sufficient TransNet funds will be available in the STL335 project account to complete the work upon the inter-project transfer of TransNet funds from the STL340 project accormt. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City street maintenance. ATTACHMENTS 1. List of streets included in project 2. Contractor's Disclosure Statement Prepared by: Roberto Juan, Associate Engineer, Public Works Department M:\Engineer\P.GENDA\CAS2009\07-14-09\STL335E AI33 (Final) Pavement Rehab (REAS).doc 9-3 p,TTAC;-{MINT ~ PAVEMENT REHABILITATION PROGRAM FY07/08 (STL335) # STREET LOCATION BEGIN END LENGTH (FT) WIDTH (FT) C-DS (SF) AREA (SF) REAS PAVEMENT REHAB STL335E PHASE 1 -LEFT OVER FR OM STL340D. PHASE 2 -NORTH OF L S TREET WEST OF 1$05 14 ALPINE AV N ALPINE~IINOT AV 5 ALPINE-MINOT AV 980.00 33.00 32,340.00 15 ALPINE AV NALPINE-MINOT AV SALPINE-MINOT AV 1,175.00 33.00 38,775.00 18 CASITA$CT FIRST AV CDS 403.00 27.00 10,881.00 17 CLAIRE AV E H ST E WHITNEY ST 693.00 38.00 28,334.00 18 COLORADO AV J ST K ST 7,321.00 33.00 43,593.00 19 DST CORTE MARIA AV HILLTOP DR Bfi2.00 27.00 77,874.00 20 DST FIRST AV CORTE MARIA AV 782.00 27.00 20,571.00 21 DATE AV I ST CDS 332.00 33.00 10,956.00 22 DAVIDSON ST DEL MAR AV SECOND AV 662.00 35.00 23,170.00 23 DEL MAR AV J ST KEARNEV ST 658.00 27.00 17,786.00 24 FIG AV DAVIDSON ST END OF STREET 321.00 43.00 13,803.00 25 FIG AV EST DAVIDSON ST 883.00 36.00 23,868.00 26 E FLOWER ST BONITA ST HILLTOP DR 1,560.00 37.00 57,720.00 27 GUAVA AV NCDS HALSEY S7 427.00 33.00 14,091.00 26 GUAVA AV HALSEV ST SCDS 453.00 27.00 12,231.00 29 JEFFERSON AV SIERRA WY L ST 676.00 33.00 22,308.00 30 KIMBALL TE WCDS THIRD AV Sfi1.00 27.00 15,147.00 37 LANDI$ AV EST DAVIDSON ST fi74.00 37.00 24,938.00 32 MURRHI'-ST $E69N8d~V 6DS fi09.00 33.00 0.00 33 OAKLAWN AV KST LST 1,328.00 34.00 45,084.00 34 OTIS ST SMITH AVE FIFTH AV 678.00 34.00 23,052.00 35 EAST PARK LN DAVIDSDN ST F ST 660.00 21.00 13,880.00 36 SEA VALE ST DEL MAR AV SECOND AVE 660.00 40.00 26,400.00 37 SIERRA WY FOURTH AV E CDS 623.00 33.00 20,559.00 555,324.00 PHASE 3 -SOUTH OF L STREET WEST OF 1-805 44 ALPINE AV NAPLES ST EMERSON ST 6fi0.00 22.00 14,520.00 45 ANITA ST 413' E/0 FRONTAGE RD INDUSTRIAL BL 413.00 21.00 6,673.00 46 BISHOP 5T FIRST AV TOBIAS DR 861.00 33.00 21,873.00 47 OEL MONTE AV ZENITH ST MAIN ST 381.00 34.00 12,954.00 48 EMERSON ST WCDS FOURTH AV 373.00 34.00 12,682.00 49 FAIVRE ST W. CDS JACOUA ST 582.00 22.00 12,804.00 53 GENTRY WY TOBIAS DR E CDS 405.00 27.00 70,935.00 54 HELIX AV E NAPLES ST E EMERSON ST fi70.00 33.00 22,110.00 55 HELIX WV E RIENSTRA ST RIVERA PL 262.00 33.00 6,fi46.00 56 JOSSELYN AV E OXFORD ST E ONEIDA ST 587.00 33.00 19,371.00 57 LEANNA ST HELIX AV E CDS 565.00 33.00 16,645.00 58 MADISON AV K 5T SIERRA WY 652.00 33.00 21,516.00 59 OAK CT WCDS NACION AV 785.00 33.00 6,105.00 fi0 PEARLWOOD ST SPRUCE ST MOUNTAIN VIEW LN 549.00 33.00 16,117.00 61 PEARLWOOD ST MOUNTAIN VIEW LN NACION AV 275.00 33.00 9,075.00 fit PROSPECT CT TOBIAS OR N COS 491.00 33.00 16,203.00 83 DDINTARD ST SECOND AV FIRST AV 1318.00 47.00 61,946.00 64 OUINTARO ST FIRST AV TOBIAS DR 662.00 38.00 25,156.00 65 RIGS AV OTAV VALLEY RD SEND 880.00 27.00 23,220.00 68 STELLA ST BAY BL FRONTAGE RD W 530.00 32.00 16,960.00 67 SYCAMORE DR LOTUS DR ORANGE DR 177.00 30.00 5,310.00 fib TOBIAS DR GENTRY WY ORLANDO CT 478.00 36.00 17,208.00 89 ZENITH ST FOURTH AV FRESNO AV 722.00 38.00 27 436.00 70 EMERSON ST HILLTOP DR WCDS 370.00 33.00 2,600.00 15,010.00 71 VISTA WV NAPLES ST EMERSON ST 600.00 33.00 19,800.00 446 215.00 ATTACHMENTI 9-4 PAVEMENT REHABILITATION PROGRAM FY07/08 (STL335) # STREET LOCATION LENGTH FT WIDTH FT C-D-S SF AREA SF BEGIN END ) ( ( ) ) ( ( ) PHASE 4 -SOUTH OF TEL EGRAPH CANYON ROA D EAST OF I-805 80 BERLAND WV WILLOWCREST WY LORI LN 1,813.00 33.00 38,829.00 81 ENERGY WY NIRVANA AV ECDS 2,169.00 50.00 108,650.00 82 LA SENDA WY E J ST BUEN TIEMPO RD 1,355.00 33.00 44,715.00 63 LAGUNA POINT CT WCDS PT BARROW DR 248.00 19.00 4,712.00 B4 MALIBU POINT CT N CDS PT BARROW DR 228.00 19.00 4,332.00 B5 MORRO POINT DR POINT CAIMAN CT POINT LA JOLLA DR 188.00 29.00 5,452.00 88 NIRVANA AV ENERGY WY MAIN ST 1,778.00 69.00 87,024.00 87 OCALA AV TAMARACK ST TANBARK ST 1,172.00 33.00 38,876.00 88 OLNE AV TALLOW CT TAMARACK ST 450.00 33.00 14,850.00 89 POIN7 DOME CT N CDS POINT BARROW DR 242.00 79.00 4,598.00 90 POINT HUENEME CT N CDS POINT BARROW DR 23g,pp ig,pp 4,522.00 91 POINT LA JOLLA DR BRANDVWINE AV MORRO POINT DR 1,103.00 30.00 - 33,090.00 92 SEAL POINT CT NW CDS TORTUGA POINT DR 320.00 20.00 8,400.00 93 THRUSH ST ROBIN PL OLEANDER AV 485.00 33.00 16,005.00 9d VIA CURVADA BUEN TIEMPO DR LA SENDA WY 583.00 38.00 22,154.00 93 FINCH PL N CDS THRUSH ST 190.00 33.00 4,658.00 10,926.00 96 OCALA AV ENAPLEB ST EAST OXFORD ST 7,125.00 33.00 37,125.00 502 860.00 PHASE 5 -NORTH OF TELEGRAPH CANYON ROA D EAST OF 1.805 1 ALLEN SCHOOL IN SURREY LN OTAV LAKES RO 871.00 27.00 18,117.00 2 BRISTOL CT WCDS HAMPTON CT 852.00 33.00 28,116.00 3 CABERNET DR N CDS GAMAY TE fi67.00 33.00 22,071.00 4 CMNO ELEVADO CALLE LA MIRADA CMNO CERRO GRANDE 790.00 33.00 26,070.00 5 CMNO ELEVADO e`401 CMNO ELEVADO SCDS 2,921.00 33.00 98,393.00 B COUNTRY TRAILS CT COUNTRY VISTAS LN SCDS 186.00 34.00 5,6M.00 7 DIAMOND CT E NAPLES ST DIAMOND DR 284.00 33.00 9,372.00 B ETON CT ITHACA ST SW CDS 891.00 33.00 29,403.00 9 GREENWOOD PL CMNO ELEVADO ECDS 1,348.00 37.00 49,876.00 10 HALE PL FENTON ST SCDS 343.00 49.00 16,807.00 11 HAMDEN DR WCDS NEW HAVEN DR 1,089.00 33.00 35,277.00 12 HIDDEN VISTA DR TERRA NOVA DR SMOKY CL 1,858.00 39.00 72,384.00 13 ITHACA ST SCRIPPS AV RUTGERS AV 1,285.00 33.00 42,405.00 14 LAKESHORE DR CREEKWOOD WY EASTLAKE OR 1,720.00 40.00 68,800.00 15 MILLER DR EASTLAKE PW BOSWELL CT 952.00 81.00 58,072.00 i6 GTAY LAKES RD WUESTE RO NORTH CITY LIMITS 1,244.00 27.00 33,588.00 17 PORT ASHLEY HILLSIDE DR PORT CARDIFF 337.00 33.00 11,121.00 78 PORT STIRLING PORT CARDIFF SCDS 388.00 33.00 12,144.00 79 RUE CHATEAU RUE AVALLON N CDS 1,334.00 33.00 44,022.00 20 SAN JUAN PL N CDS MACKENZIE CREEK RD 281.00 33.00 8,813.00 21 SANDY CREEK DR NCDS COUNTRY VISTA LN 588.00 33.00 19,338.00 22 TULANE AV GOTHAM ST HARVARD ST 275.00 33.00 9,075.00 23 WAGONWHEEL WY ECDS SURREY DR 547.00 34.00 18,598.00 24 WATERTOWN LN HAMDEN DR NEW HAVEN DR 789.00 . 33.00 25,377.00 25 WHITE NORSE CT WCDS CANYON RIDGE DR 136.00 34.00 6,824.00 28 WILLOW ST SWEETWATER RD BONITA RD 1,073.00 55.00 59,015.00 824 262.00 ` " ~ ~ - TOTAL 2,328;66l.DO'. M:\General Servkes\DesignWl Projects\STL\STL335\STL335B Proposed SuAxe Treatment List.>as ATTACHMENT 1 9-5 ATTACHIVAENT 2 CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and al] other official bodies of the City, a statement of disclosure of certain ownership or fmancial interests, payments, or campaign contributions for a City of Chu]a Vista election must be filed. The following information must be disclosed: List the names of all persons having a fmancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. N/A 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation partnership) entity. N/A 3. If any person* identified pursuant to (1) above is anon-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. N/A 5. Has any person* associated with this contract had any financial dealings with an official** o~ the City of Chula Vista as it relates to this contract within the past 12 months? Yes No_ 14 M:\Grneral Services\Design\All Projects\STL\STL335E REAS\STL3 ~'P1~ Pavement Rehab Specs end ContracLdoc If Yes, briefly describe the nature of the financial interest the official* * may have in this contract. 6. ** Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes _ If yes, which Council member? Have you provided more than $340 (or an item of equivalent value) to an official* * of the City of Chula Vista in the past twe]ve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No X If Yes, which official* * and what was the nature of item provided? Date: l~ _~G'~~ Signata~e Qf',(;o~tr~t~yr~gplicant LpJr(a(GJiLr1i@ntCJ tJ Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a boazd, commission, or committee of the City, employee, or staff members. 15 M:\Grnernl Services\Desi~W] Projects\STL\STI335E REAS~STL33A5 Pavcmrnt Rchab Specs and ContracCdoc RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FY 07/08 TYPE II RUBBERIZED EMULSION AGGREGATE SLURRY (REAS) (STL335E)" PROJECT TO PAVEMENT COATINGS COMPANY IN THE AMOUNT OF $548,439, AUTHORIZING AN INTER-PROJECT TRANSFER IN THE AMOUNT OF $200,000 FROM THE "PAVEMENT REHAB PROGRAM, FY 06/07 (STL340)" TO (STL335), AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT WHEREAS, City staff prepazed specifications for the "Pavement Rehabilitation Program FY07/08 Type II Rubberized Emulsion Aggregate Slurry (REAS) (STL335E)" and advertised the project on May 22, 2009; and WHEREAS, on June 10, 2009, the Director of Public Works received two (2) sealed bids for the project as follows: CONTRACTOR BID AMOUNT 1. Pavement Coatings Co. -Cypress, CA $548,439.00 2. American Asphalt South, Inc.- Fontana, CA $556,070.00 WHEREAS, the low bid by Pavement Coatings Co. of Cypress, CA is below the Engineer's estimate of $662,378 by $113,939 or 17.2%; and WHEREAS, staff has verified the references provided by the contractor and the contractor has performed previous work for the City of Chula Vista and their work has been satisfactory; and WHEREAS, City Council authorizes the Director of Public Works Operations' authority to approve change orders as necessary up to the total funding available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award contract for the "Pavement Rehabilitation Program FY 07/08 Type II Rubberized Emulsion Aggregate Slurry (REAS) (STL335E)" Project to Pavement Coatings Company in the amount of $548,439, authorize aninter-project transfer in the amount of $200,000 from the "Pavement Rehab Program, FY 06/07 (STL340)" to (STL335), and authorize the expenditure of all available funds in the project. Presented by Richazd A. Hopkins Director of Public Works 9-8 CITY COUNCIL AGENDA STATEMENT w~~ c1TV of ~` CHUTAVISTA 7/14/09, Item ~~ ITEM TITLE SUBMITTED BY: REVIEWED BY: SUMMARY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FY 07/08 CHIP SEAL WITH MODIFIED POLYMER ASPHALT SURFACE SEALER (PASS) (STL335D/STL346)" PROJECT TO COPP CONTRACTING, INCORPORATED IN THE AMOUNT OF $916,956.43 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJE DIRECTOR OF PUB C WORKS CITY MANAGE ASSISTANT CIT NAGER ~~ 4/STHS VOTE: YES ^ NO On June 24, 2009, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program FY07/08 Chip Seal with Modified Polymer Asphalt Surface Sealer (PASS) (STL335D/STL346)" project. This project consists of the application of chip seal with PASS to various streets in the City, in which removal and replacement of failed asphalt concrete pavement (dig-outs) was performed by another contractor (Frank & Sons, Inc.), under a separate contract. The proposed action would award the contract to Copp Contracting, Incorporated, and authorize the Director of Public Works to expend all available funds to maximize the number of streets in which this type of pavement maintenance work would be performed. The additional streets to receive the chip seal with PASS surface treatment would be selected from a list of streets completed by Frank & Sons, Inc. at the time chip seal work commences. 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 1(c) categorical exemption pursuant to Section 15301, Existing Facilities, of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. 10-1 7/14/09, Item Page 2 of 3 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Included in the FY07/08 CIP Budget is a project to rehabilitate and preserve deteriorating pavement throughout the city. The Public Works Department, through the Pavement Management System, developed a priority list of streets to be included in the program. The goal of the program is to extend the serviceability of the streets through the removal and replacement of deteriorated sections of streets (dig-out) and the application of various types of surface treatments, including asphalt concrete overlays, chip seals, and REAS sealcoats. This surface treatment application of chip seal with PASS is the continuation of the dig-out project (STL335A) currently being conducted by another contractor, Frank & Sons, Inc. of Chula Vista. The remaining rehabilitation strategy, asphalt concrete overlay, will follow under separate contract and will complete the FY07/08 Pavement Rehabilitation Program. This project will also include the application of herbicide (weed removal), striping and pavement markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary to successfully complete the project. Attachment 1 shows a primary list of streets to receive the chip seal surface treatment under the base bid. On June 24, 2009, the Director of Public Works received four (4) bids for the "Pavement Rehabilitation Program FY07/08 Chip Seal with Modified Polymer Asphalt Surface Sealer (PASS) (STL335D)" project." The following bids were received: CONTRACTOR B[D AMOUNT 1. Copp Contracting, Inc. -Buena Park, CA $916,956.43 2. International Resurfacing Systems -Modesto, CA $1,093,886.00 3. Graham Contractors, Inc.- San Jose, CA $1,381,158.00 4. Intermountain Slurry Seal, Inc.- Sacramento, CA $1,478,072.00 The low bid submitted by Copp Contracting, Incorporated of Buena Park, CA is below the Engineer's estimate of $1,045,230.00 by $128,273.57 (12.27% below the Engineer's estimate); much of this difference can be attributed to the high degree of competition currently within the construction market. Design staff has verified the references provided by the contractor and has determined that the contractor has performed satisfactorily for those references. The Contractor's License No. 384209A is current and active. If approved, the proposed resolution would also (1) authorize that additional streets selected from a list of streets in which dig-outs have been completed by Frank & Sons, Inc. receive the chip seal with PASS surface treatment, and (2) increase the Director of Public Works' cumulative change order authority specified in City Council Policy No. 574-01 and authorize the Director of Public Works to expend all available funds in the project without further City Council action in order to complete as many streets as possible. Disclosure Statement Attachment 2 is a copy of the Contractor's Disclosure Statement. 10-2 7/14/09, Item ~ O Page 3 of 3 Wage Statement The source of funding for this project is TransNet. Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets or similar Facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and 18705.2(b)(1). FISCAL IMPACT Previously approved in the FY 2008-09 CIP Program was STL346, Pavement Minor Rehabilitation funded by TransNet and Prop 42 funds. This project will utilize the existing STL346 funds for expenditure as proposed in this item. Staff time and expenditures captured in STL335D will be recovered from STL346. Thus, there is no impact to the General Fund as there are sufficient TransNet and Prop 42 funds in STL346 as necessary to complete this project. A breakdown of the project costs are as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $ 916,956 B. Contingencies (25%) $ 229,039 C. Staff Time & Testing Costs L Construction Inspection (5%) $ 57,310 2. Design/Construction Management (5%) $ 57,310 3. Environmental/Traffic/Public Works (2%) $ 22,924 4. Soil & Material Testing (1%) $ 11,461 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $1,295,000 Sufficient funds are available in the STL346 project account to complete construction. ON-GOING FISCAL IMPACT: Upon completion of the project, the improvements will require only routine City street maintenance. ATTACHMENTS 1. List of Streets Included in Project (Base Bid) 2. Contractor's Disclosure Statement Prepared by: Roberto Juan, Associate Engineer, Public Works Department M:\Engineer\AGENDA\CAS2009\07-14-09\STL335D Al l3 Pavement Rehab (Chip Seal) - final.doc 10-3 ATTACHMENT l PAVEMENT REHABILITATION PROGRAM FY07/08 (STL335) # STREET LOCATION BEGIN END LENGTH (FT) WIDTH (FT) C-DS (SF) AREA (SF) CHIP SEAL PAVEMENT REHAB STL335D PHASE 1 -LEFT OVER FR OM STL340D. MUST B E COMPLETED FIRST PHASE 2 -NORTH OF L S TREET WEST OF I$05 38 BAY BL EST F ST 1,377.00 34.00 46,818.00 39 BAV BL J ST LST 2,780.00 42.00 716,760.00 40 BAV BL LST 1-5 FREEWAY RAMP 714.00 54.00 38,558.00 41 F-&F SE69NBAV H&1_~e^^~^.°. 2,635.00 37.00 0.00 42 THIRD AV DST EST 1,325.00 62.00 82,150.00 43 THIRD AV J ST LST 2,643.00 61 00 161,223.00 445 507.00 PHASE 3 -SOUTH OF L STREET, WEST OF 1.805 50 FIFTH AV ARIZONA ST PETEO CT 301.00 37.00 71,137.00 51 FIFTH AV NAPLES ST DUEEN ANNE DR 825.00 55.00 45,375.00 52 FIFTH AV OXFORD ST SHY LN 330.00 50.00 16,500.00 72 FOURTH AV KITTIWAKE LN MOSS ST 493.00 72.00 35,496.00 73 LST BAY BLVD BROADWAY 2,563.00 55.00 740,985.00 74 LST FIRST AV HILLTOP DR 1,342.00 61.00 81,862.00 75 E L ST HILLTOP DR HELIX AV 2,123.00 62.00 731,fi26.00 76 6XFBR9-ST 9XFBR8-Sx 0.00 77 TELEGRAPH CYN RD LST I -805 FREEWAY RAMP 317.00 62.00 19,282.00 78 TELEGRAPH CYN RD MELROSE AV LST 1,790.00 6500 77,350.00 79 THIRD AV NAPLES ST PALOMAR ST 2,847.00 61.00 161,467.00 721 060.00 PHASE 4 -SOUTH Of TEL EGRAPH CANYON ROA D, EAST OF I-805 97 MAIN ST NIRVANA AV HERITAGE RD 3,747.00 74.00 277,278.00 98 MAINSF 1,820.00 36.00 0.00 99 OLYMPIC PW BRANDYWINE AV HERITAGE RD 8,860.00 82.00 72fi,520.00 100 OLYMPIC PW LA MEDIA RD E PALOMAR ST 2,658.00 62.00 217,956.00 100 OLYMPIC PW E PALOMAR ST SANTA ELISABETH AV 2,253.00 62.00 184,746.00 OLYMPIC PW SANTA ELISABETH AV TOWN CENTER DR 2,320.00 98.00 227,360.00 OLYMPIC PW HUNTE PKWY WUESTE RD (S!S) 4,525.00 60.00 271,500.00 1,905 360.00 PHASE 5 -NORTH OF TEL EGRAPH CANYON ROA D EAST OF 1-805 27 HERITAGE RD (S/O CRICKEn EAST CITY LIMITS SOUTH CITY LIMITS 2,000.00 25.00 50,000.00 28 CORRAL CANNON RD COLTRIDGE LN PORT RENWICK 2,073.00 62.00 128,526.00 29 FENTON ST HALE PL LANE AV 590.00 62.00 36,580.00 30 FENTON ST LANE AV HAROLD PL 1,236.00 62.00 76,632.00 31 E PALOMAR ST LA MEDIA RD VISTA SONRISA AV 1,709.00 62.00 105,958.00 32 E PALOMAR ST MONARCHE DR SANTA ALICIA AV 935.00 52.00 48,620.00 446 3'16.00 ':TOTAL 3,578;243:00 M:\General Services\DesignWll Projects\STL\STL3351STL335 Surface Treatment LisLxls 10-4 ATTACHMENT 2 CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions £or a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. NONE 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. NONE 3. If any person* identified pursuant to (1) above is anon-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. NONE 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. DENNIS COPP-PRESIDENT EZEKIEL A. COPP -VICE-PRESIDENT 5. Has any person* associated with this contract had any fmancial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No X 14 M:~Grnerzl Services~DcsignWll Projects~STUSTL335D PASS Chip Se~~Y['~SD PASS Chip Seal Pavemrnt Rehab Spas and Contractdoc If Yes, briefly describe the nature of the fmancial interest the official** may have in this contract. 6. ** Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ,~ yes _ If yes, which Council member? Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) yes _ No X If Yes, which official** and what was the nature of item provided? N/A Date: JUNE 24, 2009 ~rgnatrr~ of Contractor/App cant COPP CONTRACTING, INC. EZEKZEL A. COPP -VICE-PRESIDENT Print or type name of Contractor/App]icant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a boazd, commission, or committee of the City, employee, or staff members. IS M:\Grnenl Services\DesignWl Projects\STUSTL335D Pp55 Chip SeaI~STI335D PgSS Chip Seal Pavcment Rehab Specs and Contractdoc 10-6 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FY 07/08 CHIP SEAL WITH MODIFIED POLYMER ASPHALT SURFACE SEALER (PASS) (STL335D/STL346)" PROJECT TO COPP CONTRACTING, INCORPORATED IN THE AMOUNT OF $916,956.43 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT WHEREAS, City staff prepared specifications for the "Pavement Rehabilitation Program FY07/08 Chip Seal with Modified Polymer Asphalt Surface Sealer (PASS) (STL335D/STL346)" and advertised the project on June 5, 2009; and WHEREAS, on June 24, 2009, the Director of Public Works received four (4) sealed bids for the project as follows: CONTRACTOR BID AMOUNT 1. Copp Contracting, Inc. -Buena Park, CA $916,956.43 2. International Resurfacing Systems -Modesto, CA $1,093,886.00 3. Graham Contractors, Inc.- San Jose, CA $1,381,158.00 4. Intermountain Slurry Seal, Inc.- Sacramento, CA $1,478,072.00 WHEREAS, the low bid by Copp Contracting, Inc. of Buena Park, CA is below the Engineer's estimate of $1,045,230.00 by $128,273.57 or 12.27%; and WHEREAS, staff has verified the references provided by the contractor with satisfactory results. The contractor has performed various work for other Cities and Counties and their work has been satisfactory; and WHEREAS, beginning FY09/10, STL346 will now be considered STL335D -Pavement Rehabilitation for Federal Highways; and WHEREAS, the City Council authorizes the Director of Public Works Operations authority to approve change orders as necessary up to the total funding available. 10-7 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award contract for the "Pavement Rehabilitation Program FY07/08 Chip Seal with Modified Polymer Asphalt Surface Sealer (PASS) (STL335D/STL346)" project to Copp Contracting, Inc. in the amount of $916,956.43, and authorize the expenditure of all available funds in the project. Presented by Richard A. Hopkins Director of Public Works 10-8 CITY COUNCIL AGENDA STATEMENT ~, ,. - ~ '~' C UlA VISTA 7/14/09, Item /Z ITEM TITLE: A) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2009/2010 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, AND 13-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT B) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2009/2010 WITHIN COMMUNITY FACILITIES DISTRICTS 06-I AND 07-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT C) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2009/2010 BUDGET BY APPROPRIATING $25,000 FROM COMMUNITY FACILITIES DISTRICT 13-M AND REDUCING THE APPROPRIATION FOR COMMUNITY FACILITIES DISTRICT 98-1 BY $25,000 (requires 4/Sths vote)~.~ SUBMITTED BY: DIRECTOR OF PUBLI WORKS ~~ J"~ REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER 4/STHS VOTE: YES ® NO ^ (only item C requires 4/Sths vote) SUMMARY Twenty-one (21) Community Facilities Districts (CFDs) were formed during Fiscal Years 1998- 2007. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space preserve areas and maintenance of other public facilities, or to repay bondholders. The present item will authorize the levy of maximum special taxes for CFDs 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-I, 07-I, 07-M, 08-M, 08-I, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M. In addition to authorizing the levy of the maximum special taxes, this item will also amend the Fiscal Year 2009/2010 budget and appropriate $25,000 out of the available fund balance of CFD 13-M and reduce the appropriation for CFD 98-1 by that same amount. 12-1 7/14/09, Item ~ Z Page 2 of 6 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 Community Facilities 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 necessazy. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION In January 1998, City Council adopted the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts. This document allowed the use of CFDs as a public financing mechanism for: • Acquisition and/or construction of public improvements and facilities; • Financing of authorized public services; and • To repay bonded indebtedness or other related expenses. During Fiscal Years 1998/1999 through 2006/2007, the following CFDs were formed in the Otay Ranch, Sunbow II, San Miguel Ranch, Eastlake, and Rolling Hills Ranch areas: Table 1. Community Facilities Districts within the City of Chula Vista CPD . tLopa~iaii`~ r5 . ~ $~ `~ ` ~,j~=. .t ~-~~ ~ `~~~r~pt~ ase' ~~h~,r ~ _. ~ 97-1 Ota Ranch SPA 1, Villa es 1 and 5 en S ace maintenance 97-2 Ota Ranch Preserve O en S ace maintenance 97-3 Ota Ranch McMillin, SPA 1 Bond Issue for ac uisition of ublic facilities 98-1 Ota Ranch Villa es 1W, 2, 2W, 6, 7, 12 Interim en S ace maintenance 98-2 Ota Ranch McMillin SPA 2, Villa es 6, 7 Interim O en S ace maintenance 98-3 Sunbow II O en S ace maintenance 99-1 Ota Ranch SPA 1, Villa es 1, 5, 1W Bond Issue for ac uisition of ublic facilities 99-2 Ota Ranch SPA 1, Villa e 1W O en S ace maintenance 2000-1 Sunbow II, Villa es 5-10 Bond Issue for ac uisition of ublic facilities 2001-1 San Mi uel Ranch, Areas A and B Bond Issue for ac uisition of ublic facilities 2001-2 McMillin Ota Ranch, Villa e 6 Bond Issue for ac uisition of ublic facilities 06-I Eastlake Woods, Vistas and Land Swa Bond Issue for ac uisition of ublic facilities 07-I Ota Ranch Villa e 11 Bond Issue for ac uisition of ublic facilities 07-M Eastlake Woods, Vistas and Land Swa Areas 1, 2 Maintenance District 08-I Ota Ranch, Villa e 6 Bond Issue for ac uisition of ublic facilities OS-M McMillin & Ota Ranch Villa e 6 Areas 1, 2) Maintenance District 09-M Otay Ranch Villa a 11 Maintenance District 7/14/09, Item ~Z Page 3 of 6 OFD, ' f ~ ~;l~arafi®71`'" v a ' ~~ ~ i~~ ~ ~ `~~ k x~a„~i;; yea ~ ~ _~ a, ~ ase s ~ , 11-M Rollin Hills Ranch Maintenance District 12-I McMillin Otay Ranch, Villa e 7 Bond Issue for ac uisition of ublic facilities 12-M McMillin & Otay Ranch, Village 7 Maintenance District 13-I Otay Ranch, Villa e 7 Bond Issue for ac uisition of ublic facilities 13-M Otay Ranch Village 2 Maintenance District Maximum Rate & Actual Rate The City of Chula Vista makes the distinction between the maximum special tax rate and the amount that the City may collect against the special tax rate (i.e., the actual rate). The maximum special taxes for Fiscal Year 2009/2010 are proposed at the Fiscal Year 2008/2009 maximum special tax rates and adjusted by an inflation factor as defined in each district's special tax report. The actual rate, on the other hand, is the amount actually collected from the property owner and is equal to, or lower than, the proposed maximum special tax rate. The actual rate is based on the budget, the reserve requirement, fund balances, earned interest, and prior years' savings. Each year, the Council authorizes the levy of special taxes on the maximum authorized special tax rates, and delegates to the City Manager, or designee the authority to establish the specific special tax rate applicable to each parcel. The maximum special tax rate and actual special tax rate for these existing infrastructure and open space maintenance CFDs are detailed in Exhibits A through S, and are accompanied by district maps. Fiscal Year 2009/2010 Rates Maximum Special Tax Rate According to the Rate and Method of Apportionment for open space maintenance CFDs 97-1, 97-2, 98-1, 98-2, 98-3, and 99-2, the Maximum Special Tax Rates (see exhibits) for each fiscal year after the initial year shall be increased or decreased by the lesser of the anmial percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the annual percentage change in the estimated Califomia Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published in January of each year. The annual percentage change in the CPI was approximately 3.85%, while the estimated Califomia Fourth Quarter Per Capita Personal Income increase was 0.62%. Staff therefore used the 0.62%, which is the lesser of the annual percentage change. According to the Rate and Method of Apportionment for open space maintenance CFDs 07-M, 08-M, 09-M, 11-M, and 12-M the Maximum Special Tax shall be increased each fiscal year after the initial year and by a factor equal to the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index. The annual percentage change in the CPI was approximately 3.85%. According to the Rate and Method of Apportionment for open space maintenance CFD 13-M, the Maximum Special Tax shall be levied beginning in Fiscal Year 2007-2008 and increased each fiscal year thereafter by a factor equal to the greater of the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) as reported by the State of Califomia Departme~tt2of3Finance, or 4%. The factor that will be used 7/14/09, Item ~2 Page 4 of 6 for this CFD• will be 4%, which is greater than the San Diego Metropolitan Area All Urban Consumer Price Index 3.85%. The maximum authorized and projected annual Special Tax rates for all Community Facilities Districts are given in the exhibits. Squaze footage (SF) refers to building floor area, and acreage refers to the total lot size. For CFD 98-3, asingle-family dwelling unit is equivalent to one EDU. Costs aze spread to multi-family units on the basis of 0.8 EDU per unit for street medians and pazkways, and 1.0 EDU per unit for all other facilities in the CFD. Actual Special Tax Rate The Special Tax Levy Reports for the maintenance CFDs 97-1, 97-2, 98-1, 98-3, 99-2, 07-M, 08- M, 09-M, 11-M, 12-M and 13-M require the establishment of a fund reserve for each district of up to 100% of the total annual operating budget in order to provide revenue for the first half of the fiscal year before any income is received and to provide for cost overruns and delinquencies. A 50% reserve has been provided in some of these CFDs by including an additional 50% of the Fiscal Yeaz 2009/2010 budgets. The reserves should provide sufficient funding through December 31, 2009. Additional reserves may be realized depending on the schedule for accepting new landscaping improvements during the fiscal yeaz. The Fiscal Yeaz 2009/2010 actual special tax rates aze not projected at this time. Staff proposes that the City Manager, or designee be authorized to modify the projected annual special tax rates based on actual square footage and acreage, provided such annual special tax rates do not exceed the maximum authorized special tax. Actual special tax rates are cµnently being calculated. Since the rates have been rounded, actual revenue maybe slightly different. The final Special Tax Levy Reports will include a list of all pazcel numbers and charges applicable to each parcel. The valid parcel numbers cannot be known for certain until after the special taxes have been submitted to the County for inclusion on the County property tax bills. The final reports will be prepared in August. Other District Issues CFD 97-1, 98-3, 99-2, 07-M, 08-M, and 09-M: In these particulaz districts, expenditures exceeded what was levied for in Fiscal Year 2008/2009. This is due to the number of tasks performed within the maintenance contracts. Replanting of bare aeeas due to crop failure and/or disease and filling in sections with new plants due to vandalism and vehicle accidents was essential. Staff also began introducing more drought tolerant plants into the landscapes. This caused expenditures to increase slightly but it is especially important as our water costs have increased. Staff does not foresee the same expenditures in Fiscal Year 2009/2010. CFD 98-2: This CFD was created as an interim district in order to provide a guarantee for certain improvements in Otay Ranch Village 6 and 7. Maintenance activities have been taken over by maintenance districts CFD 08-M and CFD 12-M, and therefore there is no maintenance budget for this district. In Fiscal Yeaz 2009/2010 no special taxes will be levied within this district. Budget Amendment for CFD 13-M and CFD 98-1 CFD 98-1 was created as an interim district to temporarily finance the maintenance of certain areas within Otay Ranch Villages 1, 2, 6, 7, and 12, until permanent maintenance districts were 12-4 7/14/09, Item ~2 Page 5 of 6 created. To date, permanent maintenance districts have been established for Villages 1, 6, and 7 and all related maintenance activities have now been taken over by their respective districts. The landscaped areas along the south side of Olympic Parkway between Brandywine and La Media Road should now be included in CFD 13-M (Village 2). Although not all maintenance areas have been turned over to the City, it is appropriate to include this portion of Olympic Parkway in the budget for CFD 13-M, as it was previously being funded through CFD 98-1. Therefore, for FY 2009/2010, a budget amendment of $25,000 is required for the City to provide adequate maintenance services to this area along Olympic Parkway. This budget amendment would provide an additional $25,000 to CFD 13-M and reduce CFD 98-1 by this same amount. The maximum levy amount is authorized by the proposed Council action (Resolution A). The actual levy amounts for both CFD 13-M and CFD 98-1 will be adjusted to reflect the proposed budget amendment. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council Member McCann has property holdings within 500 feet of the boundaries of certain Community Facilities Districts, which are the subject of Resolution B of this action. CURRENT YEAR FISCAL IMPACT Infrastructure Districts The scheduled debt service for bonded infrastructure districts in Fiscal Year 2009/2010 totals $17,193,954.50 and is detailed in the table below. Projected special tax revenues will be sufficient to cover these amounts with no impact to the General Fund. CFD 99-1 L,v i a,uy /.uv CFD 2000-1 503,837.00 CFD 2001-1 IA A) 995,492.00 CFD 2001-I IA B) 830,280.00 CFD 2001-2 709,445.00 CFD 06-I 3,398,697.50 CFD 07-I 2,902,657.00 CFD 08-I 1,544,294.00 CFD 12-I 1,475,713.00 CFD 13-I 1,097,138.00 Maintenance Districts The full cost of providing maintenance services in these districts totals $8,144,576. This entire amount is recovered through the CFDs' special tax levies and reserves, resulting in no net impact to the General Fund. 12-5 7/14/09, Item ~2 Page 6 of 6 CFD 13-M and CFD 98-1 All landscape maintenance costs associated with the Fiscal Year 2009/2010 budget amendment will be borne by the respective property owners in CFD 13-M. The reduction in CFD 98-1 would allow the City to levy adequate revenues to fund current maintenance activities remaining in the interim district. Therefore, there is no impact to the General Fund. ONGOING FISCAL IMPACT None. ATTACHMENTS 1. District Maps EXHIBITS A thru S -Fiscal Year 2009/2010 CFD Tables Prepared by: Tessa Quicho, Administrative Analyst !I, Public Works Department Amy Partosan, Administrative Analyst /!, Public Works Department J:IEngineerlAGENDAICAS2009107-l4-091FY0910 CFD Levy.doc 12-6 ATTACHMENT 1 District Maps 12-7 SPECIAL TA% AREAS COMMUNITY FACILITIES uISTRICI' N0. 97-1 (OPEN SPACE MAINTENANCE DISTRICT) CITY OF CIIULA VISTA, COUNTY OF SAN OIE00 SIATE OF CALIFORNIA C.~_ry~~ ~LV.... J ______ .__~ N DD LFGCN- YAINIfMANG[ dliPlil YOUNWPY IONC A AN4 YAd1CNANtC dfiYwi YYYNYAYY idlC Y YdINYMY •SS[SS011'1 NPGC1 IINC rYOrwro YIYNI-ur-wAY vlrrulTY_.AIdC. APiNh~XrjiIJN K,n~?f=' N(:. ! C)h COMMUNITY FACILITIES DISTRIC~"~ N0. 9 %--1 (,C7F F ^ tif>A(k: Mf~if•!i"FNANCE [:?I`: iR!i' T, ~~~f't `f ~~.I~r C; h'!---i{~A 1, ~''; L..hl~i[~ Ohd~ 1'SC ti'~k.j tm~°~'~. 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G'CLO[Yf .L,N IN ROM ?$...-~ "AOE _.5.1 _.-, lY NAPS [Y' ASSESSVC 1 Ab ^IWMUNi71Ci AACKIRFS piST~CT4 Id d1E OiflCE fY iH£ COU IY TiCCroiDE Cf nIE CWNTY OV SAN DIECp. CAIJFYXFNIA. 7~r'4amrtli~.x-Yn.L u~a.0.y tm DY C(XNIIT' H'ff ~~--'____~_- LYk/N /T GF 5 .Y DIEC.I STATE UI' CAUE0.C'NA LfS:LNQ C~-~ WWIIN/J10f V lAI 1 61111 OMY IK^116"10 aS5[$5OP Y~MC[L NVMtlCP --__-_.._.-.. NIIL[L IIMt N' ~~ ANNEXATION MAP NO. 1 -"CONiMUFIITY FACILITIES DiSi'FtICT NO. 9II=1 {ItVTERihll OPEPI SPACE DISTRICT [OTAY PROJECT, LLG-OVP-S~'A ONE, VILt.AGES 1 WEST & 2]) F'u"a'T" ALL fNxi PtWl16Y OP FANCCL I W PAfl[[6 ~^pvp'°"1n'v OF THE C!TV OF CHULA VISTA, COUNTY Of SAN DIEGO ~' O1uI,a rlf'A. a+ (ILL IN iN[ arPlcL 1 CXV. 4N UIEGn LuM1V, STAY[ of [AI IftlNN1 A. 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LfY LUiLf, 4Y1[ tll lfif. ~[P.U W ME pf1CE d%' tltE cri Ctt~yN Ll'' THE CITY CY CYIIItA MSIA. 1'!B~ /~ D.tY Ur (j4{N(~• 19QQ, .r 11 Gfl' Gx EN 6YffHLY A FUDi[LF{ CLTY OP GNLA NS IA 3/A iE :IF' LACIFORNIA I HERE'9Y CENOFY )HAT ME W11N9+ llni yiOMhf, :aYwlm, aNrwN~H-arNNURAT rr as Nu pp-a. w nH an a' aGIA Wsu, cxxwrc w u WAS APPRdltxp IIY 1ilE pTY fY1LY.A N4fA Ai A REGINni 0.Y if1E y}3.11-.___ DAY (?`" DY ;i5 HE3Q'JTr(kI NQ~ DY `'Ylt~vli CITY CLfIYK N.5VERLY A. AUifRI Ei Ci IY fY :3NLA N5IA Su YE Ui CAUFONWA nico nns lAlLi..,Dnr Fr _h_4Yiu47_.. v9a.4- AY M[ YKNIH OF' ~ D'CLdYW P Al. IN DOIN( ,,,~~ PAGE,~_ ~~ YAPS fd A15E5+1`AENi AND CONMUNI EIES FACIUYIES 0.'.5lmGIS IN 61E (RVICE Di' IhC dOUNiY RECGHUEH CP iNf LpJNiv dl' SAh DffG0. CAUAYX261A. N Nt~Gf~I W~p~AVpMagp, NY dkKNF-P ...'.........., CtiJNTY RECIXtUEH AYVSiiirliH4lHi CCUNfY bE SAN DIEGO S TA fE LV GAU(dRN1A ~~~~ ~_~~ {WNi[NANCE LYSIYKt pONNWNY I{t-ilo-1U ASMSYIYN M.WCFL NIIYYLN ' ----...., YA4L[L ZINC O o Ny ~~ PROPOSED BOUNDARY MAP COMMUNITY FACILITIES DISTRICT N0. 98-2 INTERIM OPEN SPACE MAINTENANCE OISTRICi (O7AY PfcOJECT, LLC-OVP-SPA ONE, VILLAGES G & 7) CI1Y OF CHULA VISTA, COUNTY-0F SAN UIkGU STAi( OF CALIFORMIA ~DISrRICT BDUNOARY 1TI Mbrr~men_4 NeN~u m . w„ -- SGI NNEL ~~(~ At~ TION MAP ND 1 OF _C.® I~1M~IWITY FACILITt~S DISTRACT td0. ~3B-z (E6UT~Rl~ OP€~! SPA~~ DISTRICT ~OTAY PRQJ~CT, . LLw-OVP-SPA OIdE, VI [L[,,LAG 5 6 HE 7]) OF THE CITY OP CHULA VISTA, COyNTY OF SAN DIEGO El(FIIEIP o STATE OF CALIEOftNIA nL ru2r wwnW w' sfan uN la, Tmxf4un' a count. 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Yf P1 ~im L If.CNYC Exf IICY Y~fa-YYa1 •~ TyiIY ~LLi ~-~y.Z7b I 111•I•ivi Iq p~ggL 1, . ... ._ 1 ,....y, ., L..TI'~'RI"rrrlmi ii'P~' I i'11~IPi`I' ~'~ 1~ BOUNDARY MAP COMMUNITY FACILITIES DISTRICT N0. 98-3 (OPEN SPACE MAINTENANCE DISTRICT N0. 35 [SUNBOW II]) CITY OF CHULA VISTA COUNTY OF SAN DIEGO STATE OF CALIFORNIA N CANYON RONO _ _.~'7-_. ___._____..T ~~\ea-oaa-fa ~\ " \j ~6A1-110-fib 11\ ,1 ~I - ` •~ &1-020-~19 E~•~/• , ~- ''' _ /' ` ~ NW ~ _ J `1s_.. ./ \ .. IMU' \ ./'~. - fi{I-122-C1 ~~ •~' ~~` ~' \, " Yt-12a-OR -~ l~-_ - ~.. sal-osa-m t 'fix ~l a AW Nn. ~. u2J ~~2 ,~ 1 3 ,~ ~\-, i \~ 6M-p11-W a ,~_ ~~ ORPNOE KWP~ x='11\ ~ sA1-D3o-o1 I , FlLT IN ME OFFlCE OF 1N~CItt CIFRN !NE Cm OF CNUU NSiA, TU9 -L Mi Cf ~Nyy. 199§ L~ Cf1Y CLERK 8 LLf O C11T OF CINU NSfA i SfATE OF GWFORNV. HEAEBV CFRIItt 1NAi MF %VHMNY NOP SNOWMC PROPOSN 90UNMRIES OF CiD N0. 90-3 IN ME Cltt 01" f~ CNUU VISfA, CWHIT OF SM' DIEGO. SAIE OF CWFORNIA 4 'f~ "iVi WAS MPRNLp EY ME CM COUNCLL OI T1E CM OI 1EGE~IC CMUU NSIA Aid. REWUR NEE~E~yy~O NEREOF. HF1~ ~ ??'- R`" ~I ON Mf .1j:_ OI.T OF ~.yya~, 199Y ~ 6T rt4 RESCINION HC. _ - 015110Ci BOVNOAW ~1~ ~ ~ ' I55ESSOR'S CMCEI LINE ~~S~Y~ ._\_ ry ; _ LTYRIT ClEfll( BMRLYA 1UM U' 511-133-OS ASSESSOR'S PARC2 HUMRER ~ CIIY OF CNIM NSif SiAIE CF bLIFORNN C Fl1E131H1E ~ DAT Oi ~_ 199y AT TIf IKKIR Of _3iJ! O'Cl-CK ~N. ' IN BOOK 1j_, PACE GeV _ OF MWS Of A556SLEM AIID CONWNrt'! FACRfi16 O1SRK!5 m THE OFTICE OF TXE 0.WNIY RECORDER OF ME GWNtT Of S.W~/g~E00, GIIFORNLI 8,.. lI~G,GG EI6vAA _ cauNtt racaROm . COUHT! DF W1 gECO STATE Of fl11ECRNN SHEET 7 Or' ~a •~ SCANNED 12-23 AMENDED BOUNDARY MAP COMMUNITY FACILITIES DISTRICT NO. 99-1 tOTAY RANOH SPA ONE PORTIONS 0J= VII.~AGE ONE, VILI_AQE FIVE AND VILLAGE ONE WEST) N I N Ilia W IIK gI1fE ul *1L qn 6RR~Xc lq 1" alY q 4YAA MRIA PNl~ d/14SYI~m. ,~ Ett ~~~ pR q (1W Mflw SGIE P YNYWiYf I xPPi [PNI Mni OK PVYI1n 4P1RO YRNI pK ,xUi Y Y4~,yp~yl(f P EaYWYn 14101Kf ptiOaGl R!° 1Nl Rn P oau Id4 taKnY P YW MP0. SuR P~.N KAf .I+wKY av M YTI <IfYiq d pK aFY d Y wiu n A M0.lM KgpIY 11tMP.IKw ul M MY q A...,.,i ~ IE-1-R~. RBI `I I'S aE1nY11Y1 N¢ ~K b1i3~FEl~_ 1~~~9d~iSiT an un P aaNw uslf nAK d cN PNA ipapffcaNtl Wq~9ej-yy611YGSj 1T1}}~~~ Yl Yf AIIEYYYYI:~.~~i YAlR~`YKlif]~PKIY o f~.Nl°1ord.gN aw Nn IKSw~P P Ilc ca.n rA E¢~tY m n IYaIAKP wlNn a Yui uaY ]IAl[ d WYWA t"~r..d ISn4 1'-NN l~„~ ~ 111 . ,. ~ .~ .t>1F 1 1... CITY OF CHULA VISTA, COUNTY OF 9AN OIE00 STATE OF CALIFORNIA AK ANiloto sEwePl Ny INilof nK RgMYMY uAP rP YYYNYwn rACUrcs piPYGI NG 11-i 1YYAY a4KYf III uK - fPMIR P MLLA4' YNL W lI2 nK Ala KIwaE YIK At? an P RR4a NRI4 cluxrt d RAN IfE4y, f1AR P CNYgXEA MPI aLC3NRa l1 WI /nN-MRIIl P NMf q A!Y[R9YfM( Mq cwMW ry (Aglg4 MdSn N Mf PfKE P FK CLW R BCOFYII[ rON AIL CryMn d Yµ CtICq f4R d ENfgNbA //j// /l / ,~(\ ! PMI ~~ \\' N01 /// `` A Pµf f jI,1~7 Nyr • ~ I I Pµ1 t __ .., ~..~.~ „~ uaelo / ~'~~ ~p° Of9Yf( Wl9µY _ W -_ xJ"` PG wEn dl1 --- „~~ Ny. Nol . nARI AnaoKY n w la] d s[ Asxua's IRRCIl IuwM plNgxw M lKIR4! N N NRW[e N CKNWNh 1.xPldf W111K1 w PP-1. wsK m win > /~ ~ G(` ~I'~ ~ JltcGl L4 MApfIN SCL$ INC. rrw rnf.n...lnr 4.K n...,y sxn.N.r rcnlnlunlY IXnGftlunl llilq IWIry 1'i..w f.,.xnA M.nxr•nvnl ~~~~~ " ~ M ip n,rA L.nv. JxN, f~! M'~ plly ffx/d. U alfl6 hl n9-N},{-IIIY u. t M1c ULdIS-I)il ,WINE 19ss \19ti:5.Alossesnu ;l.awy REN SEQ Allf: 31, 1990 AMEND>=D BOUNDARY, MAP COMMUNITY FAGIL.ITIES aISTRICT N4K 99-1 PORTIONS OF lulu NI 111[ pi1LE 55[[ 11K p Y n1AN Oi IIY:' d1Y M pYAA NSIA IIH~([YAYnp_ 1Y~. flY. ~~ _____~______~666666~YJ~.U1 -wGZ1~N n1Y 4f GYA.A NS1A SIAI[ a' C4Y WNNA tOTAY RANCH SPA ONE VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) FUTURE ANNEXATION AREAS, CITY OF CHULA VISTA, COUNTY OF 8AN DIEDO ~ td STATE OF CALIFORNIA mgt INI41 AMCx1KY Bu YW+iPIM,IY YM AYINA4 lIK XpWYMY YAY Pon Ca1YUWYT EACY.IIKR , I NYCMW ~PWON[I,WI IIEICONNES Al NWI~15o ~0~]YI IWYIIIY' YMB ~ Af~'Y544ECNIIXANO •/' \ r' CWIYIYIIIY fACAlYY9 n91NWYf W N~YfflCf IK 11K CdINIY PIGYIYIN Cwl illC \ CalNle lY 4AN IYEC4 SIAI! lY CALNYYiHU. \ F(I~I' ^Il~1~RyI:Y, I ILILl`_fl.l~ Y~~....IJ 2L~hL~i1 I INMI NY aNIKY 4UI IIY PNa'ERIY IYCgIN XIINI 4K I 641--U30 09 ' MCNwY wYwYAx~FS fN EYIWIE AWY.AIiwl Mus rf« 2 641-030 10 I ' i 1 xw A • ~~ YMI [mlxNl EACYIIIYI wSIWCI NA PR-1, IIK G Y IX k) i i tlY.3A NSIA CwiN1YIX SM nf4A 41AIL IX CALM MxU, •'~ / ~ / --~~~~~ YAS Aw xoY[Y Yr NK na caNSa u nK an w' . 3 641 -0.30 ' OS IYNxA NYtA Ai N[aAM CIYW ^EIIEw', ,'/, \ I mlo lW uN InxY a' uYU,m 4 641--Qb(1--02 Y ~ ~ ~~ xY 116 xl iulYxal NP ,f,!j~"L"j~ ~ ~ ~ ~~~ N 5 641-`OFi0---03 ~ ~ / I YY: REYA.%"~s~.,~-C"" fi 641-060-0% (PORTION) ~ ~`s. I ~. tlli Yr alwA NnA I ~~ % fi43-`OI U.,.IU , ~ \ •~ %~' ? SIAIF IY CwIYOxWA 1 f ~ ( %i K i 9ocst1999-67.1os5 •~~ '~'~ t \I\ ful INS 9-Y~u~~i9't Art~1[ Ntux a ~Y~u'ciDtll Y. PAC[p(A Yf YAPS n A4YS EMI Axfl 1~} 1 An.I1KS &slwels w IIA afl[L EY INC CWNIY R[CUXIKII W NK CGINIY IX fAII YSCR CAIYpINA. YY E41IIY IY Y CgNYY LpWIY IX SM NKGO SIAI[ IX LMIIWiMA ~wJ W' Y.ML Y~Im' ~,rl . s A :l ~~,(., _/mar *li J/ Y ii ~` ~r~ / ' _ . Y 'Y IYMA4 ~ . °!n~ l „ ~ 1 1 l .. Y ~ ~- '~ / / Y~ 1~ ~ 4 r. /- ~ ~~ ~~ \' G is 1 .:o._ . ~ `` ~ ~'' ~~`~~LQ' S -. .. 1 ~ -~/1 Y-° 1 ~ G EXHIBIT A r ~~ ~~ J, xm A 'LPMY N0I A vMr ~~/-'' ~ 031 .~' 1 I~ [YNx[ Nw[NANYN AXCAS --- -- Ix41xWt RYIWNMr NAP. xDtAPMI MCGII.I. MARTIN SLLF, INC. E'inil A11NinovWY Inxd 1[N nxbAy KNYlxYi1W [enunuYlry Ifur~lapnuvx I1hI L: 1Yl u:y )'imumr Yrv.'AA /%wnYrxrnY .YW y%IN Arxer, .Rn4 G 6 11 WY 1'IrLr, ['A NINY .Mx ~ lYl' lllY IY$ 1.11:1 Mrt. OIY.IYb 1BhY ' JUNE 1999 `,.pr-,t d`,. rv•'•.am.q. .1:19 RC. VIWGU YAw JI, IGOa ~NNF~~XAT'IO(~J MAF' NCi, 1 C)i COMMUNITY FhCILITIES DIS~1~1~21C-f N0. ~9- 2 (O C~??" RiaNC;N 5Pta ONE.-- . ViL~~GF LNL WLS~i OF Th{~ CITY OF CIiULA V;ST~ COUNTY OF 3AN ~JIF::GO, 5'CA7G OF CA,LIF(?RNIA 1. RFy p 111Y. W'tt:C (p lllF pYr ~IYAH Cf lHE Uii U' tY IJ.A M$(R CNVUNNfAi Tp4 ~___~ pAI tR a r <v 7auA usa SIAIC JY LNµMMiA NhiE T315 ANN[MApGN YM LIN1 GOKRN qlp ALL UIIfNI{ A8 1U TiG C IFNi pF lNE IENp11WY ANNEMFO 10 TN: A-OkL RF{SNkyfFG [pYN1µlY (4WUkU pSllbfl IWUWITn NUKE\tlF NkFFNFNC£ IS NdUC rU ME - AYSE6MW] YMR (V nµ: AbYS51W Cf li1C COV 1 pE Sui UE0] Ilyl A orr.p2o nkxmwnox OR fie uxks Pro olwNSlp4p Lr nlc PAIILYtS ' wpupeo +vnw n+r. Axxplso IpW 11mr Nn x 1 ~ s ml.u, anenN .~ ~~ ~., .' ^ ~ N_ IY iNt5 11.WC(NNW4 ryLL ,dk$ A401:1Y[N9tl1$ M S{Iryi PNU'lLS wnLW uAP mlmwc Pm4u to Ne Nlxkvv ro Np. pp-2 (OTAY pµQl 4M 4iY UR pnRA tl81A, Uf UNiFYpuUA YAR ~ ~~ptt Ar n Rk011LM unr~ i RCStlL1UW NO ~. rzY nWNUN1T YM VW NU. Uk-3 fafAf WINmI SPA N N `'_ ' ~) p(Y p}11LL p1Y Iv Iluk k1ekA arnn UP G.1JINwn ,yp. 0ilWRtd 1 IkkU Tit UnY 6 ~~llY'~{Ye~~~_....,_ i+wp.., I II IWR pti i~ pa-fY Y W tlpnN W WPS Ilf BSf SS N ANp fUIYpIN11Y A ~yytt YAgll 6 pSIpWIY RI PALL _Z$.~. N DC IYFIIS q Tlf MNry RQCfAO€1W ~111~[~~CMW~IY 1% S.W 0µ1A, [wvglNia C6JM ftXµ091 f~ LIXIx ,N" 8Ni Olkpl srax eF al>ram~A uunu nNl XAIIrN Aif• J 61%1 I(CC •,el ~eUY a - - j/ i y '. i / ~/ 11 i~ ~~ y j ~ ,, ,;I ~ .;r ~ ~.,, y ,, C ANY - "'X ;, ~ '. ~ ~ i j ,'. ~~ c IT'11IsGRA1'~1 ~ ` ~ ~ X t ~N~~~ 1 ~~ ~ ~~ :_.. 'll r 1,.. ~~ L / 4 ' ~.- ~, , S 11~tL~"~ ~ ~ p~~~Mpl~~~_, Yn ~ t~ IN' ry .~ _ {{ !~ J 1 \`N ~ ~ ~ N ~~ ~S ~~ *~ 1 l y P ~~~~ 4 ~4 `{. ~V~ MCGn.I. MARTtN ;ih(.m, INC. ..,1 .qNV,, ny m,. .qn, ..W a N„y, lAI 1 il. ~ f. e: / 1p 1 1 ?/U . ~ f( itJ li I i+ ti i I A!4 S 1 NOV, 2gp17 :~rrz-.r 1 i (rr p i / ..X~~ .1 1 ~ ~ 1 i^1 A 1 +\~~~ 1, ti !..,.,1~r ~ 4Yr.,_, ~ i nNNI xn~n~N nAN~€l~z ~ (,41 -06L Oc 't. ti4i--ObC -O: t30UN[7ARY MAP COMMUNITY FACILITIES DISTRICT NO. 2000-~I' (5UNl30W II - VILLAGCS 5-10) • CITY OF CI-IULA VISTA, COUNTY OF SAN DIEGO S`I'A'1'G OF CALIFORNIA n[a x nu u[ncr Dr n~ h{77 Huai w t;~o arY a 4NAA NS1A nX AY q'~yyy,`~ en_ ~,~{~ z a"Ir [r "a~xui N [rArr a [AYNWA .~ iiaionia[]¢ uiYwuu r n¢f iKi a[~1NAC1rNR SWa~mn-~, ni[ a{r ar N tltltlA WT rA11 G. [IAI[ M MAa near"o ~~ma'""a ilawr'~na~a~oru J d YF' gMAA N[IA irerr acuyau[A Y/ i:Aa No. a [Y.•o+-1,s><•pcY.~ •. A ' %.JA~' ~~~po -. ~~p'r1OG(~~~A T Ie 1 N[ rr [M or~ao. °f m'~~Y{n 111 d na~ d~X[~m • r>i CaIMIY A P[A 9T~AR Cf CA{YU[Hi rte'-{,~~ e {m uoo [u{a r-.~ 1W3~bgKAtwPWNGW 7 tfO.yW ~1~,J`:~~a~J~.o __.,. rpzgcngNp.'c~Nrux, l;I;,~.~~tiy.... HLUCE iG VILLAGE 9 •~ `.~ ~ [ ~~' - ~, NLLAGf ` (Sf w \;tifunGE e • ,~ ~ ~\ ~ ~\~, gt ~ ~~_ satooL , r ,~gE .~ ~ ~ 7~ roar ..~1.. P!'tpWSlt~f%i ` 1 HLUCe 7 ASSESSOR'S PARCEL NUMDERS FOR COMMUNITY FACILITIES DISTRICT N0. 200D-1 __ 641-020-19 (PORTION) (1) 841-060-07 (PORTION) (t) 641-122-06 (PORTION) (t) 644-011--03 (PORTION) (i) 644-011-04 (PORTION) (1} 644-020-O1 (PORTION) (1) (1) AS MODIFIED DY MAP /13917 e (FILE (/2000-0029050) LEDEND ..~.+ gfiYlOT rPWIPMY lA[.V{I M[A - A1{IAC[[ [-f0 YAfAQ GN{ PMC[l/N[[IOCXnK M{A IIN{ .Illitt~•w r.;~{,a.u~I. $' of I,je. r• "- ~ \ Y • VILLAGE b •{ Jo/ _~y"' ~ r\ "' '• 1vSCG1 GL MAri7'7N S~GF INC. _.... .' ...• l~ ~ b/Yll [nllnarlM Ld raanninl ~arASYiX ,~ C[mmwily Av[4pm[n/ lv611[ rAaieY lYwnP[ OT[Wl; Yemwm[nl ilo rAlnl /wow, du D[ 9-[ . ~ [riela YW cA /llltl r.l{ rrr.Pi~r<eYr ` LYI ~ uaarr-raltr -32100 YAY, aooo YI[[T 1 a 1 130UNDAI~Y MAP COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MICCU~L f~ANChI) CITY or Ctit1LA VISTA, COUNTY 01= SAN DIEGO ST"A'i'E Of= CALM=ORNIA inm w nee nrr~ c~~((YY na qn ar n1[ grti a qMM NeIA 11Y[~eY _ [0.p1. en . .'r3' ti ~° ~SVf i L ~ nFlYWii . . N en N W u°Fi.rr~or°~~n~~µW~p~+~ i~fi[[~1[°irv1a w 1116 p1WC WMiY Itl1ANn(11 d Ti[ [a1w1T cf 6/J1 p[aG CNYMNA WYIrY p[ j(AICTOr' Conformed i;,c?fl4 1LaENa .r.~.+x o .. ~~ u[rwol [auwMT - PMlifl WI[ x~rrrr..rr..~rx wPPaHY[Nt N,G na.NIaN1Y , p euu 11uu R:nL' PAW IMPROVEMENT AREA "9° IMPROVEMENT AREA ~~ P ~k3.( PG 43 ASSESSOR'S I'AROEL NUMr1ERS FOR COMMUNLTY FACILITIES DISTRICT N0. 2001-1 _____. ' 585-111-03-' 585-131-10 585-130-24 595-010--05~- 595-010-07 595-010-13- 595-010-14~ 595-030-27 595-030-28 595-030-35 'MCGILL ZrSAR1'1N SELF' INC. GIVII j1,I/IUPYIn[ /dMl AaNxiily $LLMY1Y,[ L ~ 'J/f t ZlYeil. a4w1 111a ~nY~~,- cnW¢ Yal., c~ CIS/0 YYe ~ pL 17/.11t.lfld !Lr tlt.ft8.ladY oPD~1- 07~783~' YG1gNn, f0a1 "[l 1 Cf 1 ~-~v~attrrr r~~a r~ --fix -z~.i~s AMENDED BOUNDARIES C)F COMMUNITY FACILITIES DISTRICT NO. 20D1-1 (SAN MIGUEL RANCH} CITY OF CHULA VISTA, COUNTY OF SRN DIEGO 5TATE OF CALIFORNIA W wb~tM ~t~Ot[A6e.46.I+ N~MO< ~ ii~n f~310PIYY 'm~OiinMTn owe ~I, {rylry~llr~~ ypp w~aeel~i r~mwa I~W~I~NOlxea~l}1I0I 1fY~/[IA~1R{ RIr WM0. V 1M[ n~l4!K eii ~dClf/mhN.~ xJff. e~M ~r~P pF ~ •ePniE eP a~.iltyi ~ r. ~ Q~~ Y~IIY on¢ ¢* n[ ~ eILOY01fo• He mlth V un ero4 rxenwla .. er. CWYW Y~IHY OXMN OP WI YFID iT1YC el vYlYn4. N I N tD tmrHo ~..r,r ~ ~ ~~ llfiPoCl B6MOMY iuowr.erw a..a, ~ Y~i¢aM W4lP,. v,T4matiMOOG .un ~ rurr..,..nw .,Y~ M~ .,.. _. .rflbAlel, ;~,~ eem..r e Y um e~ 1M1m ~(~,~J -IMPROVEMENT AREA '8' IMPROVEMENT AREA 'A' ~~~ `L IMPROVEMENT AREA -'R' 23, 28, 29, 37, 2 thrv 47 43 end 44 GIN 55 Nre 45 thru 34 ihru 29 fora e9 thlu 99 thm 44 thru 28 fora ]4 ihru 4] lnm 57 Nru 11 lhN 7O lhm SF urn sI iuranvvnttear ~ae~ a 595-111-OS 395-010-95, 17, 14 and 21 595-070-14 end 41 nn1C MrfeelcY K YM{ ro k ffstl011'! ~w! v n¢ •rsrnn re vu wwn ar aM ePUO i'vY ! KIMLa OPStW iqM W t,61 fMtil Yl1W 5H6 bY0MR5 Of DE PFe'Offe mwanv fw0llr3 e9vuct. Lp.MSMm'! Y W aMlt iOHlpl lPn ML DH X1M3 ~CUV(~4W6 eIOI YMR11 na eM Mao+ m meoMr vIr ra donuerr f/.GUT[! as~~PwyI~f~w~,4 mm-I'W raI6lMOf rc n[ FlYNY4vaA lhCIl0F0 uC1Wfl1 L ~ GO~pi~l~X6 Yd4~-lb W wet ]S VJFF N IIF IWt Nti ,~YY3Y~MT [i~Ik~[ Y¢ow+rld M Iaoilnle q~ ~~ti[ anlLL IdCGIU.mARTIN S)rJ.F INC. m,e rybwri.p ref n...:,,..na,,.ww s4l r m.I. s.u. Ion ChW Y{tlti GlIW! T U cLL~aS1iU the lII.IPl.Ild9 r ~f~ln-l/ nan~mr Rf~ 3q ! .. va W, - " .. ", ANNEXATION MAP NO. 1 OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) J N W O wmwmm~n.nmpryry 4uRnmp7Yn pLLA wafA X.SA!.`JMY pi.~~BW-/ty- MBL. .T ~ nr prc OV q4w ,nu 6TA1E n GNYUMA CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA IMPROVEMENT AREA "D' ANNEXATION PARCEL NUMF3ER FOR COMMUNITY FACIlIT1ES DISTRICT NO. 2001-} 595-030-14 -T , i pawn BnwpB""n~ ~ srAa a WBYWA ".,".rw°'.,:~v: ~,,, .+re. am n , Ypl(. TYS AwYYATYYI YM' MINL MUN Ipt NL ORIYB B6 TO TE ~~0 ~ IMPROVEMENT AREA "A" iaAp~I1MC ou r~rno~w>xaic~ x'"eroE. w"WY~ Yo° n~""Y'rc i _ - Bs¢~uY's YAPS n TE n m pYw1Y n YAX G[no eaY w OLTAIID piA}TBpI n M lwR MO BYMEWBn m AMLtt3 ANYYATd AIIPA ~ YIp110FE wTM m AYNOET 1pMiBRY IIBr 91Of YNS MALL e01flW M Nt 0[.lA1R WNGVIM- TIB 11EB Ni0 0BIFNflp16 n GIW PM[faY .~. ~ ~ ~ YSINI:Y BgMNtY 7 °~"`W MCG}LL MARTIN SELF INC. "..w ~~_~ar rr... WYIO'fYNT M[A -patlANY tYvp BnB1ru-sirp IaM NonMnB Bwwyknp IMPROVEMENT AREA "H" au r Bi...1 eau. w- ~~ ~ G%Wu Yyte L',1 BI-/0 Ieb~ la/9 fiL BIB - wo IMq ~ . . nr. ua~asaaSY rve r"Ea ~~_ ~ ~.~ wan nr q' .~ ~ Q~ yJ r~V ~+.7 BOUNDARY MAP COMMUNITY FACILITIES DISTRICT NO. 2~J01-2 (MCMILLIN OTAY RANCH VILLAGE SIX) r3ID N TC b1YlpI~F M a M ft ¢1Y ¢ pAM wrA Afti.-aAr a~~ amy ._-~.• r- 11A 111Y'q~l' GLV' arr ¢ pM~ w~u /rArt ¢ cxrw+A J IYgYT pllttY MAT TR M4utr WCAAY rAYi 4C ~YaMMO 01' DOWMTYA.aI WArci N0. idol-Y lfl[ I aIr a araA wYA, aMltY d~ ptppqq, soli or eAlYOnlu. }M N>II01®K Al! tlTY WnItR p TS a paAA wIA W7 A i1faAM n¢pMl TipKOr MO al Td CAT 1P~.E4,f~x 'I,Y,Y1¢. y~-419~~W~~L~M Ni~p fA ~"'"'~f7WMfiY~ pIY d aMA NfTA EfAIC ¢ CAIIIOIINA l[OEIIT ~- ~. ginYC! 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Y/.1M1 CA flpo ,Re c+ r.r ur.lsa.laa l.7 fbv IIi.Il6.N6> RR31 1 V ~ CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA ~k36 P~ ~a N 1 w N AMENDED C30UNDARIES OF Ct~MMUNITY FACILITIES [~ISTI~ICT I~1CJ. 00_x ' "EASTLAKE -WOODS, VISTAS AND LAND SWAP" 1MK MM .iWXW ePNVNiY YM EdM1W'Y I WfO ?8 N XtG/wa v 01-A f yBwAANW~YA 8f(tl{:INYp O ~ Tl QlY aK u BµfAMA CITY OF ChiULA VISTA, CC3l,lNTY OF SAN PIE©U STATE OF CALIFORNIA 1696.080.027) ASSESSOR'S PARCEL NUMBERS FOR COMMUNITY FACILITIES DISTRICT N0. 08-1 VISTAS (ZONE 1) 845-040-014 WOODS (ZQNE 2) 5g5-qs~0-tli7 595-080-031 595-080-032 595--D80-034 (PORTION) (i) 595-090-001 LANG SWAP 95'D ©049 643-020-041 543-020-045 643-020-048 843-030-013 (()) 643-070^005 ~t~~CORDED ON APRIL RaO~$,T2~NTIFICAR: EASTLAKE 03N1SFOR TRACT NO, b7-b9 XBtt~ eEIYXWCG W YiA 1P vfl fp40O YMKfA 6R~M1f'IK nNCMW K N[ cPUnlf M ff(( uCuXwmX w FYH fMUt .INM fw.wOMYf Ir MflCPMFY PYWK11 lKR1MC P1~INC1. MI MflffpYl Mn15 4i.W. GRMNX fql NL Ili G[YnlR GVK<MIW WPI rMtl~f f(ggWOII M8i Y' WMR18wlOMW McGTU. MARTIN ~LI.F Ixc. CYYY M84r aw~NnB laN A1sYxinB }Yat~B(Ke ~/f f1i Y 8fax4 9uYa fe8 lly~ljl (hu4t Y4a10. CA 818!8 IYQ 818.1]8.1]1] n..: fff.1)f.1faY f,amawff, faY ~Y[I I a I (3k36 PG ~1D 28 O.R~ - 07 8~l3 +l G lluV f>1r ~'"r`"~""' pETAII g .oKi P-IY+r NIS - ANNEXATION MAP NO. 1 OF COMMUNITY FACILITIES DISTRICT NO. Ofi I "EASTLAKE -WOODS, VISTAS AND LAND SWAP" J N I w EA) nJ~iA wu?r rc°;'I~s'En d ro W an d awr. RAIL d iMA µ~A Y ~'~ ;uP~. N(~~.. ITT r~ t mnn d iywl~ °"0t a m Lp"IrI douwL iWl x d duol~ rlmal ~ua~ii rJJm urt u.nuww Al L1 wN wr . un ~.."~r..,._.. , iYllt MW Q,ETAIL A ANN[:XATION PARCEL NUMBER FOR COMMUNITY FACIUTI[:5 DISTRICT N0. OB-T 1696-D84027) y /.~' • r ~ VIS7A5 ~.li .`f• IZONE 11 IMPROVEMENT AREq.•A' LAND SWAP ROVEMENT \REA 'EI' J ~ CIOTT~OTIl19t~ Capy WOODS 120NE 2f IMPROVEMENT AREA 'A"-^ 643-020-058 SEE DE7ALL A nus sliEEr~ NAP ._.-- ~ 1 ~~ LAND swap IMPROVEMENT AREA '8' CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFOFtN1A r ~~IU~rIloai i~t1+Mn~io[ I~i'-~ ~"Wtt Ay""'"'mii"`rr '"'"STiio "Q aar`s~.cnioawiw roil MCGIT.G M19YTN STSI+P,-TND. LYVA RIIIII~~Y 4N JYu""fM' iw+YIN .,, ~/, JN Y)'hv4 eM4 VII yl\'y.T•4KN.7 ~ JfaNa C.1 I/110 M 110.1 )iN ILa: II1JIi.IJir "mldl ~5~ ~. < f_ . BOUNQAr21ES OF COMMUNITY FACILITIES DISTRICT N4. 07-Y "BROQKFIELD SHEA OTAY VILLAGE ELEVEN" CITY OF CHULA VI3'iA, COUNTY OF 3AN DIEGO STATE OF CALIFORNIA J N I W pY i a uw L'YD O~ Y K a k d w V ZONE B ~~ R~WPy N~NZE p P ZONE A ~YMr~c ~'.`~.!% ASSESSOR'S PARCEL NUMBERS FQR COMMUNITY FACILITIES DISTRICT Na. 07-I fi43-070-07 sa3-mo-ofl XIIM11 P!I/IIfMQ. p YC"11f AW~Yi$ M1y H HNC T[ IA.MIY Cf ux vw00 ea n rn xemWraax or 6KM rAR61 WAYM 1K Y0.'YGH%Y a' nl~' M~IYVYL CCMIYMWIY YM{IOEY LVO1NGl. YW1 M}M!~'~ WpI r/ACfIC ,Yi iNE !~~ ~ THIS PORTION (®} IS NO?APART ~ NOT INTENDED TO HE (EASEMENT') INCLUDED IN THE FlNAL - DOUNUARY OF THE DISTRICT. V McGtu McRTIN 9$r.sp, ~I~t~tC~. LY,n( itiQ'~br.~wx /Yd /bmd,V BwwY~nli ,~ ~y/, ae1 s YWt SWM1 160 ,.a ~ [M„M Y4M, cx 1r016 >K nx ~xxulx PoS O)A1xx.13Q1 5M2f 1 0• 1 ~,D3- Y318Z N I W Cl ARE S1' DR . BOUNDARY MAP OF PROPOSED COMMUNITY FACILI1lE5 DISTRICT N0. 07M an a auu HsrA caMn tr sAN aeao SiAIE OF CNIF0RWA a+ccr i of z r[m x x xn.o[ v w[ an aw da !'~o[r v _,1,{y__ >m~ on xn~ [[n v xraa rsu ~inormw wtx Yw YVxwxrvoxnv ~v x~nnv a[u WG xYWd11' I[wrn x[n[f M0. [K an a rxu LN [us v oarada v.{xwuniorm [r M [rc v x[ on v xW .1 A [p1[NI IQxq t<, 1pp d Mt O v[a [rm [tzumaY YY -6r...~~:q..t.~ IMPROVEMENT °an °v°w.. vau AREA N0. 2 ne[ tw~L.Ar ~[r v ~~ my at x wr v (LAND SWAP) i'.°orma', exii[Mxx°iiY[[a[at~_ ~ O°['"'n [f M[ OOWn [[fA14P x 1[ Nxrt fs iN pro0, i a cY[ONa 'Iq'~41~~ aaUln ^ax[[[ sown o [d oa[o - cart v rxaxva 1[ lx[f YO Mgywa V [b~ IDr q 11i1CL dOW d w YN dNL [[ nxa l[O xx oYxdd[ q YIpYN d »[ aAN dW mxn at>Ea[m YM[ rd alas rams wrm. i ~[ ~gq~ xl uwio No r[~YlYnd'f Y ad u i n r~~M [v ua vuu rmxwc 2 o PKWY G~ e\G `~JI( ~~ O SO ~~ GREENSVIEW MuniFinancial ..~[ dy[ d..x. ~o ~, [er m r m ~..7[3[~w Wvw h. w[I [w-ws •^v^+[a aunuv ~ (j xa. 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Y aiovm oN YIE LLw nor vuornsiouuwru, rYVwYIE osrnwNFralmpa nemnan a me coux~r a a.w Neaq mire CNeGYM M WY y. mR, N R6 NO.IDp W 1®). ®Mu~iFinancial aalo-o8~~ EXHIBITS Fiscal Year 2009/2010 CFD Tables 12-46 EXHIBIT A Community Facilities District No. 97-1 (Otay Ranch Open Space Maintenance District) Land Use Maximum • Maximum Projected CateQOrv Rate Actual Rate Rate Rate Special Tax Area A: Estimated Revenue Residential $0.1110/sf $0.0082/sf $0.1117/sf $0.1117/sf Non-residential $1,505.26/acre $112.14/acre $1,514.59/acre $1,514.59/acre Vacant $1,702.81/acre $0.00/acre $1,713.37/acre $1,713.37/acre Estimated Revenue Special Tax Area A: ~ $1,118,645.00 Special Tax Area B: Residential $0.2603/sf $0.0509/sf $0.2619/sf $0.2619/sf Non-residential $3,342.40/acre $654.77/acre $3,363.12/acre $3,363.12/acre Vacant $3,779.62/acre $0.00/acre $3,803.05/acre $3,803.05/acre Estimated Revenue Special Tax Area B: $1,934,402.92 CFD 97-1, finances open space maintenance for Otay Ranch SPA One Villages One and Five, and consists of two Special Tax Areas. Area A covers the entire district and includes maintenance of pazkways, medians and regional trails along Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, La media Road and Olympic Parkway, Telegraph and Poggi Canyon detention basins, channels, and pedestrian bridges. Area B, which excludes the McMillin development, maintains connector trails, slopes and perimeter walls or fences along major streets in the district. The Fiscal Year 2009/2010 budget for Area A is $945,287 and for Area B is $1,294,654. 12-47 EXHIBIT B Community Facilities District No. 97-2 (Otay Ranch Preserve) 1 Land Use Maximum , Maximum , Projected Cate>rorv Rate Actual Rate Rate Rate Special Tax Area A: Estimated Revenue Residential $0.0165/sf $0.0165/sf $0.0166/sf $0.0]66/sf Non-residential $270.39/acre $270.39/acre $272.06/acre $272.06/acre Final Map $270.39/acre $75.65/acre $272.06/acre $272.06/acre Vacant $174.50/acre $0.00/acre $175.58/acre $175.58/acre Estimated Revenue Special Tax Area A: See Area C Relnw Special Tax Area B: Residential $0.0064/sf $0.00/sf $0.00648/sf $0.00648/sf Non-residential $104.49/acre $0.00/acre $105.14/acre $105.14/acre Final Map $104.49/acre $0.00/acre $105.14/acre $105.14/acre Vacant $67.43/acre $0.00/acre $67.85/acre $67.85/acre Estimated Revenue Special Tax Area B: See Area C Below Special Tax Area C: Residential $0.0171/sf $0.0171/sf $0.0178/sf $0.0178/sf Non-residential $276.90/acre $276.90/acre $287.57/acre $287.57/acre Final Map $276.90/acre $276.90/acre $287.57/acre $287.57/acre Vacant $178.70/acre $178.70/acre $185.70/acre $185.70/acre Estimated Revenue Special Tax Area A, B, and C: $525,339.17 CFD 97-2 finances perpetual preserve maintenance, operation and management, biota monitoring, preserve security, and preserve improvements in the Otay Ranch Preserve azea. The Fiscal Yeaz 2009/2010 budget for this district is set at $471,265. This budget was provided by the County staff, which works in accordance with City staff, together known as the Preserve Owner Manager (POM). 12-48 EXHIBIT C Community Facilities District No. 97-3 (Otay Ranch McMillin -Bond Issues) Land Use Maximum Maximum Projected Estimated Actual Rate Category -Rate Rate Rate Revenue Residential $0.3920/sf $0.3388/sf $0.3920/sf $0.3920/sf Commercial $4,000/acre $3,457.60/acre $4,000/acre $4,000/acre Community $1,000/acre $0.00/acre $1,000/acre $1,000/acre Pu ose Facili Undeveloped $7,954/acre $0.00/acre $7,954/acre $7,954/acre Property Owner $7 954/acre $0.00/acre $7,954/acre $7,954/acre Association Pro e Estimated Revenue: $1,033,798.27 CFD 97-3 was formed for the purpose of acquiring and financing public facilities improvements, such as portions of La Media Road and East Palomar Street, in Otay Ranch McMillin SPA One. Fiscal Yeaz 2009/2010 administrative costs for CFD 97-3 are set at or less than $75,000 (as given in the bond indenture), and scheduled debt service on the bonds to be paid from the Fiscal Yeaz 2009/20101evy is $818,304. 12-49 EXHIBIT D Land Use Community Facilities District No. 98-1 (Otay Project Interim Open Space Maintenance District) Maximum Rate Actual Rate Maximum Projected Estimated Rate Rate Revenue Taxable Property $135.64/acre $134.62/acre $136.48/acre $136.48/acre Estimated Revenue: $86,526.11 Community Facilities District No. 98-2 (Otay Project McMillin Interim Open Space Maintenance District) Land Use Maximum Maximum Projected Estimated Cate ory Rate Actual Rate Rate Rate Revenue Taxable Property $62.58/acre $0.00/acre $62.96/acre $0.00/acre Estimated Revenue: $0.00 CFDs 98-1 and 98-2 were created as interim districts because the azeas of Otay Ranch included these districts were not developed and the density of development was not yet known at the time that these districts were established. These districts were formed to provide a guazantee for financing of a portion of the cost of maintenance of portions of the pazkways and medians along Telegraph Canyon Road, Paseo Ranchero, and Olympic Pazkway. They also include the Telegraph and Poggi Canyon detention basins and channels allocable to the properties within these districts. Both CFD 98-1 and CFD 98-2 will remain in place until a permanent financing plan is established for the maintenance of the facilities, through the formation of new CFDs. A portion of CFD 98-1 has been absorbed by CFD 99-2 with other portions absorbed by CFDs 08-M, 12-M, and 13-M. The Fiscal Yeaz 2009/2010 budget for this district totals $104,916. A portion of CFD 98-2 has been taken over by maintenance district CFD 08-M with other portions of the district covered through CFD 12-M. None of the improvements in CFD 98-2 are expected to be turned over to the City in Fiscal Yeaz 2009/2010 and therefore no special taxes will be levied within this district in Fiscal yeaz 2009/2010. 12-50 EXHIBIT E Land Use Residential Commercial Industrial Undeveloped Community Facilities District No. 98-3 (Sunbow II Open Space Maintenance District No. 35) Maximum Actual Rate Rate $447.87/EDU $447.86/EDU $3,908.16/acre $3,908.16/acre $3,490.94/acre $0.00/acre $2,676.09/acre $13.38/acre Maximum Projected Rate Rate $460.96/EDU $460.96/EDU $4,022.39/acre $4,022.39/acre $3,592.98/acre $3,592.98/acre $2,754.31/acre $2,754.31/acre Estim ated Revenue: Estimated Revenue $1,285,815.41 CFD 98-3 finances open space maintenance in the Sunbow II development. This includes maintenance of street medians, pazlcways, slopes, drainage channels, and basins, and biological monitoring of native and re-vegetated open space. The Fiscal Yeaz 2009/2010 budget for this district totals $1,011,592. 12-51 EXIIIBIT F Community Facilities District No. 99-1 (Otay Ranch SPA I -Bond Issue) II' II' ~ II I Land Use Maximum Maximum Projected Estimated Cate o Rate Actual Rate Rate Rate Revenue Zone A (Village 1): Residential $0.28/sf $0.2135/sf $0.28/sf $0.28/sf Commercial $1,600/acre $1,220.16/acre $1,600/acre $1,600/acre Community $400/acre $0.00/acre $400/acre $400/acre Pu ose Facili Estimated Revenue Special Tax Area A: See Entire District Below Zone B (Village 5): Residential $400/DU+0.29/sf $305.04DU+0.22/sf $400/DU+0.29/sf $400/DU+0.29/sf Commercial $3,717/acre $0.00/acre $3,717/acre $3,717/acre Community $929/acre $0.00/acre $929/acre $929/acre Pu ose Facili Estimated Revenue Special Tax Area B: See Entire District Below Zone C (Village 1 West): Residential $400/DU+0.44/sf $305.04/DU+0.33/sf $400/DU+0.44/sf $400/DU+0.44/sf Commercial $4,266/acre $0.00/acre $4,266/acre $4,266/acre Community Pu ose Facili $1,066/acre $0.00/acre $1,066/acre $1,066/acre Estimated Revenue Special Tax Area C: See Entire _ District Below Entire District: Undeveloped $8,864/acre $0.00/acre $8,864/acre $8,864/acre Property Owner Association $8,864/acre $0.00/acre $8,864/acre $8,864/acre Pro e Estimated Revenue Special Tax Area C: $3,962,947.06 CFD 99-1 finances public improvements in a portion of Otay Ranch Village 1, Village 5 and Village 1 West. For CFD 99-1, administrative costs of $75,000 (as given in the bond indenture) and scheduled debt service on the bonds of $2,918,097 aze anticipated in Fiscal Year 2009/2010. 12-52 EXHIBIT G Community Facilities District No. 99-2 (Otay Ranch SPA 1, Village 1 West -Open Space Maintenance) Land Use Residential Undeveloped Maximum Rate $0.4645/sf $5,731.13/acre Actual Rate $0.2403/sf Maximum Rate $0.4674/sf Projected Rate $0.4674/sf $0.00/acre $5,766.66/acre $5,766.66/acre Estimated Revenue: Estimated Revenue $1,230,121.42 As verified by the City's Special District Counsel, property owners within the area of CFD 98-1 not included within CFD 99-2 will only be taxed for landscaped azeas from the centerline of Olympic Parkway south to the District boundary. CFD 99-2 has taken over the financing of that portion of costs of maintenance allocable to the property within CFD 98-1 fro the centerline of Olympic pazkway north to Telegraph Canyon Road. A total budget of $720,097 is for Fiscal Year 2009/2010. 12-53 EXHIBIT H Land Use Residential Community Facilities District No. 2000-1 (Sunbow II Villages 5 through 10 -Bond Issue) ~ i Maximum Maximum , Projected Rate Actual Rate Rate Rate $0.4400/sf $0.3827/sf $0.4400/sf $0.4400/sf Estimated Revenue Undeveloped $7,851/acre $0.00/acre $7,851/acre $7,851/acre Property Owner $7 g51/acre $0.00/acre $7,851/acre $7,851/acre Association Pro e Estimated Revenue: $666,624.64 CFD 2001-1 finances various public facilities serving the Sunbow II development such as Telegraph Canyon Road, Medical Center Road and East Palomar Street. For CFD 2000-1, administrative costs for Fiscal Yeaz 2009/2010 aze projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $503,837. 12-54 EXHIBIT I Community Facilities District No. 2001-1 (San Miguel Ranch -Bond Issue) i~ ~~ Land Use Maximum Maximum • Projected Cate~orv Rate Actual Rate Rate Rate Improvement Area A: Estimated Revenue Residential $475/DU+0.34/sf $412.82/DU+0.29/sf $475/DU+0.34/sf $475/DU+0.34/sf Commercial $5,091/acre $0.00/acre $5,091/acre $5,091/acre Undeveloped $10,376/acre $0.00/acre $10,376/acre $10,376/acre Estimated Revenue Improvement Area A: gee nnnre District Below Improvemeut Area B: Residential $475/DU+0.82/sf $475/DU+0.82/sf $475/DU+0.82/sf $475/DU+0.82lsf Commercial $4,000/acre $4,000/acre $4,000/acre $4,000/acre Undeveloped $10,444/acre $8,853.37/acre $10,444/acre $10,444/acre Zone 1) Undeveloped $4,444/acre 3,767.17/acre $4,444/acre $4,444/acre _ (Zone 2) Estmated Revenue Improvement Area B: gee nnrae District Below Estimated Revenue Entire District: $2,220,735.14 CFD 2001-1 is divided by SR-125 into two sepazate improvement areas, Improvement Area A (east of SR-125) and Improvement Area B (west of SR-125) and fmances various public facilities serving the San Miguel Ranch development such as Mount Miguel Road (East/West), Proctor Valley Road (East/West), Calle La Marina, Paseo Vera Cruz, and Calle La Quinta. For CFD 2001-1 Improvement Area A administrative costs for Fiscal Yeaz 2009/2010 aze projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area A bonds is $995,492. For CFD 2001-1 Improvement Area B, administrative costs for Fiscal Year 2009/2010 aze projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area B bonds is $830,280. 12-55 EXHIBIT J Community Facilities District No. 2001-2 (McMillin Otay Ranch, Village 6 -Bond Issue) ~~ Land Use .Maximum Maximum Projected Estimated Cate ory Rate Actual Rate Rate Rate Revenue Residential $440/DU+0.34/sf $384.69/DU+0.29/sf $440/DU+0.34/sf $440/DU+0.34/sf Non-residential $11,365/acre $0.00/acre $11,365/acre $11,365/acre Undeveloped $11,365/acre $0.00/acre $11,365/acre $11,365/acre Estimated Revenue: $894,191.40 CFD 2001-2 is located within Otay Ranch Village 6 and finances the backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc.) public facilities improvements and interim transportation facilities. The main facilities include Olympic Parkway, la Media Road, Birch pazkway, La Media Bridge, east Olympic Pazkway Bridge, and a Neighborhood Pazk. For CFD 2001-2, administration costs for Fiscal Yeaz 2009/2010 aze projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $709,445. 12-56 EXHIBIT K Community Facilities District No. 07-I (Otay Ranch Village 11-Bond Issue) Land Use Maximum Maximum Projected Estimated Category Density Rate Actual Rate Rate Rate Revenue Residential 0 to 8 $1,675/DU $1,675/DU $1,675/DU $1,675/DU Residential >8 to 20 $1,340/DU $1,340/DU $1,340/DU $1,340/DU Residential >20 $1,005/DU $1,OOSLDU $1,005/DU $1,005/DU Non-residential N/A $6,000/acre $0.00/acre $6,000/acre $6,000/acre ZoneA-Approved $13,955/acre $13,955/acre $13,955/acre $13,955lacre Pro e Zone B -Approved $24,218/acre $24,218/acre $24,218/acre $24,218/acre Pro e Zone A - Undeveloped $13,955/acre $0.00/acre $13,955/acre $13,955/acre Pro e Zone B - Undeveloped $24,218/acre $5,332.80/acre $24,218/acre $24,218/acre Pro e Zone A - Provisional $13,955/acre $0.00/acre $13,955/acre $13,955/acre Undevelo ed Zone B - Provisional $24,218/acre $0.00/acre $24,218/acre $24,218/acre Undevelo ed Estimated Revenue: $3,524,875.34 CFD 07-I fmances the acquisition or construction of certain public facilities (i.e,. grading, landscaping, streets, utilities, drainage, sewer, etc.) serving Brookfield Shea Otay project, as well as, selected "Traffic Enhancement" facilities within the greater eastern territories of Chula Vista. The Brookfield Shea Otay project is bounded on the south and east by Hunte Pazkway, a curving arterial from south to northeast. Olympic Pazkway forms the northern edge and to the west is the extension of Eastlake Pazkway. The administration costs for Fiscal Year 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $2,902,657. 12-57 EXHIBIT L Community Facilities District No. 08-M (McMillin Otay Ranch and Otay Ranch Village 6 -Open Space Maintenance) 1 t t t Land Use Maximum Maximum Projected Estimated Category ,Rate Actual Rate Rate Rate Revenue Improvement Area 1: Residential $0.4289/sf $0.2819/sf $0.4455/sf $0.4455/sf Multi-family $0.3161/sf $0.207$/sf $0.3284/sf $0.3284/sf Non-residential $2,682.47/acre $0.00/acre $2,785.85/acre $2,785.85/acre Final Map $7,116.86/acre $0.00/acre $7,391.13/acre $7,391.13/acre Other taxable - Residential $7,116.86/acre $0.00/acre $7,391.13/acre $7,391.13/acre Other taxable- Multi-famil $6,625.31/acre $0.00/acre $6,880.64/acre $6,880.64/acre Other taxable - Non-residential $2 682.47/acre $0.00/acre $2,785.85/acre $2,785.85/acre Property Assoc. Pro e $7,116.86/acre $0.00/acre $7,391.13/acre $7,391.13/acre Estimated Revenue Area 1: I $710,405.12 Improvement Area 2: Residential $0.2205/sf $0.1858/sf $0.2290/sf $0.2290/sf Multi-family $0.2205/sf $0.1858/sf $0.2290/sf $0.2290/sf Non-residential $4,568.47/acre $0.00/acre $4,744.54/acre $4,744.54/acre Final Map $4,568.47/acre $0.00/acre $4,744.54/acre $4,744.54/acre Other taxable $4,568.47/acre $0.00/acre $4,744.54/acre $4,744.54/acre Property Assoc. Pro e $4,568.47/acre $0.00/acre $4,744.54/acre $4,744.54/acre Estimated Revenue Area 2: $438,405.16 CFD 08-M finances the perpetual operation and maintenance of slopes, medians, pazkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 6, McMillin Otay Ranch and Otay Ranch Company. The budgets for Fiscal Yeaz 2009/2010 aze $575,300 for Improvement Area 1 and $359,711 for Improvement Area 2. 12-58 EXHIBIT M Community Facilities District No. 08-I (Otay Ranch Village Six -Bond Issue) l i , Land Use Maximum Actual Rate Maximum Projected Estimated Cate ory Rate Rate Rate Revenue Residential $800/DU+0.35/sf $740.32/DU+0.32/sf $800/DU+0.35/sf $800/DU+0.35/sf Non-residential $6,000/acre $0.00/acre $6,000/acre $6,000/acre ZoneA- $16,858/acre $0.00/acre $16,858/acre $16,858/acre Undevelo ed Zone B - $26,445/acre $0.00/acre $26,445/acre $26,445/acre Undevelo ed Zone A - Provisional $16,858/acre $0.00/acre $16,858/acre $16,858/acre Undevelo ed Zone B - Provisional $26,445/acre $0.00/acre $26,445/acre $26,445/acre Undevelo ed Estimated Revenue: $1,828,224.90 CFD 08-I finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc.), public facilities, DIF improvements and Traffic Enhancement Facilities within Otay Ranch Village Six. This district is divided into Zones A and B. The administrative costs for Fiscal Yeaz 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt ser vice on the bonds is $1,544,294. 12-59 EXHIBIT N Community Facilities District No. 09-M (OtayRanch Village 11-Broo~eld Shea) Land Use Density Maximum Actual Maximum Rate Rate Rate Projected Estimated Rate Revenue Developed: Residential 0 to 8 $554.44/DU $328.33/DU $575.81/DU $575.81/DU Residential >8 to 20 $443.55/DU $262.67/DU $460.64/DU $460.64/DU Residential >20 $332.65/DU $196.99/DU $345.47/DU $345.47/DU Non-residential N/A $2,129.10/acre $0.00/acre $2,211.15/acre $2,211.15/acre Undeveloped: Approved Property $2,129.10/acre $0.00/acre $2,211.15/acre $2,211.15/acre Undeveloped $2,129.10/acre Pro e $0.00/acre $2,211.15/acre $2,211.15/acre Taxable Property Owner Association $2,129.10/acre $0.00/acre $2,211.15/acre $2,211.15/acre Pro e Estimated Revenue: $826,677.78 CFD 09-M fmances the perpetual operafion and maintenance of slopes, medians, pazkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 11, Brookfield Shea Otay. The Fiscal Yeaz 2009/2010 budget is estimated to be $926,540. 12-60 EXHIBIT O Community Facilities District No. 11-M (Rolling Hills Ranch McMillin -Open Space Maintenance) Land Use Cate ory Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Residential $361.39/DU $55.11/DU $375.32/DU $375.32/DU Non-residential $736.60/acre $0.00/acre $764.99/acre $764.99/acre Final Map $736.60/acre $0.00/acre $764.99/acre $764.94/acre Other taxable $736.60/acre $0.00/acre $764.99/acre $764.99/acre Property Assoc. $736.60/acre $0.00/acre $764.99/acre $764.99/acre Estimated Revenue: ~ $92,515.84 CFD I I-M finances the perpetual operation, monitoring and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub Area III. The Fiscal Year 2009/2010 budget is estimated to be $110,608. 12-61 EXHIBIT P Community Facilities District No. 12-M (McMillin Otay Ranch and Otay Ranch Village Seven -Open Space Maintenance) lt~ Land Use Category Maximum Maximum Projected Estimated Rate Actual Rate Rate Rate Revenue Developed: Improvement Area 1- Residential $0.4157/sf $0.4157/sf $0.4317/sf $0.4317/sf Improvement Area 1 - Non-residential $g 174.08/acre $0.00/acre $8,489.10/acre $8,489.10/acre ImprovementArea2- Residential $0.5680/sf $0.5680/sf $0.5899/sf $0.5899/sf Improvement Area - Non-residential $9,148.50/acre $0.00/acre $9,501.08/acre $9,501.08/acre Undeveloped: Improvement Area 1- Final Ma $g 174.08/acre $2,803.70/acre $8,489.10/acre $8,489.10/acre Improvement Area 1- Other Taxable Pro e $g 174.08/acre $0.00/acre $8,489.10/acre $8,489.10/acre Improvement Area 1- Taxable Property Owner $8,174.08/acre $0.00/acre $8,489.10/acre $8,489.10/acre Assoc. Pro e LnprovementArea2- Final Ma $9,148.50/acr $5,271.36/acre $9,501.08/acre $9,501.08/acre ImprovementArea2- Other Taxable Pro e $9,148.50/acr $0.00/acre $9,501.08/acre $9,501.08/acre Improvement Area 2 - Taxable Property Owner $9,148.50/acr $0.00/acre $9,501.08/acre $9,501.08/acre Association Pro e Estimated Revenue: ~ $945,530.37 CFD 12-M provides the finances for the perpetual operation and maintenance of landscaping and storm water quality improvements associated with McMillin Otay Ranch and Otay Ranch Village 7. Improvement Area 1 generally lies south of Birch Road, east of Magdalena Avenue, and west of SR-125. Improvement Area 2 is generally located east of La Media Road, south of Birch Road, and west of Magdalena Avenue. The budgets for Fiscal Yeaz 2009/2010 aze $482,790 for Improvement Area No. 1 and $521,723 for Improvement Area No. 2. 12-62 EXHIBIT Q Land Use Category Residential Non-residential Zone A - Undeveloped Zone B - Undeveloped Zone A - Contineent Taxable Community Facilities District No. 12-I (McMillin Otay Ranch Village Seven -Bond Issue) Maximum Actual Rate Rate $890/DU+0.79/sf $890/DU+0.79/sf $6,000/acre $0.00/acre $24,383/acre ~ $15,556.35/acre $41,621/acre $26,554.19/acre $24,383/acre $0.00/acre Maximum Rate Projected Rate Estimated Reveuue $890/DU+0.79/sf $890/DU+0.79/sf $6,000/acre $6,000/acre $24,383/acre $24,383/acre $41,621/acre $41,621/acre $24,383/acre $24,383/acre Zone B - $41,621/acre $0.00/acre $41,621/acre $41,621/acre Contineent Taxable Estimated Revenue: ~ $2,078,588.73 CFD 12-I fmances the construction of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc.), public facilities, and DIF improvements within McMillin's portion of Otay Ranch Village Seven. This district is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,475,713. 12-63 EXIIIBIT R Community Facilities District No. 13-M (Otay Ranch Village Two) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Residential $0.4763/sf $0.00/DU $0.4949/sf $0.4949/sf Non-residential $7,959.21/acre $0.00/acre $8,277.58/acre $8,277.58/acre Final Map $7,959.21/acre $0.00/acre $8,277.58/acre $8,277.58/acre Other taxable $7,959.21/acre $81.18/acre $8,277.58/acre $8,277.58/acre Taxable Property OwnerAssooc. $7,959.21/acre $0.00/acre $8,277.58/acre $8,277.58/acre Estimated Revenue Estimated Revenue: ~ $5,757,214.96 CFD 13-M provides the necessary funding for the perpetual operation and maintenance of public landscaping, storm water quality, walls, fencing, trails, pedestrian bridges, and lighting improvements for Otay Ranch Village Two. Otay Ranch Village Two lies south of Olympic Parkway, west of La Media Road, and west of the Landfill Site. No public improvements are expected to be turned over to the City in Fiscal Year 2009/2010. The budget for Fiscal Year 2009/2010 is $4,217. 12-64 EXHIBIT S Community Facilities District No. 13-I (Otay Ranch Village Seven) 11' II' ' I I , I Land Use Maximum Actual Rate Maximum Projected Rate Estimated Category Rate Rate Revenue Residential $2,750/DU+0.45/sf $2,750/DU+0.45/sf $2,750/DU+0.45/sf $2,750/DU+0.45/sf Non- $6,000/acre $0.00/acre $6,000/acre $6,000/acre residential ZoneA- $59 505/acre $44,664.45/acre $59,505/acre $59,505/acre Undevelo ed , ZoneB- $37,818/acre $28,386.19/acre $37,818/acre $37,818/acre Undevelo ed Zone A - Contingent $59,505/acre $0.00/acre $59,505/acre $59,505/acre Taxable Zone B - Contingent $37,818/acre $0.00/acre $37,818/acre $37,818/acre Taxable Estimated Revenue: ~ $1,406,958.63 CFD 13-I finances the construction of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc), public facilities, and DIF improvements within Otay Ranch Village Seven. This district is divided into zone A and Zone B. The administrative costs for Fiscal Yeaz 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,097,138. 12-65 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2009/2010 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98- 1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08- M, 09-M, 11-M, 12-I, 12-M, 13-I AND 13-M; AND DELEGATING TO THE CITY MANAGER OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT WHEREAS, the maximum Special Tax rates for Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M; authorized; pursuant to the approved rate and method of apportionment of special taxes for each respective community facilities district, to be levied for Fiscal Yeaz 2009/2010 are set forth in Exhibits A through S, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, this City Council desires to establish the maximum Special Tax rate that may be levied in Community Facilities Districts 97-1, 97-2, 97-3, 98-I, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M in Fiscal Year 2009/2010 at the rates as set forth in Exhibits A through S hereto and to delegate to and designate the City Manager as the official to prepare a certified list of all pazcels subject to the Special Tax levy for each community facilities district including the amount of such Special Tax to be levied on each pazcel for Fiscal Yeaz 2009-2010 as authorized by Govemment Code Section 53340. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista acting as the legislative body of Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M respectively, as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. This City Council does hereby establish the maximum Special Tax rates that may be levied for Fiscal Year 2009/2010 in Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M as the rates set forth in Exhibits A through S attached hereto. SECTION .3. Pursuant to Government Code 53340, this City Council hereby delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all pazcels subject to the levy of the Special Tax within the community facilities district to which this resolution applies including the amount of the Special Tax to be levied on each pazcel for Fiscal Yeaz 2009/2010 and to file such list with the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of such auditor. 12-66 Resolution No. 2009- Page 2 The amount of the Special Tax to be levied on each such pazcel shall be based upon the budget for each such community facilities district as previously approved by this City Council and shall not exceed the maximum Special Tax as set forth in Exhibits A through S hereto applicable to the community facilities district in which such pazcel being taxed is located. Presented by Richard A. Hopkins Director of Public Works 12-67 Approved as to form by EXFIIBIT A Community Facilities District No. 97-1 (Otay Ranch Open Space Maintenance District) II' II' II I I Land Use Maximum , Maximum Projected Estimated Actual Rate Rate Rate Revenue CateQOrv Rate Special Tax Area A: Residential $0.1110/sf $0.0082/sf $0.1117/sf $0.1117/sf Non-residential $1,505.26/acre $112.14/acre $1,514.59/acre $1,514.59/acre Vacant $1,702.81/acre $0.00/acre $1,713.37/acre $1,713.37/acre Estimated Revenue Special Tax Area A: ~ $1,118,645.UU Special Tax Area B: Residential $0.2603/sf $0.0509/sf $0.2619/sf $0.2619/sf Non-residential $3,342.40/acre $654.77/acre $3,363.12/acre $3,363.12/acre Vacant $3,779.62/acre $0.00/acre $3,803.05/acre $3,803.05/acre Estimated Revenue Special Tax Area B: ~ $1,934,401.91 CFD 97-1, finances open space maintenance for Otay Ranch SPA One Villages One and Five, and consists of two Special Tax Areas. Area A covers the entire district and includes maintenance of pazkways, medians and regional trails along Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, La media Road and Olympic Pazkway, Telegraph and Poggi Canyon detention basins, channels, and pedestrian bridges. Area B, which excludes the McMillin development, maintains connector trails, slopes and perimeter walls or fences along major streets in the district. The Fiscal Year 2009/2010 budget for Area A is $945,287 and for Area B is $1,294,654. 12-68 EXHIBIT B Community Facilities District No. 97-2 (Otay Ranch Preserve) ~l' 1 ~l Land Use Maximum , Maximum ' Projected Category Rate Actual Rate Rate Rate Special Tax Area A: Estimated Revenue Residential $0.0165/sf $0.0165/sf $0.0166/sf $0.0166/sf Non-residential $270.39/acre $270.39/acre $272.06/acre $272.06/acre Final Map $270.39/acre $75.65/acre $272.06/acre $272.06/acre Vacant $174.50/acre $0.00/acre $175.58/acre $175.58/acre Estimated Revenue Special Tax Area A: See Area C Below Special Tax Area B: Residential $0.0064/sf $0.00/sf $0.00648/sf $0.00648/sf Non-residential $104.49/acre $0.00/acre $105.14/acre $105.14/acre Final Map $104.49/acre $0.00/acre $105.14/acre $105.14/acre Vacant $67.43/acre $0.00/acre $67.85/acre $67.85/acre Estimated Revenue Special Tax Area B: See Area C Below Special Tax Area C: Residential $0.0171/sf $0.0171/sf $0.0178/sf $0.0178/sf Non-residential $276.90/acre $276.90/acre $287.57/acre $287.57/acre Final Map $276.90/acre $276.90/acre $287.57/acre $287.57/acre Vacant $178.70/acre $178.70/acre $185.70/acre $185.70/acre Estimated Revenue Special Tax Area A, B, and C: $525,339.17 CFD 97-2 finances perpetual preserve maintenance, operation and management, biota monitoring, preserve security, and preserve improvements in the Otay Ranch Preserve area. The Fiscal Year 2009/2010 budget for this district is set at $471,265. This budget was provided by the County staff, which works in accordance with City staff, together known as the Preserve Owner Manager (POM). 12-69 EXHIBIT C Community Facilities District No. 97-3 (Otay Ranch McMillin -Bond Issues) Land Use Residential Commercial Undeveloped Property Owner Maximum Actual Rate Rate $0.3920/sf $0.3388/sf $4,000/acre $3,457.60/acre $1,000/acre $0.00/acre $7,954/acre $0.00/acre $7,954/acre $0.00/acre Maximum Rate Projected Rate $0.3920/sf $0.3920/sf $4,000/acre $4,000/acre $1,000/acre $1,000/acre $7,954/acre $7,954/acre $7,954/acre $7,954/acre Estimated Revenue: Estimated Revenue $1,033,798.27 CFD 97-3 was formed for the purpose of acquiring and financing public facilities improvements, such as portions of La Media Road and East Palomar Street, in Otay Ranch McMillin SPA One. Fiscal Year 2009/2010 administrative costs for CFD 97-3 are set at or less than $75,000 (as given in the bond indenture), and scheduled debt service on the bonds to be paid from the Fiscal Yeaz 2009/20101evy is $818,304. 12-70 EXHIBIT D Land Use Community Facilities District No. 98-1 (Otay Project Interim Open Space Maintenance District) Maximum Rate Actual Rate Maximum Projected Estimated Rate Rate Revenue Taxable Property $135.64/acre $134.62/acre $136.48/acre $136.48/acre Estimated Revenue: $86,526.11 Community Facilities District No. 98-2 (Otay Project McMillin Interim Open Space Maintenance District) Land Use Maximum Rate Actual Rate Maximum Projected Estimated Rate Rate Revenue Taxable Property $62.58/acre $0.00/acre $62.96/acre $0.00/acre Estimated Revenue: $0.00 CFDs 98-1 and 98-2 were created as interim districts because the areas of Otay Ranch included these districts were not developed and the density of development was not yet known at the time that these districts were established. These districts were formed to provide a guarantee for financing of a portion of the cost of maintenance of portions of the parkways and medians along Telegraph Canyon Road, Paseo Ranchero, and Olympic Parkway. They also include the Telegraph and Poggi Canyon detention basins and channels allocable to the properties within these districts. Both CFD 98-1 and CFD 98-2 will remain in place until a permanent financing plan is established for the maintenance of the facilities, through the formation of new CFDs. A portion of CFD 98-1 has been absorbed by CFD 99-2 with other portions absorbed by CFDs 08-M, 12-M, and 13-M. The Fiscal Yeaz 2009/2010 budget for this district totals $104,916. A portion of CFD 98-2 has been taken over by maintenance district CFD 08-M with other portions of the district covered through CFD 12-M. None of the improvements in CFD 98-2 are expected to be turned over to the City in Fiscal Year 2009/2010 and therefore no special taxes will be levied within this district in Fiscal year 2009/2010. 12-71 EXHIBIT E Community Facilities District No. 98-3 (Sunbow II Open Space Maintenance District No. 35) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Residential $447.87/FDU $447.86/EDU $460.96/BDU $460.96/EDU Commercial $3,908.16/acre $3,908.16/acre $4,022.39/acre $4,022.39/acre Industrial $3,490.94/acre $0.00/acre $3,592.98/acre $3,592.98/acre Undeveloped $2,676.09/acre $13.38/acre $2,754.31/acre $2,754.31/acre Estimated Revenue: $1,285,815.41 CFD 98-3 finances open space maintenance in the Sunbow II development. This includes maintenance of street medians, parkways, slopes, drainage channels, and basins, and biological monitoring of native and re-vegetated open space. The Fiscal Year 2009/2010 budget for this district totals $1,011,592. 12-72 EXHIBIT F Community Facilities District No. 99-1 (Otay Ranch SPA I -Bond Issue) Zone A (Village 1): Residential $0.28/sf $0.2135/sf $0.28/sf $0.28/sf Commercial $1,600/acre $1,220.16/acre $1,600/acre $1,600/acre Community Pu ose Facili $400/acre $0.00/acre $400/acre $400/acre Estimated Revenue Special Tax Area A: See Entire District Below Zone B (Village 5): Residential $400/DU+0.29/sf $305.04DU+0.22/sf $400/DU+0.29/sf $400/DU+0.29/sf Commercial $3,717/acre $0.00/acre $3,717/acre $3,717/acre Community P o F ili $929/acre $0.00/acre $929/acre $929/acre u se ac Estimated Revenue Special Tax Area B: See Entire District Below Zone C (Village 1 West): Residential $400/DU+0.44/sf $305.04/DU+0.33/sf $400/DU+0.44/sf $400/DU+0.44/sf Commercial $4,266/acre $0.00/acre $4,266/acre $4,266/acre Community Pu ose Fa ili $1,066/acre $0.00/acre $1,066/acre $1,066/acre c Estimated Revenue Special Tax Area C: See Entire District Below Entire District: Undeveloped $8,864/acre $0.00/acre $8,864/acre $8,864/acre Property Owner Association $8,864/acre $0.00/acre $8,864/acre $8,864/acre Pro e Estimated Revenue Special Tax Area C: $3,962,947.06 CFD 99-1 finances public improvements in a portion of Otay Ranch Village 1, Village 5 and Village 1 West. For CFD 99-1, administrative costs of $75,000 (as given in the bond indenture) and scheduled debt service on the bonds of $2,918,097 are anticipated in Fiscal Year 2009/2010. 12-73 EXHIBIT G Community Facilities District No. 99-2 (Otay Ranch SPA 1, Village 1 YVest -Open Space Maintenance) Land Use Residential Undeveloped Maximum Rate $0.4645/sf $5,731.13/acre Actual Rate $0.2403/sf $0.4674/sf Projected Rate $0.4674/sf $0.00/acre $5,766.66/acre $5,766.66/acre Estimated Revenue: Estimated Revenue $1,230,121.42 As verified by the City's Special District Counsel, property owners within the area of CFD 98-1 not included within CFD 99-2 will only be taxed for landscaped areas from the centerline of Olympic Parkway south to the District boundary. CFD 99-2 has taken over the financing of that portion of costs of maintenance allocable to the property within CFD 98-1 fro the centerline of Olympic parkway north to Telegraph Canyon Road. A total budget of $720,097 is for Fiscal Year 2009/2010. Maximum Rate 12-74 EXHIBIT H Community Facilities District No. 2000-1 (Sunbow II Villages 5 through 10 -Bond Issue) Land Use Maximum Maximum Actual Rate Projected Estimated Category Rate Rate Rate Revenue Residential $0.4400/sf $0.3827/sf $0.4400/sf $0.4400/sf Undeveloped $7,851/acre $0.00/acre $7,851/acre $7,851/acre Property Owner $7,851/acre Association Pro erty $0.00/acre $7,851/acre $7,851/acre Estimated Revenue: $666,624.64 CFD 2001-1 finances various public facilities serving the Sunbow II development such as Telegraph Canyon Road, Medical Center Road and East Palomaz Street. For CFD 2000-1, administrative costs for Fiscal Yeaz 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $503,837. 12-75 EXHIBIT I Community Facilities District No. 2001-1 (San Miguel Ranch -Bond Issue) I I' ll I Land Use Maximum Maximum Projected Estimated CateEOrv Rate Actual Rate Rate Rate Reveuue Improvement Area A: Residential $475/DU+0.34/sf $412.82/DU+0.29/sf $475/DU+0.34/sf $475/DU+0.34/sf Commercial $5,091/acre $0.00/acre $5,091/acre $5,091/acre Undeveloped $10,376/acre $0.00/acre $10,376/acre $10,376/acre occ nuuic Estimated Revenue Improvement Area A: District Below Improvement Area B: Residential $475/DU+0.82/sf $475/DU+0.82/sf $475/DU+0.82/sf $475/DU+0.82/sf Commercial $4,000/acre $4,000/acre $4,000/acre $4,000/acre Undeveloped $10,444/acre $8,853.37/acre $10,444/acre $10,444/acre (Zone 1) Undeveloped (Zone 2) $4,444/acre 3,767.17/acre $4,444/acre $4,444/acre Jcc G3ILIIG Estimated Revenue Improvement Area B: District Below Estimated Revenue Eutire District: $2,220,735.14 CFD 2001-1 is divided by SR-125 into two sepazate improvement areas, Improvement Area A (east of SR-125) and Improvement Area B (west of SR-125) and finances various public facilities serving the San Miguel Ranch development such as Mount Miguel Road (East/West), Proctor Valley Road (East/West), Calle La Marina, Paseo Vera Cruz, and Calle La Quinta. For CFD 2001-1 Improvement Area A administrative costs for Fiscal Year 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area A bonds is $995,492. For CFD 2001-1 Improvement Area B, administrative costs for Fiscal Year 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area B bonds is $830,280. 12-76 EXHIBIT J Community Facilities District No. 2001-2 (McMillin Otay Ranch, Village 6 -Bond Issue) II' I ' II ' II I Land Use Maximum Maximum Projected Estimated Category Rate Actual Rate Rate Rate Revenue Residential $440/DU+p.34/sf $384.69/DU+0.29/sf $440/DU+0.34/sf $440/DU+0.34/sf Non-residential $11,365/acre $0.00/acre $11,365/acre $11,365/acre Undeveloped $11,365/acre $0.00/acre $11,365/acre $11,365/acre Estimated Revenue: $894,191.40 CFD 2001-2 is located within Otay Ranch Village 6 and finances the backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc.) public facilities improvements and interim transportation facilities. The main facilities include Olympic Pazkway, la Media Road, Birch pazkway, La Media Bridge, east Olympic Pazkway Bridge, and a Neighborhood Pazk. For CFD 2001-2, administration costs for Fiscal Yeaz 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $709,445. 12-77 EXHIBIT K Community Facilities District No. 07-I (Otay Ranch Village I1-Bond Issue) Land Use Category Density Maximum Rate Actual Rate Maximum Rate Projected Rate Residential Oto8 $1,675/DU $1,675/DU $1,675/DU $1,675/DU Residential >8 to 20 $1,340/DU $1,340/DU $1,340/DU $1,340/DU Residential >20 $1,005/DU $1,005/DU $1,005/DU $1,005/DU Non-residential N/A $6,000/acre $0.00/acre $6,000/acre $6,000/acre ZoneA-Approved Pro erty $13,955/acre $13,955/acre $13,955/acre $13,955/acre Zone B -Approved Pro erty $24,218/acre $24,218/acre $24,218/acre $24,218/acre Zone A - Undeveloped $13,955/acre $0.00/acre $13,955/acre $13,955/acre Zone B - Undeveloped $24,218/acre $5,332.80/acre $24,218/acre $24,218/acre Pro erty Zone A - Provisional $13,955/acre $0.00/acre $13,955/acre $13,955/acre Zone B - Provisiona] $24,218/acre $0.00/acre $24,218/acre $24,218/acre Estimated Revenue Estimated Revenue: ~ $3,524,875.34 CFD 07-I finances the acquisition or construction of certain public facilities (i.e,. grading, landscaping, streets, utilities, drainage, sewer, etc.) serving Brookfield Shea Otay project, as well as, selected "Traffic Enhancement" facilities within the greater eastern territories of Chula Vista. The Brookfield Shea Otay project is bounded on the south and east by Hunte Pazkway, a curving arterial from south to northeast. Olympic Parkway forms the northern edge and to the west is the extension of Eastlake Pazkway. The administration costs for Fiscal Yeaz 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $2,902,657. 12-78 EXHIBIT L Community Facilities District No. 08-M (McMillin Otay Ranch and Otay Ranch Village 6 -Open Space Maintenance) l~ 11 I I I 11 I Land Use Maximum, Maximum Projected Estimated Category Rate Actual Rate Rate Rate Revenue Improvement Area 1: Residential $0.4289/sf $0.2819/sf $0.4455/sf $0.4455/sf Multi-family $0.3161/sf $0.2078/sf $0.3284/sf $0.3284/sf Non-residential $2,682.47/acre $0.00/acre $2,785.85/acre $2,785.85/acre Final Map $7,116.86/acre $0.00/acre $7,391.13/acre $7,391.13/acre Other taxable- $7 116.86/acre $0.00/acre $7,391.13/acre $7,391.13/acre Residential , Other taxable- $6 625.31/acre $0.00/acre $6,880.64/acre $6,880.64/acre Multi-famil , Other taxable - $2 682.47/acre $0.00/acre $2,785.85/acre $2,785.85/acre Non-residential Property Assoc. $7,116.86/acre $0.00/acre $7,391.13/acre $7,391.13/acre Pro erty Estimated Revenue Area 1: $710,405.12 Improvement Area 2: Residential $0.2205/sf $0.1858/sf $0.2290/sf $0.2290/sf Multi-family $0.2205/sf $0.1858/sf $0.2290/sf $0.2290/sf Non-residential $4,568.47/acre $0.00/acre $4,744.54/acre $4,744.54/acre Final Map $4,568.47/acre $0.00/acre $4,744.54/acre $4,744.54/acre Other taxable $4,568.47/acre $0.00/acre $4,744.54/acre $4,744.54/acre Property Assoc. Pro erty $4,568.47/acre $0.00/acre $4,744.54/acre $4,744.54/acre Estimated Revenue Area 2: ~ $438,405.16 CFD 08-M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 6, McMillin Otay Ranch and Otay Ranch Company. The budgets for Fiscal Year 2009/2010 are $575,300 for Improvement Area 1 and $359,711 for Improvement Area 2. 12-79 EXHIBIT M Community Facilities District No. 08-I (Otay Ranch Village Six -Bond Issue) li• i 1 ~ i ~ it i Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential $800/DU+0.35/sf $740.32/DU+0.32/sf $800/DU+0.35/sf $800/DU+0.35/sf Non-residential $6,000/acre $0.00/acre $6,000/acre $6,000/acre ZoneA- $16,858/acre $0.00/acre $16,858/acre $16,858/acre Undevelo ed Zone B - $26,445/acre $0.00/acre $26,445/acre $26,445/acre Undevelo ed Zone A - Provisional $16,858/acre $0.00/acre $16,858/acre $16,858/acre Undevelo ed Zone B - Provisional $26,445/acre $0.00/acre $26,445/acre $26,445/acre Undevelo ed Estimated Revenue: ~ $1,828,224.9U CFD 08-I finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc.), public facilities, DIF improvements and Traffic Enhancement Facilities within Otay Ranch Village Six. This district is divided into Zones A and B. The administrative costs for Fiscal Year 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt ser vice on the bonds is $1,544,294. 12-80 EXHIBIT N Community Facilities District No. 09-M (Otay Ranch Village 11- Brool~eld Shea) Land Use Density Maximum Rate Actual Maximum Rate Rate Projected Estimated Rate Revenue Developed: Residential 0 to 8 $554.44/DU $328.33/DU $575.81/DU $575.81/DU Residential >8 to 20 $443.55/DU $262.67/DU $460.64/DU $460.64/DU Residential >20 $332.65/DU $196.99/DU $345.47/DU $345.47/DU Non-residential N/A $2,129.10/acre $0.00/acre $2,211.15/acre $2,211.15/acre Undeveloped: Approved Property $2,129.10/acre $0.00/acre $2,211.15/acre $2,211.15/acre Undeveloped $2,129.10/acre $0.00/acre $2,211.15/acre $2,211.15/acre PTl1TPIY{/ Owner Association $2,129.10/acre ~ $0.00/acre ~ $2,211.15/acre ~ $2,211.15/acre Estimated Revenue: ~ $826,677.78 CFD 09-M finances the perpetual operation and maintenance of slopes, medians, pazkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 11, Brookfield Shea Otay. The Fiscal Yeaz 2009/2010 budget is estimated to be $926,540. 12-81 EXHIBIT O Community Facilities District No. 11-M (Rolling Hills Ranch McMillin -Open Space Maintenance) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Residential $361.39/DU $55.11/DU $375.32/DU $375.32/DU Non-residential $736.60/acre $0.00/acre $764.99/acre $764.99/acre Final Map $736.60/acre $0.00/acre $764.99/acre $764.99/acre Other taxable $736.60/acre $0.00/acre $764.99/acre $764.99/acre Property Assoc. Pro erty $736.60/acre $0.00/acre $764.99/acre $764.99/acre Estimated Revenue: Estimated Revenue $92,515.84 CFD 11-M finances the perpetual operation, monitoring and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub Area III. The Fiscal Year 2009/2010 budget is estimated to be $110,608. 12-82 EXHIBIT P Community Facilities District No. 12-M (McMillin Otay Ranch and Otay Ranch Village Seven -Open Space Maintenance) i lip I Ili ] I Land Use Category Maximum Maximum Projected Estimated Rate Actual Rate Rate Rate Revenue Developed: Improvement Area 1 - $0.4157/sf $0.4157/sf $0.4317/sf $0.4317/sf Residential Improvement Area 1 - $g 174.08/acre $0.00/acre $8,489.10/acre $8,489.10/acre Non-residential Improvement Area 2 - $0.5680/sf $0.5680/sf $0.5899/sf $0.5899/sf Residential Improvement Area - $9 148.50/acre $0.00/acre $9 501.08/acre $9,501.08/acre Non-residential , , Undeveloped: Improvement Area I - $g 174.08/acre $2 803.70/acre $8 489.10/acre $8,489.10/acre Final Ma , , Improvement Area 1 - $g 174.08/acre $0.00/acre $8 489.10/acre $8,489.10/acre Other Taxable Pro e , Improvement Area 1 - Taxable Property Owner $8,174.08/acre $0.00/acre $8,489.10/acre $8,489.10/acre Assoc. Pro e Improvement Area 2 - $9 148.50/acr $5,271.36/acre $9,501.08/acre $9,501.08/acre Final Ma , Improvement Area 2 - $9 148.50/acr $0.00/acre $9,501.08/acre $9,501.08/acre Other Taxable Pro e , Improvement Area 2 - Taxable Property Owner $9,148.50/acr $0.00/acre $9,501.08/acre $9,501.08/acre Association Pro erty Estimated Revenue: ~ $945,53Q.37 CFD 12-M provides the finances for the perpetual operation and maintenance of landscaping and storm water quality improvements associated with McMillin Otay Ranch and Otay Ranch Village 7. Improvement Area 1 generally lies south of Birch Road, east of Magdalena Avenue, and west of SR-125. Improvement Area 2 is generally located east of La Media Road, south of Birch Road, and west of Magdalena Avenue. The budgets for Fiscal Year 2009/2010 are $482,790 for Improvement Area No. 1 and $521,723 for Improvement Area No. 2. 12-83 EXHIBIT Q Land Use Category Residential Non-residential Zone A - Undeveloped Zone B - Undeveloped Zone A - Contingent Taxal Zone B - Community Facilities District No. 12-I (McMillin Otay Ranch Village Seven -Bond Issue) Maximum Actual Rate Rate $890/DU+0.79/sf $890/DU+0.79/sf $6,000/acre $0.00/acre $24,383/acre $15,556.35/acre Maximum Projected Rate Rate $890/DU+0.79/sf $890/DU+0.79/sf $6,000/acre $6,000/acre $24,383/acre $24,383/acre Estimated Revenue $41,621/acre ~ $26,554.19/acre $24,383/acre ~ $0.00/acre $41,621/acre $0.00/acre $41,621/acre $41,621/acre $24,383/acre ~ $24,383/acre $41,621/acre $41,621/acre Estimated Revenue: $2,078,588.73 CFD 12-I finances the construction of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc.), public facilities, and DIF improvements within McMillin's portion of Otay Ranch Village Seven. This district is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2009/2010 aze projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,475,713. 12-84 EXHIBIT R Community Facilities District No. 13-M (Otay Ranch Village Two) Land Use Category Maximum Rate Actual Rate Residential $0.4763/sf $0.00/DU Non-residential $7,959.21/acre $0.00/acre Final Map $7,959.21/acre $0.00/acre Other taxable $7,959.21/acre $81.18/acre Taxable Property OwnerAssooc. $7,959.21/acre $0.00/acre Maximum Rate $0.4949/sf $8,277.58/acre $8,277.58/acre $8,277.58/acre $8,277.58/acre ~ $8,277.58/acre Projected Rate $0.4949/sf $8,277.58/acre $8,277.58/acre $8,277.58/acre Estimated Revenue Estimated Revenue: ~ $5,757,214.96 CFD 13-M provides the necessary funding for the perpetual operation and maintenance of public landscaping, storm water quality, walls, fencing, trails, pedestrian bridges, and lighting improvements for Otay Ranch Village Two. Otay Ranch Village Two lies south of Olympic Parkway, west of La Media Road, and west of the Landfill Site. No public improvements aze expected to be fumed over to the City in Fiscal Year 2009/2010. The budget for Fiscal Year 2009/2010 is $4,217. 12-85 EXHIBIT S Community Facilities District No. 13-I (Otay Ranch Village Seven) il' i ~ l~ 1 ~ iii i Land Use Maximum Actual Rate Maximum Projected Rate Estimated Category Rate Rate Revenue Residential $2,750/DU+0.45/sf $2,750/DU+0.45/sf $2,750/DU+0.45/sf $2,750/DU+0.45/sf Non- $6,000/acre $0.00/acre $6,000/acre $6,000/acre residential Zone A - $59 505/acre $44,664.45/acre $59,505/acre $59,505/acre Undevelo ed , Zone B- $37,818/acre $28,386.19/acre $37,818/acre $37,818/acre Undevelo ed Zone A - Contingent $59,505/acre $0.00/acre $59,505/acre $59,505/acre Taxable Zone B - Contingent $37,818/acre $0.00/acre $37,818/acre $37,818/acre Taxable Estimated Revenue: ~ $1,406,958.63 CFD 13-I finances the construction of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc), public facilities, and DIF improvements within Otay Ranch Village Seven. This district is divided into zone A and Zone B. The administrative costs for Fiscal Year 2009/2010 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,097,138. 12-86 RESOLUTION N0.2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2009/2010 WITHIN COMMUNITY FACILITIES DISTRICTS 06-I AND 07-M; AND DELEGATING TO THE CITY MANAGER OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT WHEREAS, the maximum Special Tax rates for Community Facilities District 06-I and 07-M; authorized, pursuant to the approved rate and method of apportionment of special taxes for this community facilities district, to be levied for Fiscal Year 2009/2010 are set forth in Exhibits A and B, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, this City Council desires to establish the maximum Special Tax rates that may be levied in Community Facilities Districts 06-I and 07-M in Fiscal Yeaz 2009/2010 at the rates as set forth in Exhibits A and B hereto and to delegate to and designate the City Manager as the official to prepare a certified list of all parcels subject to the Special Tax levy for each community facilities district including the amount of such Special Tax to be levied on each pazcel for Fiscal Year 2009/2010 as authorized by Government Code Section 53340. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista acting as the legislative body of Community Facilities District 06-I and 07-M respectively, as follows: SECTION I. The foregoing recitals aze true and correct. SECTION 2. This City Council does hereby establish the maximum Special Tax rates that may be levied for Fiscal Year 2009/2010 in Community Facilities District 06-I and 07-M as the rates set forth in Exhibits A and B attached hereto. SECTION 3. Pursuant to Government Code 53340, this City Council hereby delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the Special Tax within the community facilities district to which this resolution applies including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2009/2010 and to file such list with the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of such auditor. The amount of the Special Tax to be levied on each such parcel shall be based upon the budget for each such community facilities district as previously approved by this City Council and shall not exceed the maximum Special Tax as set forth in Exhibits A and B hereto applicable to each community facilities district in which such pazcel being taxed is located. Presented by as to form by Richard A. Hopkins Director of Public Works 12-87 EXHIBIT A Community Facilities District No. 06-I (Eastlake Woods, Vistas, and Land Swap -Bond Issue) Residential $0.5800/sf $0.5218/sf $0.5800/sf $0.5800/sf Commercial $6,000/acre $0.00/acre $6,000/acre $6,000/acre Hotel Property $6,000/acre $0.00/acre $6,000/acre $6,000/acre Undeveloped $11,037/acre $0.00/acre $11,037/acre $11,037/acre Improvement Area A (Zone 2 -Woods): Residential $0.6700/sf $0.6027/sf $0.6700/sf $0.6700/sf Commercial $6,000/acre $0.00/acre $6,000/acre $6,000/acre Undeveloped $8,332/acre $0.00/acre $8,332/acre $8,332/acre Estimated Revenue Improvement Area A (Zones 1 and 2) $3,778,980.69 Improvement Area B (Zone 3 -Land Swap): Residential $0.7400/sf $0.7197/sf $0.7400/sf $0.7400/sf Commercial $6,000/acre $0.00/acre $6,000/acre $6,000/acre Undeveloped $20,563/acre $0.00/acre $20,563/acre $20,563/acre Improvement Area B (Zone 4 -Land Swap): Residential $0.7400/sf $0.00/sf $0.7400/sf $0.7400/sf Commercial $6,000/acre $5,835.60/acre $6,000/acre $6,000/acre Undeveloped $6,667/acre $0.00/acre $6,667/acre $6,667/acre Estimated Revenue Improvement Area B (Zones 3 and 4) $2,638,665.03 CFD 06-I finances the acquisition or construction of certain public facilities (i.e., grading, landscaping, streets, utilities, drainage, sewer, etc.) serving the Eastlake -Woods, Vistas, and Land Swap project, as well as selected "Traffic Enhancement" facilities within the greater eastern territories of Chula Vista. The administration costs of the District for FY 2009/2010 are projected to be $75,000. (as given in the bond indenture) and scheduled debt service on the bonds is $3,398,697.50. 12-88 Improvement Area A (Zone I -Vistas): EXHIBIT B Community Facilities District No. 07-M (Eastlake III -Woods, Vistas, and Land Swap -Open Space Maintenance) I' II I I II, Land Use Maximum , Maximum' Projected Estimated ('.ateunrv Rate Actual Rate Rate Rate Revenue Improvement Area 1: Residential $0.1311/sf $0.0556/sf $0.1362/sf $0.1362/sf Multi-family $0.1311/sf $0.0556/sf $0.1362/sf $0.1362/sf Non-residential $1,711.73/acre $0.00/acre $1,777.70/acre $1,777.70/acre Final Map $1,711.73/acre $0.00/acre $1,777.70/acre $1,777.70/acre Other taxable $1,711.73/acre $0.00/acre $1,777.70/acre $1,777.70/acre Property Assoc. Property _ $1,711.73/acre $0.00/acre $1,777.70/acre $1,777.70/acre Estimated Revenue Area 1: I $767,U74.4"L Improvement Area 2: Residential $0.0858/sf $0.06771sf $0.089/sf $0.089/sf Multi-family $0.0858/sf $0.0000/sf $0.089/sf $0.089/sf Non-residential $474.05/acre $373.93/acre $492.32/acre $492.32/acre Final Map $1,293.02/acre $0.00/acre $1,342.85/acre $1,342.85/acre Other taxable $1,293.02/acre $0.00/acre $1,342.85/acre $1,342.85/acre Property Assoc. Property $1,293.02 $0.00/acre $1,342.85/acre $1,342.85/acre Estimated Revenue Area 2: ~ $117,UU2.U3 CFD 07-M provides the necessary funding for the perpetual operation and maintenance of slopes, medians, parkways and storm water treatment facilities associated with Eastlake III - Woods, Vistas, and Land Swap Parcel (south parcel only) and Annexation No. 1. The budgets for Fiscal Year 2009/2010 are $513,211 for Improvement Area 1 and $102,665 for Improvement Area 2. 12-89 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2009/2010 BUDGET BY APPROPRIATING $25,000 FROM COMMUNITY FACILITIES DISTRICT 13-M AND REDUCING THE APPROPRIATION FOR COMMUNITY FACILITIES DISTRICT 98-1 BY $25,000 WHEREAS, CFD 98-1 was created as an interim district to temporarily fund the maintenance of certain areas within Otay Ranch Villages 1, 2, 6, 7, and 12; and WHEREAS, CFD 13-M was created to fund maintenance of certain azeas within Otay Ranch Village 2, which includes the maintenance of the south side of Olympic Parkway from Brandywine to La Media Road; and WHEREAS, CFD 13-M will take over a portion of the maintenance responsibilities from CFD 98-1; and WHEREAS, for Fiscal Year 2009/2010, a budget amendment appropriating $25,000 from CFD 13-M and reducing the appropriation for CFD 98-1 by $25,000 is required for the City to provide adequate maintenance services to the area along the south side of Olympic Parkway. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2009/2010 Supplies and Services budget of CFD 13-M by appropriating $25,000 from the available balance of the fund and also amends the Supplies and Services budget of CFD 98-1 by reducing the appropriation by $25,000. Presented by Richard A. Hopkins Director of Public Works Approved as to form by '"- /~ r n 12-90 CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULA VISTA 7/14/09, Item 13 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE TRANSPORATION DEVELOPMENT ACT (TDA) GRANT OF $78,920 FOR THE PEDESTRIAN TRAFFIC SIGNAL UPGRADE IMPROVEMENTS, APPROPRIATING THE FUNDS TO EXISTING TF-348 CIP PROJECT, AND AUTHORIZING THE CITY ENGINEER TO PROCEED WITH WORK SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ,/~ ' REVIEWED BY: CITY MANAGER ~Y ASSISTANT CITY AGER ~~ 4/STHS VOTE: YES ® NO ^ SUMMARY On January 23, 2007, by Resolution Number 2007-019, the City Council approved the submittal of Transportation Development Act (TDA) grant application for a pedestrian traffic signal upgrade improvements project to the San Diego Association of Governments (SANDAG) for Fiscal Year 2007-08 (Attachment #2). On June 22, 2007, SANDAG Board (Resolution 2007-27) approved the allocation of $78,920 of TDA Funds to the City of Chula Vista for the pedestrian traffic signal upgrade improvements project. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed action consisting of the installation of pedestrian traffic signal upgrades for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action qualifies for a Class 1 categorical exemption pursuant to Section 15301 (c) (Existing Facilities) of the State CEQA Guidelines because it involves a minor alteration to electrical equipment resulting in negligible or no expansion of an existing use. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 13-1 7/14/09, Item l3 Page 2 of 3 DISCUSSION Each yeaz, the City participates in the claim process for TDA and TransNet bicycle and pedestrian project funds by submitting an updated list of projects to SANDAG. The evaluation process for TDA bicycle and pedestrian projects and TransNet bicycle projects is consistent with the way SANDAG evaluates and prioritizes other components of the transportation system such as arterial, highway, and transit projects. In addition, the selection criteria support the overall goals and objectives SANDAG has for improving the regional transportation system and promoting smart growth in the region by giving priority to projects that enhance the existing transportation network as a whole. On Januazy 23, 2007, by Resolution Number 2007-019 (Attachment 1), the City Council approved the submittal of TDA grant application for a pedestrian traffic signal upgrade improvements project to SANDAG for Fiscal Yeaz 2007-08 (Attachment 2). On June 22, 2007, SANDAG Boazd (Resolution 2007-27) approved the allocation of $78,920 of TDA Funds to the City of Chula Vista for the pedestrian traffic signal upgrade improvements project. The proposed project consists of upgrading pedestrian crossing signal facilities at twelve (12) intersections within the public right-of--way that directly serve schools in western Chula Vista. The general scope of work is to upgrade existing pedestrian indications to "countdown" indication, upgrade pedestrian push buttons and to install audible pedestrian signal crossings. The total cost of the project is estimated at $113,920 (Attachment 3). The total grant reimbursement from TDA/TransNet funds is $78,920. Contributions would be $35,000 from TF- 348, which is financed by the Traffic Signal Fund. All work will take place within the public street right-of--way. This project will be done under the City's FY2008-2009 Accessible Pedestrian Signal Facility Upgrade Program TF-348 CIP Project. The twelve locations were selected due to their proximity to elementary, middle and high schools. Over the past year, the Traffic Engineering division in collaboration with WalkSanDiego a regional organization dedicated to making neighborhoods more walkable, hosted a series of community meetings and workshops at public elementary schools throughout the City. The walking audits (walking neighborhood assessments) gave residents the opportunity to point out specific challenges residents faced when walking to and from school and within their own neighborhoods. Approximately $47,846 (42%) of this grant will go towards improvements in the northwest while the remaining $66,074 (58%) will go towazds improvements in the southwest portion of the City. With the walking audits recently completed for the 36 elementary schools, the grant will provide for pedestrian related traffic signal improvements at the following 12 locations: 13-2 7/14/09, Item ~ 3 Page 3 of 3 1 . Hiller Drive / Ped Xing, between Loma Verde ElementarZ & Southwest w . , . Km~swood Dnve & Jtcama Way Castle Park High School 2. Hillto Drive and mntard Street 4 P Castle_Park High Schoo] __.._ Southwest _____._ ~_.___ _ _~ _. 3. _ . _ _.__. __ Hi11to~Drive and J Sneet ~ ~ Hilltop Elemental School & ~ -- _Northwest ~~ ~~ .__ ~ __ __._. ---- - _ Hilltop Mtddle Hipzh School- ._.. ~_.___. 4. Fourth Avenue and Palomar Street Lauderbach Elements School _ ~ _ . _ Southwest _ 5. __ _ Broadway and Flower Street Feas[er Elementary School Northwest 6. Hillto Dp rive and I Street Hilltop Elementary School ~__ Northwest 7. ~ ___ First Avenue and E Street Rosebank Elementary School Northwest 8. Fifth Avenue and E Street Private Day Care ~ Northwest 9. Anita Street and Four[h Avenue Otay Elementary School ~___ _~ ~ Southwest _ _ _ _ _ _ 10. Seco_nd_Avenue and O_ran_pe Avenue V Castle Pazk_Middle School ^` _~ ~ ` Southwest ____ 11 . Second Avenue and Palomar Street Castle Park Middle School _ _ _ _ Southwest _ __ _ 12. Fifth Avenue and Palomar Street Palomar Hi~h.School _ , Southwest It is recommended that the City accept the grant for the pedestrian traffic signal upgrade improvements project and authorize the City Engineer to proceed with the work to request and accept bids for the equipment needed for the upgrade. 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 IMPACT The total estimated cost of the project is $113,920 of which up to $78,920 will be reimbursed from the TDA Grant contemplated by this item. The remaining $35,000 needed to complete the project will come from available Traffic Signal Funds in an existing capital improvement project, TF348 "Audible Pedestrial Signal Facilities". At this time, staff recommends appropriating the TDA grant funds in the amount of $78,920 to existing C1P project TF348 for expenditure. ONGOING FISCAL IMPACT Routine maintenance only. ATTACHMENTS 1. Resolution 2007-019 2. 2008 TDA Grant Application 3: Project Estimate Prepared by: Erica Mantilla. Engineering Technician II, Public Works Engineering M: IEngineerlAGENDAICAS2 00910 7-/4-091COUNC/L AGENDA l1 location signal upgrade2.doc 13-3 ATTACHMENT RESOLUTION NO. 2007-019 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF THREE GRANT APPLICATIONS TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FISCAL YEAR 2007/2008 TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSNET FUNDING, FOR BICYCLE AND PEDESTRIAN IMPROVEMENTS WHEREAS, on an annual basis funds aze available for bicycle and pedestrian projects from the State Transportation Development Act (TDA) and the regional Transportation Sales Tax (TransNet), both of which aze administered regionally through the San Diego Association of Governments (SANDAG); and WHEREAS, the City annually participates in the competitive process to obtain TDA and TransNet bicycle and pedestrian project funds by submitting an updated list of projects to SANDAG; and WHEREAS, SANDAG regulations require that official applications be submitted to SANDAG in order for projects to be considered by its Boazd of Directors for funding; and WHEREAS, in order for the application to be official, the City Council must approve a resolution authorizing submittal of the Fiscal Year 2007/2008 project applications; and WHEREAS, for Fiscal Year 2007/2008, the City is requesting funds for the following projects: 1. Bayshore Bikeway Alignment Study 2. Bay Boulevard Bike Lane between F Street and J Street 3. Pedestrian Traffic Signal Upgrade WHEREAS, these three projects were selected because they closely follow the eligibility guidelines for TDA and TransNet funding. NOW, THEREFORE, BE IT RESOLVED that the City Counci] of the City of Chula Vista approves the submittal of three grant applications to the San Diego Association of Governments (SANDAG) for Fiscal Yeaz 2007/2008 Transportation Development Act and TransNet funding for bicycle and pedestrian capital improvements. Presented by /.lam(/..~.'~i~'~`~ Scott Tulloch City Engineer Approved as [o form by Ann Moore -~~~~ City Attorney 13-4 Resolution No. 2007-019 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of [he City of Chula Vista, California, this 23`d day of January 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, M or ATTEST: Susan Bigelow, MMC, City Cle 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. 2007-019 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 23rd day of January 2007. Executed this 23rd day of January 2007. Susan Bigelow, MMC, City C rk 13-5 61TTACHMENT ~ FY 2008 Annual Grant Application Transportation Development Act/TransNet Bicycle and Pedestrian Projects Applicant (Agency): City of Chula Vista Ptoject Name: 12 Schools Pedestrian Improvements Application Amount: Project Type: Upgradinq of pedestrian facilities Project Limits: Various locations (see map attched) Project Description: Upgradinq of pedestrian crossing signal facilities at 12 intersections within the public right of way, that directly serve schools in western Chula Vista. Upgrade existing pedestrian indications to "countdown" indication, and installation of audible pedestrian signal crossing. Summary of Cost Estimates: Funding Sources: Category Feasibility Study Preliminary Engineering Environmental Design Construction Revenue Source TDAlTransNet Claim Amount Cost n/a n/a n/a 15,000 98,920 Total Cost $113,920 Traffic Signal Fund (TF-323) Traffic Signal Fund (TF-328) Amount $78,920 $10,000 $25,000 Total $113,920 Project Location Map: See attached map. The proposed locations are: 1 Hilltop Drive / Ped Xing, between Kingswood Drive & Jicama Way 2 Hilltop Drive and Quintard Street 3 Hilltop Drive and J Street 4 Fourth Avenue and Palomar Street 5 Broadway and Flower Street 6 Hilltop Drive and I Street 7 First Avenue and E Street 8 Fifth Avenue and E Street 9 Fourth Avenue and Anita Street 10 Second Avenue and Orange Avenue 11 Second Avenue and Palomar Street 12 Fifth Avenue and Palomar Street 13-6 Contact Person: Roberto Solorzano Title: Associate Engineer Address 276 Fourth Avenue Chula Vista. California-91910 Phone: 619-409-5420 Fax: 619-691-5171 E-mail: solot7c.ci.chula-vista.ca.us Person Authorized to Submit Application: I certify that I have reviewed the Bicycle and Pedestrian Claims Guidelines and the information submitted in this application is accurate and in accordance with these guidelines. Elizabeth Chopp Senior Civil Engineer Name Title 13~-7 Proiect Funding: Total Estimated Project Cost (Please attach a detailed project estimate based on best available engineering) $113.920 Revenues (Source and Amount): Matching Funds (Category 9 of Project Selection Criteria) Revenue Source Amount Traffic Signal Fund (TF-323) $10.000 Traffic Slgnal Fund (TF-3281 $25.000 Total $35.000 TDAITransNet (Application Amount as shown in Category 10 of Project Selection Criteria) $78.920 TotalRevenues $113.920 Project Cost Estimates - On a separate sheet provide an itemized cost estimate for all eligible expenses. Be as accurate as possible to avoid future cost overruns. Projects with cost overruns have three options for moving the project forward depending on what percentage over the original grant amount the revised project cost will be. Applicants may ask for a recommendation from the BPWG to amend original allocation for up to five percent of the original cost estimate (up to the amount available in the reserve). Projects that require mare than five percent additional funding can resubmit the project in a subsequent funding cycle with the adjusted project amount. Lastly, the applicant can choose to complete the project with their own funding. Supporting Materials A. Community Suoport/Consistencv with Community Plan (Category 1) -The council or governing board of the applicant must authorize this grant application. Please attach a copy of the resolution or minute order documenting that action. Or, if the project is part of an approved Bicycle Plan, please attach a copy of the section that includes the project. The proposed project is included in the City's adopted 2007 Capital Improvement Program (See copies attached.) A certified copy of the Chula Vista Council resolution authorizing the application and certifying matching funds, will be submitted by April 3, 2007 Minimum Desion Standards (Category 2) -Projects applying for construction funds must provide actual drawings or cross-sections from the project itself, not generic standard drawings. If the applicant is seeking funding for the design and construction of a project, proposed cross-sections may be used in lieu of the actual plan drawings. If any part of a project is substandard, clearly illustrate that (provide photographs, if applicable) and provide an explanation as to why the minimum design standard is not being met. 13-8 This is a retrofit project to install audible pedestrian and countdown indications on existing traffic signal standards. All installations would be done by the City's traffic signal technicians. C. Connect to Regional Transportation Corridor or Transit Linkage or Regional Bikeway Map (Category 31 - Provide a map which clearly illustrates the projects relationship to existing facilities. Show the project's direct linkages to any regional bikeway (for bicycle projects) gr direct continuous link to a local bus stop or direct link to an LRT/regional transit station. A direct link for a bicycle project is defined as connecting immediately to a regional bikeway with no gaps. A direct link between a pedestrian project and a transit facility is defined as one in which some part of the facility comes within 600 feet of a local bus stop or LRT/regional transit station. This is a retrofit project to install audible pedestrian and countdown indications on existing traffic signal standards. See attached map D. Completes Connection/Linkage in Existing Bicycle/Pedestrian Network (Category 4) -List and briefly describe the linkages or connections to existing bicycle or pedestrian network. Provide a map that clearly illustrates the projects relationship to existing facilities. The attached map illustrates the urban network of existing sidewalks, bike lanes, bike routes, and pedestrian crossing signals in the project area. The map also identifies the intersections targeted for signal upgrades, and where those upgrades will enhance the safety and serviceability of the existing network. E. Project Readiness (Category 5) This installation of all pedestrian countdown indication and audible signals will be done in-house. Only materials and equipment will be advertised for bids. Phase Begin Complete Feasibility Study Preliminary Engineering Environmental Document/Certification Final Design Advertise for Construction (Equipment) Begin Construction (In-house) Project Completion nla nla nla Feb 2008 March 2008 Mav 2008 n/a n/a n/a Feb 2008 March 2008 June 2008 June 2008 F. Geographic Factors/GIS Analysis (Category 61 - SANDAG will perform a GIS analysis as described in the Bicycle and Pedestrian Claims Guidelines based upon a project map provided by the applicant. Briefly describe project limits and provide a location map clearly showing the project alignment. In addition, clearly show and label the following elements: 4 13-9 a. major traffic generators within the project area (within %-mile far pedestrian projects and within 1-mile for bicycle projects) b. linkage or connections to existing bicycle or pedestrian facilities c. linkage to any regional bikeway or public transit stop The proposed project will provide a safer street crossing for school children and adults. G. Geoaraohic FactorslGlS Analysis (Categorv 6) -List and briefly describe major traffic generators served by the project. All project locations are within a quarter of a mile buffer of an elementary, middle or high school. See attached map. H. Safety Improvements (Categorv 7) -Describe the safety issues addressed by the project. Please attach support documentation for safety and accident history. If collision data is provided, it must be specific in pointing out which collisions are applicable to the project and why it is relevant. The proposed project will provide safer facilities between destinations to schools, churches, shopping areas, and parks. In the past 3 years, there have been four (4) traffic accidents involving pedestrians within the project area. (see attached accident history). I. Innovation and Design (Categorv 8) -Describe any design innovations far bicycle/pedestrian priority measures that are included within the project limits. Is this project in your agency's adopted capital improvement program (Y/N) Y If the project is part of a larger capital improvement project, briefly discuss how the bicycle or pedestrian project costs were identified and a description of the other sources of funds for the overall project. Briefly describe any other aspects of the project that is relevant to its evaluation. 5 13-10 Bicycle Master Plans. Pedestrian Master Plans. Education/Safety Programs and Bicycle Parking Bicycle Master Plans, Education/Safety Programs and Bicycle Parking projects will each be considered in a separate category. These types of projects are encouraged and will be evaluated by SANDAG staff. Basic Guidelines Bicycle Master Plans -Cities with population up to 75,000 will be eligible for a maximum of $75,000. Cities with population greater than 75,000 will be eligible for a maximum of $150,000. Beginning with the 2008 project application cycle, all cities will need to have aSANDAG- approved Bicycle Plan to be eligible for TDAITransNet funds for individual projects. Pedestrian Master Plans - An agency may submit an application for a pedestrian master plan no more frequently than once every five years. Jurisdictions with a population over 150,000 may submit applications for up to $150,000, and jurisdictions with a population under 150,000 may submit applications up to $100,000. In either case, the amount of the application must be substantiated by providing a scope of work and project budget to SANDAG. Education/Safety Programs - An agency must submit a scope of work and a proposed schedule to be evaluated by SANDAG staff. Bicycle Parking -Projects that conform to SANDAG's Bicycle Parking Guidelines and have a projected cost up to $50,000 will be eligible. All claims, including those supporting educational or promotional programs and claims for planning projects, must include a project budget, work program, and project schedule. 6 13-11 ATTACHMENT -3 X111 Gi-!t~ VlSTh City of Chula Vista ENGINEERING DEPARTMENT Infrastructure Services Date Prepared By; 9Jan-07 Roberto Solorzano a.neuneu oy: Deal i.nopp Project Number: TF323; TFS2s Project Title: 12 School Pedestrian Improvements Upgrade existing pedestrian indications to "countdown" Description: indication, and installation of audible pedestrian signal ~ `' ~ TQ'Cl~4 GCk "'C :. , ~ 4AudiblePed Slgnals ... ................... ? ....................... .... ....... 76 ......... s EA i ........... ...........<........ $420.00 ............................ ..................... .$31;920:00 .... _ ........................ . ......... . 2;ADA Pedestrian Push Buttons : i 80 ~ i EA ; 3 $145.00 , $11,600.00 Module countdown Style PED 3LED j 84 ~. .EA. .... ... ..... $500:00..;..................... w .........$42,000:00.. . . ....................................... ........... ..........._ j5" x 7" Pedestrian Push Button Frame Assemblyw/4- ~ . .. .......... . . . . ~ . ; 4~part PPB sign 80 i EA i $55.00 1, $4,400.00- _ __.____. ~ ~ -. 1 ~...-_.._~.. ..__.. _...._..__..._ ..._ ....v _. __..''~~ ~~ i i E__ , ~~ ~ i ._..._ ,,..~-_._...._..... ..-._.~ i ..-. ~ - --I"-----7----- t ----~--..-....-..j--- .~..._._.........._._. .._.._........__...v..v.~~....._,~..r __.._......... ....._... _.....__.... _....... .r ~ .,_...._ e ._.._ ~.Y .............._. i ...........~~................. ...._. __r.,...,...._,_...._....._...____.._,..._.-._....._.__._._. _._-..~..-_.3 ___._ .._..... . _.......N............~ ____ _~~_........._.......~..m....._._..._ .._.._.__..._.._........ ~ r....._._..-._.._. I __....~........_..,_.. i f 3 i .....~_..._ . ~_..._..._....._ -•i r,,,_._.,..___, ...___ i ' i .._ ...... ...-~_.......~~...._~__..__........._.~ .._..........._.,.....~..,....-.. ....._ ~-_...~........_.4~ _. .............._....i.._ ......_.,...... ~~.y._...,._........_._._._.._._,__.._._._......~_ ._ ..__,_a...._..y.._.. __r.._....~..r ' ._....,_...._..r.~..__._...._,..,.. ......_.._.._ _'-_ i ' i ~__~- ----__- I ! i _..~......L 3 ~ Subtotal ! $ 8g,920(Il}! Con#in er[Cies ~ #0=°l0 4 i>; rox S 9,OOtT00 C©nStrU.CtiOn $i ~.'©LlttrkgeriGfeB ~ ~: ~ S1l,520-00, Engineeri~q Design ~ Tnspeetiun ~ Y5 ~o $ t5,00000 Survey °fn ;& tither Casts Enuirarimentai, sails, eta, i ~ I' 5r TOTAL COST OF PROJECT $ 113,920.00 R Solorzano 13-12 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE TRANSPORATION DEVELOPMENT ACT (TDA) GRANT OF $78,920 FOR THE PEDESTRIAN TRAFFIC SIGNAL UPGRADE IMPROVEMENTS, APPROPRIATING THE FUNDS TO EXISTING TF-348 CIP PROJECT, AND AUTHORIZING THE CITY ENGINEER TO PROCEED WITH WORK WHEREAS, on an annual basis funds are available for bicycle and pedestrian projects from the State Transportation Development Act (TDA) and the regional Transportation Sales Tax (TransNet), both of which are administered regionally through the San Diego Association of Governments (SANDAG); and WHEREAS, the City annually participates in the competitive process to obtain TDA and TransNet bicycle and pedestrian project funds by submitting an updated list of projects to SANDAG; and WHEREAS, on Januazy 23, 2007, by Resolution Number 2007-019, the City Council approved the submittal of Transportation Development Act (TDA) grant application for a pedestrian traffic signal upgrade improvement project to the San Diego Association of Governments (SANDAG) for Fiscal Year 2007/2008; and WHEREAS, on June 22, 2007, SANDAG Board (Resolution 2007-27) approved the allocation of $78,920 of TDA Funds to the City of Chula Vista for the 12 Schools Pedestrian Improvement traffic signal upgrade for the following locations: 1. Hilltop Drive / Ped Xing, between Kingswood Drive & Jicama Way 2. Hilltop Drive and Quintard Street 3. Hilltop Drive and J Street 4. Fourth Avenue and Palomar Street 5. Broadway and Flower Street 6. Hilltop Drive and I Street 7. First Avenue and E Street 8. Fifth Avenue and E Street 9. Fourth Avenue and Anita Street 10. Second Avenue and Orange Avenue 11. Second Avenue and Palomar Street 12. Fifth Avenue and Palomar Street 13-13 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the Transportation Development Act (TDA) Grant of $78,920, appropriate the funds to existing TF-348 CIP Project for expenditure, and authorize the City Engineer to proceed with work. Presented by Richard A. Hopkins Director of Public Works 13-14 City Attorney CITY COUNCIL AGENDA STATEMENT ~`~~ CITY OF CHULAVISTA 7/14/09, Item ITEM TITLE: PUBLIC HEARING TO CONSIDER TESTIMONY FOR THE FISCAL YEAR 2009/2010 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO. 1 (ELMD #1), TOWN CENTRE AND BAY BOULEVARD MAINTENANCE DISTRICT A) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1 (ELMD #1), AND BAY BOULEVARD MAINTENANCE DISTRICT B) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 1 C) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE TOWN ENTRE MAINTENANCE DISTRICT SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ' REVIEWED BY: CITY MANAGE ASSISTANT CITY ANAGER ST 4/STHS VOTE: YES ^ NO 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 CoLmcil'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. 14-1 7/14/09, Item ~~{ Page 2 of 7 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 conduct the public hearing and adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION Open Space Districts (OSD's) were established in conjunction with each particulaz 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 aze included as Attachments 1 and 2 to this report. The annual report allows Council to review the history of the Open Space Districts. The report includes information regarding: ^ The proposed budgets ^ Funds remaining in the account The proposed assessment (based upon prior year assessment plus an inflation factor) The. collectible (the amount needed from each property owner to provide sufficient funds for the following fiscal yeaz's maintenance) Table 1 lists the names and locations of the Districts. 14-2 7/14/09, Item Page 3 of 7 Table 1. Open Space Districts Within the City of Chula Vista ~~ .~.: 1 ~ y St 2 ' 't -5 il J ~ II e ... .~~ ,.~aime £e. T. i~^£r.e5?.. El Rancho del Re Units 1 - 4 { , ~ . ~INk '' 3`" ~ of ~:~ 1L4: ."4 S a ik i ~`#. ~ i ~t r ~r .o:. ik3i2im ~_Y«"':'..kG~}W*~F1'~+7... ~~~+~t[~ni.4...._...( ., ..irota..i~~ ¢.Q East of Paseo Ranchero - H Street & Tele a h Can on Road 2 Lazk Haven South and East of Loma Verde Park 3 Rancho Robinhood Units 1 & 2 South of Allen School Lane 4 Bonita Ridge Camino Elevado north of Otay Lakes Road 5 South Ba Villas North end of Crest Drive south of E Street 6 Hilltop Vista Camino Vista Real north of Telegra h Can on Road 7 Zenith Units 2, 3, and 4 North & South of Palomar, east of I-805 8 Rancho Robinhood Unit 3 Surre Drive southwest of Ota Lakes Road 9 EI Rancho del Re Paseo del Re ,north of Tele a h Can on Road 10 El Rancho del Rey 6, Casa del Re West of Paseo Ranchero - H & J Streets 11 Hidden Vista Villa e East H Street, east of I-805 14 Bonita Long Canyon North of East HStreet - Otay Lakes Road & Corral Canyon Road 15 Bonita Haciendas Canyon Drive, east of Otay Lakes Road 17 Bel Air Ride Northeast of Paseo Ladera & East J Street 18 Rancho del Sur East end of East Na les Street 20 Rancho del Rey North of East H Street, west of Otay Lakes Road 23 Ota Rio Business Park West of Herita e/Ota Valle Road, south of Ota Rio Road 24 Can on View Homes Rut ers Avenue, south of East H Street 26 Pazk Bonita West of the intersection of E Street & Bonita Road 31 Tele a h Can on Estates North of Ota Lakes Road, west of SR-125 33 Broadway Business Home Villa e West side of Broadway - J & K Streets Eastlake Maintenance District No. 1 Eastlake I, Eastlake Greens, Salt Creek 1, OTC, Telegraph Canyon Channel Bay Boulevard Maintenance District gay Boulevard - E & F Streets Town Centre Maintenance District Third Avenue - E & G Streets Improvements and Services 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 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 Fertilization ^ Pest Control Removal of weeds, trash and litter ^ Trail maintenance Low flow and brow channel maintenance Pond equipment and maintenance Signage within trails/canyons • Repair of irrigation equipment ^ Brush cleazance ^ Fencing maintenance 14-3 7/14/09, Item ~ 7 Page 4 of 7 Assessments & Collectibles The City of Chula Vista Municipal Code makes the distinction between the assessment and the amount that the City may collect against the assessment (i.e., the collectible). The assessments for FY 2009/10 aze proposed at the FY2008/09 amounts adjusted by the inflation factor of 0.62% pursuant to the Municipal Code. Each yeaz, the prior yeaz'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 4`h Quarter per Capita Personal Income Index. In the mid-1990's (and for all Open Space Districts established after that date), Council approved the 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 the property owner and is equal to, or lower than, the proposed assessment. As detailed in Attachment 2, the collectible is based on the budget, the reserve requirement, savings and fund balances, earned interest and prior yeazs' savings. The proposed assessments and collectibles for FY 2009/10 are as follows: Table 2. Historical Open Space District Zone $117.54 54.52 373.25 394.24 384.44 190.11 132.81 606.70 mss 116.03 117.41 377.44 362.12 173.34 409.62 Proposed 1 2 3 4 5 6 7 8 s 10 11 14 15 17 18 20 1 - Desilting Basin 2 -Rice Canyon 3 - H Street 4 -Business 63.31 4.80 6.85 191 116. 118. 379. 174. 412. FY 2009/10 Assessments/Collectibles $110.00 54.00 373.25 388.00 339.00 162.00 132.00 591.00 1 sa.oo 115.00 101.00 373.00 354.00 111.00 253.00 Proposed FY 09110 $112.0( Increase I Decrease ($) $2.00 0.00 1.75 3.00 8.00 7.00 1.63 11.00 7.00 1.00 4.00 5.00 (16.00) 6.00 13.00 Increase / Projected ecrease % Revenue 1.82% $73,65fi 0.00 % 13,44E 0.47% 47,625 0.77% 82,11C 62.00 4.80 6.00 39 161 116 117 4.32% 27,378. 1.23% 13,897. 1.86% 66,220. 4.55°/ 61,824. 0.87% 76,068. 3.96% 138,709. 1.34% 32fi,214. 4.52% 19,266. 5.41% 5,382. 5.14% 115,710, (26.00) -41.94% 31 0.02 0.42% 14 0.00 0.00% 3E :r 53.19 53.52 53.00 53.00 0.00 5 - SPA I 384.63 387.01 347.00 365.00 18.00 6 - SPA I I 295.54 297.38 206.00 216.00 10.00 14-4 0.00% 137,931 5.19% 655,17° 7/14/09, Item ~7 Page 5 of 7 one 7 -SPA III 182.43 183.56 182 .00 183.00 1.00 0.55 % 215,352.3 one 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 2.50 0.00 0.00 31,716.75 Zone 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°/a 67,527.60 Zone C - Oly Training Ctr 176.41 177.50 6 .00 5.00 (1.00) -16.67% 2,500.00 Zone D - Satt Creek I 235.28 236.74 168 .00 173.00 5.00 2.98 % 73,248.20 Zone E -Tel Cyn 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%x . 11,642.58 Town Cen[re(4) 0.12 0.12 - 0.12 - - 0.00 TOTAL PROJECTED REVENUES 2,803,852.30 (1) Zones A - D Share in the cost of Otay Lakes Koatl meaians antl On-sne parkways. ~.ouecnoie anu pwleueu level iue iui v~ey 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 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 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. 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 fimding 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 tax roll. Should the PBID not be re- approved, the Town Centre LMD will be in place and 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 2009/10 is $0.121 per square foot. 14-5 7/14/09, Item ~~{ Page 6 of 7 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 of the 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 aze being changed to smaller sizes in ho es of monet savin s. District 7 The most noticeable impact is overgrown weeds and brush on the irrigated slo es. Browns ots are startin to a ear on the same slo es. District 9 Clearing of brush has slowed on the slopes and by the park on Paseo Del Re causin over owth in weeds. District 20 -Zane 2 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 a I in fora ant to hel fund additional brush clearance. District 20 -Zone 7 Maintenance has been focused on the highly visible areas along East H Street. Minimal 5re clearance is being performed in this area. More brown atches area earin alon the slo es. 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 li blip of the median landsca in . 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 recou 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. Slo es have be un to turn brown and tree trimmin 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. Stapdard 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. 14-6 7/14/09, Item Page 7 of 7 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council Member McCann has property holdings within 500 feet of Cpen 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 $2,803,852.30 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. ATTACHMENTS 1. District Maps 2. District Cost Summaries Prepared by: Tessa Qx~icho, Administrative Analyst!!, Engineering Department J: IEngineerlAGENDAICAS2009107-/4-091FY0910 Pupblic Hearing OSDs.doc 14-7 ATTACHMENT 1 District Maps 14-8 J I®® om ~®`~ ? 0®® ®® O " "U ~ ]p ~ ~ ^ ~ ~ a V 5 ~ CJ u O1]7 u i I~ 1' >- ,t Wi W ~~ o~ P° r, l 1 I. I.. ,I ~ ~ I \ ~ --~-fY!/ U ~ ~ v • 1 , ® ~ l ~®® DATE: 4/8103 NOTES: ~ TirLE: ~ ~ ~ ~ _\\1// PREPARED BY: T.M. Nd (0 8eele "sStrLC~ #~ -Lark Haven ~„ 9 DATE: MB/03 NOTES: /~ TITLE: ~ \11//_ PREPARED BY: T.M.. Not toSwle Rancho Robinhood Units Y-`~ 61UUW7q DATE: ~ MB/D3 NOTES: ~ N TITLE[ \llf/ •• PREPARED BY: T.M. ~ Not to Scale T .~ ~ZStTLCt ~~// ~"f' - Bonita Ridge a,t,~yg7p r% .I i ~_~~ ~_ ;~~! I I i ~vl 'I ~~ DATE: MB103 NOTES: ~ T1TLE: PREPARED BY: T.M. ~ Not to Scelo ,µ DiStf'1Ct "~5 - Sou'thbay ViZICis qua y~q 1 ~~ -' ~. ~-'~.,\~t \. ~~ ®® T ~® ~. ®® CnCn ®®®~ ~~' , ~® . eo¢~ ®~ . ~ ~ w~ RgpH ~ ~~ ~ ~, DATE: MB/D3 NOTES: ~ TITLE: ~ ~ „~. PREPARED BY: T.M Not to scale District #6 -Hilltop Vista Q{~q yp7p i 3i_..1 t ~\~:: ~\ ~y nn.E: DATE: 4/9lD3 NOTES: ~~{!~ ~ District #7 - ~. PREPARED 8Y: T.M. Nol to Scale Zenith Units 2, . 3 and 4 aiuu vuTn ~~ l' ~~®/ ®~ ~~ ~ O ~~ IY DATE: MB/03 NOTES: Ttn.E: ~l~// Diystrict #9 - ~ _ PREPARED BY: T.M. Not to Scale E[ Ranc)i® de t Rei/ a~u°v~n v a GATE: M8103 NOTES: /\ TITLE: `~lV/ N~ D~StI'ICt #'IO ~ '~" PREPARED BY: T.M. ~ Not W Scale E1 Rancho dei Rey 6, Casa dei Rey ~ ~y~A i,~o s ~~ F~FF a ~'~y DATE: MB/03 NOTES: N ~i T~T~E~ District r #11 ~ \lf// PREPARED BY: T.M. NotbSeela Hidden. Vista Vilage CHUU YISTA DATE: 4/8/03 NOTES: ~~' ~ ~ ~ ~~~~~ PREPARED BY: T.M. - NatW8cele pO}'I.ItQ ,Id(JQg i.QILyOrI. _ G4UU VISfA ~~~~ ~P 1', 1`; ~~ O P DATE: M9/03 NOTES: TITLE: ~ \\U/ District #15 - ~- PREPARED BY: T.M. ' NoltnScele Bonita Haciendas ~ ~cuuv~sC;t r ~- ,, ~`~~ % i-~ _i ;4 DATE: MB/03 NOTES: ~ nnE: PREPARED BY: T.M. NolmScela /, yy y ~Sfr~C~ 71 i ~ -Bel Air Ridge cHU~visrn ~~T~F~~ '~ Rsq~ DATE: M10/03 NOTES: 7 TITLE: ' District #24 - PREPARED BY: T.M. ~ Not fn 9~1e CaifLllon View HofYLes Q~INa VDTA ~\ ~~ i ~~ \©~ i O P P~~ G `.~,GNMoN 6~N~~~ DATE: M70103 NOTES: ~ n~E '' ' a t~~~~ PREPARED BY: T.M. Not to9cele ~CC ,/, / y ,D~StrLCt 2V -Park Boli~tl Q{q illll ., !'~, ~~~. I ..~ ~:: DATE: M10f03 NOTES: I ^ I ~strjCt ~~ y _ ,( I ~ I PREPARED BY: T.M. Not to BCele Canyon Estates Telegraph 4iU/A~15TA ~r ~ S~ e e e e e . Bm 08 00e ~ B m ~~ ~o UN 2 FL K~pFiN~~ ~~ ~. ~~ 0 ~~o v~ ~. DATE: A/10103 NOTES: TITLE: ~\{/~ .District #33 - PREPAREDBY:T.M. Not toScele BroadulayBusiness,~iomeViliage atM~ ~ \/ ~~ {\\\\\ n ~ ,~ /• .... ~ - ,-".~ \1\~". lit - ®~ ~ .,. ~~~ •\ / ~ .. - \"~~ ~1 ~ TITLE: J\V~ DATE: 4/6!01 NOTES: N ~+My PREPARED BY: T.M. Not Io Scaie Tow»< Centre Mainten[Ynce D>tstrict CHU~ VLSTA `\, ,~\ \ ~~ ~ 't DATE: M10103 NOTES: ~ Nair, nTie: Bay Boulevard \~f// PREPARED HY: T.M. Not to SCale Maintenance Distr-lct QIUTA VISTA ~ ~'~ ~ ~ 'ddI n~ M10103 ~ NOTES: BY; T.M. TITLE: Eastlake Maintenance ~_ , Not to scale D1StriCt #1 ~ a•ua~~ ATTACHMENT 2 District Cost Summaries 14-33 CITY OF CHULA VISTA OSD 1 (El Rancho del Rey Units 7-4) 2009110 Fiscal Year District Cost Summary ~- tt~ I tt: r• ~ tr t: Personnel Services $0.00 $0.00 $0.00 Utility Charges 716.00 716.00 716.00 Trash Collection & Disposal Fees 1,400.00 1,400.00 1,400.00 Water Charges 24,042.00 20,041.00 21,041.00 Services to maintain structures, grounds 1,270.00 1,270.00 1,270.00 City Staff Services 15,200.00 11,887.00 11,217.00 Contractual Services 22,491.00 21,420.00 20,398.00 Landscape Supplies 980.00 980.00 980.00 Materials to maintain structures, grounds 4,523.00 4,523.00 4,522.00 Backflow Certification 0.00 0.00 0.00' Professional Services 25,400.00 5,400.00 2,525.00 Supplementals 0.00 980.00 1,129.00 Other Commodities 0.00 0.00 0.00 Adverfising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 527.00 Storm Maintenance 0.00 0.00 0.00 Specialized Services 1,300.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $97,322.00 $68,617.00 $65,725.00 Reserve Requirement (1) $70,071.84 $68,617.00 $59,481.13 Reserve Percent 72% 100% 90.50% Special Reserve 0.00 20,000.00 0.00 Fund Balance (2) 94.257.67 84.809.19 50.949.62 Net Assessment (3) $73,136.17 $72,424.81 $74,256.51 Equivalent Dwelling Units (EDU's) (4) 657.65 657.65 657.65 Collectible/EDU $111.21 $110.13 $112.91 Percent change from prior year 1 % -2% 32% Misc. Adjustments $0.00 $0.00 ($0.03) Ce(rtt~rtK~ek~.~~h ~ Rte; ', $1?~41a ~' tt ; ~" ~1~~ Revenue from even dollar payment $73,656.80 $72,341.50 $74,314.42 A~Sv Ss~M,E., ~' . ,. ., ~1$#7r~ a `°s ~kt~'4'.M~ I ssessmentwd $118.26 $117.54 girdge„y~ED~~ .,, "t . `' ~~" n ~"i.~~~s ~. ~ ~.. _ $'~~'~,.. , n ~: ' '$4,~$4 Percent change from poor year 42% 4% 5% aelctcgrte'nti?C`(6Y _ , . ~ ~ `` :, , .,., ~~ ~ s ~, 5.0~" (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 = Estimateq Maintenance Cost + Reserve Requirement + Special Reserve -Fund Balance (4) EDU's have been projected tiased upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/2010 = O.fi2% (6) Delinquency Rate is as of 5/15/2009 14-34 CITY OF CHULA VISTA OSD 2 (Lark Haven) 2009110 Fiscal Year. District Cost Summary ~ 11' 1 • 11 : 1' 1'i 1 • Personnel Services $0.00 $0.00 $0.00 Utility Charges 360.00 3fi0.00 228.00 Trash Collectlon & Disposal Fees 0.00 0.00 0.00 Water Charges 3,622.00 3,018.00 3,018.00 Services to maintain structures, grounds 1,500.00 1,500.00 1,160.00 City Staff Services 2,691.00 2,746.00 3,219.00 Contractual Services 5,544.00 5,280.00 5,029.00 Landscape Supplies 337.00 337.00 337.00 Materials to maintain structures, grounds 836.00 836.00 836.00 Backflow Certification 0.00 0.00 0.00 Professional Services 494.00 494.00 494.00 Supplementals 0.00 210.00 247.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer. Corporate Yard Debt Services 0.00 0.00 123.00 Storm Maintenance 0.00 0.00 0.00 Specialized Services 200.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost 515,584.00 514,781.00 514,691.00 Reserve Requirement (1) $13,558.08 $14,041.95 $7,639.32 Reserve Percent 87% 95% 52% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 15.834.60 15.346.00 9.359.91 Net Assessment (3) 513,307.48 513,476.95 512,970.41 Equivalent Dwelling Units (EDU's) (4) 249 249 249 Collectible/EDU $53.44 $54.12 $52.09 Percent change from prior year -1 % 4% 2% Misc. Adjustments $0.00 $0.00 $0.00 ~~ t _ , .... a .,~ ,0 Ut, Revenue from even dollar payment 13,446.00 $13,446.00 $13,197.00 E 8^.~ ,. ssessmen wl 54.85 $54.52 ~~~, ~_ $~SQfO Percent change from prior year 5% 1 % 3% ~ n~~~ t32°u (1) Reserve Requirement =Estimated Maintenance Cost z Reserve Percent (2) The estimated June 30, 2009 fund balance was projectetl on May 19, 2009. (3) Net Assessment =Estimated Maintenance Cost+ Reserve Requirement+ Special Reserve • Fund Balance (4) EDU's have been projected based upon Fiscal Year 2006/09 information (5) CPI Change 4or Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/152009 14-35 CITY OF CHULA VISTA OSD 3 (Rancho Robinhood Units 1 8 2) 2009/10 Fiscal Year District Cost Summary , Pef9onnel Service$ $x•00 $0•~Q $~'~~ 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 Backflow 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 543,627.00 $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 CO~~F-~E;TtB~.F,e,~?~!wr~t±?~4riv '.' j ,~„ St3T+. ` .. 'S~'~3•"? 5~°; Revenue from even dollar payment 47,625.00 $47,401.48 $46 342.30 /tSSESSMEl!kT ', ;: 2 ri . a 6%t:9{I~ _. ssessmen wd 375.56 $373.25 Pement change from prior year -1 % -32% 23% def~n~j5fiat~16k1. ; ~ w t ... ~. °~ ~7:i4~i s (1) Reserve Requirement =Estimated Maintenance Cost x Reserve Percent (2) The es8ma[ed 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 Fispl Year 20092010 = 0.62 (6) Delinquency Rate is as of 5/152009 14-36 CITY OF CHULA VISTA OSD 4 (Bonita Ridge) 2009/10 Fiscal Year District Cost Summary s- . tt• r ~ • rr: t~ • it t: • Personnel Services $0.00 $0.00 $0.00 Utility Charges 1,621.00 1,621.00 1,621.00 Trash Collection 8 Disposal Fees 1,400.00 1,400.00 1,400.00 Water Charges 20,610.00 17,175.00 17,175.00 Services to maintain structures, grounds 960.00 960.00 960.00 City Staff Services 13,952.00 13,837.00 13,142.00 Contractual Services 40,100.00 38,190.00 36,374.00 Landscape Supplies 1,103.00 1,103.00 1,103.00 Materials to maintain structures, grounds 5,774.00 5,774.00 5,774.00 Backflow Certification 0.00 0.00 0.00 Professional Services 8,065.00 5,065.00 3,065.00 Supplementals 0.00 1,250.00 1,329.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 636.00 Specialized Services 1,200.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $94,785.00 $86,375.00 $82,579.00 Reserve Requirement (1) $74,880.15 $86,375.00 $65,206.86 Reserve Percent 79% 100% 79% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 87 705 88 91.303.65 66.848.20 Net Assessment (3) 581,959.27 $81,446.35 $80,937.68 Equivalent Dwelling Units (EDU's) (4) 210 210 210 Collectible/EDU $390.28 $387.84 $385.42 Percent change from prior year 1 % 1 % 7% Misc. Adjustments $0.00 $0.00 $0.00 Revenue from even dollar payment $82,110.00 $81,480.00 80,938.20 MSS y .. ~~~~.~€ 3 ~ _ S±f„ , ssessmen wit $396.68 $394.24 Percent change from prior year 10% 5% 12% 6B n, "90k~k ~°o (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 20092010 = 0.62°/, (fi) Delinquency Rate is as of 5/152009 14-37 CITY OF CHULA VISTA OSD 5 (Southbay Villas) 2009110 Fiscal Year District Cost Summary ~- rr• r ~ • rr: r• • rr r: • Personnel Services $0.00 $0.00 $0.00 Utllity Charges 245.00 245.00 245.00 Trash Collection & Disposal Fees 280.00 280.00 280.00 Water Charges 11,817.00 9,817.00 11,817.00 Services to maintain structures, grounds 1,010.00 1,010.00 1,010.G0 City Staff Services 10,382.00 7,083.00 7,448.00 Contractual Services 13,913.00 13,250.00 12,615.00 Landscape Supplies 947.00 947.00 947.00 Materials to maintain structures, grounds 2,010.00 2,010.00 2,010.00 Backflow Certification 0.00 0.00 0.00' Professional Services 25,000.00 5,000.00 2,000.00 Supplementals 0.00 575.00 659.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 338.00 Specialized Services 800.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $66,404.00 $40,217.00 $39,369.00 Reserve Requirement (1) $43,162.60 $40,217.00 $39,369.00 Reserve Percent 65% 100% 100% Special Reserve 0.00 20,000.00 0.00 Fund Balance (2) 67.238.34 59.104.33 34.933.69 Net Assessment (3) $42,328.26 $41,329.67 543,804.31 Equivalent Dwelling Units (EDU's) (4) 122 122 122 Collectible/EDU $346.95 $338.77 $359.05 Percent change from prior year 2% _g°/, 58% Misc. Adjustments $0.00 $0.00 $0.00 C©ktE,~TIBLEs,~,eilerkaFnf}~(Y ' ,sue".. . _ SQS~'- ~34t4Q 36Q., Ot Revenue from even dollar payment 42,334.00 $41,358.00 $43,920.00 A~SSESSi1AEt~~, .. _. s ?~ ~s'ra u ~ _~ 868 ' .~' .. ' ;~8~ „_a''. ssessment wlt $386.82 $384.44 Bud4,~... a .. t2' ""~ `~( .' ' ~329~f5~ . _ $322~k~; Percent change from prior year 65% 2% 7% Delr~,c~~e~oy(~Rate„~(ti6 . ' ~ . - .. (1) Reserve Requirement =Estimated Maintenance Cost x Reserve Peroent (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 keen projected teased upon Fiscal Year 2008/09 information (5) CPI Change far Fiscal Year 2009/2010 = 0.62 (fi) Delinquency Rate is as of 5/15/2009 14-38 CITY OF CHULA VISTA OSD 6 (Hilltop Visfa) 2009110 Fiscal Year District Cost Summary t. , 11' 1 ' 11: i' ii 9: Personnel Services $0.00 $0.00 $0.00 Utility Charges 313.00 313.00 313.00 Trash Collection & Disposal Fees 280.00 280.00 280.00 Water Charges 8,834.00 7,334.00 6,559.00 Services to maintain structures, grounds 1,010.00 1,010.00 1,010.00 City Staff Services 5,544.00 4,492.00 4,190.00 Contractual Services 6,374.00 6,070.00 5,782.00 Landscape Supplies 311.00 311.00 311.00 Materials to maintain structures, grounds 2,010.00 2,010.00 2,010.00 Backflow Certification 0.00 0.00 0.00 Professional Services 6,500.00 500.00 494.00 Supplementals 0.00 350.00 339.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 171.00 Specialized Services 500.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost 531,676.00 $22,670.00 521,459.00 Reserve Requirement (1) $26,291.08 $22,670.00 $21,459.00 Reserve Percent 83% 100% 100% Special Reserve 0.00 10,000.00 0.00 Fund Balance (2) 30.603.35 29.102.63 16 563.72 Net Assessment (3) $27,363.73 $26,237.37 $26,354.28 Equivalent Dwelling Units (EDU's) (4) 162 162 162 CollectiblelEDU $168.91 $161.96 $162.68 Percent change from prior year 4% 0% 45% Misc. Adjustments $0.00 $0.00 $0.00 Revenue from even dollar payment $27 378.00 26,244.00 26,406.00 SS . „ ~ .. ~sessmen wt 1.29 19 190.11 . BrTF!~eEII ~€'~ S'~ Percent change from prior year 40% 6% 11 f : ~ ~ 09a (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) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15rL009 14-39 CITY OF CHULA VISTA OSD 7 (Zenith Units 2, 3 & 4) 2009110 Fiscal Year District Cost Summary ~_ rr• r ~ ~i: ~• rr r• . Personnel Services $0.00 $0.00 $0.00 Utility Charges 211.00 211.00 211.00 Trash Collection 8 Disposal Fees 0.00 0.00 0.00 Water Charges 4,550.00 4,550.00 4,550.00 Services to maintain structures, grounds 540.00 540.00 540.00 City Staff Services 3,183.00 3,012.00 3,096.00 Contractual Services 1,966.00 1,966.00 4,321.00 Landscape Supplies 234.00 234.00 234.00 Materials to maintain structures, grounds 2,065.00 2,065.00 2,065.00 Backflow Certification 0.00 0.00 0.00 Professional Services 500.00 500.00 500.00 Supplementals 0.00 180.00 242.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 116.00 Specialized Services 250.00 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 2.221.00 Estimated Maintenance Cost $13,499.00 $13,258.00 $18,096.00 Reserve Requirement (1) $5,939.56 $8,352.54 $3,619.20 Reserve Percent 44% 63% 20% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 5.562.21 7.909.59 8.247.32 Net Assessment (3) $13,878.35 $13,700.95 $13,467.88 Equivalent Dwelling Units (EDU's) (4) 104 104 104 Collectible/EDU $133.43 $131.74 $129.50 Percent change from prior year 1 % 2% 3% Misc. Adjustments $0.00 $0.00 $0.00 CoLLECT[BLE"-,eveh'$ amou`nt,_,<. <. ~~ $'~33i63 r . ,aa,. ;1..,,~ . - ' r, ,,.,'~i132.OQ; .__. :r ,'.',!: ~a$129$4 Revenue from even dollar payment $13,897.52 $13,728.00 $13,503.36 ASSESSMENT. ... ~ ,.~.',r,,. ..~ . ~ t ,.'..~._..~a S133i-~_ ..,.,: ;.4~i328'4r : ..: ~ :.$129x8 Assessment wdh 15 $133.63 $132.81 BudgetlED[.6 ~:~ .~x,'~....,,,, ~ ...,,~ ' / ,~ s...,$,i2'9:8D '~._,~., , ~`: , ,.~._ .~ .,,~$t2~48t °~ "' ", ~' _. $9T4~f10- % Percent change from prior year 2% -27% 28 Delirtquertcy Rate' &) ~~7.69% , " 5:29% (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 Levv ApplOVal Signature Date 14-40 CITY OF CHULA VISTA OSD 8 (Rancho Robinhood Unif 3) 2009/10 Fiscal Year District Cost Summary n-,-',a`2 H" ~• . rr• r ~ • rt: r' • it r. ° Personnel Services $0.00 $0.00 $0.00 Utility Charges 404.00 404.00 404.00 Trash Collection & Disposal Fees 280.00 280.00 280.00 Water Charges 20,200.00 16,900.00 16,020.00 Services to maintain structures, grounds 1,030.00 1,030.00 1,030.00 City Staff Services 11,183.00 10,467.00 10,120.00 Contractual Services 29,705.00 28,290.00 26,940.00 Landscape Supplies 422.00 422.00 422.00 Materials to maintain structures, grounds 2,925.00 2,925.00 2,925.00 Backflow Certification 0.00 0.00 0.00 Professional Services 7,240.00 2,240.00 1,240.00 Supplementals 0.00 920.00 1,004.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 480.00 Specialized Services 1,000.00 0.00 0.00 Stomt Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $74,389.00 $63,878.00 $60,865.00 Reserve Requirement (1) $40,913.95 $61,322.88 $49,909.30 Reserve Percent 55% 96% 82% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 49.188.59 60.278.52 45.809.97 Net Assessment (3) $66,114.36 $64,922.36 $64,964.33 Equivalent Dwelling Units (EDU's) (4) 110 110 110 Collectible/EDU $601.04 $590.20 $590.58 Percent change from prior year 2% 0% - 3% Misc. Adjustments $0.00 $0.00 $0.00 @Et;tz, e~eeia~~ ~~n . .. ~02m'~04 ' , Revenue from even dollar payment $66,220.00 $65,010'00 65,010.00 w. -S,SM .. H "" ssessmen wi $610.45 $606.70 E ~ &~~2,m ~ ~:~ i Percent change from prior year 16% 5°/, 9% (7) Reserve Requirement =Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was p rojected 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 Ye ar 2008/09 information (5) CPI Change for Fiscal Year 2009!2010 = 0.62°~ (6) Delinquency Rate is as of 5/15/2009 14-41 CITY OF CHULA VISTA OSD 9 (EI Rancho del Rey) 2009110 Fiscal Year District Cost Summary • Personnel Services $0.00 $0.00 $0.00 Utility Charges 442.00 442.00 442.00 Trash Collection & Disposal Fees 1,020.00 1,020.00 2,520.00 Water Charges 23,595.00 19,595.00 22,095.00 Services to maintain structures, grounds 980.00 980.00 980.00 City Staff Services 13,090.00 8,368.00 13,027.00 Contractual Services 20,817.00 19,817.00 27,991.00 Landscape Supplies 0.00 0.00 1,005.00 Materials to maintain structures, grounds 4,400.00 4,400.00 4,400.00 Backflow Certification 0.00 0.00 0.00 Professional Services 15,540.00 3,540.00 3,540.00 Supplementals 0.00 875.00 1,337.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 618.00 Specialized Services 1,000.00 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 10.365.00 'Estimated Maintenance Cost 580,884.00 $59,037.00 588,320.00 Reserve Requirement (1) $59,854.16 $59,037.00 $14,572.80 Reserve Percent 74% 100% 16.5% Special Reserve 0.00 10,000.00 0.00 Fund Balance (2) 79.147.39 69.053.61 38.567.16 Net Assessment (3) $61,590.77 $59,020.39 $84,325.64 Equivalent Dwelling Units (EDU's) (4) 384 384 384 Collectible/EDU $160.39 $153.70 $167.51 Percent change from prior year 4% -8% 3% Misc. Adjustments $0.00 $0.00 $0.00 CQEE~t~%~16~E~~,ev~ 3?T,ES~€Tik e ,_` r3( -c+~, "•' s~~~~ :. ... m$Y~a 4~s "`~ ., 16._'k Revenue from even dollar payment $61,824.00 $59,136.00 $64,550.40 ASSESSN}EI!t_ ' i ;.. v` 3w`• _.._: v s.c~"5~~x` ,~. >a as ~ ` ..k . _ ~g~=~0<" ssessmentwlt $173.01 $171.95 Btidge?jEQ ,, ~.. ~, M .'~ ~~, fYs& v Win: _,.. :5~~ ... S23ge~ Percent change from poor year 37% 33% 19% Delon uenlr at ` 6 ~, F ..3 4.~ . ~.. ~',~_ , ' ~,. . ;;±Z"29,°~ .~' °`~ ~r6t64"F (1) Reserve Requirement =Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projectetl on May 19, 2009. (3) Net Assessment =Estimated Maintenance Cost+ Reserve Requirement+ Special Reserve -Fund Balance (4) EDU's have been projectetl 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 14-42 CITY OF CHULA VISTA OSD 10 (EI Rancho del Rey 6 8 Cassa del Rey) 2009/10 Fiscal Year District Cost Summary -- }r• r ~ , rr: r• rr r: , Personnel Services $0.00 $0.00 $0.00 Utility Charges 383.00 383.00 383.00 Trash Collection & Disposal Fees 840.00 840.00 840.00 Water Charges 20,795.00 17,295.00 16,295.00 Services to maintain structures, grounds 850.00 850.00 850.00 City Staff Services 12,562.00 12,840.00 13,261.00 Contractual Services 40,026.00 38,120.00 36,304.00 Landscape Supplies 739.00 739.00 739.00 Materials to maintain structures, grounds 2,575.00 2,575.00 2,575.00 Backflow Certification 0.00 0.00 0.00 Professional Services 4,170.00 4,170.00 3,470.00 Supplementals 0.00 1,150.00 1,330.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 647.00 Specialized Services 1,000.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $83,940.00 $78,962.00 $76,694.00 Reserve Requirement (1) $65,473.20 $71,065.80 $53,685.80 Reserve Percent 78% 90% 70% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 73.550.98 74.415.96 56,429.93 Net Assessment (3) $75,862.22 $75,611.84 $73,949.87 Equivalent Dwelling Units (EDU's) (4) 655.76 655.76 655.76 Collectible/EDU $115.69 $115.30 $112.77 Percent change from prior year 0% 2% 3% Misc. Adjustments $0.00 $0.00 $0.00 ~,.. Revenue from even dollar payment $76,068.16 $75,412.40 $74,100.88 ssessmen w1 116.74 $116.03 Percent change from prior year 6% 3% 4% (1) Reserve Requirement =Estimated Maintenance Cast x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Esdmated,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 2009/20'10 = 0.62 (6) Delinquency Rate is as of 5/15/2009 14-43 CITY OF CHULA VISTA OSD 11 (Hidden Vista Village) 2009/10 Fiscal Year District Cost Summary >t- lt• f ~ • ir: r• • tt r: Personnel Services $0.00 $0.00 $0.00 Utility Charges 687.00 687.00 687.00 Trash Collection & Disposal Fees 4,480.00 4,480.00 4,480.00 Water Charges 33,866.00 28,216.00 27,216.00 Services to maintain structures, grounds 10,000.00 10,000.00 10,000.00 City Staff Services 27,847.00 25,694.00 24,599.00 Contractual Services 58,170.00 55,400.00 52,763.00 Landscape Supplies 711.00 711.00 711.00 Materials to maintain structures, grounds 8,630.00 8,630.00 8,630.00 Backflow Certification 0.00 0.00 0.00 Professional Services 31,600.00 14,600.00 10,242.00 Supplementals 0.00 2,100.00 2,548.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 1,205.00 Specialized Services 2,200.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $178,191.00 $150,518.00 $143,081.00 Reserve Requirement (1) $137,207.07 $150,518.00 $127,342.09 Reserve Percent 77% 100% 69% Special Reserve 0.00 30,000.00 0.00 Fund Balance (2) 177.108.13 197.499.24 120.352.58 Net Assessment (3) $138,289.94 $133,536.78 $150,070.51 Equivalent Dwelling Units (EDU's) (4) 1,321.04 1,321.04 1,321.04 Collectible/EDU $104.68 $101.08 $113.60 Percent change from prior year 4% -11 % 64% Misc. Adjustments $0.00 ($0.08) $0.00 COLLEG'~lB~~~,'~SY,e~rtartSau ~ t "f~,,~ -~` $ttl5,q~ ~ :. ;~~ ;.`. - ~tk'~QOr .j`,?§~' ,``$r<'kT4AQ' Revenue from even dollar payment $138,709.20 $133,424.96 $150,598.56 /ISSESSM,EN Y~~ ,~i: 9Fr10 ~'~'~ $~'~"?'~te °f"';r~, 'C4~7+8) ssessment cal 118.13 $117.41 BudgeClEUtI y"~ ~ .I ' "~ . Est .'~~~~ ,; ' "..I a.,._ ~~~4'Gs~~~~ .~.. "~, 'ia 1©1~ Percent change from prior year 18% 5°/, 2% e?'{fi . . , Del rnq~Tertc~g~?t ~ ~ ~ 'y } ~`~~~~4~% : ~ ss`4:Q~°~c fig" > ~ m : w~ _ .. , _ ., _ (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 infonnatien (5) CPI Change for Fiscal Year 2009/2010 = O.fi2% (6) Delinquency Rate is as of 5/i5/2009 14-44 CITY OF CHULA VISTA OSD 14 (Bonifa Long Canyon) 2009/10 Fiscal Year District Cost Summary ~- ti• t ~ • tt: i• tt t: • Personnel Services $0.00 $0.00 $0.00 Utility Charges 2,045.00 2,045.00 2,045.00 Trash Collection & Disposal Fees 5,600.00 5,600.00 5,600.00 Water Charges 117,205.00 97,705.00 97,705.00 Services to maintain structures, grounds 3,150.00 3,150.00 3,150.00 City Staff Services 56,432.00 53,779.00 54,281.00 Contractual Services 140,470.00 133,770.00 127,397.00 Landscape Supplies 3,176.00 3,176.00 3,176.00 Materials to maintain structures, grounds 12,940.00 12,940.00 12,940.00 Backflow Certification 0.00 0.00 0.00 Professional Services 42,115.00 22,115.00 12,115.00 Supplementals 0.00 5,000.00 5,605.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 2,732.00 Specialized Services 4,600.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $387,733.00 $339,280.00 $326,748.00 Reserve Requirement (1) $290,799.75 $305,352.00 $248,326.96 Reserve Percent 75% 90% 76.0% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 352.951.56 322.493.15 257.296.41 Net Assessment (3) $325,581.19 $322,138.85 $317,776.55 Equivalent Dwelling Units (EDU's) (4) 863 863 863 Collectible/EDU $377.27 $373.28 $368.22 Percent change from prior year 1 % 1 % 3% Misc. Adjustments $0.00 $0.00 ($8.63) ,FE€~""16~, a 6Lt7iu[i. -. 0 .."' ~i :6. Revenue from even dollar payment 326,214.00 $321,899.00 $318,429.74 ESSM ~ _, ~9~~ . , ssessmen wit 379.78 377.44 Batt" 1!E ~~ 3QB P ercent change from prior year 14% 4% 7% ~,~,{ . ~aSLt'uS,:', E. a .. ., tt~d . (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 Requirament+ 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°~ (fi) Delinquency Rate is as of 5/15!2009 14-45 CITY OF CHULA VISTA OSD 75 (Bonita Haciendas) 2009/10 Fiscal Year District Cost Summary e- tr• r • rr: r• • IC t: • Personnel Services $0.00 $0.00 $0.00 Utility Charges 179.00 179.00 179.00 Trash Collection & Disposal Fees 1,400.00 1,400.00 280.00 I Water Charges 6,600.00 5,500.00 7,000.00 Services to maintain structures, grounds 800.00 800.00 800.00 City Staff Services 5,843.00 4,175.00 4,223.00 Contractual Services 4,505.00 4,290.00 4,087.00 Landscape Supplies 204.00 204.00 204.00 Materials to maintain structures, grounds 1,710.00 1,710.00 1,710.00 Backflow Certification 0.00 0.00 0.00 Professional Services 12,620.00 2,620.00 1,120.00 Supplementals 0.00 310.00 322.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 172.00 Specialized Services 500.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $34,361.00 $21,188.00 $20,097.00 Reserve Requirement (1) $21,097.65 $21,188.00 $15,273.72 Reserve Percent 61% 100% 76% Special Reserve 0.00 6,000.00 0.00 Fund Balance (2) 36.218.45 28.229.92 15,210.07 Net Assessment (3) $19,240.20 $20,146.08 $20,160.65 Equivalent Dwelling Units (EDU's) (4) 57 57 57 CollectiblelEDU $337.55 $353.44 $353.70 Percent change from prior year -4% 0% 47% Misc. Adjustments $0.00 $0.00 $0.00 CO~~~GT(~9~E'-;I~vg~artgui~ .. dt d ~. $33~E.Q,4r `, o 3~4~O;k _ ~~~'~4q Revenue from even dollar payment $19,266.00 $20,178.00 $20,178.00 .KSSESSMEI~ ;_. `, r.... , $36, .. ~ ~~k'~~ _ _ .~54`,Q2 ssessmentwl $364.36 $362.12 BltrdgetlED ., a'~ t4 ~ j`. _, m $fit)2~2~ ~ ,'tti~3m ~m ''. . ~ 2:58? Percent change from prior year 62% 5% 9% FSel.r.~rtlttienc~lTatk~`~8~? ~=i ~~~~ `! .rn - `: ~° 'i~ °~ ~ ~88a° ~ a ._ ., , . ,,~ . . m .k ; (1) Reserve Requirement =Estimated Maintenance Cast 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 - Funtl Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change For Fiscal Year 2009/2010 = 0.62% (fi) Delinquency Rate is as of 5/15/2009 14-46 CITY OF CHULA VISTA OSD 17 (Bel Air Ridge). 2009/10 Fiscal Year District Cost Summary ~• , 11• 1 • 11: 1' 11 1: • Personnel Services $0.00 $0.00 $0.00 Utility Charges 0.00 0.00 0.00 Trash Collection & Disposal Fees 560.00 560.00 560.00 Water Charges 0.00 0.00 0.00 Services to maintain structures, grounds 0.00 0.00 0.00 City Staff Services 2,088.00 968.00 1,240.00 Contractual Services 1,250.00 1,250.00 1,190.00 Landscape Supplies 550.00 550.00 550.00 Materials to maintain structures, grounds 3,100.00 100.00 100.00 Backflow Certification 0.00 0.00 0.00 Professional Services 0.00 0.00 0.00 Supplementals 0.00 50.00 67.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 46.00 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 $7,748.00 $3,478.00 $3,753.00 Reserve Requirement (1) $5,113.68 $3,478.00 $3,002.40 Reserve Percent 66% 100% 80% Special Reserve 0.00 3,000.00 0.00 Fund Balance (2) 7.515.42 4.864.89 1,451.54 Net Assessment (3) $5,346.26 55,091.11 $5,303.86 Equivalent Dwelling Units (EDU's) (4) 46 46 46 Collectible/EDU $116.22 $110.68 $115.30 Percent change from prior year 5%' -4% 42% Misc. Adjustments $0.00 $0.00 $0.00 ~~~~FTt "`~. ,orb,. ~ ~ 9~ ,~=Q Revenue from even dollar payment $5,382.00 $5,106.00 $5,336.00 ssessmen cal $174.41 $173.34 m ~5~.~~ S~s& Peroent change from prior year 123% -7% -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 + Special Reserve -Fund Balance (4) EDU's have been projected basetl upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 20092010 = 0.62M (6) Delinquency Rate is as of 5/152009 14-47 CITY OF CHULA VISTA OSD 18 (Rancho del Sur) 2009110 Fiscal Year District Cost Summary - e- tt' t ~ , tt: t• ll t: 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 Backflow 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 5109,868.02 596,146.75 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 $0.00 Cc7~C:EP~~)B~F'e~te$mdyri _ , ~, ,; ,266~Qf~`r , '.'_ _. ~ ...< ~$~z4t~ 32~'~~g0,„ Revenue from even dollar payment $115,710.00 $110,055.00 $96,135.00 ASSESSME ~. ' . ~. '~`, &;!<. '. .. :'< $409<li'.~F ~e'", §4d44S~ ssessmen wl $412.16 $409.62 tlEq Bu d~ e . ,; ~ .$?9~~` .... _ ~,$27~&`a'16'~ $254:50 ~ , ° ,.. Percent change from prior year . 8% -1 % 6% Delrnyuency~,.~afw.,,(6 . " ~ :~, ,. ;'." "~W ' . 8~°~ ,~. ~' . a , '~fi'~°f° (1) Reserve Requirement =Estimated Maintenance Cast 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 keen projected based upon Fiscal Year 2008/09 infonna6on (5) CPI Change for Fiscal Year 2009/2010 = 0.62 (6) Delinquency Rate is as of 5!15/2009 14-48 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 1) 2009110 Fiscal Year District Cost Summary ~- ~r• t ~ , tt: t• • at t: • 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 8ackflow Certification 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 530,834.00 $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 CollectiblelEDU $35.19 $61.92 $61.46 Percent change from prior year -43% 1 % 350% Misc, Adjustment $0.00 $0.04 ($10.95) Revenue from even dollar payment 31,545.36 $54,328.1.6 $54,220.78 S 63~ _ ~_ ssessmen wrt $63.69 $63.31 _ ... ...' ,mom Percent Change from prior year -98% 266% -9% ~~ _.: .. .. .... .: ... .. 5~~~8r°~ ~. • ,° ,. , tl (1) Reserve Requirement =Estimated Maintenance C ost x Reserve Percent (2) The estimated June 30, 2009 fund balance was p rojected on May 19, 2009. (3) Net Assessment =Estimated Maintenance Cost + Reserve Requirement + Specia l Reserve -Fund Balance+Costs from monies previously collecte d + 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 14-49 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 2) 2009/10 Fiscal Year District Cost Summary 3- 1 1• 1' • 1 1: 1• • 1 1 I • Personnel Services $0.00 $0.00 $0.00 Utility Charges 136.00 136.00 136.00 Trash Collection & Disposal Fees 0.00 0.00 280.00 Water Charges 2,400.00 2,400.00 5,400.00 Services to maintain structures, grounds 100.00 100.00 250.00 City Staff Services 3,246.00 3,111.00 6,663.00 Contractual Services 7,678.00 7,678.00 19,519.00 Landscape Supplies 0,00 0.00 460.00 Materials to maintain structures, grounds 450.00 450.00 950.00 Backflow Certification 0.00 0.00 0.00 Professional Services 337.00 337.00 1,337.00 Supplementals 0.00 200.00 622.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 362.00 Storm Maintenance 0.00 0.00 0.00 Specialized Services 200.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Operating Reserve Collection 0.00 0.00 31,330.46 Estimated Maintenance Cost $14,547.00 $14,412.00 $67,309.46 Reserve Requirement (1) $0.00 $0.00 $0.00 Reserve Percent 0% 0% 0% Special Reserve 0.00 0.00 0.00 Fund Balance (2) (27.652.64) (36.480.181 (12.253.39) Net Assessment (3) $42,199.84 $50,892.18 $79,562.85 Equivalent Dwelling Units (EDU's) (4) 3,959.38 3,959.38 3,959.38 CollectiblelEDU $10.66 $12.85 $20.09 Percent change from prior year -17% -36% 94% Misc. Adjustment $0.00 ($0.84) ($21.75) GQ~~E~~IBfw._ ~ vei~,5!~~o(AGL a ... . ,: - t ~#8. .x 3 . , sS~=B "tir';`~$~~~ Revenue from even dollar payment $19,084.21 $19,004.18 $18,547.74 ,t4SSESSMEN~. A .. , n w ,,. '~t~$g "' : ~`.lSt :. .... ~ $;' ssessment wlt . $4.82 $4.80 BudgetlFFA.m ,' .. ~h ": Y -". w" ~" m~;' , :. .,~ .a~ .u.~ ' ' I~$'~~' Percent Change from prior year 1 % -79% 90% DelrAngfirenc~~Rat~'(6)ic„*, a'~`m.~ `:~_~ ,~ m, :.~..r~ .."~.<,, '~a ' ~,..~ ~®. ~~'F~'~~ (1) Reserve Requirement = EsBmated 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 informaticn (5) CPI Change for Fiscal Year 2009/2010 = 0.62 (6) Delinquency Rate is as of 5/15/2009 14-50 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 3) 2009/10 Fiscal Year District Cost Summary >ta 11' i , 11' 1 , 73 1: Personnel Services $0.00 $0.00 $0.00 Utility Charges 409.00 409.00 409.00 Trash Collection & Disposal Fees 0.00 0.00 0.00 Water Charges 9,829.00 8,189.00 8,189.00 Services to maintain structures, grounds 500.00 500.00 500.00 City Staff Services 7,000.00 6,649.00 5,618.00 Contractual Services 16,842.00 16,040.00 15,275.00 Landscape Supplies 2,260.00 2,260.00 2,260.00 Materials to maintain structures, grounds 3,130.00 3,130.00 3,130.00 Backflow Certification 0.00 0.00 0.00 Professional Services 4,850.00 1,850.00 1,050.00 Supplementals 0.00 570.00 629.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Specialized Services 600.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 303.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost 545,420.00 $39,597.00 537,363.00 Reserve Requirement (1) $36,336.00 $39,597.00 $37,363.00 Reserve Percent 80% 100% 100% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 45.554.45 44.531.42 44.518.22 Net Assessment (3) 536,201.55 534,662.58 530,207.78 Equivalent Dwelling Units (EDU's) (4) 6,142.50 6,142.50 6,142.50 Collectible/EDU $5.89 $5.64 $4.92 Percent change from prior year 4% 15% 1 % Misc. Adjustments $0.00 $0.02 $0.00 even dollar payment o m Reven ue fr $36,855.02 $36,855.04 $30,712.52 ~ ~ r~ ~ C / ssessmen wrt $6.89 $6.85 - ft4,~~;~ 5- 5 Percent Change from prior year 15% 6% 2% $, u (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 keen projected hosed upon Fiscal Year 2008/09 information (6) CPI Change for Fiscal Year 2009/2010 = 0.62 (6) Delinquency Rate is as of 5/15/2009 14-51 CITY OF CNULA VISTA OSD 20 (Rancho del Rey Zone 4) 2009/10 Fiscal Year District Cost Summary ~- its t tt: t~ ~ tr t: Personnel Services $0.00 $0.00 $0.00 Utility Charges 1,200.00 1,200.00 409.00 Trash Collection & Disposal Fees 280.00 280.00 280.00 Water Charges 28,795.00 23,995.00 23,995.00 Services to maintain structures, grounds 1,869.00 1,869.00 1,869.00 City Staff Services 20,971.00 14,202.00 14,004.00 Contractual Services 33,915.00 32,300.00 30,761.00 Landscape Supplies 860.00 860.00 860.00 Materials to maintain structures, grounds 2,380.00 2,380.00 2,380.00 Backflow Certification 0.00 0.00 0.00 Professional Services 44,000.00 4,000.00 2,500.00 Supplementals 0.00 1,180.00 1,372.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 657.00 Specialized Services 1,800.00 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 56.242.53 Estimated Maintenance Cost $136,070.00 $82,266.00 $135,329.53 Reserve Requirement (1) $136,070.00 $55,118.22 $135,329.53 Reserve Percent 100% 67% 100% Special Reserve 0.00 0.00 64,032.00 Fund Balance (2) 136.070.00 92,551.65 115.503.69 Net Assessment (3) $136,070.00 $137,384.89 $219,187.37 Equivalent Dwelling Units (EDU's) (4) 2,602.49 2,602.49 2,602.49 Collectible/EDU $52.28 $52.79 $84.22 Percent change from prior year -1 % -37% 250% Misc. Adjustments $0.00 ($0.11) $0.00 C(JN:~EG~TIB~E~.e~ve5~$°ama~±~~; .~~ .`~,~ ,, 9~3°..t~ ~ ~ ° g~53 4r ~" ,. 52'xQ Revenue from even dollar payment $137,931.97 $137,931.86 $135,329.48 A~S,tSSlul~ _ _ ~ : ,,. &~ ?` ;?`.`;'~. _'`'$S33~"~w '~ _' .. _ ' `+° ' ~?,~?`~~r r,ate: $5~ 0A ssessmen wl $53.52 $53.19 Bktti~J,~~'_~~„.., c:.M+ ^ w .~ I .~^ p ,. $5252'NeA 4 " "~.n ~ t`k ~{ r:r ws I x' $52:~E Percent change from prior year 65% -39°/, 80% ETelinqueit~~Etat~:66+ e, ° ~ en« .` ; .~~ .:~rv~ ~'._''~. -~ .~,M .,~ _.. `~*~ ,1;~'[a°(a .;'~~..,°~;,s....~#~';`fi~~Q°fo (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 Casts (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change far Fiscal Year 2009/2010 = 0.62 (6) Delinquency Rate is as of 5/15/2009 14-52 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 5) 2009110 Fiscal Year District Cost Summary Personnel Services $0.00 $0.00 $0.00 Utility Charges 3,314.00 3,314.00 3,314.00 Trash Collection & Disposal Fees 3,360.00 3,360.00 3,360.00 Water Charges 154,218.00 129,218.00 149,218.00 Services to maintain structures, grounds 12,152.00 12,152.00 12,152.00 City Staff Services 103,103.00 106,731.00 111,720.00 Contractual Services 303,630.00 289,130.00 234,076.00 Landscape Supplies 7,700.00 7,700.00 7,700.00 Materials to maintain structures, grounds 18,798.00 18,798.00 18,798.00 Backflow Certification 0.00 0.00 0.00 Professional Services 93,093.00 93,093.00 61,093.00 Supplementals 0.00 9,800.00 10,877.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporete Yard Debt Services 0.00 0.00 5,669.00 Specialized Services 8,500.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $707,868.00 $673,296.00 5617,977.00 Reserve Requirement (1) $368,091.36 $336,648.00 $444,943.44 Reserve Percent 52% 50% 72% Special Reserve 0.00 0.00 569,912.00 Fund Balance (2) 421.734.11 388.742.12 1 176.706.60 Net Assessment (3) $654,225.25 $621,201.88 $458,125.84 Equivalent Dwelling Units (EDU's) (4) 1,795 1,795 1,795 Collectible/EDU $364.47 $346.07 $254.11 Percent change from prioryear 5% 36% 3% Misc. Adjustments $0.00 , $0.00 $0.00 ~;Q&l~;, B~ , ~.. art+ii,. _. StOx S2~Si.00 Revenue from even dollar payment $655 175.00 $622,865.00 $457,725.00 ssessmen wlt $387.01 $384.63 - Percent change from prior year 5% 9% 4% (t) 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 keen 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 14-53 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 6) 2009/10 Fiscal Year District Cost Summary a a Personnel Services $0.00 $0.00 $0.00 Utility Charges 818.00 818.00 818.00 Trash Collection & Disposal Fees 2,240.00 2,240.00 2,240.00 Water Charges 36,200.00 30,200.00 30,200.00 Services to maintain structures, grounds 9,690.00 9,690.00 9,690.00 City Staff Services 19,952.00 20,352.00 19,747.00 Contractual Services 50,610.00 48,200.00 46,379.00 Landscape Supplies 1,700.00 1,700.00 1,700.00 Materials to maintain structures, grounds 2,150.00 2,150.00 2,150.00 Backflow Certification 0.00 0.00 0.00 Professional Services 6,900.00 6,900.00 4,400.00 Supplementals 0.00 1,800.00 2,112.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 941.00 Specialized Services 1,800.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimafed Maintenance Cost 8132,060.00 $124,050.00 $120,377.00 Reserve Requirement (1) $81,877.20 $74,430.00 $114,358.15 Reserve Percent 62% 60% 95% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 91.743.48 81.597.55 127.858.47 Net Assessment (3) $122,193.72 $116,882.45 5106,876.68 Equivalent Dwelling Units (EDU's) (4) 568.21 568.21 568.21 Collectible/EDU $215.05 $205.70 $188.09 Percent change from prior year 5% 9% 32% Misc. Adjustment $0.00 $0.00 ($0.01) CQC~EEu~IB,LE~~~!e~?S~?4~t? "~` "~~ e ` . "_ "=`. $2,'46±<0 °~~~:r~,~: _ . .. SZg&.~6~ ,:-. t ;. ~89AfF, Revenue from even dollar payment $122,733.36 $117,051.26 $107,391.68 SSES„5)Gl~F7?.... - ~. ~`'?~. ~~3t5~ ".' .aµv tr?t9~. _~,..,,+ ' $!2Sva`i Y r~2B8;33=, ssess men wlt $2 9 7 3 7 $295.54 • y ~' B~~~~C)~ar v. .~¢p,~a S4FN~t~4~~ rv i iui+ [~y ~}.~'` SE~~3.. ,WL~~4YlIFn / ; p[µ~~ j 3. ixL~ryfYa ~m~0 BC~Sy~,S'~J. Y ff{ d_SM~~~~~~.: Percent change from prior year 6 % 3% 4% 9~e:'ijc~~t~t;`(,&~' ` . ~'~Y " "_. ,~ .. .. `"~~ '°;.. ,: -..:~7u &TM~ ~;°...'~j ; • t~' SetO"o (1) Reserve Requirement =Estimated Maintenance Cost z Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estmated 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 14-54 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 7) 2009/10 Fiscal Year District Cast Summary Personnel Services $0.00 $0.00 $0.00 Utility Charges 1,159.00 1,159.00 1,159.00 Trash Collection & Disposal Fees 560.00 560.00 2,240.00 Water Charges 62,760.00 62,760.00 66,760.00 Services to maintain structures, grounds 3,000.00 3,000.00 17,150.00 City Staff Services 41,141.00 32,047.00 45,066.00 Contractual Services 115,835.00 89,850.00 110,319.00 Landscape Supplies 1,000.00 1,000.00 3,750.00 Materials to maintain structures, grounds 5,140.00 5,140.00 10,140.00 Backflow Certification 0.00 0.00 0.00 Professional Services 45,000.00 0.00 16,810.00 Supplementals 0.00 2,900.00 4,892.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 2,231.00 Specialized Services 3,200.00 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 0.00 118,414.47 Estimated Maintenance Cost 5278,795.00 $198,47.6.00 $398,931.47 Reserve Requirement (1) $214,672.15 $198,416.00 $0.00 Reserve Percent 77% 100% 0% Special Reserve 0.00 45,000.00 0.00 Fund Balance (2) 278.795.00 227,979.07 148,786.83 Net Assessment (3) 5214,672.15 $213,852.93 $250,144.64 Equivalent Dwelling Units (EDU's) (4) 1,176.789 1,176.789 1,176.79 Collectible/EDU $182.42 $181.73 $212.57 Percent change from prior year 0% -15°/, 24% Misc. Adjustment $0.00 ($0.02) ($8.74) Revenue from even dollar payment $215,352.39 $214,175.58 $209,871.76 ssessmen wl $183.56 $182.43 FIe~.~s'' , .tai 829 .~:" ~„ _ , ~r Pe r cent chang from prior year e 41 % -50% 49% { [ ( ~ {e (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 200912010 = 0.62% (6) Delinquency Rate is as of 5/152009 14-55 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 8) 2009/10 Fiscal Year District Cost Summary a~ tt• t rt: r~ tt t: . Personnel Services $0.00 $0.00 $0.00 I Utility Charges 0.00 0.00 0.00 Trash Collection 8 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 1,553.00 1,060.00 ~ 0.00 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 Certification 0.00 0.00 0.00 Professional Services 0.00 0.00 0.00 Supplementals - 0.00 0.00 0.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 0.00 Specialized Services 100.00 0.00 0.00 Storm Water Maintenance 3,000.00 3,000.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated MaintenanceCast $4,653.00 $4,060.00 $0.00 Reserve Requirement (1) $4,653.00 $4,060.00 $0.00 Reserve Percent 100% 100% 75% Special Reserve 0.00 10,000.00 22,267.40 Fund Balance (2) 4.653.00 13.310.10 18.493.55 Net Assessment (3) $4,653.00 $4,809.90 53,773.85 Equivalent Dwelling Units (EDU's) (4) 118.82 118.82 118.82 Collectible/EDU $39.16 $40.48 $31.76 Percent change from prior year -3% 27% 202% Misc. Adjustments $0.00 $0.00 $0.00 ` OLE=`+EC~[BE, h ~eYeri*~S~~at3trn {. , "', . $AOOQ~ ' 1546k°Otl~ ~. $ 2k©~ » i , Revenue from even dollar payment _ . $4,752.80 , $4,752.80 .. , 4. „ $3,802.24 ASSN, SMEN~ , :r . ,~ ~ 23r q '"'""~. $42+06); , a :.. ~~Fr'~~' ssessmen wd $42.32 $42.06 BUd9e)/El?f1;)' ~'~-.ran , - r., inf. '. = 5 . r ~,~;344'k7~ ,„,, F~ktE;QO„ Percent change from prior year 15% 3317% 0% .., ., , D$)tnif~~tc~`r[2$t~(6~ ",: ~,~: ~a4°~o : !OQS°!u " ~~ ~., ,.~„ . ,- . .n ~ .r .~ (t) Reserve Requirement =Estimated Maintenance Cast x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Ne[ Assessment =Estimated Maintenance Cost+ Reserve Requirement + Special Reserve -Fund Balance + Costs from monies previously collected +gmortized 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 5/75/2009 14-56 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 9) 2009/10 Fiscal Year District Cost Summary ~- 11• f , tt: t• 11 t: • 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 1,280.00 1,346.00 310.00 Contractual Services 1,435.00 1,435.00 1,435.00 Landscape Supplies 0.00 0.00 0.00 Materials to maintain structures, grounds 0.00 0.00 0.00 Backflow Certification 0.00 0.00 0.00 Professional Services 0.00 0.00 0.00 Supplementals 0.00 100.00 88.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 41.00 Specialized Services 100.00 0.00 0.00 Storm Water Maintenance 3,000.00 3,000.00 3,000.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cast $5,815.00 $5,881.00 $4,874.00 Reserve Requirement (1) $0.00 $0.00 $0.00 Reserve Percent 0% 0% 0% Special Reserve 0.00 0.00 992.00 Fund Balance (2) 3.518.64 2.967.46 885.05 Net Assessment (3) $2,296.36 $2,913.54 $4,980.95 Equivalent Dwelling Units (EDU's) (4) 52.4611 52.4611 52.46 Collectible/EDU $43.77 $55.54 $94.95 Percent change from prior year -21 % -42°/, 204% Misc. Adjustment $0.00 ($0.96) ($2.21) Revenue from even dollar payment $1,762.17 $1,750.72 1,710.08 SESS;I~1E $33s`t`u<„ ssessment wl $33.59 33.39 8rid9eC~El~w Percent chang e f rom prior year -1% 214% -8% ~ p~ p (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 = EsOmated 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 (or Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 14-57 CITY OF CHULA VISTA OSD 23 (Ofay Rio Business Park) 2009/10 Fiscal Year District Cost Summary ~- rt• t ~ tr: t• • tt s: • Personnel Services $0.00 $0.00 $0.00 Utility Charges 936.00 936.00 936.00 Trash Collection & Disposal Fees 560.00 560.00 560.00 Water Charges 7,169.00 7,169.00 7,669.00 Services to maintain structures, grounds 440.00 440.00 490.00 City Staff Services 9,409.00 10,246.00 9,467.00 Contractual Services 29,459.00 29,459.00 30,932.00 Landscape Supplies 660.00 660.00 660.00 Materials to maintain structures, grounds 900.00 900.00 1,500.00 Backflow Certification 0.00 0.00 0.00 Professional Services 7,500.00 7,500.00 7,980.00 Supplementals 0.00 850.00 1,100.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 440.00 Storm Maintenance 0.00 0.00 0.00 Specialized Services 800.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Operating Reserve Collection 0.00 0.00 7.078.71 Estimated Maintenance Cost $57,833.00 $58,720.00 $68,812.71 Reserve Requirement (1) $37,157.70 $29,947.20 $5,849.08 Reserve Percent 64.25% 51 % 8.50% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 52.519.56 37,846.16 25.000.00 Net Assessment (3) $42,471.14 $50,821.04 $49,661.79 Equivalent Dwelling Units (EDU's) (4) 90.06 90.06 90.06 Collectible/EDU $471.59 $564.30 $551.43 Percent change from prior year -16% 2% 4% Misc. Adjustment $0.00 ($0.03) ($0.55) C©.~LEG~g~,E,~~~~N$,am4tf~4t°"wi.,. ~-~;~~'„'~, :$qr~2~~ .,..~k~~ "` &56,!~~a &~~~e' Revenue from even dollar payment $42,508.32 $50,835.24 $49,697.26 ,4; '1,°=`~~~ _:,~ ,~5&,~t96~ a~., . " :. ~~~~4~ as ~$&. '; ssessment wit $567.96 $564.46 Br~cfgeftEDCfa'`;~~+ ~`~. )tom ' .., w^??~'~:;,~~ ~ak!~~.,. °~'$~ffs~~ ~,`~, " &52 ~~~ .. ' $i~~:Q8 Percent change from prior year -2% -15% 13% DeLi~quency~.EEate (6,b~~ ~t,,:: ,... :~??) ..~~Cfi~`~"~ ,."f f` ~ ...±s'"'r { _,. ~~~% i~ a - dr~4~;~° (1) Reserve Requirement =Estimated Maintenance Cosi 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 t 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%a (6) Delinquency Rate is as of 5/15/2009 14-58 CITY OF CNULA VISTA OSD 24 (Canyon View Homes) 2009110 Fiscal Year District Cost Summary r- tt' t tr: r` • tt r: Personnel Services $0.00 $0.00 $0.00 Utility Charges 136.00 136.00 136.00 Trash Collection & Disposal Fees 280.00 280.00 280.00 Water Charges 10,979.00 9,179.00 9,179.00 Services to maintain structures, grounds 710.00 710.00 710.00 City Staff Services 4,465.00 4,443.00 4,647.00 Contractual Services 7,224.00 6,880.00 6,555.00 Landscape Supplies 400.00 400.00 400.00 Materials to maintain structures, grounds 2,700.00 2,700.00 2,770.00 Backflow Certification 0.00 0.00 0.00 Professional Services 473.00 473.00 473.00 Supplementals 0.00 370.00 427.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 221.00 Specialized Services 500.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $27,867.00 $25,571.00 525,798.00 Reserve Requirement (1) $27,072.79 $25,571.00 $21,928.30 Reserve Percent 97% 100% 85.0% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 34.050.64 31 303.60 26.815.00 Net Assessment (3) $20,889.15 $19,838.40 $20,911.30 Equivalent Dwelling Units (EDU's) (4) 40 40 40 CollectiblelEDU $522.23 $495.96 $522.78 Pement change from prior year 5% -5°/, 8% Misc. Adjustments $0.00 $0.00 $0.00 ~~~ B .° rrj<S'rtf4.. $52310 $49,9 `' Revenue from even dollar payment $20,920.00 $19,840.00 $20,920.00 SSESSME ~~~ ~' ~_ ~ &~; ~8~ ssessmen wit $706.13 $701.78 ~» .~ttEQ fi.4&ct3~r1 , u . ' _ . .:.@3t~'„:2 . ~~. Percent change from prior year 9% -1 % 7% (1) Reserve Requirement =Estimated Maintenance Cost x Reserve Percent (2) The estlmated June 30, 2009 funtl balance was projected on May t9, 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 far Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 14-59 CITY OF CHU~A VISTA OSD 26 (Park Bonita) 2009/10 Fiscal Year District Cast Summary ~- . rr• a + ll: r• • rl r: 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 WaterCharges 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 72.00 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 Cat~E~'~kBf=~~~~yj°n~&°amc,; ri -t . cx a.. ~#At~ ";' , v "`,~ ~5r~8Ot;OQ~ , , ~.~~~, 4 >RO Revenue from even dollar payment $9,614.00 $9,120.00 $8,930.00 ASSES~NLEN~.. ... , ~ , ,, `3„ ``?.~' ` S55Qr?r ,. ~ . x ° S~i3flt4fn ssessment wlt $554.20 $550.78 6ptlgeC/,EQ.. Itx ,~. ~ ~ . ~ $§fiSE x t:, ~3~~9r°'tfi~; .. .,..® , $,`$586 Percent change from prior year 39% 5°/, 4% Del~nq`ti,°'gn4y!tE~ate;(6);r" ."... `, 5~- ~~'m .~ .#' $.:fi....+., ,~~~°~ ~ ~`S~~~k°l (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 Requlrement+ 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 14-60 CITY OF CHULA VISTA OSD 31 (Telegraph Canyon Estafes) 2009/'10 Fiscal Year District Cost Summary ~- rr• r ~ , rr: r• ' rr r: • Personnel 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 Backflow 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 Mainfenance 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) 139.203.00 152.862.53 144.966.00 Net Assessment (3) ;96,050.07 592,257.47 $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 $0.00 ~E~w '' Qti e~,~e' a~qu~ .H 2 Rt$` ., .269f~tt S2',k1 Revenue from even dollar payment $96,383.00 92,267.00 $92,610.00 S S ~ . _ Syr ?~ ~~ ~ : :± ssessmen wt 572.48 $568.96 Percent change from prior year 19% -1 % 5% 4~~Grl 5~. ~~sr 4 ' ,°~ o .., (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 = Estimatetl.Maintenance Cost + Reserve Requirement + Special Reserve -Fund Balance (4) EDU's have keen 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 14-61 2?JL"?i'I~J r75cu3 ~i ° J7 .a: ~" ~ iii" :";ai - *~9r ~4"t, a; t~ ~/ ter ~ , ~R=r ern=I ~_ ,ica~ $0.00 ~ ?~ 0~ ~ $0 JO ~ Ut ~ r'ha ~ 1 c~7.G0 i,6 7 GO 1 637 r I i~ o,Y +on & Di~pc ~~ ~ ;,a.- ~_°0.00 ~ 280.C0 ~ ~.G6~ ' ~ PJ ~,. 2 ,82.001 ~, 1:,.00 33io1f0 r - lu P'. 6ntain -rJCf_.r~S, r, hlnCis] ~ i JGl).i)G ~ ~ `iUG.GO ~ 1 9G J ~G ~I z ~ ~/,ees ~ 13 3^G.JO'p 1_,0,7.00 2~ 3.,.00 ~ , ~ ~- o~/ ces 4' J20.~~0 i cv ,9,.,_4.00 ~ °" a G 00 v c ~ SupDlrses ~ ' 800.00 i 00 ~ 3 687 2JO.C0 ~ 3 68 ' 00 2 G~ 0 JO n 3 87 00 +_ ,~ ~c m~~ main ~ ructures, Sr_ n~ ~ ~ . , . . ,u . I - ~,v;, ~, wl ati~~n C.00 0.00 ! 0.00 . ,~ ~ for ~' ;ices 20,000.00 2,000.00: SOG.00 ~ '~ t, r 0.00 1,360.00 2L'1.OU ~~r Commodiiies ~ 0.00 0.00 0.00 ~~;^ dv:ris~.ing OAO 0.00 0.00 r ra~s?er: GorNc~rate Yard Debt Seraices 0,00 0,00 i,13's.00 -_~:;;:ialized Ser/ices 1,500.00 0.00 0.00 13i•_rm iJiaintenance 0 ~0 0.00 0.00 ~-;ecial Maintenance Fund 0.00 0.00 Q00 ~O;-crating Reserve Collection 0.00 0.00 165.39'1.41 ~~'~°~r~ate¢iCc?aintea~aneeCost I~~e $i17,84vA0 $8;1,596.00 $28u,619.41 serve 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 ~fVetAssessmecrt(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% -SS% 130% Misc. Adjustment $0.00 (0.05) ($19.59) GOL~E~~S~Ba„tE"``~„elkerY~$,4a~otin. , ~~ `~~.°~"~'FO(~ ... _~ z~ ~ ~5'~2OE~a ` ,''' ~~2'4 Revenue from even dollar payment 109,589.78 $101,159.74 $107,378.36 kSSEeSSMEA~E ' _, ~ _. !. ~ ' tam: '~~~~,$t113%S~ ~ ,~ .- ~5Y;3: "` _ `, ssessmentwlt $13.11 $13.03 Bttd ~ ~;r :k ,,: 5` 9 ,~4 .., - ~ . ~l ~"~ ~~~;„ ~~=98k ~'~2~6~ ° 6; :.- ,., Pement change from prior year 11 % -65°/, 131 Delrrtgit?~riejrt~at(~~~s'~'.' .::. i`~~ ~k ~ ~:..~ ~~~~ ..~''~ ` ~ ~,'a~CS~ B~°+`a .._ ~ ~ 3"~ (7) 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 14-62 CITY OF CHllLA VISTA OSD Eastlake Maintenance District #1 (Zone B) 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 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 Backflow 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 Estimated Maintenance Cost 5106,742.00 $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 Collectible /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 Revenue from even dollar payment $67,527.60 $54,022.08 $50,645.70 ..~.: - ~ 2t}r ssessment wl $21.42 $21.30 ~~'~ . 6i ~ Percent change from prior year 89% 3% 2% m ... ~~1.._ _ ~: ~ .. ~ Q ~ ~ (1) Reserve Requirement =Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30; 2009 fiund balance was projected on May 19, 2009. (3) Net Assessment =Estimated Maintenance Cost+ Reserve Requirement t 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 14-63 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone C) 2009/10 Fiscal Year District Cost Summary ~: ~ tt• t ~ tt: t• ~ ti l: 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 Backtlow 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 Storm Maintenance 0.00 0.00 0.00 Special 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 $168.40 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 $0.00 C,Q,~;CEG ppF:, e~err~$~amotnt~, ~ra~' ... ~)!'w.. .. .. ~ . Wit; ~~,S~;Q~ m. 3,33v~~~; ~>> .: fr;~1„ id a ~ bR '',~r:.°, '.'~~$~9 Revenue from even dollar payment $2,500.00 $3,000.00 $1,500.00 ASSESSME "~~' ._ $' ~ `:~ r~ ~ ~-I`. ~.:'.'r'; C~4 ° r" €2"~6' ssessmentwit $177.50 $176.41 Percent change from prior year -10% -56°/, 5% Del~que~cju`~Pater(6, . ~u'~~~u~~;` Sys ~ s~~` ,~~•L h,, ~ ~~ ,.,~,~~~0;00~ ; ").,:'" .E:40c°.$ (1) Reserve Requirement =Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009-fund balance was projected on May t9, 2009. (3) Net Assessment =Estimated Maintenance Cast + Reserve Requirement + Special Reserve • Fund Balance (4) EDU's have keen 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 14-64 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone D) 2009110 Fiscal Year District Cost Summary ~- rr• r rr:r• ' rt t: • Personnel Services $0.00 $0.00 $0.00 Utility Charges 1,228.00 1,228.00 1,228.00 Trash Collection 8 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) 572,174.44 $69,886.51 $96,069.89 Equivalent Dwelling Units (EDU's) (4) 423.40 423.40 423.40 OtayLakesRdCollectible/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 Go~~~.-BiL .'tk~t~tttra@rl... 7~9. .a . 6~t~ _ $23;U:~t Revenue from even dollar payment 73,248.20 $71,131.20 $97,382.00 .~~ ~ ~. .~.. _ Ste„ ~ ssessment wi $236.74 $235.28 d ~d ~ 32 $ , •,. Percent change from prior year 57% -31 % 30% 'tT~ ." ~~ •, . , . ~~ y~Fi~e (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 = Estimatetl Maintenance Cost+ Reserve Requirement+ Special Reserve -Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change far Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 14-65 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1(Zone E) 2009/10 Fiscal Year District Cost Summary 9- /1' 1 11: 1' 11 1: ' 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 2,215.00 1,163.00 1,309.00 Contract Services 0.00 0.00 6,080.00 Landscape Supplies 0.00 0.00 0.00 Materials to maintain structures, grounds 0.00 0.00 0.00 Backflow Certification 0.00 0.00 0.00 Professional Services 0.00 0.00 0.00 Supplementals 0.00 150.00 242.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 69.00 Specialized Services 150.00 0.00 0.00 Storm Water Maintenance 6,080.00 6,080.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost 58,445.00 57,393.00 ;7,700.00 Reserve Requirement (1) $3,166.88 $7,393.00 $7,700.00 Reserve Percent 38% 100% 100% Special Reserve 0.00 30,000.00 45,028.00 Fund Balance (2) 8.445.00 35.370.65 48.410.00 Net Assessment (3) 53,166.88 59,415.35 512,018.00 Equivalent Dwelling Units (EDU's) (4) 366.3709 366.3709 366.37 Collectible/EDU $8.64 $25.70 $32.80 Percent change from prior year -66% -22% 28% Misc. Adjustment $0.00 ($0.38) ($5.52) ~V CQLLEG ~E&~`-~i~("d~4~4 k :arc A 5 ~;_ ' SP" : ~~'t ~8t '`t~~ „ . . ... .. . . „ , . , Revenue from even dollar payment $3,169.11 $9,525.26 $12,011.42 ssessmen wl $33.75 $33.55 Percent change from prior year -90% -4% -6% Delet44rfe~~7~'~ateG~lt~kru;"~`~~,r~, ;~! .~~ ~*.: . ~~?I~Cr _ d~=3'k ;., „>R.~~` $°_ (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°h (6) Delinquency Rate is as of 5/15/2009 14-66 CITY OF CHULA VISTA OSD Bay Boulevard 2009110 Fiscal Year District Cost Summary s• tt•' t • tt: t~ tt t: • Personnel Services $0.00 $0.00 $0.00 Utility Charges 1,092.00 1,092.00 1,092.00 Trash Collection & Disposal Fees 475.00 475.00 475.00 Water Charges 5,400.00 5,400.00 5,400.00 Services to maintain structures, grounds 600.00 600.00 600.00 City Staff Services 5,846.00 6,280.00 6,098.00 Contractual Services 0.00 0.00 0.00 Landscape Supplies 850.00 850.00 850.00 Materials to maintain structures, grounds 230.00 230.00 230.00 Backflow Certification 0.00 0.00 0.00 Professional Services 0.00 0.00 0.00 Supplementals 0.00 270.00 236.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 180.00 180.00 Transfer: Corporate Yard Debt Services 0.00 0.00 111.00 Specialized Services 200.00 0.00 0.00 Storm Water Maintenance 180.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $14,873.00 $15,377.00 $15,272.00 Reserve Requirement (1) $11,638.12 $15,377.00 $15,272.00 Reserve Percent 78.25% 100% 100% Special Reserve 0.00 15,000.00 0.00 Fund Balance (2) 14.873.00 30.867.09 11.347.00 Net Assessment (3) $11,638.12 $14,888.91 $19,197.00 Equivalent Dwelling Units (EDU's) (4) 6.39 6.39 6.39 Collectible/EDU $1,821.30 $2,329.72 $3,004.23 Percent change from prior year -22% -22% -2% Misc. Adjustments $0.00 $0.00 $0.00 Revenue from even dollar payment 11,642.58 14,888.70 19,195.56 ssessmen cal 3,278.58 .. 3,258.38 ... d. ~8 „ Percent change from pnoryear -3% 1 % 12% ~e~~?s~~~€S`~?a6~ : ka u (i) Reserve Requirement = Estimatetl Maintenance Cost x Reserve Percent (2) The esOmated June 30, 2009 fund balance was projected on May'19, 2009. (3) Net Assessment =Estimated Maintenance Cost + Reserve Requirement + Special Reserve -Fund Balance (4) Equivalent Dwelling Units for the Bay Boulevartl District are calculated at t EDU per acre and have been projected based upon Fiscal Year 2008/09 informa8on. (5) CPI Change for FY 2009/2010 = 0.62%, (6) Delinquency Rate is as of 5/15/2009 14-67 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT N0. 1 (ELMD #1), AND BAY BOULEVARD MAINTENANCE DISTRICT WHEREAS, prior to the adoption of this Resolution, the City Council caused the formation of various districts under and pursuant to state law; and WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, dba NBS has prepared and filed, on behalf of and under the direction of the City Engineer, the annual Engineer's Report for all existing Open Space Maintenance Districts in the City; and WHEREAS, on June 23, 2009, Council approved this annual Report and set July 14, 2009 as the date for the public hearing; and WHEREAS, the proposed assessments for Fiscal Year 2009/2010 are as follows: ' i ~nnsses"siten.Y "er EL?tk 3~~: CalfecYf6fe~' ec Elahl, = =Assessment VS.'tCollectFble' Proposed FY Proposed FY Projected Open Space District or Zone FY 08/09 09110 FY OSI09 09110 Variance ($) Variance (%) Revenue 2 $54.52 $54.85 $54.00 $54.00 $0.00 0.00% $13,446.00 3 ~ 373.25 375.56 373.25 375.00 1.75 0.47% 47,625.00 4 394.24 396.68 388.00 391.00 3.00 0.77% 82,110.00 5 384.44 386.82 339.00 347.00 8.00 2.36% 42,334.00 fi 190.11 191.29 162.00 169.00 7.00 4.32% 27,378.00 7 132.81 133.63 132.00 133.63 1.63 1.23% 13,897.52 8 60fi.70 610.45 591.00 602.00 11.00 1.86% fi6,220.00 9 171.95 173.01 154.00 161.00 7.00 4.55°/ 61,824.00 10 116.03 116.74 115.00 116.00 1.00 0.87°/ 76,068.16 11 117.41 118.13 101.00 105.00 4.00 3.96% 138,709.20 14 377.44 379.78 373.00 378.00 5.00 1.34% 326,214.00 15' 362.12 364.36 354.00 338.00 (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 Zone 1 -Desilting Basin 63.31 63.699 62.00 36.00 (26.00) -41.94% 31,545.36 Zone 2 -Rice Canyon 4.80 4.827 4.80 4.82 0.02 0.42% 19,084.21 Zone 3 - H Street 6.85 6.89fi 6.00 fi.00 0.00 0.00% 36,855.02 one 4 -Business Center 53.19 53.520 53.00. 53.00 0.00 0.00% 137,931.97 Zone 5 - SPA I 384.63 387.011 347.00 365.00 18.00 5.19 % 655,175.00 Zone 6 -SPA II 295.54 297.376 206.00 216.00 10.00 4.85 % 122,733.36 Zone 7 -SPA III 182.43 183.563 182.00 183.00 1.00 0.55 % 215,352.39 Zone 8 - N Desilting Basin 42.06 42.322 40.00 40.00 0.00 0.00% 4,752.80 Zone 9 - Tel C n Channel 33.39 33.594 33.39 33.59 0.20 0.60 % 1,762.17 14-68 pen Space District or Zone hid .C Ni '>:u.U ~ .~i~1~3'se Runt ..~° Proposed FY FY 08/09 09110 '~~' e5_fn :~ .FR GtF n.. .,. .. .. 'u~o~ee,~i~rfe; eFF.DU: f'•. Proposed FY FY 08/09 09/70 ar+4~ "~°LVi §5 , Y°* ~: 3 .A~ss~s~rren~tvs~='.~OII',~"~t~I~f Variance $) Variance %) i ~^.~,';~, :,J~,+:.p Projected Revenue 23' $564.46 $567.96 $564.46 $472.00 ($92.46) -16.38% $42,508.32 24 701.78 706.13 49fi.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 31 568.96 572.48 269.00 281.00 12.00 4.46% 96,383.00 33111 1,406.12 1,414.84 1,438.31 1,414.84 (23.47) N/A (5) 0.00 ELMD No. i Otay Lakes Rd (2) N/A N/A 2.50 2.50 0.00 0.00 31,716.75 one A - Eastlake I 13.03 13.11 12.00 13.00 1.00 8.33% 109,589.78 Zone B -Eastlake Greens 21.30 21.42 16.00 20.00 4.00 25.00% 67,527.60 Zone C - Oly Training Ctr 176.41 177.50 6.00 5.00 (1.00) -16.67% 2,500.00 Zone D -Salt Creek I 235.28 236.74 168.00 173.00 5.00 2.98 % 73,248.20 Zone E -Tel Cyn ChnI1a1 33.55 33.75 26.00 8.65 (17.35) -66.73% 3,169.11 _ Bay Boulevard l4) 3,258.38 3,278.58 2,330.00 1,822.00 508.00 -21.80% 11,642.58 (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, staff would recommend collecting money for maintenance. (2) Zones A - D share in the cost of Otay Lakes Road medians and off-site parkways. Colledihle 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. (3) Portions of Eastlake I and Eastlake Greens are in this benefit area. (4) Bay Boulevard rates are teased on acres. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as to all Open Space and Maintenance Districts referenced in this Resolution, as follows: 1. That it finds that written protests against the proposed assessment have not been made by owners representing more than one-half of the azea of land to be assessed. 2. That it confirms the diagram and assessment contained in the Engineer's Report. 3. That it orders that the open space and maintenance facilities be maintained. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the adoption of this Resolution constitutes the levy of assessments and collectibles as proposed in the Engineer's Report for the 2009/2010 fiscal year for Open Space Districts 2 through 11, 14, 15, 17, 18, Z0, 23, 24, 26, 31 and 33, Eastlake Maintenance District No. 1 (ELMD #1), and Bay Boulevard Maintenance District. Presented by Richazd A. Hopkins Director of Public Works 14-69 RESOLUTION N0.2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 1 WHEREAS, prior to the adoption of this Resolution, the City Council caused the formation of various districts under and pursuant to state law; and 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, the annual Engineer's Report for City Open Space District 1; and WHEREAS, on June 23, 2009, Council approved this annual Report and set July 14, 2009 as the date for the public hearing; and WHEREAS, the proposed assessment for Fiscal Year 2009/2010 is as follows: "''` ~ ~ ~,`~Assessmerif° er ~DtJ, . ~E'oU ctitile ei'EDfY _°; /455essttiegCVS. Collestibte!: ., . Open Space District or Zone Proposed FY FY 08/09 09/10 Proposed FY FY 08109 09/10 Variance ($) Variance (% ~ Projected Revenue 1 $117.54 $118.26 $110.00 $112.00 $2.00 1.82°/ $73,656.80 Total Projected Revenue $73,656.60 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as to City Open Space District 1, as follows: 1. That it finds that written protests against the proposed assessment have not been made by owners representing more than one-half of the area of land to be assessed. 2. That it confirms the diagram and assessment contained in the Engineer's Report. 3. That it orders that the open space and maintenance facilities be maintained. 14-70 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the adoption of this Resolution constitutes the levy of assessments and collectibles as proposed in the Engineer's Report for the 2009/2010 fiscal yeaz for City Open Space District 1. Presented by Richazd A. Hopkins Director of Public Works Approved as to form by -~ ! ~~ ~ 1 art ~f. Mies e t~ ~~ty Attorney 14-71 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE TOWN CENTRE MAINTENANCE DISTRICT WHEREAS, prior to the adoption of this Resolution, the City Council caused the formation of vazious districts under and pursuant to state law; and WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group dba NBS has prepared and filed, on behalf of and under the direction of the City Engineer, the annual Engineer's Report for the Town Centre Maintenance District; and WHEREAS, on June 23, 2009, Council approved this annual Report and set July 14, 2009 as the date for the public heazing; and WHEREAS, the proposed assessment for Fiscal Year 2009/2010 is as follows: Proposed FY Proposed FY Projected r Open Space District or Zone FY 08!09 09/10 FY 08!09 091'10 Variance ($) Variance (%) Revenue I Tawn C~~ 0.12 0.121 0.00 - ____ 0.00 Total Projected Revenue! SO.c (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 by the City Council of the City of Chula Vista, as to the Town Centre Maintenance District, as follows: 1. That it finds that written protests against the proposed assessment have not been made by owners representing more than one-half of the area of land to be assessed. 2. That it confirms the diagram and assessment contained in the Engineer's Report. 3. That it orders that the open space and maintenance facilities be maintained. 14-72 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the adoption of this Resolution constitutes the levy of assessments and collectibles as proposed in the Engineer's Report for the 2009/2010 fiscal year for the Town Centre Maintenance District. Presented by Richazd Hopkins Director of Public Works Approved as to form by ~~ ~, ~ Bart . Mies~ld j ~(,~ity Attorney 14-73 CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULA VISfA July 14, 2009, Item No.: ~J~ ITEM TITLE: PUBLIC HEARING: PCZ-08-04 Consideration of an application filed by SKK Realty, LLC-requesting a rezone from MHP-Exclusive Mobilehome Pazk to R3 Apartment Residential Zone, with a Precise Plan Modifying District. RESOLUTION: of the City Council of the City of Chula Vista finding that the applicant has complied with required provisions of LUT Section 7.17 of the Chula Vista General Plan regazding an application to rezone property currently designated MHP (Exclusive Mobilehome Pazk) Zone. ORDINANCE: of City of Chula Vista amending the Zoning Map established by Section 19.18.010 to rezone one 4.35 acre parcel located at 701 D Street from MHP (Exclusive Mobilehome Pazk) Zone to R-3-P (Apartment Residential, Precise Plan) Zone. SUBMITTED BY: Director of Develo ment Services/Deputy City Manag~ REVIEWED BY: City Manage 4/Sths Vote :Yes X No BACKGROUND The vacant 4.35 acre project site was the former location of Jade Bay Mobile Lodge, a 76 space mobilehome park established in 1960 under Conditional Use Permit (C-59-1). At the time the park was established, the zoning for the property was R-3 (Apartment Residential). On November 28, 1978, the City Council established the MHP (Exclusive Mobilehome Pazk) Zone. On June 11, 1980, the zoning for the project site was changed from R-3 to MHP in recognition of the existing Jade Bay Mobile Lodge. The mobilehome park remained until 2006. Following the conclusion of bankruptcy proceedings which began in eazly 2006, the site was vacated. The applicant, SKK Reality LLC ("Applicant"), now wishes to rezone the property to the original R- 3 zoning designation for the property. This would allow for future development of a high density multi-family project. In addition, the applicant is requesting a "P" Precise Plan Modifying District also be added to the site (see Attachment 3). 15-1 Meeting Date: 07/08/09 Page 2 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 proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR OS-Ol. Thus, no further environmental review or documentation is necessary. RECOMMENDATION That the City Council adopt the attached Draft City Council Ordinance and Resolution, based on the findings contained therein. BOARDS/COMMISSION RECOMMENDATION This item was heazd by the Planning Commission on June 24, 2009. Issues raised by the public and the commissioners included the relocation of former tenants of the Jade Bay Mobilehome Pazk and that the requested rezone was not accompanied by a development proposal for the site. The Planning Commission voted (4-1-0-2) to recommend City Council approval of the project. (see Attachment 8). DISCUSSION Project Site Chazacteristics: The 4.35 acre site is located within the urbanized area of Western Chula Vista. The site is located at the northwest corner of D Street and Woodlawn Avenue. The western portion of the site is located in proximity to Interstate 5 Freeway. Primary access to the site is currently provided directly from D Street. The existing site is relatively flat, and was previously occupied by a mobilehome park. The existing surrounding land uses include apartments to the north, single- and multi-family residential to the east and a mobilehome pazk to the south. To the west is the Interstate 5 Freeway. The following is a summary of existing uses and General Plan and Zoning designations. 15-2 Meeting Date: 07/08/09 Page 3 Existing Zoning and Land Uses General Plan CV Municipal Code Zoning Existing Land Use Site RH-High Density MHP (Exclusive Vacant Residenrial (18-27 Mobilehome Park) du/ac) North RMH Medium-High R-3 (Apartment Residential) Existing Apartrnents Residential (I1-18 du/ac) South RH-High Density MHP (Exclusive Existing Mobilehome Park Residential (18-27 Mobilehome Pazk) du/ac) East RMH-Residential- R-3 (Apartment Residential) Existing Single and Multi-Family Medium-High (11-18 Residential du/acre) West Open Space Unzoned San Diego Trolley/Interstate 5 Project Description: The project consists of rezoning a vacant 4.35 acre site formerly utilized fora 76 space mobile home park. No development project is proposed on the site at this time. The purpose of the rezone is to make the zoning consistent with the General Plan and to allow the site to be developed under the R-3 zoning designation ANALYSIS: Rezone The proposed rezoning of the property to R-3 is consistent with the 2005 General Plan land use designation of High Density Residential (18-27 du/ac). The zoning designation would in essence, revert back to the R-3 zoning designation that originally applied to the project site prior to MHP rezoning in 1980. Now that the site is vacant, the R-3 designation would be the most appropriate zoning to apply to the site since it is consistent with the existing General Plan designation. Since the original development of the mobilehome pazk, more housing types at a variety of income levels have been developed within Chula Vista and under the proposed R-3 zoning designation more such housing would be permitted to be developed. Land Use General Plan Consistency The site and surrounding neighborhood consists of a mixture of apartments to the north, single and multi-family residential to the east and an existing mobilehome pazk to the south. The General Plan land use designations are for Medium High density to the north and east (11-18 15-3 Meeting Date: 07/08/09 Page 4 du/ac) and High Density Residential (18-27 du/ac) for both the project site and the area immediately to the south. Objective-LUT 55 encourages redevelopment of E Street between Interstate 5 and Broadway with mixed use, especially near the E Street Trolley Station, and an emphasis on visitor-serving uses, with some office and multi-family residential. The project site is located within the E Street Visitor District Focus Area of the Interstate 5 Corridor District. Policy LUT 55.2 is "to provide for the development of High Density Residential multi-family housing north of visitor uses on E Street, taking advantage of the views to the Bayfront and beyond. Since the site is now vacant, the applicant's request to change the zoning to R-3 would be appropriate since it would be consistent with the General Plan designation for the site. No development is proposed at this time. Rezoning the property to R3 would support the construction of new, multi-family development at the densities anticipated under the General Plan. This should benefit the neighborhood since future high density development will provide an appropriate transition between the San Diego Troiley/Interstate 5 freeway to the west and medium-high density development to the east. Precise Plan Modifying District In order to allow future design flexibility and to enable the City to require enhanced design elements on the property a Precise Plan Modifying District would be established. The precise plan would address the unique chazacteristics of the property in relationship to its surrounding area. Since no specific development is being proposed at this time, the current request is to only add the "P" modifier to the zoning designation. At the time an actual development project is submitted, precise plan standazds would be proposed and adopted prior to approval of any development project entitlements. The "P" Precise Plan Modifying District ("P-modifier") Section 19.56.040 states that the purpose of the P-modifier is "to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specifc conditions of approval .... " It is further provided in section 19.56.040 that "[wJithin the boundaries of the P district, the location, height, size and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. " Section 19.56.041 sets forth the circumstances under which the "P" modifier may be established for a pazcel. Specifically, Section 19.56.041 describes four circumstances, at least one of which must be present, in order to consider the approval of a P-modifier. Three of these circumstances aze substantiated below: (a) The subject property, or the neighborhood or area in which the property is located, is unique by virtue of topography, geological characteristics, access, confguration, traffic circulation or some social or historical situation. requiring special handling of the development on a precise plan basis. The proposed P-modifier will provide necessary safeguards so that at the time of future development of the site, consideration will be made of the unique chazacteristics of the site as well as its location and surroundings. Currently, the 15-4 Meeting Date: 07/08/09 Page 5 subject property is only accessible from two sides of the subject property, from Woodlawn Avenue and D Street. Due to proximity to the San Diego Trolley line/Interstate 5 freeway to the west, and existing development to the north, it would not be feasible to construct either public or private streets along these boundaries. Such limited access may pose some unique and significant challenges as far as routine ingress and egress, emergency access and general traffic circulation. Additionally, this could result in the bulk of housing having to be located within the eastern and southern portions of the site. The P modifier would allow flexibility in the future to make modifications to development standazds such as building setbacks in order to accommodate future on-site development proposals. Because no actual development is planned in conjunction with this rezone request, no actual precise plan guidelines aze being requested at this time. (b) The property or area in which the modifying district is applied is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the area so designated to coexist between land usages which might otherwise prove incompatible. The proposed P-modifier will allow future development of the site to achieve greater compatibility with the existing surrounding land uses. Directly north of the project site, the land which is zoned R-3 ("Apartment Residential Zone") is developed primarily with apartments and other multi-family structures. To the east, although also designated R-3, contains a mixture of both single and multi family development. To the south of the project site, the land which is zoned MHP (Exclusive Mobilehome Pazk) is fully developed as an 85 unit mobilehome park. To the west of the project site, the land contains certain road improvements serving Interstate 5 and the right of way for the San Diego Trolley line. In light of the diversity of existing land uses surrounding the project site, staff believes that the application of the P-modifier to the project site will allow greater design control over the eventual development of the project site to insure compatiblity with the existing uses surrounding the project site. Due to the proximity of Interstate 5 to the west of the project site and associated noise and air quality concerns, it may be beneficial to design a future project in such away that it is primarily oriented away from the freeway. (c) The basic or underlying zone regulations do not allow the property owner and/or the city appropriate control or jlexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zone. The existing development standards under the R-3 ("Apartment Residential Zone") may be insufficient with respect to providing the City with the "appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. " Application of the P-modifier can provide flexibility in setback requirements. This would allow for 15-5 Meeting Date: 07/08/09 Page 6 a development to achieve a greater sepazation from the Interstate 5 freeway to the west without reducing the overall amount of density which may be achieved. In this regazd, it would help achieve the Chula Vista General Plan goal of providing higher density residential development in proximity to existing transit facilities. Specifically, policy LUT 1.8 is to pursue higher density residential categories that aze not being met within the City. In addition, it would allow for additional design restrictions which will result in a better site design and layout. A rezone request typically accompanies a request for a particulaz development proposal for the property. In this particulaz case, however, no development project is being proposed. Thus, although a P-modifier is being requested for the zone, no accompanying precise plan guidelines or standards are being requested for approval at this time. Establishment of the P-modifier will provide future flexibility to establish development standazds if necessary to accommodate the preferred site design. Compliance with Mobile Home Park Closure Requirements and Overlay District Typically, a site containing a MHP zoning designation would contain an existing mobilehome park at the time of a request for change in land use or rezone. As a result, a request to rezone a property currently zoned MHP with an existing mobilehome pazk would be accompanied by documentation outlining compliance with both Chapter 9.40 of the Chula Vista Municipal Code (CVMC) as well as Section 32 of the Land Use and Transportation Element of the Chula Vista General Plan. Chapter 9.40 outlines the specific criteria that must be contained within a required relocation plan for residents of the existing mobilehome park. Such a plan would typically have to be approved prior to consideration of closure of the park and subsequent rezoning of the property. A Mobile Home Pazk Overlay District (MHPOD) described in Section 7.17 of the Land Use and Transportation Element was established in October 2006. The objective of this newly added Section was to ensure sufficient evaluation and response to the effects of any change of use or urban redevelopment of existing mobilehome park developments. The MHPOD further refines and updates the procedural requirements for mobilehome pazk closure and resident relocation contained in Chapter 9.40, raises the required review and approval level for the relocation plan to the City Council and contains additional findings which must be met regarding the closure of the existing mobile home pazk. Thirty two existing mobile home parks were incorporated into the MHPOD, thereby subjecting them to the applicable objectives and policies established therein. More specifically, Policy LUT 34.A.2 states that at the time of any proposed change of use and/or rezoning of any of the 32 properties listed under the mobile home pazk overlay district, the City Council shall review the relocation plan which, shall contain provisions to mitigate any adverse impacts of the conversion of a mobile home park on the affected residents. The adopted policies relied heavily on compliance with Chapter 9.40 of the Municipal Code with its own established sets of procedures to follow. 15-6 Meeting Date: 07/08/09 Page 7 What is unique about this rezone request is that all residents have been relocated and the site is totally vacant. Jade Bay Mobile Home Pazk, filed banla~uptcy in 2006. The Bankruptcy Court exercised its jurisdiction to effect park closure. Thereafter, the City retained special banlmiptcy counsel to attend the bankruptcy proceedings and (to the extent possible) to help ensure that the residents' relocation needs were met. While the City was not involved with the bankruptcy proceedings, it did monitor the situation. On several occasions, staff, Special Bankruptcy Counsel and various City Council Members met with the residents to explain the bankruptcy process to them. The City also retained a relocation specialist to provide staff with assistance in determining the residents' eligibility for City assistance. In addition, the residents were provided with the following information on affordable housing options and available affordable housing assistance: (1) HOME Investment Partnership Program funds to assist very low and low-income residents with rent and security deposits; (2) Affordable rental opportunities throughout the City; (3) First-time homebuyer programs for low and moderate-income residents though the City's inclusionazy housing policy; and (4) Section 8 rental assistance. During the bankruptcy proceedings, Jade Bay submitted a Banlffuptcy Plan that proposed to provide the residents with relocation benefits of approximately 15% of the appraised value of their coaches. The tenants were then offered full appraised value if residents signed legally binding stipulations approved by the Federal banluptcy judge and vacated the premises earlier. (See Attachments 3 and 4). In the stipulations, each resident legally waived his or her rights to demand additional relocation benefits in the future. Since the conclusion of the bankruptcy proceedings, all of the residents of the Park moved out of the Park; thus, leaving the Pazk in its current vacant state. It is important to note that the "Applicant" for the rezone (who is the owner of the subject property), and Jade Bay, former operator of the Pazk aze "legally" two separate entities. The applicant has prepared documentation that was submitted to the City, which describes why it contends that the bankruptcy proceedings superseded local ordinances regarding mobilehome park closures. Since the Pazk is currently vacant and since the former residents executed Federal Court approved stipulations formally accepting the relocation benefits offered to them by Jade Bay as satisfying their relocation claims, the relocation provisions of Chapter 9.40 are not applicable in this particulaz instance (i.e., notification procedures etc). Specific aeeas where the applicant has complied with applicable areas of this Chapter are described below. The mobile home park no longer exists on the project site and there are no residents who will be displaced as a result of the requested rezone action. Nonetheless, as part of the Rezone application, the applicant has provided detailed supplemental information to the City as to why he believes the previous owner complied with Chapter 9.40 and the MHPOD in the context of the Federal Bankruptcy proceedings. This information has been incorporated into the fmdings detailed in the following section. 15-7 Meeting Date: 07/08/09 Page 8 Policy 34.A.2, referenced above, outlines findings which must be made in order to consider the rezoning of a property currently zoned MHP, as specifically stated below: LUT 34.A.,2 At the time of consideration of any change of use and/or rezoning of any of the mobilehome properties noted above, the City Council shall review the plan prepared under Policy 34.A.1 and prior to taking action on said change of use and/or rezoning in accordance with the requirements of Municipal Code Chapter 19.06 and section 19.12.030, shall make the following Endings, as outlined below: That the proposed change in use and/or rezoning will not adversely affect attainment of the City's goal to provide a variety of housing options within the City. The proposed change in use/rezone will not adversely affect the City's housing goals since the project site is currently vacant and, therefore, does not currently contribute any units towazds the housing stock. Since the development of the Jade Bay Mobile Lodge there have been a greater diversity of housing types developed for a variety of income limits within Chula Vista, offering more varied housing options. Rezoning of the property to allow for multi-family development will help achieve the City's goal of achieving a variety of housing types. This will help achieve the goal of General Plan Policy LUT 1.9, which is to provide opportunities for development of housing that respond to diverse community needs in terms of density, size, location and cost. Multi-family allows for either rental or condominium units to be developed on the site. Typically, the rents or sales prices for these units would be lower than that of asingle-family dwelling. The City's General Plan for this site is currently High Density Residential so that the rezoning would result in the existing zoning to be brought into greater conformance with the General Plan. Further, this would help achieve the City's General Plan policy of achieving a variety of housing options. Policy LUT 1.19 requires that land use intensities be evaluated in conjunction with any zone change and/or General Plan Amendment to permit density or modify intensity. Factors to be considered include, but aze not limited to, the maximum intensity allowed for the applicable land use designation in the General Plan, traffic circulation patterns, environmental constraints, and compatibility with surrounding land uses. The requested rezone to R-3 is the most consistent zone with the existing RH designation of the General Plan. The proposed change of use and/or rezoning is supported by sound planning principles, and higher density, affordable replacement housing within the City will remain in sufficient supply. The General Plan designation for the project site is RH that allows for multi- family development at a density range of 18-27 dwelling units per acre, a higher 15-8 Meeting Date: 07/08/09 Page 9 density than is typical for a mobilehome park type development. Thus, the proposed change to R-3 zoning is consistent with the City's desire for higher density development in the azea. Any future development will be required to comply with the City's Balanced Communities ("Inclusionazy") Housing Element Policy for affordable housing. As stated in General Plan Policy H5.1, newly constructed residential development projects containing 50 or more units, shall include a minimum of 10% as on-site affordable housing. Since the proposed zoning will allow for multi-family housing consistent with the high density designation of the General Plan, it will provide for more affordable housing units than other types of residential development. Future development of the site will provide housing opportunities to many in the form of affordable rental or ownership units due to the inclusionary policy mentioned above. That the proposed change of use and/or rezoning will not result in severe or undue hardship on affected mobilehome resident. This finding is not applicable since the project site is currently vacant and no residents live on the site. At the time, under the bankruptcy proceedings, the court did require pazk operator, Jade Bay, to comply with a certain level of relocation assistance, which was accomplished with the court approved stiputations. The applicant has further indicated that previous tenant Jade Bay provided additional assistance above and beyond that required by the court. That the property owner and/or project proponent plan complies with applicable City and State mobile home park conversion and relocation regulations. This finding is not applicable since the site is currently vacant and no residents live on the site. Instead of specifically following the state and local conversion and relocation regulations, the mobilehome pazk was closed following the proceedings of the Federal Bankruptcy Court. At the same time, the majority of the provisions of Chapter 9.40, which requires the development of a relocation plan, were complied with according to the bankruptcy court. That prior to the commencement of any closure of the mobilehome development, that the property owner(s) will prepare and ensure conformance of a detailed closure and relocation plan consistent with the requirements of CVMC Section 9.40 and applicable State regulations, and to the satisfaction of Directors of Planning and Building and Community Development. The Jade Bay Mobile Lodge that previously operated on the site was closed through federal bankruptcy proceedings. Therefore the requirements "prior to the commencement of any closure' is not applicable under the circumstances. Staff has reviewed other applicable materials outlined in Section 9.40.030(B) of the Chula Vista Municipal Code, which was provided as supplemental information to the Rezone application request. 15-9 Meeting Date: 07/08/09 Page 10 In light of the above, the subject three findings aze not applicable since the bankruptcy court approved relocation. These fmdings concern potential hardship of the rezone on affected mobilehome pazk residents, compliance with all applicable City and State mobile home park conversion and relocation regulations and the requirement that a detailed closure and relocation plan be approved prior to commencement of any closure. The applicant cannot comply with these fmdings as the site is currently vacant and no residents live on the site. Compliance with Chapter 19.80 of Chula Vista Municipal Code The provisions of Chapter 19.80 (which aze based upon the Cummings Initiative) aze not applicable to this rezone request, since MHP is not one of the specific zoning categories listed in 19.80.070. It should also be noted that per Section 4.92 of the Land Use and Transportation Element of the City's General Plan, mobilehome pazks aze listed under the category of the "Medium-High Residential" density category (11-18 dwelling units/acre) which is the same density category as the R-2 zoning designation. The next highest category of "High Residential" density category (18-27 dwelling units/acre) is most consistent with the R-3 zoning category, which is only one residential zoning category higher than the R-2. Thus, even if the Cummings Initiative were to apply to this site (which it does not) the rezone request would be consistent with this provision since MHP is only one zoning category higher than Medium Density Residential (R-2). DECISION-MAKER CONFLICTS: 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 subject to this action. CURRENT FISCAL YEAR IMPACT: The applicant has paid all costs associated with processing of the proposed rezone. ONGOING FISCAL IMPACT: There will not be any on-going fiscal impacts associated with the rezone because the site is vacant and no project is proposed at this time. Attachments 1 Locator 2 Planning Commnission Resolution 3 Figures 4 Letter to Tenant dated 12/12/06 5 Stipulation by and between Debtor and Park Tenant 6 Chapter 9.40 Chula Vista Municipal Code 7 Section 7.17 of Land Use and Transportation Element of Chula Vista General Plan 8 Meeting Minutes from Planning Commission 9 Ownership Disclosure Form 15-10 ATTACHMENT 1 LOCATOR 15-11 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR APPLI~r SKK Realty, LLC. 701 D Street AD RE S ATTACHMENT 1 D S : SCALE: FILE NUMBER NORTH No Scale PCZ-08-04 15-12 ATTACHMENT 2 PLANNING COMMISSION RESOLUTION 15-13 RESOLUTION NO. PCZ-08-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT REZONE PCZ-08-04 FOR 4.35 ACRES LOCATED AT 701 D STREET. WHEREAS, a duly verified application for a Rezone was filed with the City of Chula Vista Planning Department on June 9, 2008, by SKK Realty, LLC ("Applicant"); and WHEREAS, the Applicant requests approval of an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from the MHP (Exclusive Mobilehome Park) Zone to R-3 (Multi Family Residential, Precise Plan) Zone with a "P" Precise Plan Modifying District ("Project"); and WHEREAS, the area of land commonly known as 701 D Street, which is the subj ect matter of this Resolution, and is depicted in Exhibit "A", attached hereto and incorporated herein by this reference, and which consists of one parcel totaling 4.35-acres located at 701 D Street ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed prof ect for compliance with the California Environmental Quality Act (CEQA) and determined that since the proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIIt OS-Ol no firrther environmental review or documentation in necessary; and WHEREAS, the Development Services Director set the time and place for a hearing on the Project and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., June 24, 2009, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on June 24, 2009, as set forth in the record of its proceedings and hereby incorporated herein byreference as though set forth in full, made certain findings, and recommended that the City Council approve the Project, based on certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Draft City Council Ordinance adopting Rezone PCZ -08-04, rezoning the Project Site from the MHP (Exclusive Mobilehome Park) Zone to the R--3-P (Multi Family Residential, Precise Plan) Zone with "P" Modifying District and Draft City Council Resolution for Findings for rezoning a site related to the Mobilehome Park Overlay District. 15-14 Planning Commission Resolution - PCZ 08-14 Page 2 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHLTLA VISTA, CALIFORNIA, this 24`" day of June, 2009, by the following vote, to-wit: AYES: Spethman, Moctezurna, Clayton, Vinson NOES: Thompson ABSENT: Tripp, Felber ABSTAIN: ATTEST: Diana Vargas, Secretary Presented by: Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director William C. Tripp, Chair Approved as to form by: Bart Miesfeld City Attorney 15-15 ATTACHMENT 3 FIGURES 15-16 R3 ZO~te R3P o~ ~~i ~9L //\\m s Pst ~~ O ~90 ~l 701 D Street; Proposed Zone "R3P" ATTACHMENT 4 LETTER TO TENANT DATED 12/12/06 15-19 DEC ]. ~ 2006 GEr 1 5 2006 7~Teaaut AtESCI~ed aae two ori~csal amts. Plr~e foll3w the .4aar~~= blow ~ elite the ~ym~t Prods: I. Ply rea3 the t a~ .sigu cc~ies. g~ o~ ffls your fsles ~ yao have sigaedthe agee~ent aetom one ori~ai aunt to l3a~ara Bs~°s aZth a sig¢~ed croPY ofynaF fitL to yanr caohslehome. ~ sib copy afyois title MCJST be attached. 3. ~e ~n"Il send amt wiii~ the copy ol'title to the t~taurt ~r appmval 4_ Yan si~aikl he receiving yavr pay~t is i#!uu 10 to 12 days fiam date of 5~g a~ment with the IIt- Singly, ~' gr~ I~ealjotz~ 15-20 ~FF~~ -ro PuRC~AS~ c~.A~nn To: Space No. From: The Kubota Family As you may be aware, the Bankruptcy Ccurt recently approved Jade Bay's Chapter 11 Plan, which provides that the mobile home park will close on April 26, 207. As part of the Plan, you may be allowed a "Mobilehome Value Claim" if you intend to abandon your mobilehome in the park upon vacating. Pursuant to testimony during the plan confirmation hearing, estimates were given that,tenants would receive approximately 15% of their Mobilehome Value claim based 'upon the claim being allowed in the amount of the appraisal commissioned 6y Jade Bay. Your mobilehome was appraised as having an insurance replacement value of Based upon the esfimafe of a 95°/v distribution, the amounf you would receive ~~ under the Plan would be: We are prepared to offer you the full amount of the appraised value of your mobilehome. This offer would require you to agree to vacate the park no later than February 28, 2007 and sign over title to your mobilehome. !t would also require that you sign the following documents: 1. Stipulation for Possession, effective March 1, 2007; 2. Stipulation that Allowed Claim equals the Appraisal; 3. Assignment of Certificate of Title; 4. Release and Waiver of Claims; 5. Assignment of Claim. See the nexf page for the details of this offer. 15-21 Page 2 *What you will receiae under this ofFer* If you accept this offer, ydu will receive $7,264 ($7,764 less $500 holdback to be paid upon vacating the park), less the amount of rent and estimated utilities you would be required to pay through February 28, 2007, upon signing of all documents. You would thereafter be allowed to stay in the park without paying any additional rent until February 28, 2007. -The holdback of $500 would be paid to you when you turn in your keys and vacate the park on or before February 28, 2007. If you vacate prior to February 28, 2007 you would also receive a refund of unearned rent and utilities. If you do not vacate the park in a timely fashion, you will not be entitled to the balance of $50~ holdback acrd maybe subject to court proceedings, additional reef and penalties for failing to timely vacate the park. Compare; Compare this offer to fhe amount you are likely fo receive under the Bankruptcy Plan: Under the Plan. we estimate you would receive: Under this Offer, you would receive: s described above " This offer is open far a Irmited Time only. This Qffer will remaih open until December 19, 2006. If you are interested in 6332.1 Yourwillfthe~ be forwarded astpackagle of document foe yourareview a d5 consideration. Relocation Assistance Is Now p~railable The Kubota Family has retained Mecky Meyers to provide relocation advice and assistance to all tenants. Ms. Meyers will be available to assist you in your effort to locate replacement housing, regardless of whether you accept this offer. Ms. Meyers can be contacted at 213/820-1639. We look forward to hearing from yau, Thank you, The Kubota Family 15-22 ATTACHMENT 5 STIPULATION BY AND BETWEEN DEBTOR AND PARK TENANT 15-23 1 2 ~ s C`3 O 4 5 w a ;.,,~ c`°. q-= >~ _oc,~- - G a 9 10 I1 12 13 14 15 IG l7 78 l9 20 21 22 23 24 25 26 ~ 27 28 RECEIVED L oEC l y Zorg Todd C. Ringstad (State Bar No. 9T. Nanette D. Sanders (State Bar No. 1 RINGSTAD & SANDERS LLP 030 Main Street, 12`h Floor I ne, CA 42614 ]ephone: 949.851.7450 ~_ csimile: 949.851.6926 Insolvency Counsel for 11 Debtor and Debtor-in-Possession, ~ Mobile Lodge, Inc. UNITED STATES BANKRUPTCY CENTRAL DISTRICT OF CALIFORNIA -SANTA DEC .78 ac, 2.~8 2(~6 I In re I CnsE No. SA 06-10581 ES JADE BAY MOBILE LODGE, INC., a Chapter 11 Proceeding California Corporation, STIPULATION BY AND BETWFF•N Debtor and nFRTOR AND PARK TENANT, Debtor-in-Possession. :REGARDING: l~7 Euv,ci.ilMENT AND ALLOWANCE OF TENANT MOBILEHOME VALUE CLAIM; {2) ASSIGNMENT OF MOBILEHOME VALUE CLAIM TO KENNETH KUBOTA; (3) TRANSFER OF MOBILEHOME TO DEBTOR, ASSIGNMENT AND INDEMNIFICATION REGARDING TITLE; (4) EARLY TERMINATION OF RENTAL AGREEMENT, REMOVAL OF TENANT AND ALL OTHER OCCUPANTS AND IMMEDIATE ISSUANCE OF WRIT OF POSSESSION; AND, (5) RELEASE OF CLAIMS; ORDER THEREON [No Hearing Required] ' TO THE HONORABLE ERITHE A. SMITH, UNITED STATES BANKRUPTCY JUDGE, AND ALL PARTIES IN INTEREST: /// 4398022 - =.3j '=~-~-. j ~. ~cG d7-~ecb OEC P 7 ?!~6 15-24 ~ ~ ~, n_- z~ o~ ~- i This stipulation ("Stipulation's is entered into by and between Jade Bay Mobile Lodge, inc., a California corporation ("Jade Bay" or "Debtor"), the debtor and debtor-in-possession herein, Kenneth Kubota as Claim Assignee, and ("Tenant"), a tenant of the lade Bay Mobile Lodge (the "Pazk"} pursuant to the terms of a month-to-month rental agreement. This Stipulation is based on the following facts and circumstances: A. The Debtor is in the business of operating the Park, which is located at 701 "D" Street in Chula Vista, California. Prior to the commencement of this Chapter 11 case, in the ordinary course of its business, the Park entered into amont-to-month rental agreement with Tenant for the rental of Space No. 3t the Park. Tenant owns the mobilehome located at Space No. B. The Debtor commenced this bankruptcy proceeding by the filing of a voluntary Chapter 11 petition on Apri126, 2006 in the United States Bankntptcy Court for the Central District of California (the "Court's. On the petition date, the Debtor served all tenants of the Pazk with a notice that the Park would be closed within one yeaz of the notice, to wit, by Apri126, 2007. C. The Court has confirmed the Debtor's chapter 11 plan, which provides a mechanism by which tenants of the Pazk can abandon their mobilehomes to the Debtor in exchange for a claim against the estate, and thereafter vacate the Pazk premises. D. A claims bar date of August 18, 2006 was established by the Court. Tenant filed a "mobilehome value claim" prior to the claims bar date in the amount of $30,546.00. Subsequent to the claims bar date, Golden State Appraisals ("Golden State's performed a valuation of Tenant's mobilehome. Golden State determined that the value of Tenant's mobilehome, based upon "standard insurance replacement criteria", as prescribed by Section 9.40.030 of the Chula Visla Municipal Code, is $4,476.00 (the "Mobilehome Value Claim"). la 11 12 13 14 15 16 17 18 19 20 21 22 E. Subsequent to plan confirmation, the shareholders of the Debtor extended an offer to Tenant whereby they offered to pay Tenant the full value of Tenant's Mobilehome Value Claim, as determined by the appraiser, less certain specified sums as detailed hereinbelow. Tenant has accepted the offer from the shareholders and this stipulation is intended to 23 24 25 26 27 28 439302 2 15=2'5 ~ ~J -~ 1 memorialize the terms and conditions thereof. 2 Now, therefore, the parties hereto do hereby agree and stipulate as follows: 3 . 1. Tenant's Mobilehome Value Claim is hereby amended and allowed in the amount 4 of $4,476.00. The Claims Docket shall be amended to reflect the amendment and allowance of 5 Claim No. 28 in the amount of $4,476.00. 6 2. Tenant hereby assigns al] interest in Claim No. 28 and all other claims or rights 7 Tenant may have in this Chapter 1 ] case to Kermeth Kubota (the "Claim Assignee'. 8 3. Tenant shall assign title to Tenant's mobilehome to the Debtor, effective as of the 9 date of Court approval of this Stipulation. In connection therewith, Tenant has executed all 10 necessary documents to transfer legal 14t1e of the mobilehome to the Debtor, including the 11 Certificate of Title as issued by the State of California, Department of Housing and Community 12 Development, a true and correct copy of which is attached hereto as Exhibit "I" and incorporated 13 by this reference. 14 4. Tenant warrants that there aze no valid liens or encumbrances against the 15 mobilehome and that title to the mobilehome is transferred to the Debtor free and clear of all liens 16 and encumbrances. Tenant agrees to indemnify, defend and hold harmless any claims made 17 against the Debtor by any person or entity regarding his/her transfer of title to the Debtor as 18 provided herein, regazding any claim or interest asserted by any person or entity as to the 19 mobilehome, ownership interests, right to occupy or liens asserted for security. 20 5. Tenant agrees to vacate himsiaf/herself, all other occupants or guests of the 2] premises, and to remove any and a]] personal property from the Park on or before February 28, 22 2007. Tenant agrees to leave the premises in broom clean condition and shall maintain all 23 existing insurance coverage on the mobilehome until the date he/she vacates the Park premises. i 24 6. A writ of possession shall issue upon the approval of this Stipulation by the Courl, ZS with a lock out date to occur no earlier than March 1, 2007. 26 7. The rental agreement by and between the Debtor and Tenant, a hue and correct 27 copy ofwhich is attached hereto as Exhibit " 2" and incorporated by this reference, shall be 28 deemed rejected pursuant to ] 1 U.S.C. Section 365, effective as of the date of Court approval of L v~+,I __ C~, eU ~Icc i~ 438802.2 -3- 15-26 this Stipulation. 8. Except for those claims and rights assigned to the Claim Assignee, and effective ylu- 'Jy=,=m =~a i J 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 upon Tenant's receipt of the Settlement Funds as defined in Pazagraph 10 belotiv, Tenant, his/her respective successors and assigns and each of them, and his/her respective officers, directors, employees, agents, representatives, shareholders, affiliates, successors and assigns, hereby fully and completely release, remise and waive any all claims, actions, causes of action, liabilities, obligations and other demands, including any relating to the Mobile Home Value Claim as set forth above, whether know or unlatown, suspected or unsuspected, that Tenant may possess against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (includingbut not limited to Star Mobilehome Park Management, Inc., Michael Grillo, Barbaza Barnes and Betty McCauley), representatives, shazeholders, affiliates (including but not limited to the Sadakichi Sam Kubota Statutory Trust), successors or assigns, on account of, based upon or in any way related to any of the facts and circumstances giving rise to the Mobilehome Value Claim, or any other claims arising out of or related to the operation of the lade Bay Mobile Lodge, the Debtor's Chapter 11 proceeding, the rejection of the rental agreement described above, or the real property located at 701 "D" Street in the City of Chula Vista, San Diego County, Califomia. 9. Waiver of Califomia Civi] Code Section 1542. The Parties hereby expressly waive and relinquish any and all rights and benefits they may otherwise have under or by reason of Section 1542 of the Califomia Civil Code (which provides as set forth below) and/or any other statutes or common law principles of similar' effect. "A genera] release does not extend to claims which the creditor does not lmow or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 10. In exchange for the above consideration from Tenant, including the releases specified in Paragraph 8 and 9 above, [he Claim Assignee has agreed to pay to Tenant the sum of $3,141.96, representing Tenant's Mobilehome Value Claim in the amount of$4,476.00, less estimated rent and utilities in the amount of $834.04 ($342.02 rent, $75.00 utilities, for hvo ' months -January and February 2007) for Tenant's continued occupancy at the Park from the date hereof through February 28, 2007, less a holdback (the "Ho]dback'~ in the amount of $500.00 (in aavsoa.i _ 4 _ 15-27 `,~ ~ -~` 1 total the °Settlement Funds'. The Settlement Funds will be paid to tenant within five business 2 days following Court approval of this,Stipulation. The Claim Assignee will pay over to the 3 Debtor the estimated rent and utilities withheld from the Settlement Funds and the Holdback. 4 The Debtor will pay the Holdback to Tenant on February 28, 2007 provided Tenant permanently 5 vacates the Park and surrenders his/her keys to the Pazk manager on that date. If Tenant vacates 6 the Park prior to February 28, 2007, the Debtor will refund to Tenant any unearned rent and 7 utilities. If Tenant does not vacate the Park on or before February 28, 2007, Tenant will not be 8 entitled to receipt of the Holdback and maybe subject to additional rent-and penalties for failing 9 to timely vacate the Pazk, and to further court proceedings, either before the Bankruptcy Court, as 10 provided by the Debtor's confirmed plan, or before the State courts, as deemed appropriate under 11 the circumstances in the Debtor's discretion. ti 12 11. Failure to comply with any teen of this Stipulation will be deemed a breach hereof a~ ~ ; `= 13 and shall result in Tenant's forfeiture of the Holdback as defined in paragraph 10 above. _ °= 14 12. This Agreement is the final and entire agreement among the Parties concerning the o. __ s- -~ 15 ~ subject matter of this Agreement. All agreements of the Parties with respect to the subject matter m ~ I ` ~ 16 hereof are in writing and supersede al] prior written and oral agreements and understandings of a 17 the Parties. This Agreement cannot be modified except by a written document signed by the 18 Parties affected by the modification. None of the Parties is relying upon any other negotiations, 19 discussions, representations, warranties (except any warranties by representatives ofparties 20 regazding authority to enter into this agreement), promises or agreements in connection with the 21 subject matter of this Agreement. No supplements or modifications or waivers or terminations of 22 this Agreement shall be binding unless executed in writing by the all of the Parties. This is a fully 23 integrated agreement. 24 13. All of the terms and provisions of this Agreement shall be binding upon or shall 25 inure to the benefit of the Parties, their assigns, heirs, trustees, adnainistraiors, executors, estates 26 or successors. 27 ] 4. This Agreement may be executed in any number of counterparts each of which 28 shall be deemed an original, but all of which taken together shall constitute one agreement. An 979802.2 -5- 15-28 .,~ electronic signature or a copy of an original signature transmitted by facsimile shall be as valid as the original signature. ] 5. The Parties do hereby acknowledge and agree that they have been represented by, or have had the opportunity to seek representation by, independent counsel of their own choice throughout all negotiations which preceded the execution ofthis Agreement. 16. Ii is understood and acknowledged that none of the Parties or their agents, has H a~ ~I.- »e - ~Ij~> ao ^`P [ ,- 10 11 12 13 14 15 16 ]7 18 19 20 21 22 23 24 25 26 27 28 made any promise, representation, or warranty whatsoever, express or implied, except as expressly set forth herein, to induce the other to execute this Agreement. The Parties acknowledge and agree that they have not executed this Agreement in reliance upon any such promises, representation or warranty not expressly set forth in this Agreement. 17. It is understood and acknowledged that each of the Parties hereto enters this Agreement of his own free wi]1, and no threats, coercion, or duress have been employed to induce any of the Parties hereto to execute this Agreement. 18. The Patties stipulate that the United States Bankuptcy Court for the Central District of California shall continue to have jurisdiction to enforce or declaze rights under this Agreement. If for any reason the United States Bankruptcy Gourt lacks jurisdiction or declines to exercise jurisdiction then the rights under this Agreement may be declazed or enforced by another court of competent jurisdiction located in the State of California. 19. The Parties hereby agree to execute such other documents and to take such other action as may be reasonably necessary to further the purpose of this Agreement with the Parties beaz their own respective costs and attorneys= fees for these additional actions. 20. Any person executing this Agreement on behalf of any party does hereby personally represent and warrant to the other Parties that he or she has the authority to execute this Agreement on behalf of, and to fully bind, such party. 21. The Parties represent and warrant that they have not sold, assigned or transferred, or purported to se]], assign or transfer, and shall not hereafter sell, assign-or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages, rights, 479A022 -6- 15-29 ~`` ~:ae xJyE~ rolQes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 actions, or causes of action released pursuant to this Agreement. The Parties else agree to defend, indemnify and bold one another harmless against any obligation, liability, demand, claim, cost, expense (including but not lit;uted to attorneys' fees incw~red), debt, controversy, damage, action or cause of action based on, arising out of or in coaaectien with any such sale, transfer or assignment ar purported sale, transferor assignment. DATED: Deeember~ 2446 DATED: December 2006 AAT&D: Dcccmber Z~o 2006 Kenneth Kubota, C]atmAssignee RINGSTAD & SAND LLP By: General Insolvency Counsel fo~tar~- in-Possession, JADE BAY MOBILE LODGP, INC. ORAER The Stipulation is granted in its entirety. TT IS SO ORDERED. ~ ~ ~~~~3 DATED: DEC t 7 ~ /~t"r,.+,*(-*_~ J.•IONORABLE ERITHE A. SMITH i PRESI;NTBD BY: RINGSTAD & SANDERS LLP By: d~ General Insolvency Counsel for eb oil' ~ and Debtor-iri-Possession, JADE BAY MOBILE LODGE, INC. 479802.2 -7- 15-30 Todd C. Ringstad (S`~ate Bar No. 97345) Nanette D. Sanders (State BarNo. 120169) RINGSTAD & SANDERS LLP 2030 Maio Street, 12~ Floor Irvine, CA 92614 Telephone: 949.851.7450 Facsimile: 949.851.6926 gr ~~F eU~ ~ °e a .°.i 6 7 8 9 10 11 12 13 14 is 16 17 18 19 2a Z1 22 23 24 25 26 27 zs General Insolvency Counsel fnr Chapter 11 Debtor and Debtor-in-Possession, Jade Bay Mobile Lodge, Lnc. UNITED STATES $ANKRUPTCY COURT CENTRAL I31STRICT OF CALIFORNIA -SANTA ANA BIVISION In re JADE BAY MOBILE LODGE, INC., a Calnfornna Carlaoration, Debtor and Debtor-in-Possession. CASENo. SA 06-10581 ES Chapter 11 Proceeding STBULATION BY AND BETWEEN DEBTOR AND PARK TENANT, BARBARA NUNNELEE, REGARDING: (1) AMENDMENT AND ALLOWANCE OF TENANT MOBILEHOME VALUE CLAIM; (2) ASSIGNMENT OF MOBILEHOME VALUE CLAIlVI TO I~NNETH KUBOTA; (3) TRANSFER OF MOBII.EHOME TO DEBTOR, ASSIGNMENT AND INDEI~INIFTCATION REGARDING (4 EARLY TERNIINATION OF RENTAL AGREEMENT, REMOVAL OF TENANT AND ALL OTHER OCCUPANTS AND IlVIlVIT;DIATE ISSUANCE OF wRTT OF POSSESSION; AND, (ORDRER THEREO~~S~ [No Hearing Required] TO THE HONORABLE ~`RTT'HE A. SMTTH, IINTI'ED STATES BANI~2UPTC1' DODGE, AND ALL PARTIES IN 7NTF•RFST: I /// 15-31 1 This stipulatoa ("Stipulation") is entered into by and between Iade Bay MobIIe Lodge, 2 Lzc., a CaLfornia carpora*don ("Jade Bay" or "Debtor"}, the debtor and debtor-in-possession 3 herein, Kenneth Kubota as Claim Assignee, and Barbaza Nunnelee ("Tenant"), a tenant of the 4 Jade Bay Mobile Lodge (the "Park") pursuant to the terms of a month-to-month rental agreement. 5 This Stipulation is based on the following facts and circamstances: 6 A. The Debtor is in the business of operating the Park, which is located at 701 "D" 7 Street in Chula Vista, California. Prior to the commencement of th? s Chapter 11 case, in the 8 ordinary course of its business, the Park erttered into a nanth-to-month renal agreement wit'r 9 Tena~ for the rental of Space No. 8-19 at the Park. Tenant owns the mobilehome located at IO Space No. B-19. 11 B. The Debtor commenced this banla uptcy proceeding by the filing of a voluntary ~ I2 Chapter 11 petition on Apri126, 2006 in the United States Bankruptcy Court for the Central ~ ~ 13 District of California (the "Court"). On the petition date, the Debtor served all tenants of the Park '- 14 with a notice that the Pazk would be closed within one year of the notice, to wit, by April 26, ~ a ~~m ~ -`°°` 15 2007. *' a= a4 ~ cP 16 C, The Court has confirmed the Debtor's chapter 11 plan, which provides a ., 17 mechanism by which tenants of the Park can abandon their mobilehomes to the Debtor in 18 exchange for a claim against the estate, and thereafter vacate the Park premises. 19 D. A claims bar date of August 18, 2006 was established by the Court. Tenant filed a 20 "mobileheme value claim" prior to,the claims bar date in the amount of $40,000.00, Subsequent Z 1 to the claims bar date, Golden State Appraisals ("Golden State"} performed a valuation of 22 Tenant's mobilehome. Golden State determined that the value of Tenant's mobilehome, based 23 upon "standard insurance replacement criteria", as prescribed by Section 9.40.030 ofthe Chula 24 Vista Municipal Code, is $7,764.00 (the "Mobilehome Value Claim"). ZS E. Subsequent to plan confirmation, the shareholders of the Bebtor extended an offer 26 to Tenant whereby they offered to p ay Tenant the full value of Tenant's Mobitehome Value - 27 Claim, as determined by the appraiser, Iess certain specified sums as detailed hereinbelow. _ 28 Tenant has accepted the offer from the shareholders and this stipulation is intended to 15-32 memoralize the terms and conditions theawf. Now, therefore, the parties hereto do hereby agree and stipulate as fo8lows: 2 1. Tenant's Mobilehome Value Claim is hereby amended and allowed in the amount 3 of $7,764.00. The Claims Docket shall be amended to rerlect the amendment and aLowance of Claim No. 46 in the amount of $7,764.00. ~2. Tenant hereby assigns all interest in Claim No. 46 and all other claims or rights Tenant may have in this Chapter 11 case to Kenneth Kubota (the "Claim A"ssignee"). 7 Tenant shall assign title to Tenant's mobilehome to the Debtor, effective as of the z~ eU~ ~ ~° m~ date of Coiu-t approval of this Stipulation. In connection therewith, Tenant has executed all necessary documents to transfer legal title of the mobilehome to the Debtor, including the Certificate of Title as issued by the State of California, Department of Housing and Community Development, a true and correct copy of which is attached hereto as Exhibit "1" and incorporated by this reference. 4. Tenant warrants that there are no valid liens or encumbrances against the mobilehome and that title to the mobilehome is transferred to the Debtor free and clear of all liens and encumbrances. Tenant agrees to indemnify, defend and hold harmless any claims made 9 10 I1 12 13 14 15 16 against the Debtor by any person or entity regarding hislher transfer of title to the Debtor as provided herein, regarding any claim or interest asserted by any person or entity as to the mobilehome, ownership interests, right to occupy or liens asserted for security. 5. Tenant agrees to vacate himself/herself, all other occupants or guests of the premises, and to remove any and all personal property from the Fazk on or before February 28, 2007. Tenant agrees to leave the premises in broom clean condition and shall maintain all existing insurance coverage on the mobilehome until the date he/she vacates the Pazk premises. 6. A writ of possession shall issue upon the approval of this Stipulation by the Court, 17 Ix 19 20 21 22 23 24 with a lock out date to occur no earlier than March 1, 2007. 7. The rental agreement by and between the Debtor and Tenant, a true and con-ect copy of which is attached hereto as Exhibit " 2" and incorporated by this reference, shall be ~ - deemed rejected pursuant to 11 U.S.C. Section 365, effective as of the date of Court approval of 25 26 27 28 15-33 this Stipulation. 2 10 11 L? 12 nI~_ a~ a ~~ ctja ~ I o c n do o ~ 13 14 15 16 8. Except for those claims and rights assigned to the Claim Assignee, and effective upon Tenant's receipt of the Settlement Funds as defined in Paragraph 10 below, Tenant, his/her respective successors and assigns and each of them, and his/her respective officers, directors, employees, agents, representatives, shareholders, affiliates, successors and assigns, hereby fully and completely release, remise and waive any all claims, actions, causes of action, liabilities, obligations and other demands, including any relating to the Mobile Home Value Claim as set forth above, whether know or unlmown, suspected or unsuspected, that Tenant may possess - - ~ , against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (mcluding but not limited to Star Mobilehome Park Management, Inc., Michael Grillo, Barbara Barnes and Betty McCauley), representatives, shareholders, affiliates (including but not limited to the Sadakichi am Kubota Statutory Trust), successors or assigns, on account of, based upon or in any way related to any of the facts and circumstances giving rise to the Mobilehome Value Claim, or any other claims arising out of or elated to the operation of the Jade Bay Mobile Lodg , tfie Debtor's Chapter 11 proceeding, the rejection of the rental agreement described above, o the real property located at 701 "D" Street in the City of Chula Vi San Diego County, California. 17 9. Waiver of California Civil Code ecxion 1542 The Parties hereby expressly --~. 18 waive and relinquish any and all rights and benefits they may otherwise have under or by reason 19 of Section 1542 of the California Civil Code (which provides as set forth below) and/or any other 20 statutes or common law principles of similar. eff ct. 21 "A eneral release does not extend ~ s which the creditor does not know or suspect to exist in his avor at the tune of ~ e, which if lozown by him must have 22 ma en y ect ~s settlement with the debtor." 23 I0. In exchange for the above consideration from Tenant, including the releases 24 speed in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant the sum of ZS $6,379.96, representing Tenant's Mobilefiome Value Claim in the amount of $7,764.00, less 26 estimated rent and utilities in the amount of $884.04 ($342.02 rent, $100.00 utilities, for two 27 months -January and February 2007), for Tenant's continued occupancy at the Park from the 28 15-34 date hereoftnrou¢h Febmarv 28. 2007 1Pec a hntAhaclr (rho °`FTntAharir"1 in the amremt of f N~ ~on ~U °` ~ a" ~ 05 Z 7 8 9 10 11 12 13 14 15 16 17 18 13 20 Z1 22 23 24 25 26 27 28 $500.00 (m total the "Settlement Funds"). The Set'ement Funds will be paid to tenant within eve business days following Court approval of this Stipulation. The Claim Assignee will pay over to the Debtor the estimated rent and utilities withheld from the Settlement Funds and the Holdback. The Debtor will pay the Holdback to Tenant on February 28, 2007 provided Tenant permanenLy vacates the Park and surrenders his/her keys to the Park manager on that date. Lf Tenant vacates the Park prior to February 28, 2007, the Debtor will refund to Tenant any unearned rent and titdities. If Tenant does not vacate the Park on or before February 28, 2007, Tenant will mot be entitled to receipt of the Holdback and may be subject to additional rent and genahies for failing to timely vacate the Park, and to further court proceedings, either before the Bankruptcy Court, as provided by the Debtor's confirmed plan, or before the State courts, as deemed appropriate under the circumstances in the Debtor's discretion. 11. Failure to comply with any term of this Stipulation will be deemed a breach hereof and shall result in Tenant's forfeiture of the Holdback as defined in paragraph 10 above. 12. This Agreement is the final and entire agreement among the Parties concerning the subject matter of this A~eeme~. All agreements of the Parties with respect to the subject matter hereof are in writing and supersede all prior written and oral agreements and understandings of the Parties. This Agreement cannot be modified except by a written document signed by the Parties affected by the modification. None of the Parties is relying upon any other negotiations, ', discussions, representations, warranties (except any warranties by represernatives of parties regarding authority to enter into this a~eement), promises or agreements in connection with the subject matter of this Agreement. No supplements or modifications or waivers or terminations of this Agreement shall be binding unless executed in writing by the all of the Parties. This is a fully integrated agreement. 13. All of the terms and provisions of this Agreement shall be binding upon or shall inure to the benefit of the Parties, their assigns, heirs, trustees, administrators, executors, estates . or successors. 14. This Agreement may be executed in any number of counterparts each of which shall be deemed an original, but all of which taken together shall constitute one agreement. An 15-35 i + e or a ca of an on ~ signature transmitted by facsi_mite shall be as valid as 1 erecsonic sigaatur py ~ 2 the original signature. 3 15. The Parties do hereby acknowledge and agree that they have been represented by, 4 or have had the opportunity to seek representation by, independent counsel of their own choice 5 throughout all negotiations which preceded the execution of this Agreement_ 6 i 6. It is understood and acknowledged that none of the Parties or their agents, has 7 made any promise, representation, or warranty whatsoever, express br implied, except as 8 expressly set forth herein, to induce the other to execute this Agreement. The Parties 9 acknowledge and agree that they have not executed this Agreement in reliance upon any such 10 promises, representation or warranty not expressly set forth in this Agreement. i 1 17. It is understood and aclarawledged that each of the Parties hereto enters this i2 Agreement of his own free wi1i, and no threats, coercion, or duress have been employed to induce ~ ~ ~ 13 any of the Parties hereto to execute this Agreement. ~ = rp Court for the Central ~ I nP"' 14 18. The Par`~ies st elate that the United States Banlffuptcy >~a ~~^ ~Jm~m °°= 15 -istrict of California shall continue to have jurisdiction to enforce or declare rights under this +~ o ~° ` 16 Agreement. If for any reason the United States Bankruptcy Court lacks jurisdiction or declines to 17 exerese jurisdiction then the rights under this Agreement may be declared or enforced by another 18 court of competent jurisdiction located in the State of California. 19 19. The Parties hereby agree to execute such other documents and to take such other ZO action as may be reasonably necessary to further the purpose of this Agreement with the Parties tc 21 bear their own respective costs and attorneys= fees for these additional actions. 22 20. Any person executing this Agreement on behalf of any party does hereby 23 personally represent and warrant to the other Parties that fie or she has the authority fo execute 24 this Agreement on behalf of, and to fully bind, such party. 25 21: T'he Panes represent and warrant that they have not sold, assigned or transferred, . 26 or purported to sell, assign or transfer, and shall. not hereafter sell, assign or transfer, any 15-36 27 nhli~aiions. liabilities, demands, claims, costs, expenses, debts, controversies, damages, ruts, actions, or causes of action released pursuant to this Agreement. The Parties also agree to defend, 6I 7 8 9 10 11 ~ 12 ~ 13 ,;s« 14 jd`°= 15 ~~p 2 0 ~ 16 i 17 18 19 20 21 22 23 24 25 26 indemniry and hold one another harmless against any obligation, liability, demand, claim, cost, expense (including but not limited to attorneys' fees incurred), debt, controversy, damage, action or cause of action based on, arising out of or in connection with any such sate, transfer ar assignmen or purported sale, transfer or assignment. • DATED: December ~ 2006 Aprlr~.~ '-~2 Bazbara Nunnelee [Tenant] DATID: December _, 2006 DATED: December _, 2006 Kenneth Kubota, ClaimAssignee RINGSTAB a SANDERS LLP Nanette D. Sanders General Insolvency Counsel for Debtor and Debtor-in-Possession, JADE BAY MOBILE LODGE, INC. ORDER The Stipulation is granted in its entirety. TT IS SO ORDERED. ~ DATED: THE HONORABLE ERITHE A SMITH PRESENTID BY: RINGSTAD & SANDERS LLP BS'- Nanette D. Sanders 15-37 r'.a.,Aral 7ncnh,vnrv ~rnmsel frar Debtor STATE GF GALIFGRNfA-_~1~,_`tIIVIENTTUF t1UU ~~U~ AiVU COyliviu.iviTw" UtVto~~INGt AAC176~ L CR.J lri~.f~.~ ~ - TRADE NAME .____- _ MDOEL DOhI GGT OF$ $PC EIPIRATIG~ MANUFACTURER NAMEl10 GREAT LAKES OG/00/00 60/00/64 A84 08/31/43 GREAT LAKES/ I S+ Rr - SERIAL NUMBER LASEV INSIGNIA NUMSEfl C a06 Oa a406Sa Ooalas gg po C C 03~17l93 37 ~'~~ SSE G4csS10FDZ`(s4934 TDTAL z FEES y FAID : a 5 53.00 6 A NUNNELEE BARBARA A 0 701 - ST SP BI9 o~ CHULA VISTA CA 92010-1223 R S S E - .~pSta .. ...~ .. ar. , e HI I'1JF1 F AAPRA7A A ~~~ .'H _~ ? •'' E ~. G M ..3 a-9. .:.. r Ia 701DSTSPBI9 :,^.=~, ~"~~ S I ~ ^t E L CHULA VISTA ~'e';CA' 92010-1223 R ~~ ~/~ E 11y~AJ/'/Vu D RcL,.AS^~bP REGISTERE^ OWNER o_s 70IDSTSPHI9~~. s I ss r ~ 'J,i E u CHULA VISTAS "~'~ CA 920101.223^ ,, y~". 1 }iM1 k f `` ~ R 5 T<,~1 ~,.,~__i I ~ 4 ~ n ~~ RETENTION CITY ~ek°y .~ NEW 1ST JR. L s.YC' _'-'i ~ ~ I ~ i E~i. a f ~ 1 ~ {+~'i.:~u~:. :~.:. ~ A ~ ~li~ ~:~ i R RELEASE..gOy~ LEGAL OWWER ~J OF ~~ GAL OWNER 1Z J V F N I Z R O 5 R T L I E N 5 E C L O ^ N E ^ R y p.T ASSIGNMENT OF LEGAL O1`~NER ~' X x °~ ~: *~ DT RELEASE OF DEALER _ 3E3E NEW REGISTERE^ OWNER. FZLL IN ITEMS 4 - 9 4.A] AND OR E NAME - PLEASE PRINT a: i> ~ ~6 CURRENT MAILING ADORESG ,pf t rxi v( s I s. CZTV ~~~ CNTY ST ZIP L'?~ 6. "~ ': FUTURE h1AILING A^DREES x°a {''3 r ~ "'~ ~ A".Jc.~'~ ~c y. LOCATION- ADOREES s~ r CITY!y~.. ~... CNTV„_. ST ZIP 1. ~Y x `u;~ 0.5E PRICE ISTERED OW R. FILL IN NAME - PLE DATE - 12 3HE~E CNTY ST ZIP FILL IN ITEMS 13 - 15 *.:~ - PLEASE PRINT ADOREGS 15. gT ZZP CITY CNTY ~M NEW 2ND JR. LI ENHOLDER. FILL IN ITEMS 16 - 18 3Fl~lE 16. NAME - PLEASE PRINT 1T ADDRESS lA. 5T - ZIP CITY CNTY IMPDR~T~4-Nb si al-a71~or This CERTIFICATE DF TITLE MAY N©ToREFTECi" AL'L~ LTHFSnESCRIBED UNIT.TTHE CURRE;ITNT __...._-- .. ~..o n ._ . nnnA41 s:a 1 7 3~i 4 _ 6•' N U W ~ 7` 9 ]0 11 12 13 14 16 I6 17 18 19 20 21 22 23 24 26 26 27 28 P,ECElVED ~ oEC 1 y 2o(;g Todd C. Ringstad (State Bar No. 9734 Nanette D. Sanders (State Bar No. 1201 RINGSTAD & SANDERS LLP 030 Main Street, 12`h Floor I ine, CA 92614 Iephone: 949.851.7460 _ csimile: 949.851.6926 enera] Insolvency Counsel far pter 11 Debtor and Debtor-in-Possession, ay Mobile Lodge, Inc. ---, GR€y: ~; ~a~ ~' ` =~ L- ----~p~--~-- ____ j '..'. _; f~cG ,z7 ~wC I t1FG Z 7 u~. a8 ~-a !~C 2~ Wit; UNITED STATES BANKRUPTCY COI CENTRAL DISTRICT ®F CALIFORNIA -SANTA In re CnsENo. SA 06-10581 ES JADE BAY A40BILE LODGE, INC., a Chapter 11 Proceeding California Corporation,- STIPULATION BY AND BETWE°i' Debtor and DEBTOR AND PARK TENANT, SUAILCO Debtor-in-Possession. FARROW, REGARDING: (1) AMENDMENT AND ALLOWANCE OF TENANT MOBILEHOME VALUE CLAIM; {2) ASSIGNMENT OF MOBILEHOi~7 VALUE CLAIM TO KENNETH KU5'~TA; (3) TRANSFER OF MOBILEHOME TO DEBTOR, ASSIGNMENT AND INDEMNIFICATION REGARDING TITLE; (4) EARLY TERMINATION OF RENTAL AGREEMENT, REMOVAL OF TEN: ~i iT AND ALL OTHER OCCUPANTS A:"r":: IMMEDIATE ISSUANCE OF WRIT O>~ POSSESSION; AND, (6) RELEASE OF CLAIMS; ORDER THEREON [No Hearing Required] TO THE HONORABLE ERITHE A. SMITH, UNITED STATES BANKRUPTCY JUDGE, AND ALL PARTIES IN INTEREST: /// a»sn~, 15-39 a~ -Cs; C ~u C. Y S:c U] c ~c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 `J This stipulation ("Stipulation") is entered into by and between Jade Bay Mobile Lodge, Inc., a California corporation ('lade Bay" or "Debtor"), the debtor and debtor-in-possession herein, Kenneth Kubota as Claim Assignee, and Sumiko Farrow ("Tenant"), a tenant of the Jade Bay Mobile Lodge (the "Park") pursuant to the terms of a month-to-month rental agreement. This Stipulation is based on the following facts and circumstances: A. The Debtor is in the business of operating the Park, which is located at 701 "D" Street in Chula Vista, California. Prior to the commencement of this Chapter 1 I case, in the ordinary course of its business, the Pazk entered into amonth-to-month rental agreement with Tenant for the rental of Space No. A-1 at the Park. Tenant owns the mobilehome located at Space No. A-l. B. The Debtor commenced this bankruptcy proceeding by the filing of a voluntary Chapter 11 petition on April 26, 2006 in the United States Bankruptcy Court for the Central District of California (the "Court"). On the petition date, the Debtor served al( tenants of the Park with a notice that the Park would be closed within one year of the notice, to wit, by April 26, 2007. C. The Court has confirmed the Debtor's chapter 11 plan, which provides a mechanism by which tenants of the Park can abandon their mobilehomes to the Debtor in exchange for a claim against the estate, and thereafter vacate the Park premises. D. A claims bar date of August 18, 2006 was established by the Court. Tenant filed a "mobilehome value claim" prior to the claims bar date in the amount of $30,546.00. Subsequent to the claims bar date, Golden State Appraisals ("Golden Slate") performed a valuation of Tenant's mobilehome. Golden State determined that the value of Tenant's mobilehome, based upon "standard insurance replacement criteria", as prescribed by Section 9.40.030 of the Chula Vista Municipal Code, is $4,476.00 (the "Mobilehome Value Claim"). E. Subsequent to plan confirmation, the shareholders of the Debtor extended an offer to Tenant whereby they offered to pay Tenant the full value of Tenant's Mobilehome Value Claim, as determined by the appraiser, less certain specified stuns as detailed hereinbelow. Tenant has accepted the offer from the shareholders and this stipulation is intended to a3ysoz z -2- 15-40 ~ ~.J } I memorialize the terms and conditions thereof. 2 Now, therefore, the parties hereto do hereby agree and stipulate as tollo~vs: 3 I. Tenant's Mobilehome Value Claim is hereby amended and allowed in the ario..r.: 4 of $4,476.00. The Claims Docket shall be amended to reflect the amendment and allowance e' 5 Claim No. 28 in the amount of $4,476.00. I 6 2. Tenant hereby assigns all interest in Claim No. 28 and all other claims or rig'rr-~, 7 Tenant may have in this Chapter 11 case to Kenneth Kubota (the "Claim Assignee"). 8 3. Tenant shall assign title to Tenant's mobilehome to the Debtor, effective as c:C the 9 date of Court approval of this Stipulation. In connection therewith, Tenant has executed all 10 necessary documents to transfer legal title of the mobilehome to [he Debtor, including the 1 1 Certificate of Title as issued by the State of California, Department of Housing and Community 12 Development, a true and correct copy ofwhich is attached hereto as Exhibit "1"and incorporated - l3 by this reference. - - 14 4. Tenant warrants that there aze no valid liens or encumbrances against the I• `~° 15 mobilehome and that title to the mobilehome is transferred to the Debtor free and clear of all liens s .v ••- 16 and encumbrances. Tenant agrees to indemnify, defend and hold harmless any claims made 17 against the Debtor by any person or entity regarding his/her transfer of title to the Debtor as 18 provided herein, regazding any claim or interest asserted by any person or entity as to the 19 mobilehome, ownership interests, right to occupy or liens asserted for security. 20 5. Tenant ogees to vacate himself/herself, all other occupants or guesu of the 21 premises, and to remove any and all personal property from the Park on or before February 28, 22 2007. Tenant agrees to leave the premises in broom clean condition and shall maintain all 23 existing insurance coverage on the mobilehome until the date he/she vacates the Park premises. 24 6. A writ of possession shall issue upon the approval of this Stipulation by the Court, 25 with a lock out date to occur no earlier than March 1, 2007. 26 7. The rental agreement by and between the Debtor and Tenant, a true and correct 27 copy of which is attached hereto as Exhibit " 2" and incorporated by this reference, shall be 28 deemed rejected pursuant to 11 U.S.C. Section 365, effective as of the date of Court approval of a~eaai.r _ 3 _ L 15-41 this Stioulation. c. ~GLL- ,`-_- ~J :d +, _ ,` ~ o- en o- ,~ ., 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. Except for those claims and rights assigned to the Claim Assignee, and . ~...::. upon Tenant's receipt of the Settlement Funds as defined in Pazagraph 10 below, "fc,;;,:!., 1_;_;1" ; respective successors and assigns and each of them, and his/her respective officers, direcV~rs, employees, agents, representatives, shareholders, affiliates, successors and assigns, her.'b~, P.~!~~. and completely release, remise and waive any all claims, actions, causes of action, Lehi!:,' :: obligations and other demands, including any relating to the Mobile Home Value CLi-r: _. _. forth above, whether know or unknown, suspected or unsuspected, that Tenant may pc~s ai against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (includin 'out not limited to Star Mobilehome Park Management, Inc., Michael Grillo, Barbaza Barnes a;d ;i ary McCauley), representatives, shareholders, affiliates (including but not limited to the Sadz~•:ichi Sam Kubota Statutory Trust), successors or assigns, on account of, based upon or in any <.. related to any of the facts and circumstances giving rise to the Mobilehome Value Ciairr., or any other claims arising out of or related to the operation of the Jade Bay Mobile Lodge, thz Cebtor's Chapter 1 I proceeding, the rejection of the rental agreement described above, or the real property located at 701 "D" Street in the City of Chula Vista, San Diego County, California. 9. Waiver of California Civil Code Section 1542. The Parties hereby expressly waive and relinquish any and all rights and benefits they may otherwise have under er by reason of Section 1542 of the California Civil Code (which provides as set forth below) and/or any other statutes or common law principles of similar.' effect. "A general release does not extend to claims which the creditor does not know cr suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." I0. In exchange for the above consideration from Tenant, including the releases specified in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant Lhe sum of $3,141.96, representing Tenant's Mobilehome Value Claim in the amount of $4,476.00, Lss estimated rent and utilities in the amount of $834.04 ($342.02 rent, $75.00 utilities, for two months -January and February 2007) for Tenant's continued occupancy at the Park from the date hereof through February 28, 2007, less a holdback (the "Ho]dback") in the amount of $500.00 (in 439S07 4- 15-42 • l total the "Settlement Funds"). The Settlement Funds will be paid to tenant within five busirres_. 2 days following Court approval of this Stipulation. The Claim Assignee will pay over to :::- 3 Debtor the estimated rent and utilities withheld from the Settlement Funds and the Holc'a,:.. 4 The Debtor will pay the Holdback to Tenant on February 28, 2007 provided Tenant perm2-r.°:?ay 5 vacates the Park and surrenders his/her keys to the Pazk manager on that date. If Tenant va_ tes 6 the Park prior to February 28, 2007, the Debtor will refund to Tenant any unearned rent an:'. 7 utilities. If Tenant does not vacate the Park on or before February 28, 2007, Tenant viii ~:o'..e 8 entitled to receipt of the Holdback and maybe subject to additional rent and penalties t'o: fniiing 9 to timely vacate the Pazk, and to further court proceedings, either before the Bankruptcy Co~~rt, as 10 provided by the Debtor's confirmed plan, or before the State courts, as deemed appropriai~ under I 1 the circumstances in the Debtor's discretion. IZ 1 1. Failure to comply with any teen of this Stipulation will be deemed a breac: hereof l3 and shall result in Tenant's forfeiture of the Holdback as defined in paragraph 10 above. _ 14 12. This Agreement is the fina] and entire a~eement among the Parties concerning [he I S subject matter of this Agreement. All agreements of the Parties with respect to the subject matter 16 hereof are in writing and supersede al] prior written and oral agreements and understandings of 17 the Parties. This Agreement cannot be modified except by a written document signed by the 18 Parties affected by the modification. None ofthe Parties is relying upon any other negotiations, 19 discussions, representations, warranties (except any warranties by representatives of parties 20 regarding authority to enter into this agreement), promises or agreements in connection with the 21 subject matter of this Agreement. No supplements or modifications or waivers or terminations of 22 this Agreement shall be binding unless executed in writing by the all of the Parties. This is a fully 23 integrated agreement. 24 13. All of the terms and provisions of this Agreement shall 6e binding upon or shall 26 inure to the benefit of the Parties, their assigns, heirs, trustees, administrators, executors, estates 26 or successors. 27 14.' This Agreement maybe executed in any number of counterparts each ofwhich 23 shall be deemed an original, but all ofwhich taken together shall constitute one agreement. An 439802? _ 6 _ 15-43 N qLL- ~ ~ ~~a .~ - <n c-0 -. - 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2g electronic signature or a copy of an original signature transmitted by facsimile shall be as valid as the original signature. 15. The Parties do hereby acknowledge and agree that they have been represented by, or have had [he opportunity to seek representation by, independent counsel of their own choice throughout all negotiations which preceded the execution ofthis Agreement. 16. It is understood and acknowledged that none of the Parties or their agents, has made any promise, representation, or warranty whatsoever, express or implied, except as expressly set forth herein, to induce the other to execute this Agreement. The Parties acknowledge and agree that they have not executed this Agreement in reliance upon any such promises, representation or warranty not expressly set forth in this Agreement. 17. It is understood and acknowledged that each of the Pariies hereto enters this Agreement of his own free will, and no threats, coercion, or duress have been employed to induce any of the Parties hereto to execute [his Agreement. 18. The Parties stipulate that the United States Bankruptcy Court for the Central District of Califomia shall continue to have jurisdiction to enforce or declare rights under this Agreement. If for any reason the United States Bankruptcy Court lacks jurisdiction or declines to exercise jurisdiction then the rights under this Agreement may be declared or enforced by another court of competent jurisdiction located in the State of Califomia. 19. The Parties hereby agree to execute such other documents and to take such other action as may be reasonably necessary to further the purpose ofthis Agreement with the Parties to bear their own respective costs and attorneys= fees for these additional actions. 20. Any person executing this Agreement on behalf of any party does hereby personally represent and warrant to the other Parties that he or she has the authority to execute this Agreement on behalf of, and to fully bind, such party. 21. The Parties represent and warrant that they have not sold, assigned or transferred, or purported to sell, assign or transfer, and shall not hereafter sell, assign or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages, rights, a79A(12.2 -6- 15-44 ~ ~. V °c i=: ~ ~a 'cb^. J ~ o J~~' ~ !U~ u - CO _ _ 7 -, actions, or causes of action rzleased pursuant to this Agreement. The Parties also a~ee to ^ e,`° _ . indemnify and hold one another harmless against any obligation, liability, demand; clr.,`.. ; _ ,;; expense (including but not limited to attorneys' fees incin-red), debt, controversy, darn'+_ : _ciia :. or cause of action based on, arising out of or in connection with any such sale, transfr. o- assignment or purported sale, transferor assignment. ~~pp DATED: December J~, 2006 ~- .,,~~~7ir,f tr~~t~ -_. Sum~iko Farro_w.,~[/Tenant] ~ ~ DATED: December 2006 '7~/ilrLtul~(,4~ ®~,1.{!~'~`-' _.____ Kenneth KubY ota, Cl mAssignee DATED: December 2~0 2006 RINGSTAD & SANDS LLP - By. Genera] Insolvency Counsel for Debtor a4`3 uebror- in-Possession, JADE BAY MOBILE LODG=„INC. ORDER The Stipulation is granted in its entirety. /^~ TT IS 50 ORD'EiRED. . v ~i~>~ DATED: IBC t 7 130NORABLE ERITHE A. SMTr" PRESENTED BY: RINGSTAD & SANDERS LLP By: -#a~ett acs ~j~ ~~ ~~~ p General Insolvency Caunscl for77eb oil"' ~ and Dcbtot-in-Possession, JADE BAY MOBILE LODGE, INC. 9 ]0 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4J 9A 02.2 -7_ 15-45 OFFER TO PURCHASE CLAIM To: Sumiko Farrow, Space No. A-1 From: The Kubota Family As you may be aware, the Bankruptcy Court recently approved Jade Bay's Chapter 11 Plan, which provides that the mobile home park will close on A.prC ~6, 2007 As part of the Plan, you may be allowed a "Mobilehome Value Claim" if you intend to abandon your mobilehome in the park upon vacating. Pursuant to testimony during the plan confirmation hearing, estimates were given that tenants would receive approximately 15% of their Mobilehome Value claim based u, ~n the claim being allowed in the amount of the appraisal commissioned by Jada Bay. Your mobilehome wasappraised as having an insurance replacement value of.' ~a4,476. Based upon the estimate of a 15% distribution, the amount you would receive under the Plan would be: ~a4,476 x 15% _ $671.40 We are prepared to offer you the full amount of the appraised value of your mobilehome. This offer would require you to agree to vacate the park no later Ulan February 28, 2007 and sign over title to your mobilehome. Ii would also require shat you sign the following documents: 1 Stipulation for Possession, effective March 1, 2007; 2 StipulaCion that Allowed Claim equals the Appraisal; 3 Assignment of Certificate of Title; 4 Release and Waiver of Claims; 5 Assignment of Claim. See the next pane (or the details of this offer. a 15-46 ~~a ._ 1 2 3 4 , _ 5 <v ' w -- 9 10 11 12 13 !4 15 16 17 18 19 20 21 22 23 24 2~ 26 27 28 F~ECElVED ~ DEC ~ 9 ZOUh Todd C. Ringstad (State Bar No. 9734 Nanette D. Sanders {State Bar No. 12016 RINGSTAD & SANDERS LLP 030 Main Street, 12'"Floor I ine, CA 92614 lephone: 949.851.7450 ~,: csimile: 949.851.6926 3 ~~ eneral Insolvency Counsel for pter 11 Debtor and Debtor-in-Possession, ay Mobile Lodge, Inc. UNITED STATES BANKRUPTCY QOl CENTRAL DISTRICT OF CALIFORNIA -SANTA ~R1C,~', ---~, t-: ~-.. } .. _ ~cG d7 .70o(e DEGZ72l~ UEC ~8 r7p II'E'G 2.~8 ~ In re CASE No. SA 06-]0581 ES JADE BAY MOBILE LODGE, INC., a Chapter 11 Proceeding California Corporation,- STIPULATION BY AND BETWEEN Debtor and DEBTOR AND PARK TENANT, SUM1K0 Debtor-in-Possession. FARROW, REGARDING: (1} AMENDMENT AND ALLOWANCE OF TENANT MOBILEHOME VALUE CLAIM; (2) ASSIGNMENT OF MOBTLEHOME VALUE CLAIM TO KENNETH KUBOTA; (3) TRANSFER OF MOBILEHOME TO DEBTOR, ASSIGNMENT AND INDEMNIFICATION REGARDING TITLE; (4) EARLY TERMINATION OF RENTAL AGREEMENT, REMOVAL OF TENANT AND ALL OTHER OCCUPANTS AND IMMEDIATE ISSUANCE OF WRIT OF POSSESSION; AND, (5) RELEASE OF CLAIMS; ORDER THEREON [No Hearing Required] TO THE HONORABLE ERITHE A. SMITH, UNITED STATES BANKRUPTCY JUDGE, AND ALL PARTIES IN INTEREST: /// 437802.2 a 15-47 I 2 3 4 S 6 7 s 9 10 II n I. J I . ~ __ ~ 1. ~ - l4 i -- _ 15 c ~ ~ Ifi J ~ 17; 181 19 20 71 22 23 24 25 26 27 2S this Stipulation. S. Except for those c ~ SNIPMENiNO. SHIPMENiGATE PdDhT ~ ~!i~CUve v ~~ 314469 78312 upon Tenant's receipt of the Sett respective successors and assign; employees, agents, representative and completely release, remise a' obligations and other demands, i forth above, whether know or un against lade Bay Mobile Lodge, FR00.1 (COMPANY NAVq I, i ADDRESS 'I - I 3 ~ C~ STATE LP CAGE (REOUIRE01 ~ ~ /7 R _ 6ENi BY: (NAMElOEPL) PHONE "~ ~ kE T 5- ~2_ TO (COMPANY NAMq OHL CANNOT DELIVER TO PA. BOX (J . L.~ 7 AODRE55 vl „DII Rr._ - -I CITY STATE _ LP CODE (RECUIflELI ATTN; (HAME(CEPT.) HONE /~/~t9~y2h-'722 ., his/her rec!ors, 'reby fully .b'.lities, n I`. 35 SeI :less _I~ing but not limited to Star Mobilehome Park Management, [nc., Michael Grillo, Barbara Ba„r,~ .nd Be[ty McCauley), representatives, shareholders, affiliates (including but not limited to the S~dakichi - nv wav KENNETH KUBOTA 1fi-49 ]s 2033 - ROBERT KUBOTA, ETC _ lazy ! ;~, or any CLASS 4 ACCOUNT Q}91CBt70e PH. 714-545-6332 ]-- 3 - ~'] 17330 NEW HOPE ST. STE G OA TE ._e DebtO f'S FOUNTAIN VALLEY, CA 92708 _ PAY TO THE ~ $ 6,379.9.6 ,al property ORO ER OF - Six thousand three hundred seventy nine andD~~C,{~O~3j ~.,.." UNION BANK OF CALIFORNIA >,5 SiB ^~O ressly Awxf Ar[„~, 8999 IDAKS Att., HUNi1NGTOH BucH, U 916!6 / 800 i]B U89 Space B-19 _--~~f~~ ~ ~d 1~n_S.!e-f/{1 - F,, __ by reason MEMO er any other _._.....,~ .,, ..~,,,,,,vu law prmclptes o[ stmuar etfect. "A general release does not extend to claims which the creditor does not hnc,v or suspect to exist in his favor at the time of executing the release, which i f known by t.;.m must have materially affected his settlement with the debtor." 10. In exchange for the above consideration from Tenant, including the releases specified in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant the su;n of 56,379.96, representing Tenant's Mobilehome Value Claim in the amount of $7,764.00, less estimated rent and utilities in the amount of $884.04 ($342.02 rent, $100.00 utilities, for Iwo months -January and February 2007), for Tenant's continued occupancy at the Parr: from the date hereof through February 28, 2007, less a holdback (the "Holdback") in the an;otml of +~aso: 15-484 :J n I G ) JS~. 3 •V~ 1 I cc CD _ r V 1 2 3 4 5 6 7 8 9 lC l2 This Stipulation. 8. Except for those clai `J BHIPYEHT HD. BHIPUEHT DAiE ~~® 314469 7&216 upon Tenant's receipt of the Settlen SEM respective successors and assigns az _ To employees, agents, representatives,: ADD and completely release, remise and ~ cm obligations and other demands, inch An forth above, whether know or unknown, U n 1 1 NEIGHI five DUIREDI I $ s/her 8i 'idly EDUIRE01 ~, ', '-""y'- PHOHE 'set or unsuspected, that Tenant may possess against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (including but not KENNETH KUBOTA 2 0 2 3 ~I[y 1618=/8 ]8 ROBERT KUBOTA, ETC lno CtA55 4 ACCOUNT 615 7 0 8 17 01 :ill PH. na-sas~a32 1-3-07 17330 NEWHOPE ST. STE G oA rE FOUNTAIN VALLEY. CA 92708 y FarrorHE I $~ 3,302.96 •any 13 OROEF OF_ Three thousand three hundred two and 96/100--oor~ARe e ~-~.~ btor's l4 -' stGawNx'~u+c UNION BANK OF CALIFORNIA >peny 1 C AOAW AYFNVf i]5 J 8899 An~.wf An., HuNnNCroH BucN. U 91646 800 T]8 1486 16 MEMO S~aCE B-17 _- _ __..-.- _ _ ___-___..~ 17 _. l $ waive ana rcunyursn any arru art ngrus atru ueueuu uiey may uwerwrse nave unuer ur oy reason 19 of Section 1542 of the California Civil Code (which provides as set forth below) andlor any other I 20 statutes or common law principles of similaz effect. 2I "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have 22 materially affected his settlement with the debtor." 23 10. In exchange for the above consideration from Tenant, including the releases 24 specified in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant the sum of II i 26 X3,302.96, representing Tenant's Mobilehome Value Claim in the amount ot$4,687.00, less 26 estimated rent and utilities in the amount of $784.04 ($342.02 rent, $50.00 utilities, for tyro I~ 27 months -January and February 2007) for Tenant's continued occupancy at the Park fiom the date 78 hereof through February 28, 2007, less a holdback (the "Holdback") in the amount o(SSOU.OU (:n i I 7)980:.: _ 4 15-49 [Tenant]' ~ 5 /~ 6 DATED: December ~. 2006 ~/V1Zfit~a J.!n ',lL'(.~ L70 SHIPY6YT N0. SHIPMEHi DATE WEIGHr ~ ] ~ ~ ~ 314469 78916 .laim I specified in Pazagraphs 3 and 4 above, the Claim Assignee shall pay to Tenant the sum of 2 $8,463.00, representing Tenant's allowed Mobiiehome Value Claim pursuant to the terms of this 3 Stipulation, within five (5) days of Couri approval of this Stipulation. 4 DATED: December ~, 2006 ` ~ ~d, ~„, ~~, `~I= J - _ ~, =u: a~ o 8 DATED: December 9 10 12 13 14 FflOM (COMPANY NAMq - D ADDRESS _ CITY STATE LP LADE (REOUIRE0) z SENr BY: (NAME/DEPT.) PHONE ' U -Co3 Z TO (COMPANY NAUq OHL CANNOT DELIVENT F.O. EIO% fit„ ~- OZO F2ED171-h ADDRESS 5 SH D CITY STATE LP CODE (REOUIflE0) ATTH: INANE/DEPTJ PHONE P rsel for 2Yebtor and EDGE, INC. 15 The Stipulation is granted in its entirety. 16 IT IS SO ORDERED. lei ~)~~ 17 DATED: ~' S ~ ~i (/~f~ 1 g THE ONORABLE ERITHE A. SMITH 19 20 KENNETH KUBOTA ROBERT KUBOTA, ETC 1i~ ~ Z 0 3 0 CLASS 4 ACCOUNT 21 PH. 7lasas-s3sz mStOfit36a 17330 NEWHOPE ST. STE G DA rE 1-3-07 FOUNTAIN VALLEY, CA 92708 - 72 PAY TD THE OADEADF _ ~ $ 8,463.00 ~3 Eight thousand four hundred s; xtv rhrao a ny .,~pq~A ~ d:......:' 24 UNION BANK OF CALIFORNIA srB~ ,~5 AOAW AveNUt Y]5 G 8899 AnA.KS AYE., HuNnHClon Bucn, U 9166 - 900 778 ~~eb 26 Space C-11 ^P MEMO __ _ _ _ _ _ ____ 77 - zs a79801a -4- 15-50 I ?' 3 4 6' 7 8 9 l0 11 12 l3 to 15 lb 17 18 19 20 21 22 23 24 25 26 77 2g this Stipulation. 8. Except for those cla upon Tenant's receipt of the Settler respective successors and assigns a employees, agents, representatives, and completely release, remise and' obligations and other demands, incl forth above whether know or unkn _~ ~~ SHIPMENT NG. SHIPVEM GATE 'MEIG~1' ~~,,,~~ 314469 75114 FROM (COMPANY NANq -I < o wDRESS Sr ~, I STATE CITY 21P CODE IAEON/Pc ' ' ''11II // ` f'il~ ~ Y 2 F SENT 9Y: MAMEIDEPL) PHONE <~~ - 3 z i TO (COMPANY NAMq OHl CANHOT UELIVEA TO PO. ECX ANN MATHF i AOORESS ! S ~--0 CITY STATE 'la="' A 7 - Z _/ 2 / Z ._ ATTN: INAUFJDEPT.1 / p PHONE /-~/q _ ` 0 J`g~' 022 :~CJ~ l l ri; ~. tirCtlVe .. .S`l1CC C.'.. C, 'o fully z',i:.~s, -.S SCI ,~ess aeainst Jade Bav Mobile Lodge, Inc„ its officers, directors, employees, agents (includ.n_ but not I KENNETH KUBOTA }etty ' ROBERT KUBOTA, ETC ~6- "9 u 2032 - - CLASS 4 ACCOUNT ~ m91091]a _ IChI T PH. 714545-fi332 17330 NEWHOPE ST. STE G Da 7E 1-3-07 FOUNTAIN VALLEY, CA 92708 s a7. PAY TOTNf _ I $ 8 665.96 _ OAOEA OF , .r any r Ei4ht thousand `six hundred s ixty five anr3 9F/Db9.gAS ~ ~=-,- :btUr'S ~ UNION BANK OF CALIFORNIA stHN~~ ApAM1 AYFNVI i]5 G b C 9899 AoiA6 An., HUNTNCTON 9GCX, U 9]6A6 .OPe Cty J 900 389 H96 MEMO Soace C-17 _ ___ ___ __ _ --~" 1 _ I Y waive and relinquish any and all rights and benefits [hey may otherwise have under or by rezson of Section 1 S42 of the California Civil Code (which provides as set forth below) artd/or any other statutes or common law principles of similar effect. "A general release does not extend to claims which the creditor does nol know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." I0. In exchange for the above consideration from Tenant, including the releases specified.in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant the sum of $8,665.96, representing Tenant's Mobilehome Value Claim in [he amount of $10,000.00, less estimated rent and utilities in the amount oC$834.04 ($342.02 rent, $75.OU utilities, for two months - ]anuary and February 2007) for Tenant's continued occupancy at the Park fTOm the date hereof through February 28, 2007, Tess a holdback (the "Holdback") in the amount oft"$SOO.UO (in s 3 y80?.: -4- 15-51 this Stipulation. 3 4 6 7 8 9 10 ll 8. Except for those claims and rights assigned to d~c Ciaim Assignee, and e;n;l.; upon Tenant's receipt of the Settlement Funds as defined in Paragraph 10 below, Tenant, hisi;:~r respective successors and assigns and each of them, and his/her respective officers, director, employees, agents, representatives, shareholders, affiliates, successors and assigns, hereby nt1! . and completely rciease, remise and waive any a]I claims, actions, causes of action, liabiliti- obligations and other demands, including any relating to the Mobile Home Value Claim as ;e. forth about, whether know or unknown, suspected or unsuspected, that Tenant may possess against Jadc Bay Mobile Lodge, Inc., its officers, directors, employees, agents (including bu: r r. _ limited to Star Mobilehome Park Management, (nc., Michael Grillo, Barbara Bames and Barr McCauley), representatives, shareholders, affiliates (including but not limited to rVIR e,a,kichi KCNNETN KUBOTA ~ ROBERT KU30TA, ETC - C1A99 d ACCOUHi PFi. 714-Say-8732 ' 1 17330 NEWHOPE aT. SfE G FOUNTAIN'VALLEY, CA 92708 ' ] am ro rwE oROEA VF _ ts-4s s 2 0 4 2 7~ ¢vtdtaa 04 rF 1~_L $:8,515.06 ]~ Eight thousand five hundred fifteen and 06/10~,uaRS ~ =-~~ 1', UNION 6.ANK OF CALIFORNIA stox+ Gc Mw41 AMNY1 115 I £ 0899 Aown Ave., Fwrmwaro,+ Bt+cn, U 926x6 eoo :ea use ereMO Space C-3 t ~ - ---- ------ - ---°. ~ ...~.....u, V~1 VLI. vay i er a.-. a ebto's ~ rvpenv :~ I :asoc i i ~ Gtn2r I ~l "A general release does not extend to claims which the creditor do e.¢ not know or suspect `~ to exist in }u's favor a[ the time of executing the release, which if known by him must ha:• materially affected his settlement with the debtor." 23 ! 0. In exchange for the above consideration from Tenant, including the releases 24 specified in Para graph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant the sum of 25 58,515.06, representing Tenant's Mobilehome Value Claim in the ~6 amount of 510,000.00, less estimated rent and utilities in the amount of $984.04 ($342.02 rent, 5150.00 utilities, for two 77 months -,lama ry and February 2007) for Tenant's continued occupancy at the Park from the date 28 hereGfthrou n Februar ~ ~ g y _8, _007, less a holdback (the "Holdback's in the amount of 5500.00 (in ,~saoz z 4 15-52 y 2 3 4 5 6 7 8 9 :~ ~~ ~liv/Ls obligation, ]iahilities, demands, claims, eosts, expe9]ses, debts, comruversies, damages, rights, actiorss, ar causes of action retcascd pursuam to this A8'eemcrrt. 7hc Parties also agrc to defend, inder>a]ify and hold one another harmless against any obligstion, liability, dtmand, claim, cost, oc~enae (including bul not limited to aitomays' fees insured), debt, comzoversy, damage, action or cause of action based on, arising out of or in connection with any such sale, 4ansfer or assignment or purported sale, o-a]]sfer or assignmem. AATID: December ~, 2006 Y ~~-~~ ~ William Sapp ~I'maatl DATE7J: Dccembc ,~, 2006 SHIPMENT NO SHIPMENT GATE WEIGHT 308736 -44513 FROM (COMPAN Y N A ME) - Y ~ ~ `C Q, 1J c.~ i00RES5 s~ S CITY STATE ZIP GOOF IREOUIREG) w0 V ~ SENT RY INAME/OEPT,I PHONE TO (COMPANY NAME) .: _. CAI:~iJT O 'F;.rvl i•P '^.:: li~•. ~ S RESS p Gc ~v~o~ V is TATE ZIP COOE IREOpIREO) l U gTTw (NAME/OEPT.) PHONE Wm~-~Iw SA bl 46-1-83Fsy :)~ 20 21 22 23 24 25 26 27 ap TT?S SO O TiRTID• DATED, PRESEN'i KENNETH KUBOTA RINGST~ ROBERT KUBOTA, ETC CLASS 4 ACCOUNT PH 714.545-6332 iUiam Sapp (Ten ~ ~~rtc~ ~~YK'c'~'t-ems Kcnneth Kubota, CSaimAssignce RINGSTAD & SA24D LLP By. r~rkt~ $ -General lnsalvency Counsel f07Adxo[ as cbtor- w in-Possession, 7ADP BAY MOBILE 1ADGE, INC. p~ I OADER n]rry THE HONORABLE ERITHB A SMITH ^U^•~SSt 17330 NEWHOPE ST. STE G By. 1~+4 - FOUNTAIN VALLEY, CA 92708 ~~ ~j PAY r0 THE W_ - OROER OF._ - z Ifi-19 7: 2 ~ ~ 1 Iz~o rGb10fi 1761 12-22-06 OA iE ~_- __.__ -...__.. __~ $ 8,615.°6 8IId Dei7t0 3~kHPB.~ Eight thousand six hundred fifteen and__96/l00 Go~tARS ~ '--`~' UNION BANK OF CALIFORNIA sie~NwNc AOAW AvWUt /75 8999 Aoww An., IluenHmoN 9twcn. G 9]bAb 900 ]]9 U06 ~~t%~. m• MEMO _.._ S D a C e_ _ A=2 7__.__.._.. 15-53 ATTACHMENT 6 CHAPTER 9.40 CHULA VISTA MUNICIPAL CODE 15-54 Chula Vista Municipal Code Chapter 936 DISCHARGING WEAPONS* Sections: 9.36.010 Prohibited generally. 9.36.020 Exception. • For statutory provisions concerning control of con- cealedweapons, see Pen. Code § 12000, et seq. 9.36.010 Prohibited generally. It is unlawful for any person to shoot or dis- charge any gun or firearm, when the same is loaded with any shot or bullet, which will be, by such dis- chazge, discharged therefrom, within the corporate limits of the city. (Prior code § 20.16). 9.36.020 Exception. Notwithstanding the general prohibition in CVMC 9.36.010, it shall not be unlawful to shoot or dischazge any gun or fuearm in that portion of the incorporated territory of the city of Chula Vista generally west of the Lower Otay Reservoir described as follows: That portion of said city of Chula Vista ly- ing southerly of a line drawn from the east- ern edge of Wueste Road along the south- ern edge of Otay Lakes Road east to the 480-foot contour line along the western edge of the Lower Otay Reservoir; follow- ing the 480-foot contour line southerly along the western edge of the Lower Otay Reservoir coincident with the southerly edge of the Chula Vista city limits; from there west to the eastern edge of Wueste Road and northerly again to the point of or- igin along the eastern edge of Wueste Road. Such shooting or discharge shall only be lawful for patrons of the city of San Diego's Water Fowl Hunting Program, for the purposes of seasonal duck hunting (between October and January of each yeaz, as specified in that program). (Ord. 2370 § 1, 1990). 9.40.010 1X. Mobilehome Park Residence Protection Chapter 9.40 HOUSING ASSISTANCE Sections: 9.40.010 Mobilehome pazk and trailer park conversions -Purpose and intent. 9.40.020 Definitions. 9.40.030 Application for conversion or discontinuance of mobilehome or trailer park. 9.40.010 Mobilehome park and trailer park conversions -Purpose and intent. It is the purpose of the city council in accordance with the provisions of Sections 65863.7 and 66427.4 of the Government Code of the state to mitigate any adverse impact of the conversion of mobilehome and trailer pazks to other uses or the discontinuance of use of mobilehome or trailer parks on the ability of displaced mobilehome or trailer owner/occupants to find adequate spaces in other such pazks. It is the intent of the council to impose upon pazk owners choosing to convert or discontinue their mobilehome or trailer pazk oper- ations, whether located in exclusive mobilehome pazk zones or in other commercial or residential zones, the obligation to provide financial assistance or some satisfactory alternative thereto for those mobIlehome or trailer owner/occupants who would be dislocated by the decision to convert such mobilehome or trailer parks to uses other than that designated in the zone, or than that to which they have been utilized, or to discontinue use. It is the intent of this chapter to carry out and supplement the requirements of the state law in regard to noti- fication and to establish relocation assistance pro- grams for low- and moderate-income mobilehome or trailer owner/occupants placed in the position of being dislocated as a result of either conversion of mobIlehome pazks to other uses or discontinuance of use. This section does not apply to mobilehome or trailer owner/occupants who move into mobile- home or trailer pazks where the pazk owner has pro- vided said mobilehome or trailer owner/occupant with written notification at the time they move in of intention to discontinue the mobilehome or trailer pazk on a specific date within three yeazs of that written notification. (Ord. 2299 § 1, 1989; Ord. 1982 § 1, 1982). 9-43 15-55 9.40.020 9.40.020 Definitions. A. "Mobilehome" is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. "Mobilehome" includes a manufactured home, as defined in Sec- tion 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a rec- reational vehicle, as defined in Section 799.24 of the California Civil Code and Section 18010 of the California Health and Safety Code. B. "Mobilehome pazk" is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobIlehomes used for human habitation, and where the predominant number of sites aze occupied for nine or more con- secutive months. C. "Trailer," for the purpose of this chapter only, is a structure designed for human habitation and for being moved on a street or highway without need for a permit pursuant to Section 35790 of the California Vehicle Code. "Trailer," for the purpose of this chapter only, does not include the following recreational vehicles as defined in Section 799.24 of the California Civil Code: motor homes, slide-in campers, truck campers, and camping trailers. "Trailer," for the purpose of this chapter only, does include the following recreational vehicles, as defined in Section 799.24 of the California Civil Code: travel trailers. D. "Trailer pazk," for the purpose of this chap- teronly, is an azea of land where two or more trailer sites aze rented, or held out for rent, to accommo- date trailers used for human habitation, and where the predominant number of sites are occupied for nine or more consecutive months. E. "Mobilehome or trailer owner/occupants" are persons owning and occupying a mobilehome or trailer as their principal residence for six months or more during a year. (Ord. 2368 § 1, 1990; Ord. 2299 § 1, 1989). 9.40.030 Application for conversion or discontinuance of mobilehome or trailer park. A. Application for Conversion or Discontinu- ance. Prior to the approval of any rezoning, subdi- vision map, or the issuance of any permit, including a building pernut, which would allow the use of any properties presently or hereinafter uti- lized for mobilehome or trailer pazks to be used for any purpose other than a mobilehome or trailer pazk, or prior to the cessation of use of all or any part of a mobilehome or trailer pazk, an application to convert from such use or to discontinue must be filed with the community development depart- ment. The requirements of this section shall be applicable whether or not the mobilehome or trailer pazk is: 1. Located within an exclusive mobilehome pazk zone; 2. Located within a zone subject to condi- tionaluse permit; or 3. Entitled to be used as a mobilehome or trailer pazk based on nonconforming rights. B. Application Requirements. The following information or documentation shall constitute application for conversion or discontinuance of an existing mobilehome or trailer pazk. I. A relocation plan which shall make ade- quate provision for the relocation of the mobile- home or trailer ownedoccupant who will be displaced by the discontinuance of the use of the property for a mobilehome or trailer pazk; 2. A profile of the existing pazk, including: a. Number of spaces, b. Names and addresses of all mobile- home or trailer owner/occupants, c. Date of manufacture of each home, d. Replacement value of each home, e. Estimated cost of relocation of each home, f. Length of tenancy of each mobilehome or trailer owner/occupant, g. Estimated income and age of each mobilehome or trailer owner/occupant; 3. A timetable for vacating the existing pazk; 4. Evidence satisfactory to the community development director that agreements satisfying the relocation assistance requirements of this chap- ter have been offered to eligible mobilehome or trailer owner/occupants. Such evidence may include, but is not limited to, the following: a. Written agreements to relocate mobile- homes or trailers owned by low- and moderate- income mobilehome or trailer owner/occupants, b. Assistance for low- and moderate- income mobilehome or trailer owner/occupants in the form of payment by the pazk owner of 75 per- cent, up to a maximum of $3,000, of the cost of relocating the mobilehome or trailer to another mobilehome or trailer park within 100 miles; 5. Evidence that the pazk owner has informed all mobIlehome or trailer owner/occupants in writ- ing of alternative sites available to them; 6. Evidence that the pazk owner has agreed to purchase those homes of low- and moderate- 9-44 15-56 Chula Vista Municipal Code income mobilehome or trailer owner/occupants which aze determined to be not relocatable due to age and/or condition. Such purchases shall be based on standard insurance replacement criteria; 7. Evidence that the displaced residents have been provided right of first refusal to purchase, lease or rent any dwelling units or mobilehome or trailer spaces which may be built on the subject property; 8. A narrative summary of planned new use of property to be converted or reason for non-use; 9. As an alternative to subsection (B)(4)(b) of this section, evidence that the park owner has given the mobIlehome or trailer owner/occupants a three-year notice to vacate, said notice being pur- suant to Section 798.56(f) of the Civil Code: If such athree-yeaz notice is given, the applicant must assist all low- and moderate-income dis- placed mobilehome or trailer owner/occupants in accordance with the following schedule: If Mobilehome or Trailer Owner/ Portion of Occupant Vacates Expenses Paid Up to a Before End of by Owner Maximum of First year 75% $3,000 Second yeaz 50% $2,000 Third year 25% $1,000 C. Submittal to and Decision of the Community Development Director. All of the above applica- tion information shall be submitted to the commu- nity development duector. The corrmtunity development director shall make his decision in the following manner: 1. If the community development duector detemunes that the application is complete and conforms with all regulations, policies and guide- lines, and that the relocation plan or other commit- ments by the pazk owner mitigate the impact of conversion or discontinuance on the health, safety and general welfaze of persons residing in the mobilehome or trailer pazk, he shall grant the appli- cationfor conversion. 2. If the community development director determines that the application is not complete or it does not conform with all regulations, policies and guidelines, or that the relocation plan or other com- mitments by the pazk owner do not mitigate the impact of conversion or discontinuance on the health, safety or general welfaze of persons resid- ing in the mobilehome or trailer pazk, he shall deny the application for conversion. 9.40.030 3. The community development dtrector may establish the date on which the resolution of conversion or discontinuance will become effec- tive. Such date shall not be more than three yeazs from the date of decision of the community devel- opment director, or such eazlier date as the appli- cant has complied with the provisions of an approved relocation plan and submitted evidence thereof to the community development director. 4. In granting or denying the application for conversion or discontinuance of the mobilehome or trailer park, the community development duec- tor shall make a written finding in rendering the decision and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth herein. 5. A copy of this written fording of facts shall be filed with the city clerk and the director of planning and building, and shall be mailed to the applicant and to the mobilehome or traIler owner/occupants of the mobilehome or trailer park. 6. The decision of the community develop- ment duector shall be final on the fifteenth day fol- lowing the mailing of the decision to the applicant and the mobilehome or trailer ownerloccupants required in subsection (C)(5) of this section, except when appeal is taken to the city council as provided in subsection (D) of this section. D. Appeal from the Decision from the Commu- nity Development Drector. 1. An appeal from the decision of the com- munity development drector on an application for conversion or discontinuance of a mobilehome or trailer pazk maybe taken to the city council within 15 days following the decision of the community development director. The appeal maybe taken by the applicant, any governmental body or agency, any owner of real property located within the city or any resident of the city. The appeal shall be in writing on a prescribed form and filed with the city clerk. The appeal shall specify wherein there was an error in the decision of the community develop- ment director. If an appeal is filed within the time specified, it shall automatically stay proceedings in the matter until a determination is made by the city council. 2. Upon the filing of the appeal, the commu- nity development director shall set the matter for public hearing before the city council at the earliest practicable date. The public hearing shall be noticed and held in accordance with the provisions of this code. Notice of time and place and purpose of such hearing shall be given as follows: 9-45 15-57 9.40.030 a. By at least one publication in the offi- cial newspaper of the city, not less than 10 days prior to the date of the heazing; b. By mailing notices at least 10 days prior to the date of such hearing to the mobilehome or trailer pazk owner and to all mobilehome or trailer owner/occupants of the mobilehome or trailer pazk. 3. Upon the hearing of the appeal, the city council may by resolution affum, reverse or mod- ify in whole or in part any determination of the community development dtrector, subject to the same limitations as aze placed upon the community development director by law and the provisions of this code. The resolution must contain a finding of fact showing wherein the proposed development meets or fails to meet the requirements herein. 4. The decision of the city council shall be fmal unless appealed to a court of competent juris- diction. E. Waiver. The community development direc- tor may recommend to the city council the accep- tance of other mitigating actions by the pazk owner in lieu of the specific provisions herein if extreme economic hazdship would result for the pazk owner, or if other proposed mitigating actions have recommending benefit. F. Notification Requirements. In addition to any notification requirements under the California CivIl Code, the following notification requirements shall apply to any application for conversion or discon- tinuance of mobilehome or trailer park use: 1. A minimum of 10 calendaz days prior to an applicant filing an application for conversion or discontinuance of the mobilehome or trailer park, the applicant shall give written notice to each mobilehome or trailer owner/occupant of the mobilehome or trailer pazk of the proposed change. Such notice shall be subject to the prior approval of the community development director. 2. No public heazing required hereunder to consider an application for conversion or discon- tinuance of a mobilehome or trailer pazk use shall be held unless and until the applicant submits to the community development director an affidavit approved as to form by the city attorney declazing that the applicant has given the notice required by this provision. G. Penalty. Violation of any provision of this chapter by the owners of mobilehome or trailer pazks shall be deemed to be a misdemeanor subject to the penalties as established by state law for mis- demeanors. In addition thereto, any mobilehome or trailer owner/occupant in a mobilehome or trailer pazk where conversion to other uses ar discontinu- ance has been sought or accomplished, and in which violations of the terms and provisions of this chapter have occurred, may seek civil remedies for damages in accordance with the relocation provi- sions contained herein, no later than one yeaz from the date of lease cancellation or eviction from the mobilehome or trailer pazk. (Ord. 2790, 1999; Ord. 2368 § 2, 1990; Ord. 2299 § 1, 1989). 9-46 15-58 ATTACHMENT 7 SECTION 7.17 LAND USE AND TRANSPORTATION ELEMENT CHULA VISTA GENERAL PLAN 15-59 7.17 -Evaluations for Mobilehome Developments: Mobilehome Overlay District As noted in LUT Section 7 1 and in Housine Element Part 1 Section 3.0. maintaining an balance to meet the needs of existine and future residents. In Chula Vista mobilehome developments have historically been a part of that supply and have effectively provided a unique and affordable housine source Housing costs for mobilehome livine aze often lower than mazket rates for other tomes of housing such as comnazable sized rental anartmeats As such. it is not uncommon to find that many of the housino options for mobilehome residents in the event of potential closure of oae or more of these developments. As shown on Fig+~*e 5-18fA1 there aze currently 32 mobilehome developments within the Cit~m a variety of settines raneine from well organized and maintained pazks with exclusive Mobile Home Park (MII~IPl zonine to less formal and often smaller frailer pazks is areas zoned for commercial or other development Within the Urban Core Subazea. 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 throuehout the reeion. the likelihood for potential closure of some mobilehome developments over time is real. In reco stion of these circumstances and in order to better balance the often unique needs of mobilehome residents with the challenees in locatine suitable replacement housing. it is important that analysis and plannine 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 affectine 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 chances in use and/or urban redevelopment on this unique form of housing from the standpoints of housine opportunity affordability, and As stated in the following Obiective and Policies the Mobilehome Overlay District ensures that the analysis and plannine on the affects of closure on existing mobilehome residents is conducted and that the property owner and/or protect proponent has prepazed and tamed out a plan to address those affects as required by the Municipal Code. 15-60 Obiactive -LUT 34.A Ensure sufficient evaluation and response to the effects of any change of use or urban redevelopment of existing mobilehome developments. Policies LUT 34.A.1 Prior to the City's consideration of anv proposed chanee of use and/or rezonine pursuant to Municipal Code Chauter 9.40 of anv mobilehome development LUT 34.A.2 At the time of consideration of anv change of use and/or rezonine of anv of the mobilehome properties noted above. the Citv Council shall review the plan prepazed under Policy 34 A.1, and prior to taking action on said chanee of use and/or rezomne in accordance with the reouirements of Municipal Code Chapter 19 06 and section 19 12 020 shall make the followine findines: • That the proposed chanee of use and/or rezoning will not adversely affect attainment of the City's coal to provide a variety of housine options within the Citv (Housine Element Objective 3) remain in sufficient supply. (Housine Element Obiective 3) • That the property owner and/or project proponent plan does ensure sufficient evaluation and response to the effects of the chanee of use and/or rezonin of the "' existing mobilehome development. (Housing Element Obiective 4} • That the roroposed chanee of use and/or rezoning will not result in severe or undue hardship on affected mobilehome residents. (Housing Element Obiective 4) =3 That the property owner and/or pmiect proponent plan complies with applicable Ci and State mobilehome conversion and relocation regulations (Housine Element Obiective 4) • That prior to the commencement of anv 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 reouirements of CVMC Section 9.40 and applicable State regulations. and to the satisfaction of Directors of Planning and Buildine and Community Development. 15-61 and Building and the Director of Community Development that provides steps and provisions to mitieate anv adverse impacts of the conversion on the affected residents Mobile Home Overlay District I O) N Existing Mobile Home Parks In Overlay Distdct 1 Chula Vista Mobile Home Park 2 Jade Bay Mobile Lodge 3 Bayscene Mobile Home Park 4 Fogerty Brothers Trailer Park 5 Caravan Trailer Park fi Trailer Yilla 7 Terry's Mobile Home Park S Mohawk Trailer Park 9 Terry's Broadway Trailer Park 10 Rose Arbor Mobile Home Park it Cabrillo Mobile Lodge 12 Flamingo Trailer Park 13 Bison Mobile Home Park 14 Sharon's Trailer Park 15 Brentwood Mobile Home Park 16 Mountain View Mobile lodge 17 Georganna Trailer Park 18 Bayside Trailer Park 19 Rancho Bonita Mobile Home Park 20 EI Mlrador Trailer Court 21 Orange Tree Mobile Home Park 22 Continental Country Club 23 Hacienda Mobile Estates 24 Lynwood South Mobile Home Park 25 Farmhouse Trailer Park 26 Granada Mobile Estates 27 Thunderbird Mobile Home Park 28 Fabulous Caliente Mobile Home Park 29 Palm Mobile Estates 30 Palace Gardens Mobile Home Park 31 Don Luls Estates 32 Otay Lakes Lodge \I/~ 'age LIJI-130D ~H„~ ~, ATTACHMENT 8 MEETING MINUTES PLANNING COMMISISON 15-63 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. June 24, 2009 Council Chambers 276 Fourth Avenue Chula Vista, California CALL TO ORDER: ROLL CALL /MOTIONS TO EXCUSE: Members Present: Clayton, Moctezuma, Vinson, Spethman, Thompson Member Absent: Tripp, Felber MSC (Clayton/Moctezuma) to excuse Cmrs. Tripp and Felber. Motion carried INTRODUCTORY REMARKS: Read into the record by Vice-Chair Clayton ORAL COMMUNICATIONS: No public input. CONSENT AGENDA: PUBLIC HEARING: 1. Public Hearing: PCZ 08-04; Consideration of an application filed by SKK Realth, LLC requesting a rezone from MHP-Exclusive Mobilehome Park to R3 Apartment Residential Zone with a Precise Plan Modifying District. 6:07:54 PM Background: Jeff Steichen reported that this is a request for a rezone to change the existing Mobilehome Park zoning designation to R-3-P, Apartment Residential with a Precise Plan Modifying District, fora 4.35-acre vacant site located at 701 D Street in northwest Chula Vista. The rezone would bring the zoning for the site into conformity with the existing General Plan designation of Residential High (multi-family). The project site was the former Jade Bay Mobile Home Park, established in 1960 at which time the zoning was R-3. On November 28, 1978 the City Council established the MHP Zone and in June 1980 the subject property was changed from R-3 to MHP. Following the conclusion of bankruptcy proceedings, the court exercised its jurisdiction to effect the park closure in 2006. Staff Recommendation: That the Planning Commission adopt Resolution PCZ OS-04 recommending that the City Council adopt the Draft City Council Ordinance and Resolution. 15-64 Planning Commission Minutes -2- June 24, 2009 Commission Discussion: A discussion ensued between Cmr. Thompson and Deputy City Attorney Miller regarding the bankruptcy proceedings and the application of the City's Mobilehome Park Closure Requirements under Chapter 9.4 of the Municipal Code, which outlines criteria requiring a relocation plan far residents of an existing mobilehome park and approval of the plan prior to considering the closure of a park and subsequent rezoning of the property. 6:16:09 PM 6:22:36 PM Cmr. Thompson stated he understands that the P-modifier allows flexibility in addressing the unique characteristics of the property in relationship to its surroundings, but is of the opinion that perhaps instead of the P-modifier designation, the same thing could be accomplished through the Variance process. Jeff Steichen responded that in light of the diversity of existing land uses surrounding the property, staff believes that the application of the P-modifier will allow greater design control over the eventual development of the site to insure compatibility with existing uses surrounding the site. Staff also felt that it was prudent to include the P designation because there are some unique situations i.e. the site is accessed off of two streets and is at the terminus; the P-modifier allows flexibility in addressing other deviations in development standards i.e. height, signage, parking and setbacks. Public Hearing Opened. 6:29:46 PM The following members of the public spoke during public testimony in opposition of the rezone and urged to Commission to vote against it DeanSpooner.6:30:06 PM Barbara Nunnelec 6:36:28 PM Patricia Lopez 6:42:32 PM Theresa Acerro 6:46:11 PM Dolores Dempsey The following members of the public spoke during public testimony in support of the rezone and urged the Commission to vote in support of it: Ed Herrera 6:33:20 PM Lisa Cohen 6:45:01 PM 6:52:33 PM Jeff Chine, representing the applicant stated he understands there are deep emotions surrounding the history of this property as well as complex issues with the Federal Bankruptcy Court over matters of jurisdiction. The issue at hand is what is in the best interest of the citizens of Chula Vista with regard to the zoning designation of this piece of property; the proposed rezoning better implements the General Plan land use designation than its current zoning. SKK Realty is seeking the rezone to make this a productive piece of property that will eventually be developed with a stellar infill project that complies with all City standards; including inclusionary housing. Staff and the City Attorney have done a thorough analysis of the proposal and he would urge the commission to move forward with recommending approval of the rezone. Public Hearing Closed. 7:03:05 PM 15-65 Planning Commission Minutes -3- June 24, 2009 Commission Comments: 7:03:18 PM Cmr. Vinson stated that the conditions leading to the closure of the park through bankruptcy court are not under consideration by the Planning Commission at this time. He further indicated this is a blighted parcel in its current condition and is being used as a dumping site; he is hopeful that a development proposal will come sooner than later providing inclusionary housing, property tax revenue, and construction jobs, therefore, he is supporting the rezone. 7:05:56 PM Cmr. Clayton asked how does an affirmative vote on the rezone affect the resident protection afforded under the City Code to other mobilehome parks in the city. Steve Power responded that this is an independent action on a vacant piece of land; the 9.4 provisions apply to all existing operating and occupied mobilehome parks. David Miller added that unless there is some adjudication by a federal or State court, all City rules and regulation contained in our code would have to be followed. 7:07:34 PM Cmr. Spethman stated he concurs with Cmr. Vinsons' comments and empathizes with the plight of the residents who were displaced because of the bankruptcy proceedings, however, the current conditions of the site don't help anyone and is an eye- sore to the community; the City has to be forward-thinking and create the conditions that will lead to the highest and best development of the site. 7:11:18 PM MSC (Vinson/Spethman) (4-1-0-2) to support including the P modifier. Motion passed with Cmr. Thompson voting against it. 15-66 ATTACHMENT 9 OWNERSHIP DISCLOSURE FORM 15-67 ~~,ir, CIiY OF CHULA V15TA P l a n n i n g & B u i l d i n g D e p a r t m e n t Planning Division ~ Development Processing APPLICATION APP~CNDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. SKK Realty, LLC 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. SKK Realty, LLC 3. If any person' identified pursuant to (1) above is anon-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. MAY Group, Inc. Tccisrcrr~ i nc 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No X If Yes, briefly describe the nature of the financial interest the official'* may have in this contract. Not Applicable 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No x Yes _ If yes, which Council member? 276 Fourth Avenue Chula Vista ~ '~L ~nia 91910 ~ (619) 691-5101 ~~1 fj ~~ P l a n n i n g CITY OF :HULA VISTA 3isclosure Statement -Page 2 & B u i i d i n g D e p a r t m e n t Planning Division ~ Development Processing APPLICATION APPENDIX B Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No x If Yes, which official"' and what was the nature of item provided? Date: i'L(t~ ~0-I ~D 3 D$ Signature of Contractor/Applica'nt' Marwan A. Younis type name of Contractor/Applicant or Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue ~ Chula Vista ~ JC aJ~®rnia 91910 ~ (619) 691-5101 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT APPLICANT HAS COMPLIED WITH REQUIRED PROVISIONS OF LUT SECTION 7.17 OF THE CHULA VISTA GENERAL PLAN REGARDING AN APPLICATION TO REZONE PROPERTY CURRENTLY DESIGNATED MHP (EXCLUSIVE MOBILEHOME PARK) ZONE. WHEREAS, the subject matter of this Resolution is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code. The area of the Zoning Map to be used as the project area, is identified as Exhibit "A," attached hereto; and WHEREAS, an application to amend the Zoning Map was made by SKK Realty, LLC ("Applicant") and filed with the City of Chula Vista Development Services Department on June 9, 2008; and WHEREAS, the applicant proposes to rezone the 4.35 acre property located at 701 D Street ("Project Site") from the MHP (Exclusive Mobilehome Pazk) Zone to the R- 3-P (Apartment-Residential, Precise Plan) Zone, establishing a Precise Plan Modifying District, ("Project"); and WHEREAS, the General Plan requires that prior to rezoning any property within the Mobilehome Overlay District, specific findings must be made to insure that analysis and planning on the affects of closure of existing mobilehome residents has been conducted; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that since the proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR OS-O1 no further environmental review or documentation is necessary; and WHEREAS, the Planning Commission recommended approval of the project at a public hearing held at a time and place advertised, namely 6:00 pm on June 24, 2009, in the Council Chambers, 276 Fourth Avenue; and WHEREAS, the City Council set the time and place for a hearing on said zone change (PCZ-08-04) and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the city and the notice was mailed to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and 15-70 WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m. on July 14, 2009, in the Council Chambers, 276 Fourth Avenue and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby fords that the following fmdings have been made: THAT THE PROPOSED CHANGE IN USE AND/OR REZONING WILL NOT ADVERSELY AFFECT ATTAINMENT OF THE CITY'S GOAL TO PROVIDE A VARIETY OF HOUSING OPTIONS WITHIN THE CITY. The proposed change in use/rezone will not adversely affect the City's housing goals since the project site is cunrently vacant and, therefore, does not currently contribute any units to the housing stock. Since the development of the Jade Bay Mobile Lodge there have been a greater variety of housing types developed for a variety of income limits within Chula Vista, offering more vaned housing options. Rezoning of the property to allow for multi-family development will help achieve the City's goal of achieving a variety of housing types. This will help achieve the goal of General Plan Policy LUT 1.9 which is to provide oppommities for development of housing that respond to diverse community needs in terms of density, size, location and cost. Multi-family allows for either rental or condominium units to be developed on the site. Typically, the rents or sales prices for these units would be lower than that of a typical single-family dwelling. The City's General Plan for this site is currently High Density Residential so that the rezoning would result in bringing the existing zoning into greater conformance with the General Plan. Further, this would help achieve the City's General Plan policy of achieving a vaziety of housing options. Furthermore, Policy LUT 1.19 requires that land use intensities be evaluated in conjunction with any zone change and/or General Plan Amendment to permit density or modify intensity. Factors to be considered include, but aze not limited to, the maximum intensity allowed for the applicable land use designation in the General Plan, traffic circulation patterns, environmental constraints, and compatibility with surrounding land uses. The requested rezone to R-3 is the most consistent zone with the existing RH designation of the General Plan. THE PROPOSED CHANGE OF USE AND/OR REZONING IS SUPPORTED BY SOUND PLANNING PRINCIPLES, AND HIGHER DENSITY, AFFORDABLE REPLACEMENT HOUSING WITHIN THE CITY WILL REMAIN IN SUFFICIENT SUPPLY. The General Plan designation for the project site is RH, which will allow for multi-family development at a density range of 18-27 dwelling units per acre, a higher density than is typical for a mobilehome pazk type development. Thus, the 15-71 proposed change to R-3 zoning is consistent with the City's desire for higher density development in the azea. Any future development will be required to comply with the City's Balanced Communities ("Inclusionary") Housing Element Policy for affordable housing. As stated in General Plan Policy H5.1, newly constructed residential development projects containing 50 or more units, shall include a minimum of 10% as on-site affordable housing. Since the proposed zoning will allow for multi-family housing consistent with the high density designation of the General Plan, it will provide more affordable housing units than other types of residential development. Future development of the site will provide affordable housing opportunities to many in the form of affordable rental or ownership units due to the inclusionary policy mentioned above. THAT THE PROPOSED CHANGE OF USE/AND OR REZONING WILL NOT RESULT IN SEVERE OR UNDUE HARDSHIP ON ANY AFFECTED MOBILEHOME RESIDENT. This fording is not applicable since the project site is currently vacant and no residents live on the site. Under the bankruptcy proceedings, the court required the former operator of Jade Bay to provide relocation assistance. The applicant has further indicated that the former operator of Jade Bay provided additional assistance above and beyond that required by the court. THAT THE PROPERTY OWNER AND/OR PROJECT PROPONENT PLAN COMPLIES WITH APPLICABLE CITY AND STATE MOBILE HOME PARK CONVERSION AND RELOCATION REGULATIONS. This finding is not applicable since the site is currently vacant and no residents live on the site. Instead of specifically following the state and local conversion and relocation regulations, the mobilehome park was closed following the proceedings of the Federal Bankruptcy Court. At the same time, the majority of the provisions of Chapter 9.40, which requires the development of a relocation plan, were complied with according to the bankruptcy court. THAT PRIOR TO THE COMMENCEMENT OF ANY CLOSURE OF THE MOBILEHOME DEVELOPMENT, THAT THE PROPERTY OWNER(S) WILL PREPARE AND ENSURE CONFORMANCE OF A DETAILED CLOSURE AND RELOCATION PLAN CONSISTENT WITH THE REQUIREMENTS OF CVMC SECTION 9.40 AND APPLICABLE STATE REGULATIONS, AND TO THE SATISFACTION OF DIRECTORS OF PLANNING AND BUILIDNG AND COMMUNITY DEVELOPMENT. 15-72 The Jade Bay Mobile Lodge that previously operated on the site was closed through federal bankruptcy proceedings. Therefore the requirements "prior to the commencement of any closure" cannot be met. Presented by Gary Halbert ,PE, AICP Director of Development Services/ Deputy City Manager 15-73 i a s PROJECT ~ LOCATION Single and Multt~ Famth Apartments K :, • a w a ~ ~ b • + ~ c ~ ~ a T a ~ m a m// i Z •, ~~ Y 9 P s M s s' \ .'' . Vacant Single MuNi-F ~~ Mobilehome Park EXHIBIT A 15-74 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.1 S.O10 TO REZONE ONE 4.35 ACRE PARCEL LOCATED AT 701 D STREET FROM MHP (EXCLUSNE MOBILEHOME PARK) ZONE TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN) ZONE WHEREAS, the subject matter of this Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified as Exhibit "A," attached hereto; and WHEREAS, an application to amend the Zoning Map was made by SKK Realty, LLC ("Applicant") and filed with the City of Chula Vista Development Services Department on June 9, 2008; and WHEREAS, the 2005 General Plan designates the site as RH and the proposed zoning is consistent with the General Plan and is an implementing zone for this General Plan designation; and WHEREAS, the applicant proposes to rezone the 4.35 acre property located at 701 D Street ("Project Site") from the MHP (Exclusive Mobilehome Park) Zone to the R-3-P (Multi Family Residential, Precise Plan) Zone, establishing a Precise Plan Modifying District, ("Project"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed prof ect for compliance with the California Environmental Quality Act ("CEQA") and has determined that since the proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR OS-O1, no further environmental review or documentation is necessary; and WHEREAS, the Planning Commission recommended approval of the project at a public hearing held at a time and place advertised, namely 6:00 pm on June 24, 2009, in the Council Chambers located at 276 Fourth Avenue; and WHEREAS, the City Council set the time and place for a hearing on said zone change (PCZ- 08-04) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and the notice was mailed to property owners within 500 feet of the exterior boundazies of the Project site at least ten days prior to the hearing; and WHEREAS, the heazing was held at the time and place as advertised, namely 4:00 p.m. on July 14, 2009, in the Council Chambers located at 276 Fourth Avenue, and said heazing was thereafter c]osed. 15-75 Ordinance No. Page 2 NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: I. FINDINGS FOR APPROVAL OF REZONE AND PRECISE PLAN MODIFYING DISTRICT. Pursuant to Section 19.56.041 of the Chula Vista Municipal Code, the City Council of the City of Chula Vista finds that the following circumstances aze evident, which allows the application of the "P" Precise Plan Modifying District to the project site. THE SUBEJCT PROPERTY, OR THE NEIGHBORHOOD OR AREA IN WHICH THE PROPERTY IS LOCATED, IS UNIQUE BY VIIZTUE OF TOPOGRAPHY, GEOGRAPHICAL CHARACTERISTICS, ACCESS, CONFIGURATION, TRAFFIC CIRCULATION OR SOME SOCIAL OR HISTORICAL SITUATION REQUIRING SPECIAL HANDLING OF THE DEVELOPMENT ON A PRECISE PLAN BASIS. The City Council fmds that the proposed precise plan-modifying district, which will be attached to the R-3 zone, provides necessary safeguazds so that at the time of future development of the site, consideration will be made ofthe unique chazacteristics ofthe site as well as its location and surroundings. The subject property is only accessible from two sides of the subject property, from Woodlawn Avenue and D Street. Such limited access may pose some unique and significant challenges as far as routine ingress and egress, emergency access and general traffic circulation. The P modifier would allow flexibility in the future to make modifications to development standazds such as building setbacks in order to accommodate a more desired future on-site development proposal. 2. THE PROPERTY OR AREA TO WHICH THE PMODIFYING- DISTRICT IS APPLIED IS IN AN AREA ADJACENT AND CONTIGUOUS TO A ZONE ALLOWING DIFFERENT LAND USES, AND THE DEVELOPMENT OF A PRECISE PLAN WILL ALLOW THE AREA SO DESIGNATED TO COEXIST BETWEEN LAND USAGES WHICH MIGHT OTHERWISE PROVE INCOMPATIBLE. The City Council fmds that adoption of a Precise Plan Modifying District will allow future development of the site to achieve greater compatibility with the existing surrounding land uses. Directly north of the subject property, the land which is zoned R-3 ("Apartment Residential Zone") is developed primarily with apartments and other multi-family structures. To the east, although also designated R-3, contains a mixture of both single and multi family development. To the south of the subject property, the land which is zoned MHP (Exclusive Mobilehome Pazk) is fully developed as an 85 unit mobilehome park. To the west of the subject property, the land contains certain road improvements serving Interstate 5 and the right of way for the San Diego Trolley line. In light of the diversity of existing land uses surrounding the subject property, staff believes that the application of the P-modifier to the subject property will allow greater design control over the eventual development ofthe subject property to insure compatiblity with the existing uses surrounding the subject property. Due 15-76 Ordinance No. Page 3 to the proximity of Interstate 5 to the west of the project site and associated noise and air quality concerns, it may be bene£cial to design a future project in such away that it is primarily oriented away from the freeway. 3. THE BASIC OR UNDERLYING ZONE REGULATIONS DO NOT ALLOW THE PROPERTY OWNER AND/OR THE CITY APPROPRIATE CONTROL OR FLEXIBILITY NEEDED TO ACHIEVE AN EFFICIENT AND PROPER RELATIONSHIP AMONG THE USES ALLOWED IN THE ADJACENT ZONES. The existing development standazds under the R-3 ("Apartment Residential Zone") maybe insufficient with respect to providing the City with the "appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. " Application of a Precise Plan Modifying District can provide flexibility in setback requirements. This would allow for a development to achieve a greater separation from the Interstate 5 freeway to the west without reducing the overall amount of density which maybe achieved. In this regazd, it would help achieve the Chula Vista General Plan goal of providing higher density residential development in proximity to existing transit facilities. Specifically, policy LUT 1.8 is to pursue higher density residential categories that are not being met within the City. In addition, it would allow for additional design restrictions which will result in a better site design and layout. II. ACTION This Ordinance hereby amends the Zoning Map, re-zoning the 4.35 acre Project site located at 701 D Street from MHP (Exclusive Mobilehome Park) Zone to the R-3-P (Apartment Residential, Precise Plan) zone, and establishes a Precise Plan Modifying District based on the fmdings that it is consistent with the City of Chula Vista General Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. III. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. _ n ~~ Presented by as to Gary Halbert, PE, AICP ~ar~'t Miesfeld Director of Development Services/ Ci Attorney Deputy City Manager 15-77 J , 1 UN~ s~P~~st \ ` o , ~~ 0 5 1 ~ ~ , 3, ~ \ ~~ m SZ 0 Z V15ZP \m cNU~ Y R3 ` OSR CZ 3 Proposed Zone \` a st R3P 3y~ T Dy U O AN 9G o m Z 9 ~ \ i m yL \ m ~3 \ UC-1~9 \ ~ ~ ~ \ C- UC-1 \ ~,,,~, EXHIBIT A CHUI~AVISTA 701 D Street; Proposed Zone "R3P" NORTH CITY COUNCIL AGENDA STATEMENT ,,~;~;-~ c1Tr of CHULA VISfA July 14, 2009, Item No.: ITEM TITLE: PUBLIC HEARING: PCZ-09-02 Consideration of an application filed by Tazget Stores Inc. requesting a rezone from C-C Central Commercial to C-C-P Central Commercial, with a Precise Plan Modifying District to redevelop a 9.9 acre site with 138,144 s.f. of retail use. The precise plan will allow exceptions to the pazking standards and sign provisions of the underlying zone. The site is located at 40 North Fourth Avenue in Northwest Chula Vista. ORDINANCE: of the City Council of the City of Chula Vista adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-09-009, amending Zoning Map or Maps established by Chula Vista Municipal Code Section 19.18.010 to establish the Precise Plan Modifying District and adopt precise plan standards for exceptions to parking and sign standards permitted in currently zoned C-C, Centra] Commercial Designation, for 9.9 acres at the northwest comer of North Fourth Avenue and "C" Street. SUBMITTED BY: Director of Development Services/Deputy City Manag~ REVIEWED BY: CityManage 4/Sths Vote :_Yes X No BACKGROUND The 9.9 acre site currently contains an existing 119,403 square-foot Target store and two smaller buildings. The site maintains a parking field consisting of 474 parking spaces. Existing signage includes two freestanding signs, one along each of the two street frontages (North Fourth Avenue and "C" Street). All three existing buildings will be razed and the site completely re-graded in order to redevelop the site. Redevelopment of the site is proposed by the applicant in order to modernize the building and site and make the development more consistent with the goals and policies of the 2005 General Plan, especially in terms of its "Gateway" location. 16-1 Meeting Date: 07/14/09 Page 2 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed. the proposed project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-09- 009 in accordance with CEQA. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made to or agreed to by the applicant would avoid the effects or mitigate the effects to a point where cleazly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration IS-09-009. RECOMMENDATION That the City Council adopt Ordinance to 1) adopt the Mitigated Negative Declazation and Mitigation Monitoring and Reporting Program IS-09-009 and 2) amend the Zoning Map to establish Precise Plan Modifying District and adopt precise plan standadds for exceptions to pazking and sign standards. BOARDS/COMMISSION RECOMMENDATION: On June 1, 2009, the Design Review Boazd (DRB) approved the proposed design for a new 138,144 squaze-foot Tazget store. The DRB found the project site plan, circulation and building design to be consistent with Design and Landscape Manuals. The DRB complimented the applicant on an "excellent design". On June 14, 2009 the Planning Commission considered the Rezone request and accompanying Mitigated Negative Declazation and Mitigation Monitoring Program IS-09-009 and - recommended that City Council approve the project. DISCUSSION Site Location and Surrounding Uses: The 9.9 acre site is located within the urbanized area of Northwestern Chula Vista, (see Locator Map). The site is located at the northwest corner of C Street and North Fourth Avenue The northem portion of the site is immediately adjacent to a private drive known as Brisbane Street. This private drive, which provides primary access to the adjacent commercial center is also one of a number of access points into the project site. The existing site is relatively flat and is developed with one primary and two ancillary structures. The existing surrounding land uses include commercial centers to the north and east, a storage facility to the west and public pazk to the south. Due to its proximity to SR-54 and the northem edge of the city boundaries it is considered a "Primary Gateway" location according to the Chula Vista General Plan. A description of the surrounding land uses, General Plan, and Zoning designations is outlined below: 16-2 Meeting Date: 07/14/09 Page 3 Summary of Surroundins Land Uses General Plan CV Municipal Code Zoning Existing Land Use Site CR-Commercial Retail CC-Central Commercial Existing Target retail store North (National City) (National City) Existing retail center South Park R-3-Multi-Family Residential Open Space/Pazk East CR-Commercial Retail CC (Central Commercial) Existing retail buildings West IL (Light Industrial) IL (Light Industrial) Existing public storage Project Description: The project consists of rezoning a 9.9 acre commercial site. The project proposes to demolish three existing structures and to redevelop the site with a 138,144 s.f. Target retail building. The currently developed 119,403 square-foot retail building has existed on the site prior to being converted from a Fed Mart store into a Target store in September of 1982. The building has not been updated or revitalized since that time and thus reflects the azchitectural style of site design of that time. Two smaller buildings (2,720 s.f. and 4,718 s.f) also exist on the site. All three of these buildings will be razed and the entire site re-graded as part of the proposed redevelopment. Redevelopment of the site is proposed and will consist of completely clearing the site of all structures and parking field and replacing this with a new larger Target facility with ancillazy improvements. A total of 534 pazking spaces are proposed, which is less that required by the Chula Vista Municipal Code (CVMC). The resultant smaller parking field will reduce the amount of required impervious area, enhance the storm water system and provide for additional green space. The proposed landscaping will increase the overall amount of green space from 3.17% currently on the site to 10.6%. The entire site will be re-graded to assist the storm water design for the site. The re-grading will create a higher elevation at the site's northern edge to direct surface flow toward the southern perimeter of the site. Along the southern perimeter, facing C Street, water quality requirements for the site will be satisfied with an elaborate vegetated Swale. The landscape design incorporates a combination of plantings, boulders, cobble rock, and fescue grasses. This will further allow the achievement of a contemporary project design that is sustainable and responsive to its sunoundings. While no new vehicular access points are proposed to the site, existing access points will be consolidated and relocated to enhance traffic and vehiculaz circulation patterns. New signage is proposed which will incorporate the City name and logo, thus providing a "Gateway" entrance to the City. Signage will also highlight the relocated northernmost driveway as the main entrance into the site, with the anticipation that this new driveway location will alleviate congestion by shifting traffic further south, away from Brisbane Street. The drive aisle will be lined with Target architectural elements, store mazkings and appropriate signage to direct traffic to this driveway. 16-3 Meeting Date: 07/14/09 Page 4 Project Data The following table summarizes the development standazds of the C-C zone and the proposed exceptions requested through the Precise Plan. Specifically, the applicant is requesting 1) a reduction in pazking; and 2) modification to the allowed Signage. All other development standazds of the C-C zone would be met. REQLIIRED PRECISE PLAN (PROPOSED) Parking Required per CVMC: Proposed Parking Required: 138,144 sf (Retail 117,261 @ 1 per 200 sf = Standazd = 514 587; Compact = 20 Storage 20,883 @ 1 per 1,000 sf = 21) Total 534 Total required = 608 Freestanding Signage Freestanding Signage Allowed Number of signs: Number of signs: One sign per each street frontage for sites of 5 A total of 3 freestanding signs consisting of 1 acres or lazger = 2 freestanding signs pylon and 2 monument signs Maximum hei hght of pylon sign Maximum hei t of pylon sign 30 feet 30 feet Maximum height of monument signs: Maximum height of monument signs: 8 feet (southern) 8 feet 12 feet (northern) Maximum sign azea of monument signs Maximum sign azea ofmonument signs 50 squaze feet 70 squaze feet (northem) 50 squaze feet (southern) Minimum distance between freestanding sigma Minimum distance between nylon and 500 feet monument sign 265 feet 16-4 Meeting Date: 07/14/09 Page 5 ANALYSIS: The project has been evaluated in accordance with the goals and objectives of the Chula Vista General Plan, the Zoning Ordinance and the City's Landscape and Design Manuals. Precise Plan Modi inQ District In order to establish flexible development standards, a Precise Plan Modifying District is being requested. The precise plan would address the unique chazacteristics of the property in relationship to its surrounding area and allow a project that is compatible with contemporary development standards. The "P" Precise Plan Modifying District ("P-modifier") Section 19.56.040 states that the purpose of the P-modifier is "to allow diversification .in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specific conditions of approval .... " It is further provided in Section 19.56.044 that "exceptions to the code requirements of the underlying zone may be granted by the city council; provided, that these exceptions are so noted in the public hearing notice and fndings are made as specifzed in CVMC 19.14.570. Section 19.56.041 sets forth the circumstances under which the "P" modifier may be established for a pazcel. Specifically, Section 19.56.041 describes four circumstances, at least one of which must be present, in order to consider the approval of a P-modifier. Section 19.56.041(a) is applicable to the site and states the following: (a) The subject property, or the neighborhood or area in which the property is located, is unique by virtue of topography, geological characteristics, access, configuration, traffic circulation or some social or historical situation. requiring special handling of the development on a precise plan basis. The site is unique in that the Chula Vista General Plan identifies the project site as one of only five existing "Primary Gateways" into northwest Chula Vista. The General Plan places an emphasis on enhanced features and high quality architecture design. The proposed redevelopment of the site, including upgrades and enhancements to building design, circulation and landscaping which will, thereby, promote the goals and polices of the General Plan regazding Primary Gateway locations. The proposed requested reduction in pazking will reduce the area devoted to asphalt and allow for additional pazking lot landscaping. Specific General Plan polices which will be achieved by the proposed redevelopment include the following: • Policy LUT 8.8 "encourage the upgrading, beautifcation, and revitalization of existing strip commercial areas and shopping center. The existing older commercial center will be razed, the site re-graded, and an 16-5 Meeting Date: 07/14/09 Page 6 upgraded modem commercial center designed with principles of sustainability will be constructed, • Policy LUT 9.1 "create consistent entry features for City entryways and gateways so people recognize that they are entering Chula Vista". The requested precise plan allowance for an additional monument sign which exceeds the height limit specified by the CVMC, will allow both the City name and logo to be added to the sign face, thus providing a "Gateway" entry into the City. This additional design element was required by the Design Review Boazd; • Policy LUT 11.2 'promote and place high priority on quality architecture, landscape, and site design to enhance the image of Chula vista, and create a vital and attractive environment for businesses, residents and visitors ". The project will feature a contemporary design with a series of features including vertical and horizontal plane articulations and variation in building materials which result in ahigh-quality design. The proposed enhanced modernized design has been described the City's Design Review Board as an example of "excellent design." A unique circulation pattern presently exists on the site that necessitates special treatment through the establishment of a precise plan designation. The site is bordered on the north by Brisbane Street which demazcates the border between Chula Vista and National City. This is a heavily used roadway with multiple vehicle conflict points, that serves as a primary driveway to the existing Tazget store. In order to re-direct vehicles off Brisbane Street and improve the on-site circulation pattern, a primary driveway for the site will be constructed near Brisbane Street that will be mazked by a lazge monument sign. Regulatory flexibility with regazd to pazking and signage is needed in order to establish an on-site circulation pattern that is both efficient and safe. Parking The requested Rezone is to add a Precise Plan Modifying District to the existing CC zoning designation. This in turn, will allow a precise plan to be approved which is site specific and which will allow for the establishment of a parking standazd which is different from the commercial standazd 5 spaces per 1,000 square-foot ratio required by the CVMC. The reduction of 74 spaces from the 608 spaces required per the CVMC -will allow for a reduction in amount of required impervious azea thereby improving storm water filtration and providing for additional landscape azea. This pazking reduction will further the goals and policies of the General Plan regarding "Gateway" locations by helping achieve the contemporary project design of both the building and site layout. As designed the project will full comply with NPDES requirements. Public transit is also available with an existing bus stop along the North Forth 16-6 Meeting Date: 07/14/09 Page 7 Avenue street frontage. Buses generally run every 15 minutes along North Fourth Avenue with an existing bus stop along the street frontage. Parking reduction is also offset by this availability of public transit. The existing Target facility contains 474 pazking spaces which, based upon the existing size of the building, results in an existing parking ratio of 4 spaces per 1,000 squaze-feet. Taking into account the difference in building size, this ratio is similaz to the applicant's proposed pazking ratio of 3.87 spaces per 1,000 square-feet. Both of these ratios are less than that currently required by the Chula Vista Municipal Code (CVMC). The pazking standazd required by the CVMC is a generic requirement for retaiUcommercial establishments and is not necessarily representative of the unique characteristics of an individual retail chain. Different retailers have different shopper characteristics. The merchandising and demographics of one store may yield frequent customer visits with lower sales per visit. The same size building operated by a different retailer may see fewer total customers but have higher sales per visit. The proposed reduction in pazking is supported by a Pazking Assessment study titled "Updated Parking Assessment for Target Store Chula Vista (North), California" prepared for the project by KHA on January 22, 2009 (see Attachment 5). This analysis provides a refinement of the standard parking ratio required by the CVMC and is based largely upon a national parking. study prepared by Tazget. This study assessed actual parking usage for 80 Target stores at locations throughout the country, including stores in California. The study concluded that the parking requirement for a prototypical Tazget store, like the one being proposed for Chula Vista, requires roughly 505 pazking spaces, or a ratio of 3.6 spaces per 1,000 squaze-feet. In order to further validate the proposed pazking ratio, an on-site parking count was conducted by KHA on December 2Q 2008, at the existing Tazget Store on-site. This date was selected since it was the last weekend before Christmas and typically the busiest shopping day of the year. The peak parking demand was 258 occupied pazking spaces. This generates a ratio of 2.46 spaces per 1,000 squaze-feet. The requested reduction in parking will allow pazking to be more consistent with actual demand level. Signage Section 19.60.540 of the CVMC states that comer pazcels containing five acres or more shall be allowed one freestanding sign on each street frontage on a major or collector street and shall be spaced at intervals of not less than 500 feet apart. It further states that said signs are not to exceed a maximum of 30 feet in height. The site currently contains two pylon signs, one along North Fourth Avenue and the other along "C" Street. These two signs maintain a height of approximately 25 feet.: Section 19.60.540 of the CVMC states that low-profile ground signs may be used in lieu of a freestanding pole sign subject to more restrictive size allowances. Said signs aze allowed a maximum height of 8 feet. Because the site is located within a "Primazy Gateway" of the City, the D12B requested that the applicant provide both the City name and City logo on the 16-7 Meeting Date: 07/14/09 Page 8 northernmost monument sign, even though this will require a height above the maximum eight feet allowed per the CVMC. Number and spacing of signs The applicant proposes a total of three freestanding signs (one pylon blade and two ground- mounted) all of which will be placed along the North Fourth Avenue frontage. The two monument signs will be located at the northem and southern edge of the frontage (at the corner of North Fourth Avenue and "C" Street), with the pylon sign to be located in-between, neaz the location of the existing pylon sign along North Fourth Avenue, at the main driveway. Because all three signs will be placed along a single frontage, the distance separating each sign will be less than the 500 foot distance required per the CVMC. The proposed monument signs will be placed at key locations both to incorporate "Primary Gateway" signage as well as mazk the main driveway entrances to the site. The northernmost monument sign will be located at the site's north driveway, which is one of the primary entrances into the site. This driveway has been situated to attract primary vehiculaz traffic and relieve congestion off of Brisbane Street. The northern sign will incorporate both the City name and logo onto the sign face. Height and azea of signs With the exception of the proposed northenunost monument sign, the proposed sign heights and sign areas will be within the maximum allowed by the CVMC. The northem monument sign would be 12 feet high, which exceeds the 8-foot maximum allowable. In addition, the azea of the northern sign would be approximately 70 sq. ft. which exceeds the 50 sq. ft. maximum (see Attachment 3). The primary reason for this additional height and sign azea is to allow the applicant the necessary space to include both the City name and City logo. It should be noted that . at the DRB hearing of June 1, 2009, the applicant proposed a sign containing only the City name, and a sign height of 10 feet. The DRB conditioned the project to allow additional flexibility to the sign height in order for it to also include the City logo. The request for height and sign area exceptions would facilitate implementation of General Plan Policy LUT 9.1 which is to "create consistent entry features for City entryways and gateways so people recognize that they are entering Chula Vista." DECISION-MAKER CONFLICTS: 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 subject to this action. CURRENT FISCAL YEAR IMPACT: The applicant has paid all costs associated with processing of the proposed rezone. 16-8 Meeting Date: 07/14/09 Page 9 ONGOING FISCAL YEAR IMPACT: All expanded landscaping and enhanced signage on-site will be maintained by Target. No additional costs aze anticipated as a result of this action. Target anticipates a 20% increase in overall sales volume, resulting in increased sales tax revenue for the City. Attachments 1 Locator 2 Planning Commission Resolution 3 Figures 4 Section 19.60.540 and 19.62.050 of Chula Vista Municipal Code 5 Chula Vista General Plan: Objectives and Policies regarding "Gateways" 6 Pazking Study 7 Mitigated Negative Declazation IS 09-009 8 6wnership Disclosure Form Prepazed by: Jeff Steichen, Associate Planner, Development Services Department J:\planning\Targe[Rezone.doc 16-9 ATTACHMENT 1 LOCATOR 16-10 .• ~: Retail Commercial OfNd~l;°:~'sd~~• ~ IP ~~ l\ r • i~ __.. .. PROJECT LOCATION iii ~'~w. CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT APPLICANT. Target PROJECT 40 N. Fourth Ave ADDRESS: ATTACHMENT 1 NORTH SCALE: No Scale FILE NUMBER: PCZ-09-02 In-ll ATTACHMENT 2 PLANNING COMMISSION RESOLUTION is-i2 RESOLUTION NO. PCZ 09-02 A RESOLUTION OF THE PLANNING COMMISSION of the CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL 1) ADOPT MITIGATED NEGATNE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-09-009 AND 2) APPROVE A REZONE TO ESTABLISH A PRECISE PLAN MODIFYING DISTRICT FOR EXCEPTIONS TO PARKING AND SIGN STANDARDS PERMITTED IN THE CENTRAL COMMERCIAL ZONE FORA 9.9 ACRE SITE LOCATED AT 40 NORTH FOURTH AVENUE WHEREAS, a duly verified application for a Rezone was filed with the City of Chula Vista Development Services Department on November 12, 2008 by Target Inc. ("Applicant"); and WHEREAS, the application requests approval of a Rezone (PCZ-09-02) to establish the Precise Plan Modifying District and adopt Precise Plan Standazds ("Project") for 3.9 acres located at the northwest comer of North Fourth Avenue and "C" Street ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-09-009, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-09-009; and WHEREAS, the Development Services Director set the time and place for a hearing on said Rezone and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 24, 2009 at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommend that the City Council adopt the Mitigated Negative Declazation and Mitigation Monitoring and Reporting Program IS-09-009 and Draft City Council Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. 16-13 Planning Commission Resolution - PCZ 09-02 Page 2 BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24`h day of June, 2009, by the following vote, to- wit: AYES: Spethman, Moctezuma, Clayton, Vinson, Thompson NOES: ABSENT: Tripp, Felber ABSTAIN: ATTEST: Diana Vazgas, Secretary Presented by: Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director William C. Tripp, Chair Approved as to form by: Bart Miesfeld City Attorney 16-14 ATTACHMENT 3 FIGURES 16-15 R3 R1 IL CCP R3 i Gh~~a G~~y IL Exi~tin~ Zone 1 CC cc R3GD ~a R3 40 N. Fourth Ave; Existing Zone "CC" ~~i NORTH R1 IL R3 ~"" G~ty GhV~a ~ -- rrvpus~ ZOI1~ CCP IL (,'(~,~ CC R3GD ~~~ z R3 .~ R3 i yL \~~ ~~ m ~~ ~~tri 40 N. Fourth Ave; Proposed Zone "CCP" E E PROJCT SRE PRO.£CTI -C R ION PROJECT TEAM: O NERNEVELOPER CNILENGINEER ' ARCHITECT 1A SCAEE ARCHITECT ew.mr.rvn.uxw SURVEYOR RR LEGAL DDEESCRIPTIM IT- RSSESEOR'S PARCEL NUMBER(APN SITE PLAN FOR TARGET O TARGET 2629 -CHULA VISTA (NORTH) LOCATEDIN CHULA VISTA, CALIFORNIA 1F-, pi VICINNTVMPP UEGEND wn�c.FUen..ra. o..mn n 0 0 e i i id i9ida£ 11 Tit SHEETINOE% ZF r� f W SITE OAg �w W maven. ouna..nu...,. 0 u+rwrvru¢.uean ma,mo rtonan =^ Q Z Z 6 u v 5 ue!sn: n Q N U n e a C7 a" r C -1 00 I r 16-19 PR~~p.iDR: ~c~C~~"" NORTH a ioo zoo SCNIE FEET ,~~~~~~ TARGET 138,144 SF g~•'~. - i / ~ ~. / ~, ~ / 0 ~ . 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XCxlti~V.xba5ifiV lnt~t~lFt S61 LF~~ 8F tOrftTECEYEtl H'.N14 652 SIGN SCHEDULE grN'b£E ~ ER6X Y6N If IORt RF-UIREL Stt:N TVF YOINMENi XIGX i1JONl RE9UYfR slcx lFFt Yonxxfxrsmn eF)6xE RFWIRF6 sluN lvx urexusErF SSE•ffnERn EEIONE RERUIRFR SIBU AFF~p'~~~YY iP EXMMRLY IEFTFXS XT.} IL76Ne RFUUMEU SEEN rI'?E x:r EUUSerE pixYF RE-URIFR c~En lsv2 FmexafsfrE 111 EXF PEUIIRiE6 ,; l +~ N i ra r ~.-"' ~ _,.--"'` PLOT PLAN N.LS. ., 1xrrzrar T2829 RM 1 ~~ I °~ I FEDERAL ..:~.n La~~m-sm 1m6tJN v R..ISwnauRieXUMlyN~cn+JM If,I.nM «o~: an80YC HIPPENSTEIL bXN,.muN_23-89479-G9 0 ~u-+>~tafrR .ar:orRS SANDR4 RAUIRFZ ~ a:Re: li~8a)8 1 ~ F+a ei f.%ss-minu'+IC Ham^ Ss M.am ~ rgK n.:~,xr!: - ;YMdT wrlt.oul t ~I^.n SIGN C4MPA NY aw.~..n wew=m,~an rm.roa ,,,,,,. ,~,v.,,, ,, ,,, ,,,,,,~.,., ...<. .... .... p,,,~N. JCHNC RCBfAGE KYJC NCflTH 4TH 0.VE .R':y:° ia9 i a:. S~y~ ~ wwwfee..cu+ea)n.com .~ ,iP„).~ in,« wnw- n.v.. [NSxrS~n•.V!>are .. u+^+:^^ "'>"< .: .. ~~.,.:e: ® : ~YL GHULA YISTA NORSH 60. c c y.. slc v :rs o~y~Nw~a,•.23~89479-COfli f 1ReXnuanELRX TOMN.. sL J56>s eumm~g 5>vEnly synese SincelEOl IurA5za M4+r'mvax:__....,..~.~...,_..- ._. -"•"..-_-`• .. ... ..... l.wxen..r mrrtam~.c ar-+. errg pi51.RiMls Ya%iM-s2N ru ylll FSfloJ) 16-28 ATTACHMENT 4 SECTION 19.60.540 AND 19.62.050 CHULA VISTA MUNICIPAL CODE is-2s 19.60.540 Each establishment shall be allowed signs fac- ing on-site parking aeeas for 5ve cazs or more and walkways 10 feet in width. Such signs may contain a sign area ofone-half squaze foot per lineal foot of building frontage. The maximum sign azea shall not exceed 20 squaze feet per establishment. B. Freestanding (Pole). A freestanding pole sign shall be subject to the following: 1. Each neighborhood shopping center or shopping complex consisting of one pazcel or con- tiguous pazcels shall be allowed one freestanding pole sign (in existing developed shopping centers a freestanding service station sign shall be allowed to remain and will not be included in determining the total number of signs allowed); 2. Signs aze restricted to those lots having a minimum frontage of 100 feet on a dedicated street. In the case of comer lots, only one frontage shall be counted; 3. Maximum height, 25 feet; 4. Maximum sign azea, 100 squaze feet; 5. Minimum ground cleazance, eight feet; 6. The sign may project a maximum of five feet into the public right-of--way; 7. The sign shall maintain a 10-foot setback from all interior property lines; 8. Freestanding pole signs less than eight feet in height aze restricted to a maximum sign area of 12 squaze feet and shall maintain a minimum setback of five feet from all streets; 9. Commercial messages on pole signs in the C-N zone may identify only the name of the shop- ping center or complex and tenants therein. C. Ground (Monument). Alow-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: 1. Maximum height, eight feet; 2. Maximum sign azea, 50 square feet; 3. The sign shall maintain a minimum set- back of five feet from all streets and 10 feet from all interior property lines; 4. The sign stmcture shall be designed to be architecturally compatible with the main building and constructed with the same or similaz materials. D. Signs on Screening Walls or Fences. In lieu of a freestanding sign, a sign may be applied to a wall or fence used for screening of pazking areas. The sign shall be subject to the following: 1. The sign may only denote the name of the principal establishment or the name of the com- mercialcomplex; 2. Maximum sign azea, 25 squaze feet. E. The design review committee may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. (Ord. 2924 § 2, 2003). 19.60.540 Central commercial (C-C) zone. The following signs aze allowed in C-C zones: A. Wall and/or Mazquee. Each establishment shall be allowed a combined sign azea of one square foot per lineal foot of building frontage fac- ing adedicated street or alley; however, the sign area may be increased to a maximum of three squaze feet per lineal foot ofbuilding frontage; pro- vided, the sign does not exceed 50 percent of the background azea on which the sign is applied, mounted or displayed. Each establishment shall also be allowed signs facing on-site pazking aeeas for five cazs or more and walkways 10 feet or more in width. Such signs may contain an azea of one squaze foot per lineal foot ofbuilding frontage facing said area; however, the area may be increased to two square feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background azea on which the sign is applied, mounted or displayed. The maximum sign azea shall not exceed 100 squaze feet. B. Freestanding (Pole). Each lot shall be allowed one freestanding sign subject to the fol- lowing: I. Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated street. In the case of comer lots or through lots, only one frontage shall be counted; 2. The sign may contain one squaze foot of azea for each lineal foot of street frontage but shall not exceed 150 squaze feet. In the case of comer lots or through lots, only the frontage the sign is oriented to shall be counted towazd the allowable sign area; 3. Maximum height, 35 feet; 4. Minimum ground clearance, eight feet; 5. The sign may project a maximum of five feet into the public right-of--way; 6. The sign shall maintain a 10-foot setback from all interior property lines; 7. Comer parcels containing five acres or more shall be allowed one freestanding sign on each street frontage on a major or collector street and shall be spaced at intervals of not less than 500 feet apart. Such signs shall not face the side of any adjoining lot in an R district; (Revised 1/04) 19-172 16-30 Chula Vista Municipal Code 8. Commercial messages on pole signs in the C-C zone may identify only the name of the shop- ping center or complex and tenants therein; 9. Freestanding pole signs less than eight feet in height aze restricted to a maximum sign azea of 15 squaze feet and shall maintain a minimum setback of five feet from all streets. C. Ground (Monument). Alow-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: 1. Maximum height, eight feet; 2. Maximum sign azea, 50 squaze feet; 3. The sign shall maintain a minimum set- back of five feet from all streets and 10 feet from all interior property lines; 4. The sign structure shall be designed to be azchitecturally compatible with the main building and constructed with the same or similaz materials. D. Signs on Screening Walls or Fences. In lieu of a freestanding sign, a sign may be applied to a wall or fence used for screening of parking azeas. The sign shall be subject to the following: 1. The sign may only denote the name of the principal business or the name of the commercial complex; 2. Maximum sign azea, 25 squaze feet. E. The design review committee may reduce sign azeas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. (Ord. 2924 § 2, 2003). 19.60.550 Visitor commercial (C-V) zone. The following signs are allowed in C-V zones: A. Wall and/or Mazquee. Each establishment shall be allowed a combined sign azea of one squaze foot per lineal foot of building frontage fac- ing adedicated street or alley; however, the sign azea may be increased to a maximum of three squaze feet per lineal foot ofbuilding frontage; pro- vided, the sign does not exceed 50 percent of the background azea on which the sign is applied. Each establishment shall also be allowed signs facing on-site pazking azeas for five cars or more and walkways 10 feet or more in width. Such signs may contain an azea of one squaze foot per lineal foot ofbuilding frontage facing said azea; however, the azea may be increased to two squaze feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background azea on which the sign is applied, mounted or displayed. The maximum sign azea shall not exceed 100 squaze feet. 19.60.550 B. Freestanding (Pole). Each lot shall be allowed one freestanding sign subject to the fol- lowing: 1. Signs aze restricted to those lots having a minimum frontage of 100 feet on a dedicated street. In the case of comer lots or through lots, only one frontage shall be counted; 2. The sign may contain one squaze foot of area for each lineal foot of street frontage but shall not exceed 150 squaze feet. 1n the case of comer lots or through lots, only the frontage the sign is oriented to shall be counted towazd the allowable sign azea; 3. Maximum height, 35 feet; 4. Minimum ground cleazance, eight feet; 5. The sign may project a maximum of five feet into the public right-of--way; 6. The sign shall maintain a 10-foot setback from all interior property lines; 7. Comer pazcels containing five acres or more shall be allowed one freestanding sign on each street frontage on a major or collector street and shall be spaced at intervals of not less than 500 feet apart. Such signs shall not face the side of any adjoining lot in an R district; 8. Commercial messages on pole signs in the C-V zone may identify only the name of the shop- ping center or complex and tenants therein; 9. Freestanding pole signs less than eight feet in height are restricted to a maximum sign area of IS squaze feet and shall maintain a minimum setback of five feet from all streets. C. Ground (Monument). Alow-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: 1. Maximum height, eight feet; 2. Maximum sign azea, 50 squaze feet; 3. The sign shall maintain a minimum set- back of five feet from all streets and 10 feet from all interior property lines; 4. The sign stmcture shall be designed to be architecturally compatible with the main building and constructed with the same or similaz materials. D. Signs on Screening Walls or Fences. In lieu of a freestanding sign, a sign may be applied to a wall or fence used for screening of pazking azeas. The sign shall be subject to the following: 1. The sign may only denote the name of the principal establishment or the name of the com- mercial complex; 2. Maximum sign azea, 25 squaze feet. E. The design review committee may reduce sign azeas below those authorized based on the sign guidelines and criteria contained in the design 19-173 16-31 (Revised 1/04) 19.62.050 vided on the premises may be provided on other property not more than 200 feet distant by publicly available pedestrian access from said use, structure or building, subject to a binding agreement with the city as fo permanent reservation of said space and access thereto; or if the proposed nonresidential use lies within the boundary of a parking district, off-street parking requirements shall be considered to be met; provided, that any developer of a new commercial building within a pazking district, or a developer of a commercial addition to an existing building therein, shall pay the required fee(s). (Ord. 2506 § 1, 1992; Ord. 1894 § 1, 1980; Ord. 1212 § 1, 1969; prior code § 33.801(D)). 19.62.050 Number of spaces required for designated uses. In the case of any building, structure or pre- mises, the use of which is not specifically men- tioned herein, or in the opinion of the approving authority is not similaz to any use found herein, the approving authority may apply a ratio based on a similaz existing use not found herein. In computing parking requirements, a resultant fractional space of one-half shall count as a full space. The number of off-street pazking spaces required shall be as set forth in the following: Businesses or Use and Number of Spaces Required 1. Auctions (See CVMC 19.04.015 and 19.58.055): At the time of application for a conditional use permit, the applicant shall submit pazking informa- tionjustifying the amount of parking proposed to be provided and the parking ratio. The information must consist of data upon which the approving authority can reasonably base a determination of adequacy, such as expected patronage or a compaz- ison with the patronage of similaz uses. Said pazk- ing ratio shall range from one space for each 50 square feet of net usable lot azea to one space For each 4,000 squaze feet of net usable lot area. Note: For purposes of this subsection, "net usable lot azea" means the area of the pazcel exclu- sive of setbacks, slopes, easements, required right- of-way dedications or -other constraints which would preclude use of the land. If complaints aze filed with the city regarding impacts related to off- site parking, the project shall be modified to add additional pazking for employees and customers, and/or by reducing the auction and/or storage area, subject to the review and approval of the director of planning and city engineer. Failure to resolve such off-site public pazking problems by the owner of the property constitutes grounds for revocation of the conditional use permit. 2. Automobile sales facilities, new or used (see CVMC 19.58.070): One for each 400 square feet of gross floor area, or one-tenth of the maximum car storage capacity, whichever is greater. 3. Automobile repair and service garages: One for each 400 squaze feet of floor area. 4. Banks and savings and loans: One for each 200 squaze feet of floor azea; minimum of five. 5. Bowling alleys: Five for each alley. 6. Business and professional offices: One for each 300 square feet of gross floor azea; minimum of four. 7. Caz wash (coin-operated), self-service or attendant-operated: Three for each stall, plus one for each employee. 8. Children's homes: One for each four beds, plus one for each employee. 9. Churches and private schools: One for each three and one-half seats in an auditorium or one for each 17 classroom seats, whichever is greater. 10. Dancehalls and assembly halls without fixed seats, and exhibition halls, except church assembly rooms in conjunction with auditoriums, nonprofit clubs and lodges: One for each 50 squaze feet of floor azea used for assembly or dancing. 11. Dwellings, single-family, duplex: Two for each family or dwelling unit; both spaces shall be in a gazage with a minimum area of 400 squaze feet (see Chapter 19.22 CVMC for remodeling of gazages). 12. Dwellings, townhouses: Two for each dwelling unit; both spaces shall be in a gazage or carport, a minimum area of 400 square feet. 13. Dwellings, multiple: One and one-half per unit for each studio or one-bedroom apartment. Two per unit for each two-bedroom apart- ment. Two per unit for each three-bedroom or lazger apartment.* *For every 10 parking spaces required, one of this total may be a "compact" space. 19-176 16-32 Chula Vista Municipal Code Note: No pazking space shall be located within 20 feet of any curb return of intersection streets, or eight feet of any side property line, unless approved by the city traffic engineer. 14. Funeral homes and mortuaries: One for each four seats of the aggregate num- ber of seats provided in all assembly rooms of the mortuary. 15. Furniture and appliance stores, and house- hold equipment or fumihue repair shops: One for each 600 squaze feet of floor azea. 16. Hospitals: One and one-half for each bed. 17. Nursing homes and convalescent hospitals and homes for aged: One for each three beds. 18. Houseboats: See dwellings, subsection (11) ofthis section. 19. Hotels, motels, motor hotels: One space for each living or sleeping unit, plus one space for every 25 rooms or portion thereof to be provided on the same lot as use. 20. Machinery sales and service gazages: One for each 400 squaze feet of floor azea. 21. Manufacturing plants, reseazch or testing laboratories, and bottling plants: One for each one and one-half persons employed at any one time in the normal operation of the plant or one for each 800 squaze feet, which- ever is greater. 22. Medical and dental clinics or offices: One for each 200 squaze feet of gross floor azea; minimum of five. 23. Mobilehome pazks: Two spaces on each pad, one-third guest space per mobilehome located within 400 feet of the farthest unit, and at the community center, one space for each five pads up to 50 pads and one space for each 10 pads thereafter. 24. Restaurants, bars and night clubs: One for each two and one-half permanent seats, excluding any dance floor or assembly azea without fixed seats which shall be calculated sepa- rately as one space per 50 squaze feet of floor azea. 25. Restaurants -Drive-in, take-out, snack stands: 15 spaces (minimum). 26. Retail stores, shops, etc., except as provided for furniture stores, in subsection (IS) of this sec- tion: One for each 200 square feet of floor space. 27. Rooming and lodging houses: One for each bedroom. 19-177 19.62.080 28. Schools: Elementary -one per teacher or employee, plus five spaces. Junior high -one per teacher or employee, plus five spaces. High -one per four students. 29. Sports azenas, auditoriums, theaters, assem- bly halls and meeting rooms: One for each three and one-half seats of max- imum seating capacity. 30. Wholesale establishments, wazehouses, ser- vice and maintenance centers, and communication equipment buildings: One for each one and one-half persons employed at one time in the normal operation of the establishment, or one for each 1,000 squaze feet, whichever is greater. (Ord. 2584 § 7, 1994; Ord. 2132 § 1, 1985; Ord. 1856 § 1, 1979; Ord. 1531 § 2, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.801(E)). 19.62.060 Parking areas-Development and maintenance generally. Every pazcel of land hereafter used as apublic or private pazking azea, including a commercial pazk- ing lot and also an automobile, farm equipment, or other open-air sales lot, shall be developed and maintained in accordance with the requirements set forth in CVMC 19.62.070 through 19.62.120. (Ord. 1212 § 1, 1969; prior code § 33.801(F)). 19.62.070 Parking areas -Curbing required when -Specifications. Off-street pazking azeas for more than three vehicles shall be provided with a suitable concrete curb or horizontal timber barrier not less than six inches in height, located not less than two feet from any street walkway or alley right-of--way line. All curbs or barriers shall be permanently anchored in a manner satisfactory to the duector of public works, to confine vehicles entirely within said pre- mises, except in those cases where a wall is pro- vided on the boundaries of the premises which, in the opinion of the zoning administrator, is of such construction as to suitably protect the adjoining property. (Ord. 1212 § 1, 1969; prior code § 33.801 (F)(1))~ 19.62.080 Parking areas-Screening requirements. Off-street pazking azeas for more than five vehi- cles shall be effectively screened by a 10-foot-wide landscaped strip and a masonry wall or fence of acceptable design. Such wall or fence shall be not 16-33 ATTACHMENT 5 CHULA VISTA GENERAL PLAN: OBJECTIVES AND POLICIES REGARDING "GATEWAYS" 16-34 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Policies LUT 9.1 Create consistent entry features for City entryways and gateways so people recognize that they are entering Chula Vista. LUT 9.2 The City will prepare, or cause to have prepared, entryway/gateway master plans for each of the identified entryways/gateway within the City to appropriately guide development within these areas (see LUT Section 3.2 and Figure 5-6). These master plans will provide design guidelines and standards for public improvements, as well as for private or public development within these designated areas. Examples may include: enhanced pavement and/or sidewalk standards; enhanced landscape standards; thematic sign standards; and special architectural standards for buildings or other structures. The City will prepare a General Plan Implementation Program to assure establishment of these gateway master plans, and it will include interim provisions for the processing of any projects within these areas prior to completion and adoption of the according entryway/gateway master plan. LUT 9.3 As part of the approval process for projects within designated City entryway/gateway areas, the City shall confirm that the design conforms to applicable entryway/gateway design guidelines and standards. LUT 9.4 Cooperate with Caltrans to improve freeway landscaping, especially at on- and off-ramps and at freeway interchanges. LUT 9.5 Establish a pedestrian paseo along F Street (F Street Promenade) that will link downtown with the Interstate 5 Corridor District and the Bayfront Planning Area. ~ll1p Page LUf--101 ATTACHMENT 6 PARKING STUDY 16-36 f-i ~~~ Kimley-Horn and Associates, Inc. 141emorandum 4m~. ~L~~ !AN 23 2GG9 P~~;;`lli~~_ To: Jeff Steichen Associate Planner City of Chula Vista From: Jennifer Harry, PE Copy: Laurie T. Jones Target Corporation Date: November 5, 2008 Revised: January 22, 2009 Subject: Updated Parking Assessment for Tazget Store Chula Vista (North), California ^ Suite 600 401 B SVeet San Diego, California sz1o1 Kimley-Horn and Associates, Inc., performed a parking assessment for the proposed Target Store in Chula Vista, CA. The proposed project consists of replacing an existing Tazget Store and two stand alone buildings with a new Target store. The new store will be approximately 138,144 square feet in size. Historically, retailers and communities calculated pazking demand based on the size of the proposed building. Tazget recently completed a study of 80 stores across the country and found that store sales was a much more accurate metric than building size. This is logical when one considers that different retailers and types of retailers have different shopper chazacteristics. The merchandising and demographics of one store may yield frequent customer visits with a lower sales per visit. The same size building operated by a different retailer may see less total customers but have higher sales per visit. Based on this national pazking study and this new metric, Tazget developed a formula to calculate actual pazking demand based on several factors including proprietary store sales data. This proprietary parking study and research done by Tazget Corporaton on the peak pazking requirements and usage at its existing stores provides adequate pazking to meet holiday shopping needs without overbuilding. It is an effort to "right size" the pazking to reduce the overall environmental impact of its stores as part of its ongoing commitment to sustainability. By not overbuilding the parking, reductions can be made in storm water impacts and additional azea that might otherwise be paved can be used for TEL 619 234 9411 ~ 6-3~ FAX 619 234 9433 ® Kimley-Horn ~ and Associates, Inc. landscaping or other amenities. It is not in the best interest of Tazget, communities or area residents to have parking stalls built that will likely never be used. As a retailer, Tazget would also never want to provide less pazking than required which would discourage customer visits. The attached Power Point presentation is a summary of the pazking counts and research done by Tazget. Tazget surveyed pazking usage at 80 stores at locations throughout the country, including stores in California, such as Palmdale and Santa Rosa. Those counts were done at the peak Christmas shopping season at the average 8'~ busiest hour of the yeaz. That reseazch has found that the pazking requirement for a prototypical store, like the one being proposed for Chula Vista, requires approximately 500 pazking spaces. It is important to note that because there is an existing and neazly identical Tazget store on this site, Target is able to predict the sales of the new store with a high degree of certainty. Tazget has developed the following formula relating the true parking requirement to the annual sales (in $million), as follows: Pazking spaces = (6 x Sei years sales in $million) + 200 The proposed store in Chula Vista is expected to have annual sales of $40-50 million by the fifth yeaz of operation, which translates into an estimated pazking requirement of 500 spaces. Pazking spaces = (6 x 50) +200= 500 In conclusion, the 534 parking spaces being provided will more than meet Tazget's expected peak holiday requirements. January 22, 2009 Update: At the request of City staff, a pazking demand count was performed on December 20, 2008 from 9:00 AM to 6:00 PM at the existing store to validate the pazking ratio based on the building square footage. This day was selected since the last weekend before December 25`s is historically the 8a' busiest hour for Tazget. As shown on the attached pazking demand worksheet, the peak pazking demand was 258 occupied pazking spaces. This generates a ratio of +/- 2.46 (existing building +/- 104,783 SF), much less than the City's required ratio of 5.0. If you have any questions or concerns, please feel free to contact me. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Jennif C62918, Exp 6/30/2010 Attachments: Tazget Pazking Needs Assessment (November 2008) December 20, 200 bPazl~i$g Demand Worksheet Target-2529 Parking Demand Worksheet Time Car ADA Motorcycle 9:00 AM 94 3 0 10:00 AM 126 6 0 11:00 AM 151 6 0 12:00 PM 208 4 0 1:00 PM 216 ~ 0 2:00 PM 242 10 0 3:00 PM 4:00 PM 249 226 9 7 0 0 5:00 PM 6:00 PM 244 218 9 6 0 0 16-39 ~9 Parkine Demand Worksheet.xls 0 TARGET PARKING NEEDS ASSESSMENT Chula Vista North, CA TARGET. November 2008 • Build a parking supply appropriate to a store's level of business • Evaluate our options for: J j -Fewer spaces when required by land availability or local ordinances -Reduced parking needs at lower volume locations -Expanding stores within site constraints -New possibilities for outlots -Condemnation/land reduction z • Surveyed parking usage volume stores her -80 West Coast, East Coast and Midwest locations -Even mix of urban and suburban @ volume of 40M+ • Implemented during holiday shopping season average 8th busiest hour N -December 2005 & 2006 on Saturday afternoon one week before Christmas r -Counted cars in parking lots once each hour from 1-6PM and matched with corresponding hourly cash register transactions -A car/transaction ratio was created to calculate the 15t" busiest hour and Maximum hour of parking need 3 • Transaction/Parking Supply Measures: -15t" busiest hour is Target MINIMUM parking threshold and is exceeded 2 or 3 weekends before Christmas J ~A7 _gtn busiest hour is Target BRAND parking threshold such that a guest expects and finds a parking stall one week before Christmas -Maximum hour is Target MAXIMUM parking threshold on Dec. 24 at 3PM (typical) and approximately 5% of Target lots are full * ULI .Design Standard is the 20th busiest hour 4 • Found a strong and statistically valid correlation between store sales and car counts ~, • Results consistent across all store models in .~ both urban and suburban locations • Unique high volume urban locations require site specific consideration s • STANDARD FORMULA Parking Spaces = (6 x 5th FY Sales_$Mil.) + 200 A ~~ URBAN NO-VEHICLE FORMULA (25% or more household units without a vehicle) Parking Spaces = (4 x 5th FY Sales $Mil.) + 250 6 Parking for VOLUME vs SF RATIO Parking Parking Parking • VOLUME 8t" Hr variance Max Hr Variance 6xV+200 40M 331 75 406 34 440 50M 422 48 470 30 500 60M 470 60 530 30 560 70M 512 76 588 32 620 80M 567 80 647 33 680 Parking • SF RATIO P09 S09 5.0/1000 665 925 4.5/ 1000 598 832 4.0/1000 532 740 3.5/ 1000 465 647 POTENTIAL NPV IMPACT OF REDUCED PARKING Store P09 @ 50M Proto site 11 ac. Volume based site 10 ac. Proto Pkg 665 Volume based Pkg 500 NPV Impact J 1.OM .~ J S09 @ 70M 15 ac. 13 ac. 925 620 2.OM Note: Cut NPV impact by 2/3 if land is purchased but not developed s PARKING NEEDS ASSESSMENT J .~ 5th YEAR SALES CALCULATION METHOD 40M or less 4/1000 + Volume based formula 40M to 50M 4/1000 SF ratio 50M or more 4/1000 + Volume based formula 60% of stores are 40M or less 20% of stores are 40M-50M 20% of stores are 50M or more 9 The Target Corporation has executed a parking needs study to identify the parking supply necessary far a store of a specific projected sales volume. The difficulty in communicating this data outside of the Target Corporation is that a key ingredient, the annual store sales volume, is proprietary information. m A CD Bearing that in mind, the extracted store study data below describes nine stores of similar sales volume and the number of cash register transactions with simultaneous parking lot car counts on Saturday afternoon December 17, 2005 at approximately 3:00 PM. The Urban land Institute recommends a design standard of the 20~ highest hour of operation while the data below averages at the 8`h highest hour of operation providing an additional buffer to the proposed parking supply for the Chula Vista North, CA redevelopment. Store Location Cash Re ister Transactions/hr Parkin Car Counts Lombard, II, 576 381 Oswe o, IL 475 306 Palmdale, CA 441 365 Santa Ana, CA 481 340 Ed ewater, NJ 596 417 Linden, NJ 597 322 Ea an, MN 498 305 Glenview, IL 421 334 Wheaton, IL 421 292 Totals avera ed 500 340 The data shows a high of 417 and a low of 292 observed cars in the parking lots yielding an average of 340 occupied spaces. With a proposed parking supply of approximately 553 spaces for the Chula Vista North project, the Target Corporation is prepared to invest in the redevelopment of our existing real estate with the knowledge that our building and site are properly sized for our success. 10 ATTACHMENT 7 MITIGATED NEGATIVE DECLARATION IS 09-009 16-50 i1~li#iga#ad Mega#ive Daclara#ion PROJECT NAME: PROJECT LOCATION: ASSESSOR'S PARCEL NO: PROJECT APPLICANT: CASE NO.: DATE OF DRAFT DOCUMENT DATE OF FINAL DOCUMENT: Target 40 North Fourth Avenue APN # 562-323-13,-38,-39 Tazget Stores, Inc -Laurie T. Jones 1000 Nicollet Mall, TPN 12G Minneapolis, MN 55403 (612) 761-5384 IS-09-009 March 25.2009 May 8.2009 Revisions made to this document subsequent to issuance of the notice of availability of the draft Negative Declazation aze denoted by underline. Back round The proposed project site is located at the northwesterly quadrant of the intersection of North Fourth Avenue and C Street. The 9.9-acre site currently contains an existing Tazget retail building along with two outbuildings (Smog Check, Market). The proposed project will begin with the demoliton of the three existing buildings currently on the site. These include approximately 120,000 s.f. Target retail store, a 4,800 s.f. smog check facility and a 3,500 s.f. mazket. Following demolition of all buildings on-site, a new 138,144 s.f Target retail store will be constructed. In addition to the vehiculaz entrance off the main private drive aisle (western extension of Brisbane Avenue), access will also be provided via two existing thirty-foot driveways off of N. Fourth Avenue and two off of C Street. The entry of the building will be facing North Fourth Avenue with the receiving docks and stock azeas at the north end of the building. Approximately 90% of the site wil] consist of building, pazking lots and other hardscape, with the remainder as landscaping. A. Proiect Settine The 9.9-acre project site is located at 40 North Fourth Avenue, on the northwesterly comer of the intersection between North Fourth Avenue and C Street, within the urbanized area of Eastern Chula Vista, (Exhibit 1- Locator Map). The project is located within a designated Primary Gateway at Fourth Avenue per the Chula Vista General Plan. The project site is currently developed with an existing Target retail building and two outbuildings (Smog Check, Market). Vehiculaz ingress to the site is provided directly off of Fourth Avenue and C Street, as well as a vehiculaz entrance off of the main private drive aisle (western extension of Brisbane Avenue). The area has been previously mass graded to accommodate the existing building and pazking lot improvements of the site. The project is within the Sweetwater Hydrologic Unit (9.00) and the Lower Sweetwater Hydrologic Area (9.10) and the La Nacion Hydrologic Subazea 16151 (9.12). Beneficial uses of groundwater within this subazea include uses for industrial service supply with potential uses for municipa]/domestic supply. The project site indirectly discharges to the neazest water body, San Diego Bay. The land uses immediately surrounding the project site aze as follows: North: South Bay Marketplace/existing retail buildings South: open space/pazk East: Existing retail buildings West: Existing public storage facility B. ProiectDescrinfion The project proposes to demolish three existing structures and to redevelop the site with a 138,144 s.f. Tazget retail building. The existing squaze footage of building space currently developed on site is 128,300 s.f. This existing total consists of the 120,000 s.f. existing Tazget building and two out lot buildings of 3,500 s.f. and 4,800 s.f. respectively. These facilities will be demolished in total. The proposed size of the new Tazget is 138,144 s.f. Therefore the net increase in squaze footage is 9,844 s.f. or an addition of approximately 7.7% in gross building size. An on-site bio-swale treatment area is proposed at the southerly end of the site. Proposed off-site improvements include the widening of North Fourth Avenue in order to accommodate two left rum lanes and one right rum lane at the intersection of North Fourth Avenue and C Street. The proposed widening will begin at the proposed southern access driveway. The three existing right-in /right-out driveways on Fourth Avenue will be consolidated into two right-in /right-out driveways and the side by side entrance /exit driveways at the southwest comer of the site will be consolidated into a single shazed driveway. On-site improvements include parking lot improvements, landscape treatments, retaining and decorafive walls, drainage facility improvements, paved azeas for pazking, landscape treatments, interior lighting and monument signage (see Exhibit 2). A rezone of the project site from CC (Central Commercial) to CCP (Central CommerciaUPrecise Plan) is included in the proposed project and is being processed along with other required entitlements for the proposed project in order to establish a precise plan. The precise plan will establish the required pazking and signage standards for the site. C. Compliance with Zonine and Plans The site is designated CR (Commercial Retail) on the City of Chula Vista General Plan and is zoned CC (Central Commercial). The project proposes a rezone to CCP in order to allow a reduction in the amount of required on-site parking spaces. D. Public Comments On January 9, 2009, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The public review period ended January 19, 2009. No environmental issues were raised.. A Notice of Availability was circulated on April 8.2009. No comments were received. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project may have potential significant environmental impacts, however, mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. This Mitigated Negative Declazation has been prepared in 1652 accordance with Section 15070 of the State of California Environmental Quality Act (CEQA) Guidelines. Air Ouality To assess potential air quality impacts an Air Quality Assessment titled Air Quality Assessment for the Chula Vuta Target Center Project dated Mazch 6, 2009 was prepared by Scientific Resources Associated. This analysis evaluated emissions associated with both construction and operation of the proposed project, as well as projected level of greenhouse gas emissions. Short-Term Construction Activities In terms of constmction impacts, the study concluded that emissions associated with construction are below the significance thresholds for all construction phases and pollutants. Construction of the project would be short term and temporary. Thus, the emissions associated with construction would not result in significant impacts on ambient air quality. Even though not specifically required to mitigate any short-term construction impacts for this project, in order to ensure better air quality, it is standazd City policy to include the City's standard best management practices (BMPs) for construction on grading plans for all discretionary construction projects. Prior to approval of grading permits, these measures shall be placed as notes on all grading plans. The measures shall be implemented during grading to reduce dust and exhaust emissions. See Mitigafion Measure No. 1 These measures aze included as part of the Mitigation Monitoring and Reporting Program. Operational Activities In terms of operational impacts, the study concluded that based on the estimates of the emissions associated with project operations, the net emissions increasing over the existing Target Retail center are below the significance criteria for all pollutants. Because the project was not considered to result in a significant traffic impact, it would not result in CO "hot spots" at intersections within the study azea. Through project design, emission-controlled construction vehicles and efficiency building product, no azea source or operational vehicle emission estimates will exceed the Air Quality significance thresholds, therefore, no operational or long-term mitigation measures are required. GHG Emissions California Assembly Bill 32 was adopted in September 2006. Known as the "California Global Warming Solutions Act of 2006" it requires that by January 1, 2008, the Califomia Air Resources Board (ARB) detemnne what the statewide greenhouse gas (GHG) emissions level was in 1990, and approve a statewide GHG emissions limit that is equivalent to that level, to be achieved by 2020. To date, an un-official estimate has been established. In order to achieve this level, it is estimated that this will require a 15 percent reduction from today's levels and a 30 percent reduction from projected business as usual levels in 2020. SB 97, enacted in 2007, amends the CEQA statue to clearly establish that GHG emissions and the effects of GHG emissions are appropriate subjects for CEQA analysis. It directs Office of Planning and Reseazch (OPR) to develop draft CEQA guidelines "for the mitigation of greenhouse gas emissions or the effects of greenhouse gas emissions" by July 1, 2009 and directs the Resources Agency to certify and adopt CEQA guidelines by January 1, 2010. In the absence of the state thresholds, the CEQA guidelines (Sec 15064b) advises lead agencies to use their own "cazeful judgment based to the extent possible on scientific and factual data" to set significance thresholds, recognizing that an "iron clad defmition of significant effects is not always possible because the significance of an activity may vary with the setting." Thus it has been determined that the proposed project would have a significant impact on or from global warming if it would 1) conflict with or obstruct the goals or strategies of AB 32 or its governing regulations or, 2) 16-3 result in increased exposure of one or more potential adverse effects of global warming identified in AB32. For purposes of the analysis of the Target project, a target of 20% below "business as usual" has been established. This is considered to be an appropriate midpoint between the 2010 and 2020 targets set forth in AB32. The baseline is considered to be "business as usual". "Business as usual", or forecasted emissions, is defined as the emissions that would occur in the absence of AB 32's mandated reductions. The GHG Protocol Corporate Standard provides standards and guidance for companies and other organizations preparing a GHG emissions inventory. This protocol divides GHG emissions into three scopes ranging from GHGs produced directly by the business to more indirect sources of GHG emission and provides the accounting framework for nearly every GHG standard and program in the world. The concept of operational control was adopted as the one that most applies to the applicants of a development project such as the Chula Vista Target center. The developers/builders will have operafional control over certain project factors that generate GHG emissions. . The emissions for the proposed project were estimated separately for four categories of emissions: 1) construction; 2) energy use, including electricity and natural gas usage; 3) water consumption; and 4) transportation. The analysis includes evaluation of emissions for the existing Tazget Retail Center to assess net increase or decrease in GHG that will be expected from the redevelopment of the site. The emissions were estimated based upon the emissions factors from the California Climate Acfion Registry General Reporting Protocol. This analysis concluded that emissions of GHG, with implementation of planned energy efficiency measures to exceed Title 24 standards by 17%, and implementation of the state-wide and federal vehicle emission reduction programs, would be reduced by 20% below business as usual levels, and would result in a net reduction from existing conditions. Further, and possibly more telling, is the impact based solely on the existing and proposed square footage comparisons on the site. The existing squaze footage of building space developed on site is 128,300 s.f. The proposed size of the new Tazget is 138,144 s.f. The net increase in squaze footage is, therefore, 9,844 s.f. or an addition of approximately 7.7% in gross building size. This increase in squaze footage, however, is accompanied by a significant increase in energy efficiency in the new building over the existing buildings. Energy efficiency measures aze outlined in Table 11 of the project Air Quality Assessment and implementation of said measures is required mitigation as outlined in Section F. See Mitigation Measure Numbers 1 and 2 Geoloey and Soils To assess potential geological and soils impacts of the project, a preliminary geological study was prepazed for the site by NMG Geotechnical, dated February 18, 2009. The results of this analysis are summarized below. The project site is not located in an active Earthquake Fault Zone. The nearest active fault is the Rose Canyon fault approximately 4.4 miles away. There are no known acfive faults at the site. The site is located in an azea with potential liquefaction hazard as identified in the Chula Vista General Plan. This potential hazard will be explored and addressed in the getotechnical site investigation and report. According to the preliminary geological study, existing near surface fill soils on the project site will be over excavated and recompacted as engineered fill to provide a competent subgrade for structures, pavements and other improvements. Elevations at edge conditions were taken into account and considered in grading design and preliminary earthwork estimates. As a standard condition, a final 16~i4 soils report will be required for review by the City Engineer. In addition, erosion control measures will be identified in conjunction with the preparation of the grading plans and implemented during the construction phase. The mitigation measures contained in Section F below would mitigate potential geological impacts to a level of less than significance. These measures aze included as a part of the Mitigation Monitoring and Reporting Program. See Mitigation Measure Number 3 Hazards and Hazardous Materials An Express Gas facility was formerly operated within the southeast quadrant of the site (12 North 4`s Avenue). The environmental contamination beneath the site resulted from leaking underground storage tanks (USTs) and associated product lines operated by the former retail gas station. In 1985 an unauthorized release was reported due to UST tank corrosion. As part of the Phase II process, groundwater monitoring began at the saliject site in 1990. Since that time, quarterly groundwater monitoring reports have been prepazed. The latest such report is dated September 19, 2008. Pollutants of concern that have been found during ground water monitoring include methyl tertiary butyl ether (NITBE), benzene, total petroleum hydrocazbon as galsoine (TPHg), toluene, ethylbenzene, and xylene (BTEX). In 1991, the three USTs, the pump islands, and associated product lines were excavated and removed from the site. A vapor extraction system (VES) and a groundwater recovery system (GRS) were installed at the site and began operation in 1992 and were operated until 1998. Confirmatory soil sampling at 15 borehole locafions (SB1-SB15) was conducted in 1996. In 2002 adual-phase extraction system (DPE) was operated at the site to iemediate methyl-tert-ether (MTBE) levels in groundwater. As part of the Phase lII process, a final draft of the corrective action plan was prepazed in December 2008 which proposed to reduce the remaining source of MTBE on site through active remediation in combination with natural attenuation and sent out for public review. The public comment period ended January 23, 2008 and the San Diego County Site Assessment and Mitigation Program (SAM) received no comments. The SAM concurred with the CAP document and authorized its implementation on February 10, 2009. It is anticipated that all the required remediation will be completed prior to commencement of grading of the project site. If remediafion is not complete, monitoring wells and associated remediation measures will be protected in place during grading activifies to the maximum extent possible. See Mitigation Measure Nos. 4 and 5 Hydroloev and Water Quality In order to assess potential hydrology and water quality impacts, a Preliminary Drainage Study titled Drainage Study Target-2629 Chula Vista (North), and the Preliminary Water Quality Technical Report titled Water Quality Technical Report Target-2629 Chula Vista (North) both dated January 2009, prepazed by Kimley-Hom and Associates, Inc, were submitted for the project. According to the Engineering Department, the proposed improvements and mitigation are adequate to handle the project storm water runoff generated from the site. Existing Conditions The project site is located at the northwesterly intersection of North Fourth Avenue and C Street, within the northwest portion of the City of Chula Vista. The site has been fully developed and contains no existing on-site drainage improvements. Existing drainage currently overland flows from the north end of the site to the southwest comer. Water sheet flows across the site and eventually 16 55 5 enters a concrete cross gutter at the south end of the existing Tazget building. All onsite water is conveyed through this concrete cross gutter and dischazges into an existing offsite curb inlet located on C Street, then finally into the public drainage system. Proposed Improvements The proposed project will increase landscaped areas and the time of concentration for on site flows which will decrease the overall dischazge compazed to existing conditions. The proposed project has been designed to accommodate storm water to existing conditions levels for the 6-hour duration 2, 10 and 50-yeaz storm events. Proposed drainage will be conveyed using both vegetated swales and underground storm drain. The eastern pazking lot in front of the new building will sheet flow into a concrete ribbon gutter and water will then travel to the southeast comer where it outlets through a curb opening and into the proposed vegetated Swale along C Street. Parking areas to the south will also flaw into this vegetated Swale, as well as the majority of the proposed roof. This vegetated Swale will act as treatment for all runoff that is conveyed through it. The northwest pazking lot will drain into a proposed grate inlet. Storm drain pipe then carries this flow south, picking up flows from a portion the building roof and back alley areas. All flows from both storm drain and vegetated Swale confluence and travel via underground storm drain into the existing offsite curb inlet. All on site inlets will incorporate Bio-Clean filters (or equivalent) to treat incoming runoff. Water Quality According to the Water Quality Control Plan for the San Diego Basin (Basin Plan), the project is located in the Sweetwater River Watershed, Sweetwater River Sub-watershed (Hydrologic Unit Basin Number 9.12). Proposed Best Management Practices (BMPs) According to the City of Chula Vista Development Storm Water Manual, the anticipated pollutants of concern after the building and parking lot aze constructed are petroleum products (oil and grease), heavy metals from vehicle usage, trash and debris. The potential pollutants of concern include sediments, nutrients, oxygen demanding substances, organic compounds, pesticides and bacteria and viruses. The post-constnacfion storm water management plan for this project relies on implementation of source control BMPs, site design BMPs, and treatment control BMPs. The main objective is to ensure that pollutants do not come in contact with storm water by reducing or eliminating the pollutants. These objectives are achieved by implementing the required site, source and priority project BMPs and treatment set forth in the City of Chula Vista Development Storm Water Manual. Site Control The proposed site design BMPs for this site included) streets and sidewalks will be constructed to the minimum widths necessary with design that does not compromise public safety and a walkable environment forpedestrians; 2) existing landscape will be salvaged as practicable. Native and drought tolerant trees and large shrubs will be used throughout the landscape design for the proposed development; 3) the use of decorative concrete will be limited to landscape design; 4) vegetated/rock swales will be used within the project area to covey and treat storm water runoff; 5) runoff from the majority of the roof services will be collected via roof drains, where it will be piped under the parking azea and released into a vegetated Swale before discharging to the off-site storm drain system; ~ pazking lots, sidewalks, and patios will drain into avegetated/rock Swale or will be treated through a Bio-Clean Environmental inlet filters. By limiting the driveway openings to the public streets, project 16-~i 6 site design includes more landscaping and enhanced landscaped azeas. This improved landscaping provides additional pervious areas within the project site. Site design improvements also include landscaped areas to accept water from roofs, and a Filterra system (or equivalent) for biofiltration purposes. All storm flows will continue to exit the site along the same existing conditions and no significant increase in site flow velocities is anticipated. Source Control Source control emphasizes the prevention and reduction of nonpoint pollution by eliminating opportunity for pollutants on the land surface to enter surface runoff. 'The proposed pemranent source control BMPs include efficient design of landscape imgation systems, proper rain shut-off devices/moisture sensors to avoid unnecessary watering during the rainy season, and appropriate flow reducers or shut off valves for controlling irrigation. Loading docks will be approximately 4-feet below grade. The site will be graded so that no site water will be transported across the loading dock area. Storm water runoff that does fall directly into the loading dock area will be treated via aBio-Clean Environmental Grate Inlet Filter, or equivalent, prior to being discharged into the underground storm drain system. A trash compactor will be located neaz the northwest corner of the building, adjacent to the loading docks. The site will be graded so that no site water will flow across the compactor area. Runoff that does contact the compactor will be treated via a Filterra unit, or equivalent, before discharging in the underground storm drain system. The trash enclosure will be covered and designed in accordance with local City standards and NPDES regulations. This will prevent runoff of drainage flaws and compliance with proper cleaning and maintenance requirements. All on-site private inlets will be posted with proper signage to notice the public against illegal dumping of pollutants into the storm drainage system or waterways. The final grading plans will comply with the provisions of California Regional Water Quality Control Board, National Pollutant Discharge Elimination System (NPDES) Municipal Permit No. R9- 2007-0001, and the City of Chula Vista Development Storm Water Manual, 2008, with respect to construction and post-construction BMPs, to the satisfaction of the City Engineer. Development of this project will comply with all requirements of State Water Resources Control Boazd (SWRCB) NPDES General Permit No. CAS000002, Waste Dischazge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the startup of clearing, grubbing and grading activifies. Treatment Control Proposed treatment control BMPs include vegetated swales located throughout the property. Bio- Clean Environmental Filters and/or Filtesa bioretention units are proposed. Operational and Maintenance Plan Tazget Stores, Inc. will be responsible for the operation and maintenance of all BMPs, and the funding related to said activities, described in the above referenced report. A fully executed "Storm Water Management Facilities Maintenance Agreement" will be included with the final WQTR, as well a separate copy of the Inspection, Operation, and Maintenance Plan (IOMP) Per Section 8 of the Development Storm Water Manual. Maintenance procedures for al] of the control measures related to "Vegetated Swale", "Bio-Clean Environmental Filters (including Grate Inlet Boxes and Trench Drain Filters), and Filterra bioretention units will be maintained in good and effective condition as specified by the following 167 manufacturer's recommendations: On an annual basis, maintenance shall include two to four visual inspections per year. Maintenance will be performed based upon the findings/recommendations of the inspection report. Regulaz landscaping maintenance will be required to ensure proper function of the Swale. $ee Mitigation Measures 6, 7, 8 and 9 Traffic/Transoortation In order to assess potential traffic and transportation impacts, a Site Access Study titled Site Access Study for Target Store: Chula Vista Norih, dated December 18, 2008, prepazed by KHA was submitted for the project. The results of the study are summarized below. The project would not substantially alter the surrounding roadway network. No modifications are planned to the Target driveway on Brisbane- Street. The three existing project driveways on Fourth Avenue would be consolidated into two driveways on Fourth Avenue. These driveways would remain right-in/right-out only. The existing driveways on C Street a few feet west of the Fourth Avenue intersection would be closed. The existing driveway between the produce mazket and the smog check would be relocated a few feet to the east. The existing entry and exist driveways neaz the Laundromat would be consolidated into one shazed access driveway. This driveway will be the primary access and egress point for trucks traveling to and from the project site. 1n addition, the project is proposing to modify the striping and lane geometrics on Fourth Avenue approaching C Street intersection. 'The project will be adding a southbound right-turn lane from the southern project access driveway on Fourth Avenue to C Street. The striping for the existing southbound lanes on Fourth Avenue will be modified approaching the intersecfion so that two southbound lanes will go through at C Street and the outside lane will become the right turn lane at C Street. The current configuration has the inside lane becoming one of the left-turn lanes at C Street. This should help facilitate right-turn access into the Target driveways by removing southbound through vehicles from the outside lane. Access and Circulation The proposed project is anticipated to shift some traffic from the Brisbane driveway to the Fourth Avenue and C Street driveways. The proposed project site plan moves the main entrance for Tazget to the south, closer to C Street, and enhances access to/from the driveways on Fourth Avenue. The project is providing a main entrance drive aisle accessed via the northern site driveway on Fourth Avenue. The drive aisle will be lined up with Target architectural elements, store markings and appropriate signage to direct traffic to this driveway. Furthermore, unlike the existing Tazget driveways, the new north project driveways on Fourth Avenue will be visible from the Brisbane Street intersection. While the Tazget driveway at Brisbane Street currently operates with substantial existing delay, the proposed project will reduce queuing and delay by shifting traffic away from Brisbane Street to Fourth Avenue and C Street. Delay from the westbound left-turn into the project site and from the project site to Brisbane Street is minimal. Large volumes accessing and departing the South Bay Marketplace and McDonalds drive aisle result in queuing and delays associated with those movements. Improving access to the center to the north is beyond the influence of this project. C Street at the shared driveway is 48 feet wide and includes bike lanes and a pazking lane on the south side. Operational analysis indicated that alert-turn lane to the shared driveway on C Street is not needed for acceptable operations of the driveway. The installation of a left-turn lane into the 16.85 8 project site would require removal of the parking lane on the south side of the street. At the Target driveway to the east, atwo-way left-turn lane currently exists and would remain with the proposed project. The two proposed driveways on Fourth Avenue aze right-tum in/out only and with Fourth Avenue being substantially under capacity, these driveways are anticipated to operate adequately with the proposed project. As part of the project, Fourth Avenue will be widened and restriped near C Street to provide the necessary width for an exclusive southbound right-tum lane. This necessitates shifting existing lanes a few feet to the east and modifying the existing raised median. The dual southbound left turn pockets will also be enhanced. There are no traffic impacts pursuant to the established Chula Vista traffic thresholds. Parking A Rezone of the project site from CC (Central Commercial) to CCP (Central Commercial/Precise Plan) is being processed along with other required entitlements for the proposed project in order to establish a precise plan. The precise plan will establish the required parking standards for the site. The proposed standards will allow a parking standard which is less than the standard 5 spaces per 1,000 squaze feet retail standazd required by the Chula Vista Municipal Code (CVMC). The applicant is proposing 534 on-site pazlang spaces, which is 4.38 spaces per 1.000 s.f. of retail space. The proposed reduction from the CVMC is supported by a Parking Assessment study titled Updated Parking Assessment for Target Store Chula Vista (North), California that was prepared for the project by KHA on January 22, 2009. Based upon an assessment of parking usage for 80 stores at locations throughout the country, including stores in Califomia, the study concluded that the pazking requirement for a prototypical store, like the one being proposed for Chula Vista, requires roughly 505 parking spaces. Target developed and tested a formula relating to the true pazking requirement which is to base pazldng demand on 75% of the number of retail transactions per hour. This formula was based upon raw parking data based upon pazking counts done and then matched with corresponding hourly cash register transactions. In order to further validate the parking ratio, an on- site parking count was conducted by ICHA on December 20, 2008, at the existing Target Store on-site. This date was selected since it was the last weekend before Christmas. The peak parking demand was 258 occupied parking spaces. This generates a ratio of 2.46, much less than the City's required ratio of 5.0. No mitigation measures are required. F. Mitigation Necessary to Avoid Sienificant Imnacts Air Qualitv 1. The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator: • Watering active grading sites a minimum of three times daily. • Apply soil stabilizers to inactive construction sites. • Replacing ground cover in disturbed azeas as soon as possible. • Control dust during equipment loading/unloading (load moist material, ensure at least 12 inches of freeboard in haul trucks) • Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 35 mph 16-~ 9 • Reduce speeds on unpaved roads to 15 mph or less • Water unpaved roads a minimum of three times daily • Where practicable, use low pollutant-emitting equipment. • Where practicable, use catalytic reduction for gasoline-powered equipment. • Use injection timing retard for diesel-powered equipment. • Electrical construction equipment shall be used to the extent feasible 2. Applicant shall implement the proposed project design features to reduce GHG Emissions outlined in Table 11, Page 34 of "Air Quality Assessment for the Chula Vista Target Center Project" report prepared by Scientific Resources Associated, dated March 6, 2009. Geoloey and Soils 3. A geotechnical study will be required prior to the issuance of grading permits. Applicant shall complywith all requirements of said study. Hazards and Hazardous Materials 4. Prior to issuance of building permits, comply with all required mitigation measures outlined in the Corrective Action Plan entitled Site Conceptual Model and Corrective Action Plan, 12 North 4`8 Avenue, Chula Yista, California, File # H2O016, dated December 21, 2008 or protect in place the existing monitoring wells during all construction activities. 5. During any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standazd for Demolition and Renovation. Hvdroloev and Water uali 6. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of the final grading plans. Site Design, Source Control, Low Impact Development, and Treatment Control Best Management Practices (BMPs) shall be implemented in accordance with the Water Quality Technical Report as approved by the City Engineer. Additionally, the final grading plans shall comply with the provisions of California Regional Water Quality Control Boazd, National Pollutant Discharge Elimination System (NPDES) Municipal Permit No. R9-2007-0001, and the City of Chula Vista Development Storm Water Manual, 2008, with respect to construction and post-construcfion BMPs, to the satisfaction of the City Engineer. Further, the applicant shall enter into an agreement with the City of Chula Vista for the inspection and maintenance of post-construction BMPs into perpetuity. Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. 7. Development of this project shall comply with all requirements of State Water Resources Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity. In accordance with said Permit, a Storm Water Polluton Preventon Plan (SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the startup of clearing, grubbing and grading activities. The SWPPP shall specify both construction and post construction structural and non structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post- 16~~0 construction pollution prevention measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures. 8. Permanent storm water requirements, including site design, source control, and treatment control best Management Practices (BMPs), all as shown in the approved WQTR, shall be incorporated into the project design, and shall be shown on the plans. Provide sizing calculations and specifications for each BMP. Any structural or non-structural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 9. Prior to the approval of any building permit, the applicant shall provide evidence satisfactory to the Planning and Building Director and Director of Engineering and Public Works demonstrating that the trash storage azeas of the project site have final improvement design to meet the following requirements: a) Paved with an impervious surface, designed not to allow run-on from adjoining azeas, screened or walled to prevent offsite transport of trash; and b) Provide attached lids on all trash containers that exclude rain including a solid roof or awning to minimize direct precipitation. G. Agreement to Implement Mitigation Measures By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declazation with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in abeyance without approval and that the Applicant and Opemtor shall apply for an Environmental Impact Report. Printed Name and Title of Applicant -r~(Z(a ~-[ CORP (r u orized re res ntative) Signature of App icon (or authorized r tative) Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) H. Consultation 1. Individuals and Organizations 32~O`I Date ~~~~~ Date Date Date 11 16-61 City of Chula Vista: Steve Power, Planning and Building Department Stan Donn, Planning and Building Deparhnent Mario Ingrasci, Engineering Department Silvester Evetovich, Engineering Department Jim Newton, Bngineering Department David Kaplan, Engineering Department Patrick Moneda, Engineering Department Boushra Salem, Engineering Department Rima Thomas, Engineering Department Kirk Ammerman, Public Works Operations Richazd Hopkins, Public Works Operations Steven Gonzales, Public Works Operations David McRoberts, Public Works Operations Khosro Aminpour, Public Works Operations Muna Cuthbert, Public Works Operations Justin Gipson, Fire Department Others: Caltrans Regional Water Quality Control Boazd County of San Diego City of National City Chula Vista Elementary School District Sweetwater Authority Sweetwater Union High School District Chula Vista Unified School District SDGE Sweetwater Planning Group David Gottfredson, RECON 2. Documents City of Chula Vista General Plan, 2005 (as amended). Title 19, Chula Vista Municipal Code. Air Quality Assessment for the Chula Vista Tazget Center Project, dated Mazch 6, 2009 (Scientific Resources Associated) Updated Pazking Assessment for Target Store Chula Vista (North), California, revised January 22, 2009 (Kimley-Horn and Associates) Drainage Study Tazget -2629 Chula Vista (North), California, dated January 2009 (Kimley-Hom and Associates) Site Access Study for Tazget Store: Chula Vista North, dated January 21, 2009 (Kimley-Hom and Associates) Final Sanitary Sewer Memorandum, dated February 12, 2009 (Kimley-Hom and Associates) 16~~i2 Water Quality Technical Report Target -2629 Chula Vista (North), CA dated January 2009 3. Initial Study 'T'his environmental determination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Development Services Department, 276 Fourth Avenue, Chula Vista, CA 91910. t en Po er, A.LC.P Principal P anner Date: S~ ~ 09 1636 3 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR aRO~EOr Target UCANr MISCELLANEOUS APP : Project Summary: Proposal is for a demol'dion and reconstruction aiioJRess: 425 C Street of existing Target retail store. New Target store will be 138,144 Square Feet. NORTH SCALE: No Scale FlLE NUMBER: DRG09-15 Related cases: PCZ-09-02, IS-o9-009 L:\Gabe FlesUocatorsldre0914.cdr 11/25/08 ,r. ) ~ ~ 1 \ ~ jREE 5 '~'.~~~ \ ~~ RSBPN .. d , O E Y P\s~ , , NPT~D~\J~ ~ \ .L~ pR !J I ~ \ 11S% e r• _\ a E C~il ~~ \ ,~ r•`' \ 2 tt Q~Bf ~~ \ f 9 \ ~ S „~~ ` ` \ \ \ ~ \ ~ ~ ' ' ~ ~ \ ~\ i ~ 1 l Y EE E ` \ \ \ TARGET ` ~~ a ~ , ~ ~ ~\\ ~ ~ ~~ & p 2~8 a 1, 1 1 Q`~~T `' 138,144 SF ~ ~\~ ~~:~ ~ ~id~ ~~ ~\~, ~~ ',\ ~ jf 1, " ~ ~ ~\~ \ ~ ~\~ s~~ 1\~ \~ ~ a ~ ') ~' • ° \~~ „ ass ~~1\~ ~~ W t o WN< ~ ,\ jI 1 ~`~ / J1~`~` ` \ /" O /_ m N~S '~ _~ ~ /' ~ z / ~ / II NORTH i" ~ ~ ~ ~ E ~ '\ Gg CR E - ~~ i. ~~ , ~ ~ / ~ ~"~ ` i i t ATTACHIVIENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) TARGET - IS-09-009 This Mitigation Monitoring and Reporting Program has been prepazed by the City of Chula Vista in conjunction with the proposed Target project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declazation prepazed in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. The legislation requires public agencies to ensure that adequate mitigation measures aze implemented and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality 2. Geology and Soils 3. Hazazds/Hazazdous Materials 4. Hydrology and Water Quality MONITORING PROGRAD'I Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-09-09 to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained iri Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declazafion IS-09-09, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. J:~PlanningUEFF~EnvironmentalVS-09-09MMRPtez[.doc 16-66 'arget (IS-09-009) Mitigation Monitoring and Reporting Program Table 1 ; ~, ;~ ~ :ae .3~d `T "~. ~ ~` ' ' '~.~i'~~~~ ~ ~~ ~ ~ ~ ~~ " ~ ~ f k ~ ~ ~h .'ue 'w ~ 4`4`i~"~~c~~w5 ile i~° . ~`.a~ x? . x , : t ~ .a » .-;;:.: •,^ ~ .. ....,. :. ?~i' .. . .,, ', - ,. ,?(s_. a3~..- tr :. 1 ... , , . . . , ; y Mitigation Mitigation Measure Method of Timin g of Responsihle Comp leted Comments Measure No. Verification Verific ation Party Initials Date d. M 'i£,~ ~, _ . _ .. f. AIRR~LIq'1'~r~.~, . ~ ~ ~ ~~ 4~ -. • x f~*'~ z rid a r= ~ ~x b} ~rkr "'. . ~'-~r~` ?r' ~.i^= ~ht is is {~S?f € ad ;4 r ., . .... n . sna ,. ~ .c . ~ r~ „ 1. The following air quality mitigation requirements shall be Plan Check/Site X X Applicant/ City shown on all applicable grading, and building plans as Inspection Development details, notes, or as otherwise appropriate and shall not Services Department be deviated from unless approved In advance In writing by the City's Environmental Review Coordinator: • Watering active grading sites a minimum of three times dally. • Apply soil stabilizers to Inactive construction sites. • Replacing ground cover in disturbed areas as soon as possible. • Control dust during equipment loading/unloading (load moist material, ensure al least 121nches of freeboard rn in haul trucks). ~ Suspend all soil disturbance and travel on unpaved v surfaces In winds exceed 35 mph. • Reduce speeds on unpaved roads to 15 mph or less. • Water unpaved roads a minimum of three dines daily. • Where practicable, use low pollutant-emitting equipment. • Where practicable, use catalytic reduction for gasoline- ppwered equipment. • Use Injection timing retard for diesel-powered equipment. • Electrical construction equipment shall be used to the extent feasible. Applicant shall Implement the proposed project design plan Check/Site X X ApplicanVClty 2. features to reduce GHG Emissions outlined In Table 11, Inspection Development Page 34 of "Air Quality Assessment for Chula Vista Services Department Target Center Project" report prepared by Scientific Resources Associated, dated March 6, 2009. Page - 1 Target (IS-09-0091 Mitigation Monitoring and Reporting Program Table 1 3 n yeurecunwer sway ww oe regwreg poor to Ise grading permits. Applicant shall comply with all requirements of said study. 4 Prior to issuance of building permits, comply with all Plan Chec required mitigation measures outlined in the Corrective Inspection Action Plan entitled Site Conceptual Model and Corrective Action Plan, 12 North 4'" Avenue, Chula Vista California, File #H2O016, dated December 21, 2006 or protect in place the existing monitoring wells during all construction activities. Services Department 5' During any demolition acdvldes, a licensed and registered asbestos and lead abatement wntractor shall perform asbestos and lead-based paint abatement in accordance with all applicable local, state and federal laws and rn regulations, InGuding San Diego County Air Pollution I Control District Rule 361.145 -Standard for Demolition and Renovation. 6 Pnor to [he Issuance of a gratling permit, a Hnal drainage Plan Chec study shall be required in conjunction with the preparation Inspection of lhe~final grading plans. Site Design, Source Contrdl, Lowe Impact Development, and Treatment Control Best Management Practices (BMPsj shall he implemented In accordance with the Water Duality Technical Report as approved by the City Engineer. Additionally, the final grading plans shall comply with the provisions of California Regional Water Quality Control Board, National Pollutant Discharge Elimination System (NPDES) Municipal Permit No. RO-2007-001, and the Ciry of Chula Vista Development Storm Water Manual, 2006, with respect to conslrucdon and post-construction BMPS, to the satisfaction of the Clty Engineer. Further, the applicant shall enter Into an agreement with the City of Chula Vista for the Inspection and maintenance of post- conslruction BMPS, into perpetuity. Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program Services Department Page - 2 target (IS-09-0091 Mlhgatlon Monltonng and Reoortlng Program Table 1 ~ Development of this project shall comply with all Plan Check/Site x X X gpplicanU requirements of State Water Resources Control Board Inspection Development (SWRCB) NPDES General Permit No. CA5000002, Waste Discharge Requirements for Discharges of Storm Water Services Department Runoff Associated with Constmcfion Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitodng Program Plan shall be developed and Implemented concurrent with the startup of clearing, grubbing and grading actlvities. The SWPPP shall specify both construction and post consVUCtion sWctural and non-sWctural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-consUUCtlon pollution prevention measures, including shad-term and long-term funding sources and the party or parties that will be responsible for the Implementation of said measures. g Permanent storm water requirements, including site Plan Check/Site % X % gpplicanUClty design, source control, and treatment control Best Inspection Development Management Practices (aMPs), all as shown on the Services Department approved WQTR, shall be incorporated Into the project ~ design, and. shall 6e shown on the plans. Provide sizing - t calculations and specifications far each BMPs. Any rn structural or non-structural 8MP requirements that cannot ~ be shown graphically must be either noted or stapled on the tans. g Prior to the approval of any building permits, the applicant Plan Check/Site X X X ApplicanU shall provide evidence satisfactory to the Planning and Inspection Development Building Director antl Director of Engineering and Public Services Department Works demonstrating that the trash storage areas of the and Public Works project site have final improvement design meeting the Department following requirements: a) Paved with an Impervious surtace, designed not to allow run-on from adjoining areas, screened or walled to prevent offsite transport of trash; and b) Provide attached lids on all trash containers that exclude rain Including a solid roof or awnln to minimize direct reel Ilalion. ~. 1:NlaniiingUEFF\Initial Study\TargetllS-09-009MMRPtbl.doc Page - 3 ~~11~ .:s>M. o~ ENVII20NMENTAL CHECKLIST FORM ctluwwsca 1. Name of Proponent: Target Applicant Representative: Jennifer Harry 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 40 North Fourth Avenue Chula Vista, CA 91910 (619)980-9696 4. Name of Proposal: Tazget 5. Date of Checklist: Mazch 27, 2009 6. Case No.: IS-09-009 ENVIItONMENTAL ANALYSIS QUESTIONS: Less Than $IgInrJC9nt Potentially with Less Than ISSlleS' ' Significant Mitigation Significant No Impact Impact t Impac Incorporated I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ~ ~ ~ ^ b) Substantially damage scenic resources, including, ~ ~ ~ ^ but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highwa}~? c) Substantially degrade the existing visual character or ~ ~ ~ ^ quality of the site and its surroundings? d) Create a new source of substantial light or glaze, ~ ~ ~ ^ which would adversely affect day or nighttime views in the azea? is-ao Issues: Comments• Less Than Significant Potentially With Less Than Significant Miggation Significant Impact Incorporated ,Impact No Impact a) According to the City General Plan, this project azea is located within the "E" StreeUHighway 54, one of the Primary Gateways into the City. The proposal includes development of a commercial retail building consisting of 138,144 square-feet with landscaped entry treatments and associated pazking area in accordance with the City of Chula Vista Municipal Code, Landscape and Design Review Guidelines. The applicant has designed the northeast corner azea as a gateway entry focal point. The project would enhance and improve the aesthetic quality of this key azea into the City. b) The proposal consists of the redevelopment of an existing commercial site. The proposed retail project will replace anexisting--use. of similaz nature and will not substantially damage scenic resources within a state scenic highway. c-d)The proposal consists of the redevelopment of an existing commercial site. The proposed retail project will not substantially degrade the existing visual chazacter or quality of the project site nor its neighborhood commercial surroundings. The project site is slated for commercial development according to the Chula Vista Municipal Code and General Plan Land Use. Mitieation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or ^ ^ ^ ^ Farmland of Statewide Importance (Farmland), as shown on the maps prepazed pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or ^ ^ ^ ^ a Williamson Act contract? c) Involve other changes in the existing environment, ^ ^ ^ ^ which, due to their location or nature, could result in conversion ofEarmland, tonon-agricultural use? 1 6-7~1 Less Thaa Significant Potentially ~,i~ Less Than )'551105' Significant Mitigation Significant No Impact Impact Incorporated Impact COIDIIICnt$: a-c) The project site is within a fully developed azea and neither in current agricultural production nor adjacent to a parcel in agricultural production and contains no agricultural resources or designated farmland. Miti¢ation: No mitigation measures aze required. III. AIR QUALITY. Would the project: a) Conflict with or obshuct implementation of the ^ applicable air quality plan? b) Violate any air quality standazd or contribute ^ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net ^ increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standazd (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ^ concentrations? e) Create objectionable odors affecting a substantial ^ number of people? ^ ^ ^ ® ^ ^ ® ^ ® ^ ^ ^- ® ^ 16-~2 Issues: Comments• (a-e) See Mitigated Negative Declazation Section E Mitigation- Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact The mitigation measures outlined in Section F of the Mitigated Negative Declazation would mitigate potentially significant air quality impacts to a level of less than significance. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ^ through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional pans, policies, or regulations, or by the California Deparhrlent of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian ^ habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally ^ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, mazsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact n 0 16-713 Issues: Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact d) Interfere substantially with the movement of any ^ native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting ^ biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ^ Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments• ^ No Impact u a-f) The project site is within a fully developed area which does not contain any habitat, wetlands, wildlife corridor, biological resources or habitat conservation plan lands. Mitit?ation: No mitigation measures are required. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance ^ ^ ^ of a historical resource as defined in State CEQA Guidelines § 15064.5? b) Cause a substantial adverse change in the significance ^ ^ ^ of an archaeological resource pursuant to State CEQA Guidelines § 15064.5? c) Directly or indirectly destroy a unique paleontological ^ ^ ^ 16-751 Less Than Significant Potentially With Less Than ISSneS. Significant Mitigation Significant No Impact Impact Incorporated Impact resource or site or unique geologic feature? d) Disturb any human remains, including those interred ^ ^ ^ outside of formal cemeteries? Comments• a)- No historic resources are known or aze expected to be present within the project impact azea, as the site has been developed and precise grading has already occurred. Therefore, no substantial adverse change in the significance of a historical resource as defined in Section 15064.5 is anticipated. b) Based on the amount of grading needed to construct the project and the previous site disturbance due to existing easements and adjacent development, the potential for significant impacts or adverse changes to azchaeological resource as defined in Section 15064.5 is not anticipated. c) -The project site is located in a low sensitivity level area pursuant to the study prepazed by the environmental firm of RECON for the City's General Plan Update Program (December 2005). The study contains a prehistoric Archeological Resources Sensitivity Area Map for the entire City of Chula Vista. No cultural studies are required for this project since this project involves the reconstmction of an existing retail facility. d) No human remains aze anticipated to be present within the impact azea of the project. The pzoposal consists of the redevelopment of an existing commercial site. The proposed ztail project will zeplace an existing use of sirnilar nature. As the site was previously developed and the depth of development activities will not be significantly diffezent from the existing development, the likelihood of the pzesence of human remains is extremely small. Mitigation: No mitigation measures aze required. VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: Rupture of a known earthquake fault, as delineated ^ on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the azea or based on other substantial evidence of a known fault? ^ ® ^ 16-~5 Less Than Significant Potentially With Less Than ISSnes• Significant Mitigation Significant No Impact • Impact Incorporated Impact ii. Strong seismic ground shaking? ^ ^ ® ^ iii. Seismic-related ground failure, including liquefaction? ^ ^ ® ^ iv. Landslides? ^ ^ ^ b) Result in substantial soil erosion or the loss of ^ ^ ® ^ topsoil? c) Be located on a geologic unit or soil that is unstable, ^ ^ ® ^ or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, creating substantial ~ ^ ~ ^ risks to life orproperty? e) Have soils incapable of adequately supporting the ^ ^ ^ use of septic tanks or alternative wastewater disposal systems where sewers aze not available for the disposal of wastewater? Comments• a-e) Refer to Section E of Mitigated Negative Declaration Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declazation would mitigate potentially significant impacts to Geology and Soils to a level of less than significance. No mitgation measures aze required. VII. AA7,ARnS AND HAZARDOUS MATERLALS. Would the project: a) Create a significant hazard to the public or the ^ ~ ^ ^ environment through the routine transport, use, or 16-3J6 Issues: disposal of hazardous materials? Less Than Significant Potentially with Significant Mitigation Impact Incorporated b) Create a significant hazard to the public or the ^ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ^ acutely- hazardous materials; substances,' or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of ^ hazardous materials sites compiled pursuant to Govemrrlent Code section 65962.5 and, as a result, would it create a significant hazazd to the public or the environment? e) For a project located within an airport land use plan ^ or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the pmj ect area? f) For a proj ect within the vicinity of a private airstrip, ^ would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere ^ with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ^ loss, injury or death involving wildland fines, including where wildlands aze adj acent to urbanized areas or where residences aze intermixed with wildlands? CI I Less Than Significant No Impact Impact ^ ^ ^ ^ ^ ^ 0 16-7g7 Issues: Less Than Significant Potentially Rrith Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Comments: a) See Mitigated Negative Declaration, Section E , Section E (Hazazdous Materials Section) The proposed project is located on a site included on the hazardous list pursuant to Government Code Section 65962.5. A corrective action plan entitled Site Conceptual Model and Corrective Action Plan 12 North 4`h Avenue, Chula Vista, California File # H2O016,dated December 21, 2008 was prepazed. b) .See Mitigated Negative Declazation, Section E (Hazardous Materials Section). The proposed project is located on a site included on the hazazdous list pursuant to Government Code Section 65962.5. A corrective action plan entitled Site Conceptual Model and Corrective Action Plan 12 North 4t° Avenue, Chula Vista, California File # H2O016, dated December 21, 2008 was prepared. c) The proposed project is a commercial retail center and not located within one-quarter mile of an existing or proposed school. d) The site is included on a list of hazardous materials site compiled pursuant to Government Code 65962.5. See Mitigated Negative Declazation, Section E (Hazardous Materials Section) for detailed discussion and Section F, for required mitigation measure. Once this mitigation measure has been completed, there will be no significant impacts to the project site azea or other retail uses, residential and daycaze uses within the surrounding area. e) The project is not located within an airport land use plan nor within two miles of a public airport or public use airport; therefore, the project would not expose people residing or working in the project azea to adverse safety hazards. f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project azea to adverse safety hazards. g) The project is designed to meet the City's emergency response plan, route access and emergency evacuation requirements. The proposed fire improvements include an emergency turning radius and fire hydrant in the project area and required fire flow is satisfactory as noted in the Fire Department written communication. No impairment or physical interference with the City's emergency response plan is anticipated. h) The project is designed to meet the City's Fire Prevention building and fire service requirements. exposure of people or structures to a significant risk of loss, injury or death due to wildfires is anticipated. Mitigation: The mitgation measures contained in Section F of the Mitigated Negative Declazation mifigate potenfially significant Hazards and Hazazdous Materials to a level of less than significance. VIII. HYDROLOGY AND WATER QUALITY. Would the project a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste dischazge requirements? ^ ~ ^ No would 16-T~8 Issues: b) Substantially deplete groundwater supplies or interfere substantially with groundwater rechazge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing neazby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? Less Than Significant Potentially With Less Than Significant Mitigation Sig~cant Impact Incorporated Impact ^ ^ c) Substantially alter the existing drainage pattern of the ^ site or azea, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? No Impact d) Substantially alter the existing drainage pattem of the ^ ^ ® ^ site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoffin a manner which would result in flooding on- or off-site, or place structures within a 100-year flood hazard azea which would impede or redirect flood flows? e) Expose people or structures to a significant risk of loss, ^ ^ ^ injury or death involving flooding, including flooding as a result of the failure of a levee or dam? fl Create or contribute runoff water, which would exceed ^ ^ ® ^ the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Comments: a-f) See Mitigated Negative Declaration, Section E. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration (Hydrology/4Vater Quality Section) would mitigate potentially significant Hydrology/Water Quality impacts to a level of less than significance. 16 ~17~9 Less Than Significant Potentially ~,i~ Less Than ISSIIeS: Significant Mitigation Significant No Impact Impact Incorporated Impact LY. LAND USE AN9 PLANNING. Would the project: a) Physically divide an established community? ^ ^ ^ b) Conflict with any applicable land use plan, policy, or ^ ^ ^ regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan ^ ^ ^ or natural community conservation plan? Comments• a) The proposed commercial infill project would be consistent with the character of the surrounding commercial and residential azeas and, therefore, would not disrupt or divide an established community. b) The project site is within the CC (Central Commercial) Zone and CR (Commercial Retail) General Plan designations. The proposed project includes the rezoning from CC to CCP as the project does not propose enough pazldng spaces for the current zoning designation. With the inclusion of the rezoning, the proposed project will not be in conflict with zoning regulation. The project has been found to be consistent with the Bonita Gateway Specific Plan and General Plan Update rules and regulations. c) The proposed project will involve the redevelopment of an existing firlly developed site. Mitigation: No mitigation required. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a lmown mineral ^ ^ ^ e 16-$~ Less Than $IS~CaRt Potentially WSth Less Than jSSneS: Signi£cant Mitigation Sig~cant No Impact Impact Incorporated Impact resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important ^ ^ ^' mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments• a) The proposed project would not result in the loss of availability of a lmown mineral resource of value to the region or the residents of the State of California. b) Pursuant to the Enviromnental Impact Report for the City of Chula Vista General Plan Update, the State of California Departrnent of Conservation has not designated the project site for mineral resource protection. Mitigation: No mitigation measures are required. XI. NOISE. Would the proj ect result in: a) Exposure of persons to or generation of noise levels in ^ ^ ^ ~^ excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ^ ^ ^ ^ groundbome vibration or goundbome noise levels? c) A substantial permanent increase in ambient noise ^ ^ ^ ^ levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ^ ^ ^ ^ ambient noise levels in the project vicinity above levels existing without the project? e) For a proj ect located within an airport land use plan or, ^ ^ ^ ^ 16-$~ Less Than Significant Potentially With Less Than ISSlles: Significant Mitigation Significant No Impact Impact Incorporated Impact where such a plan has not been adopted, within two rriiles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ^ ^ ^ ^ would the project expose people residing or working in the project area to excessive noise levels? Comments• a-f The proposed project is located in an urban area of the site and located on a site which was previously fully developed with a commercial project. The site is not located in proximity to any sensitive receptors and would not generate any significant noise levels. All commercial activity would occur inside the building. The site is not locatedneaz a public or private airport. Mitigation: No mitigation measures are required. XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an azea, either ^ ^ ^ ^ directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, ^ ^ ^ ^ necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating ^ ^ ^ ^ the construction of replacement housing elsewhere? 16-19,2 Issues: Comments- Less Than Significant Potentially with Less Than Signfficant Mitigation Significant Impact Incorporated Impact No Impact a-c) The proposed project is a commercial retail infill project and, therefore, no residential development is proposed that would induce substantial population growth in the area or require substantial infrastructure improvements. No pefmanent housing exists on the project site and no displacement of housing or persons would occur as a result of the proposed project. Based upon the size and nature of the proposal, no population gowth inducement is anticipated. The project is an allowable commercial retail land use per the Zoning Ordinance and is in compliance with the General Plan Update. Mitigation: No mitigation measures aze required. XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objecfives for any public services: a. Fire protection? ~ ~ ^ ~ b. Police protection? ~ ~ ^ ~ c. Schools? ~ ~ ~ ^ d. Pazks? ~ ~ ~ ^ e. Other public facilities? ~ ~ ~ ^ 16-$~3 Issues: Comments: Less Than Significant Potentially With Less Than SigniScant Mitigation Significant Impact Incorporated Impact No Impact a) According to the Fire Departrnent, adequate fire protection services can continue to be provided to the site without a significant increase of equipment or personnel. The proposed project design includes establishment and maintenance of a fire hydrant and emergency turning radius patter. The applicant is required to submit proof of afire flow letter from the Water Server prior to building construction and to comply with the Fire Department policies for new building construction. Therefore, the proposed project would not have a significant effect upon fire protection services. The City performance objectives and thresholds will continue to be met. b) According to the Chula Vista Police Department, adequate police protecton services can continue to be provided upon completion of the proposed project.. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. The City perfommance objectives and thresholds will continue to be met. c) The proposed project would not induce population growth; therefore, no significant adverse impacts to public schools would result. According to the Chula Vista Elementary School District letter dated May 24, 2006, the applicant would be required to pay the statutory building pemmit school fees for the proposed new commercial building at time of building pemmit issuance. d) Because the proposed project would not induce population growth, it does not create a demand for neighborhood or regional parks or facilities or impact existing pazk facilities. e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and would be served by existing or planned public infrastructure. XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional pazks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which have an adverse physical effect on the environment? 16-~# Issues: Comments' Less Than Significant Potentially kith Less Than Significant Dtigation Significant Impact Incorporated Impact No Impact a) Because the proposed project would not induce population growth, it would not create a demand for neighborhood or regional pazks or facilities, nor impact existing neighborhood parks or recreational facilities. b) The project does not include the construction or expansion of recreational facilities. According to the Parks and Recreation Element of the General Plan, the project site is not planned for any future pazks and recreation facilities or programs. Mifieation: No mitigation measures aze required. XV. TRANSPORTATION /TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in ^ relation to the existing traffic load and capacity of the street system (i.e, result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ^ service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including ^ ^ ^ ^ either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ^ ^ ® ^ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ^ ^ ^ ^ f) Result in inadequate pazking capacity? ^ ^ ^ ^ 16-~ Less Than Signfficant Potentially ~yi~ Less Than ISSUes: - Significant Mitigation Significant No Impact Impact Incorporated Impact g) Conflict with adopted policies, plans, or programs ^ ^ ^ ^ supporting altemaiive transportation (e.g, bus turnouts, bicycle racks)? Comments• a-b) See Mitigated Negative Declaration, Secfion E. c) The proposal would not have any significant effect upon any air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. d) The proposal would not substantially increase hazards due to a design feature e) The proposal would not result in inadequate emergency access. As a result of this project, Fourth Avenue will be widened to include enhancements to the left turn lane and add an additional right turn lane. f) See Mitigated Negative Declazation, Section E g) The proposal would not conflict with adopted transportation plans or alterative transportation programs. Mitigation: No mitigation measures aze required XVI. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the ^ ^ ^ ^ applicable Regional Water Quality Control Board? b) Require or result in the constmction of new water or ^ ^ ^ ^ wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water ^ ^ ^ ^ drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ^ ^ ^ ^ project from existing entitlements and resources, or aze 16-$~ Issues: new or expanded entitlements needed? Less Than Signifcant Potentially with Significant Mitigation Impact Incorporated e) Result in a determination by the wastewater treatment ^ provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact 0 No Impact f) Be served by a landfill with sufficient permitted capacity ^ ^ ~ ^ to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ^ ^ ^ regulations related to solid waste? Comments: a,b)The project site is located within a developed urban area of the western portion of the City that is served by all necessary ufilities and service systems. No exceedance of wastewater requirements of the Regional Water Quality Control Board would result from the proposed project. c) See Mitigated Negative Declaration Section E d) The project site is within the potable water service azea of the Sweetwater Authority in their letter dated November 24, 2008 and followup communications. Pursuant to correspondence from the Sweetwater Water District, the project may be serviced from existing potable water mains, however, will require adequate sized service laterals. No new or significant expanded entitlements aze anticipated for the proposed prof ect. e) Based upon City's review of Sewer Study, there is adequate existing capacity f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs of the region in accordance with State law. g) The proposal. would comply with federal, state and local regulations related to solid waste. Mitigation: No mitigation required 16-17 Less Than Significant Potentially with Less Than ).SSlleS: Significant Mitigation Signi£cant Impact Incorporated Impact XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) I,Ibrarv ^ ^ ^ The City shall construct 60,000 Boss square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the city-wide ratio. of 500 GSF per 1,000 population. Library facilities aze to be adequately equipped and staffed. B)Police ~ ~ ^ a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (~ minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of "Priority Two" urgent calls within seven ('~ minutes and maintain an average response time to all "PrioriTy Two" calls of 7.5 minutes or less. C) Fire and Emergency Medical ~ ~ ^ Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic ~ ~ ^ The Threshold Standazds require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west of I-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. No Impact C! 16-~~8 Less Than Significant Potentially With Less Than ISSnes: significant Mitigation Significant Impact Incorporated Impact E) Pazks and Recreation Areas ^ ^ ^ The Threshold Standazd for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities/1,000 population east of I-805. F) Drainaee ^ ^ ~ The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standazds. Individual projects will provide necessary improvements consistent with the Dtainaga Master Plan(s) and City Engineering Standatds. G) Sewer ^ ^ ^ The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. I-)) Water ^ ^ The Threshold Standards require that adequate storage, treatment, and transmission facilities aze constructed concurrently with planned growth and that water quality standards are not j eopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. No Impact 0 16@9 Issues: Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Comments: a) :The project is not a housing development; therefore, no impacts to ltbrary facilities would result. No adverse impact to the City's Library Threshold standazds would occur as a result of the proposed project. b) According to the Police Department, adequate police protection services can continue to be provided to the commercial retail site, upon completion of the proposed project The proposed commercial project would not have a significant effect upon or result in a need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold standazds would occur as a result of the proposed project c) According to the Fire Department's comments, adequate fire protection and emergency medical services can continue to be provided to the prof ect site. The proposed retail project would not have a significant effect upon or result in a need for new or altered fire protection services. No adverse impact to the City's Fire threshold standazd would occur as a result of the proposed project. d) See Mitigated Negative Declaration, Section E. e) The project is slated for commercial retail use and located east of Interstate 805, and therefore, the Pazks Threshold Standazd is not applicable. f) See Mitigated Negative Declaration, Section E (Hyrology/Water Quality Section). Based upon review of the project and Preliminary Hydrology/Hydraulic and Water Quality studies (titled Drainage Study Tazget-2629 Chula Vista (North) and Water Quality Technical Report Tazget-2629 Chula Vista (North) respectively), the Engineering Department has detemined that There are no significant issues regarding the proposed drainage improvements of the project site. A final drainage study will be prepared in conjunction with the final grading and improvement plans. The proposed drainage improvements shall be designed to handle incremental and 100-year storm events, inlets, and private catch basins, controls and filtering systems to the satisfaction of the City Engineer. Drainage facilities are required to be designed in accordance with the Drainage Master Plan(s) and City Engineering standards, which will be installed at the time of site development and in accordance with other regional entities and their requirements or standards. No adverse impacts to the City's Drainage Thresholds will occur as a result of the proposal and project conditioning. g) The sewer facilities serving the project site consist of an 10-inch sewer line running south along N. Fourth Avenue and along C Street. The Engineering Department has determined that these facilities aze adequate to serve the proposed project A final sewer study will be required to the satisfaction of the City Engineer. The applicant throug}r project design identifies existing and any proposed structures on the development plans, which maybe built aver the existing sewer line to ensure continued City ability for maintenance of the sewer line. No new sewer mains or major facilities aze anticipated to be requited and no adverse impacts to the City's Sewer Threshold standazds will occur as a result of the proposed project. h) Pursuant to correspondence received from the Sweetwater Authority, in their letter dated November 24, 2008 and follow-up communications, the existing main facilities that are currently serving may continue to serve the project site however, appropriate sizing for the service laterals must be implemented. No significant new water storage facilities are anticipated to be required and no adverse impacts to the City's Water threshold standards will occur as a result of the proposed project. Mitigation: No mitigation measures aze required. 16-~0 Less Than Significant Potentially ~,i~ Less Than I$$n¢$: Significant Mitigafion Significant No Impact Impact Incorporated Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ^ ^ ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal corrurrunity, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that aze individually ^ ^ ^ limited, but cumulatively considernble? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects, which ^ ® ^ ^ will cause substantial adverse effects on human ,beings, either directly or indirectly? Comments: a) See Mitigated Negative Declaration, Section E. The project site is currenfly developed. No significant impacts would be created by the proposed project as a result of project mitigations and conditions. b) No cumulatively considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future neazby projects have been identified. 'Therefore as described in the Mitigated Negative Declaration, only project specific impacts require mitigation to be below a level of significance. c) See Mitigated Negafive Declarafion, Section E. Potential impacts to humans associated with air quality, geology and soils, hazards and hazardous materials, and hydrology and water quality would be mitigated to below a level of significance. Mitigation: The mitigafion measures contained in Section F of the Mitigated Negafive Declazafion would mitigate identified impacts to a level of less than significance. 16 ~1 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitgation measures are contained in Section F, Mitigation Necessary to Avoid Significant Smpacts, and Table 1, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declarrtion 15-06-025. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their' respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction ofthe Errvironmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the Cotmty Clerk shad indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the ~~nffan~lo%~rator shall apply for an Environmental Impact Report. 5enlorDevelopmeni +4lanager target Corporation Printed Name and Tit[c of Applicant (or authorized representative} c 3 27 D~ ignature of 3 cant Date (or authorized re esentative) Printed Name and Title of Operator (if different from Applicant) Signature of Operator Date ("tf different from Applicant) 23 16-92 XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one .impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. ^ Land Use and Planning ^ Transportation/Traffic ^ Public Services ^ Population and Housing ^ Biological Resources ^ Utilities and Service Systems ~ Geophysical ^ Energy and Mineral ^ Aesthetics Resources ^ Agricultural Resources ® Hydrology/Water ®Hazards and Hazardous ^ Cultural Resources Materials ® Air Quality ^ Noise ^ Recreation ^ Paleontological ^ Mandatory Findings of Significance Resources 16 ~3 XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the ^ environment, and a Negative Declaration will be prepazed. I find that although the proposed project could have a significant effect on the ~ environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, ^ and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the environment, but ^ at least one effect: 1) has been adequately analyzed in an eazlier document pursuant to applicable legal standazds, and 2) has been addressed by mitigation measures based on the eazlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that eazlier EIR, including revisions or mitigation measures that aze imposed upon the proposed project. An addendum has been prepaed to provide a record of this det~**~ination. Dat--Ce~ ' ' City of Chula K:~SND_LDEV\095727000-Targe[_CV\Environmental\CHECKLIST FOR TARGET-KHA comments-03-16-09.doc 164 ATTACHMENT ~ OWNERSHIP DISCLOSURE FORM 16-95 Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must he filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~ Po2 T1DeJ 2, if any person* identified pursuant to (1 }above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporaticNpartnership} entity. SiAU~ ~vtALS 3. If any person' identified pursuant to (1) above is anon-profit organization or trust, list the names of any person serving as director of the non-profR ort3anization or as tnrstee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent wntradors ycu have assigned to represent you before the City in this mailer. LI-h~Rx~ m -Horn &flssoctr~ES lue~ l~ - btZt~ ~ ~iSSpCtA'fE4, A1C . LE1-HORN ANO A3SOCIR7ar511Nc 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as 8 relates to this contract vrithi~l the past 12 months. Yes_ No_ ~L APPLI Ln~1T AND A~7t1jS AkF, N 6f AuJARE OF Anf4 It Yes, briefly describe the nature of the financial interest the official" may have in this contrail. 6. Have you made a contribution of more than $250 within the past LweNe (12) months to a curent member of the Chula Ysta City Council? No X Yes _ If yes, whidh Council membeR RPPt,}cgNT fiNO AGENI"S AR;; NDI fl(.uAI~E OP flNH 16-96 Have you provided more than $340 (or an ilem of equivalent value} to an official" of the City of Chula Vista in the past iweNe (12) months? (Phis includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes ~ No 3~Y Person i5 defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination ailing as a unit. *" Official includes, but is not Ilmited to: Mayor, Counml member, Chula Vista Redevelopment Corporation member, Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members. September 8, 2006 16-97 Date: l~ Ili 7 ~~l i nature ontr ct /Applicant Print or type name of ContractodApplicant ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-09-09, AMENDING ZONING MAP OR MAPS ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRICT AND ADOPT PRECISE PLAN STANDARDS FOR EXCEPTIONS TO PARKING AND SIGN STANDARDS PERMITTED IN CURRENTLY ZONED C-C, CENTRAL COMMERCIAL DESIGNATION, FOR 9.9 ACRES AT THE NORTHWEST CORNER OF NORTH FOURTH AVENUE AND "C' STREET I. RECITALS A. Project Site WHEREAS, the area of land that is the subject matter of this Ordinance consists of approximately 9.9 acres and is located at the northwest comer of North Fourth Avenue and "C" Street ("Project Site"). The Project Site is commonly known as Target, and it is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference; and B. Project; Application for Discretionary Approval WHEREAS, a duly verified application was filed with the Development Services Department on November 12, 2008 by Tazget, Inc. ("Applicant"), requesting approval of a zoning modification application to establish the Precise Plan Modifying District and adopt Precise Plan Standazds for the Project Site ("Project"). It is currently zoned CC, Central Commercial; and C. Prior Approvals WHEREAS, the Design Review Committee held an advertised public hearing on June 1, 2009, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing the staff presentation and public testimony, voted 3-0-2-0 to approve DRC 09-15 contingent upon approval of this Ordinance and the Ordinance entering into effect; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 24, 2009, and after hearing the staff presentation and public testimony, voted 5-0-0-2 to recommend that the City Council approve the Project, in accordance with the findings listed below; and 16-98 Ordinance Page 2 WHEREAS, the Development Services Department set the time and place for hearing on said Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 24, 2009, and the minutes and Resolution resulting there from, are incorporated into the record of these proceedings; and E. City Council Record on Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of the hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the heazing; and WHEREAS, the City Council held an advertised public hearing on the Project on July 14, 2009 at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, the City Council considered Mitigated Negative Declaration IS-09-009 together with any comments received during the public review process; and WHEREAS, the Mitigated Negative Declazation and other related materials are located in the Development Services Department and maintained by the custodian of said documents, who is the Director of Development Services; and WHEREAS, all hearings referred to herein, the documents, and related materials constitute the record of proceedings upon which this adoption of the Mitigated Negative Declazation is based; and WHEREAS, after hearing staff's presentation and public testimony, and receiving the recommendation of the Planning Commission, the City Council voted _-_-_ to adopt the Mitigated Negative Declazation, (IS-09-009) and approve the Project, in accordance with the findings listed below. NOW, THEREFORE the City Council of the City of Chula Vista does hereby finds, determines and ordains as follows: A. Certification of Compliance with Califomia Environmental Quality Act (CEQA) The Environmental Review Coordinator has reviewed the proposed Project for compliance with the Califomia Environmental Quality Act and has conducted an Initial Study, IS-09-009, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study,. the Environmental Review Coordinator has determined that the project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where cleazly no significant effects would occur; therefore, the Environmental Review Coordinator has prepazed a Mitigated Negative Declazation, IS-09-009 and associated Mitigation Monitoring and Reporting Program. 16-99 Ordinance Page 3 B. Independent Judgment of the City Council The City Council finds that on the basis of the whole record before it, including the initial study and any comments received, the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and The City Council has exercised their independent review and judgment and concurs with the Planning Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration (IS-09-009), in the form presented, has been prepazed in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and adopts the Mitigated Negative Declazation and Mitigation Monitoring and Reporting Program (IS-09-009). C. The zoning modification of the Project Site is consistent with the City of Chula Vista General Plan, as approved on December 13, 2005, and public necessity, convenience, the general welfare and good zoning practice support the amendment to the Municipal Code. D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to modify the zoning of the Project Site as depicted in Exhibit "A" from the CC (Central Commercial) Zone to the CC-P, Central Commercial Zone with Precise Plan Modifying District, including Property Development Standards as represented in Exhibit B. FINDINGS FOR APPROVAL OF REZONE AND PRECISE PLAN, INCLUDING PRECISE PLAN STANDARDS. Pursuant to Section 19.56.041 of the Chula Vista Municipal Code, the City Council of the City of Chula Vista finds that the following circumstances are evident, permitting the approval of and establishment of the "P" Precise Plan Modifying District on the Project Site: 1. That such use will not under the circumstances of the particulaz case be detrimental to the health, safety or general welfaze of persons residing or working in the vicinity or injurious to property or improvements in the vicinity: Establishing the Precise Plan Modifying District and Precise Plan Standards to guide the redevelopment of the project site furthers the goals and policies of the General Plan regazding "Gateway" locations by helping achieve the contemporazy project design of both the building and site layout. The negligible effects of the requested reduction in parking spaces has been substantiated by a detailed Parking Analysis conducted by Tazget Corporation and additional on-site analysis for this specific location. Because the site is located within a "Primary Gateway" of the City, the Design Review Boazd (DRB) requested that the applicant provide both the City name and City logo on the northernmost monument sign, even though this will require a height above the maximum eight feet allowed per the CVMC. This monument sign will also mazk a newly relocated driveway entrance aimed at reducing congestion off of Brisbane Street to the north. Thus, establishing the precise plan modifying district 16-100 Ordinance Page 4 will not be detrimental to, but help promote the health, safety or general welfaze of persons residing and/or working in the vicinity. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CVMC 19.56,041: The subject property, or the neighborhood or the area in which the property is located, is unique by virtue of topography, geological characteristics, access, confguration, traffic circulation or some social or historic situation requiring special handling of the development on a precise plan basis. The site is unique in that the Chula Vista General Plan identifies the project site as one of only five existing "Primary Gateways" into northwest Chula Vista. In "Gateway" locations, the General Plan places an emphasis on enhanced features and high quality azchitecture design. The proposed redevelopment of the site includes upgrades and enhancements to building design, circulation, and landscaping -all of which will promote the goals and polices of the General Plan regarding Primary Gateway locations. The proposed requested reduction in parking will reduce the azea devoted to asphalt and allow for additional pazking lot landscaping. Specific General Plan polices which will be achieved by the proposed redevelopment include the following: • Policy LUT 8.8 "encourage the upgrading, beautiftcation, and revitalization of existing strip commercial areas and shopping center. " The existing older commercial center will be razed, the site re-graded, and an upgraded modem commercial center designed with principles of sustainability will be constructed; • Policy LUT 9.1 "create consistent entry features for City entryways and gateways so people recognize that they are entering Chula Vista ". The requested precise plan allowance for an additional monument sign, which exceeds the height limit specified by the CVMC, will allow both the City name and logo to be added to the sign face, thus providing a "Gateway" entry into the City. This was required by the Design Review Board; • Policy LUT 11.2 `promote and place high priority on quality architecture, landscape, and site design to enhance the image of Chula .Vista, and create a vital and attractive environment for businesses, residents and visitors ". The project will feature a contemporary design with a series of features including vertical and horizontal plane articulations and variation in building materials, which result in a high- quality design. The proposed enhanced, modernized design has been described by the City's Design Review Boazd as an example of "excellent design." 16-101 Ordinance Page 5 A unique circulation pattem presently exists on the site that necessitates special treatment through the establishment of a precise plan designation. The site is bordered on the north by Brisbane Street, which demarcates the border between Chula Vista and National City. This is a heavily used roadway with multiple vehicle conflict points that serves as a primary driveway to the exiting Tazget store. In order to re-direct vehicles off of Brisbane Street and improve the on-site circulation pattern, a primary driveway for the site will be constructed near Brisbane Street that will be mazked by a lazge monument sign. Regulatory flexibility with regard to pazking and signage is needed in order to establish an on-site circulation pattern that is both efficient and safe. 3. That any exceptions granted, which may deviate from the underlying zoning requirements, shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district. The requested Rezone is to add a Precise Plan Modifying District to the existing zoning designation. This, in turn, will allow a precise plan to be approved that is site specific, allowing for the establishment of a pazking standazd that is different from the existing standazd of 5 spaces per 1,000 squaze-foot ratio required by the CVMC. The reduction of 74 spaces from the 608 spaces required pursuant to the CVMC will allow for a reduction in amount of impervious area otherwise necessazy to accommodate the 608 spaces, storm water filtration, and provide for additional landscape area. This parking reduction will further the goals and policies of the General Plan regazding "Gateway" locations by helping achieve the contemporazy project design of both the building and site layout. As designed, the project will full comply with NPDES requirements. Public transit is also available with an existing bus stop along the North Fourth Avenue street frontage. Buses generally run every 15 minutes along North Fourth Avenue with an existing bus stop along the street frontage. Parking reduction is also offset by this availability of public transit. The existing Target facility contains 474 pazking spaces, which, based upon the existing size of the building, results in an existing parking ratio of 4 spaces per 1,000 square-feet. Taking into account the difference in building size, this ratio is similaz to the applicant's proposed pazking ratio of 3.87 spaces per 1,000 square-feet. Both of these ratios aze less than that currently required by the Chula Vista Municipal Code (CVMC). The pazking standazd required by the CVMC is a generic requirement for retaiUcommercial establishments and is not necessazily representative of the unique characteristics of an individual retail chain. Different retailers have different shopper characteristics. The merchandising and demographics of one store may yield frequent customer visits with lower sales per visit. The same size building operated by a different retailer may see fewer total customers but have higher sales per visit. The proposed reduction in pazking is supported by a Parking Assessment study titled "Updated Parking Assessment for Target Store Chula Vista (North), California" 16-102 Ordinance Page 6 prepazed for the project by KHA on Januazy 22, 2009. This analysis provides a refinement of the generic parking ratio required by the CVMC and is based lazgely upon a national parking study prepazed by Tazget. This study assessed actual pazking usage for 80 Tazget stores at locations throughout the country, including stores in California. The study concluded that the parking requirement for a prototypical Tazget store, like the one being proposed for Chula Vista, requires roughly 505 pazking spaces, or a ratio of 3.6 spaces per 1,000 square-feet. In order to further validate the proposed pazking ratio, an on-site parking count was conducted by KHA on December 20, 2008, at the existing Tazget Store on-site. This date was selected since it was the last weekend before Christmas and typically the busiest shopping day of the year. The peak pazking demand was 258 occupied parking spaces. This generates a ratio of 2.46 spaces per 1,000 square-feet. The requested reduction in pazking will allow parking to be more consistent with actual demand level. The applicant proposes a total of three freestanding signs (one pylon blade and two ground-mounted) for this "Gateway" location, which includes exceeds by one the number of signs allowed by the CVMC. All three of the proposed signs will be placed along the North Fourth Avenue frontage. The two monument signs will be located at the northern and southern edge of the frontage (at the corner of North Fourth Avenue and "C" Street), with the pylon sign to be located in-between, neaz the location of the existing pylon sign along North Fourth Avenue, at the main driveway. Because all three signs will be placed along a single frontage, the distance sepazating each sign will be less than the 500 foot distance required per the CVMC. The proposed monument signs will be placed at key locations both to incorporate "Gateway" signage as well as mark the main driveway entrances to the site. The northernmost monument sign will be located at the site's north driveway, which is one of the primazy entrances into the site. This driveway has been situated to attract primary vehicular traffic and relieve congestion off of Brisbane Street. The northern sign will incorporate both the City name and logo onto the sign face. With the exception of the proposed northernmost monument sign, the proposed sign heights and sign areas will be within the maximum allowed by the CVMC. The northern monument sign would be 12 feet high, which exceeds the 8-foot maximum allowable. In addition, the azea of the northern sign would be approximately 70 sq. ft., which exceeds the 50 sq. ft. maximum. The primary reason for this additional height and sign azea is to allow the applicant the necessary space to include both the City name and City logo. It should be noted that at the DRB hearing of June 1, 2009, the applicant proposed a sign containing only the City name, and a sign height of 10 feet. The DRB conditioned the project to allow additional flexibility to the sign height in order for it also to also the City logo. The request for height and sign azea exceptions would facilitate implementation of General Plan Policy LUT 9.1 which is to "create consistent entry features for City entryways and gateways so people recognize that they are entering Chula Vista." 16-103 Ordinance Page 7 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The increased flexibility inherent in the Precise Plan Standazds will guide the development or redevelopment of the project site will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized azea and enhanced storm water treatment. This is consistent with the goals and policies of the adopted General Plan. F. The Precise Plan and Precise Standards as depicted in Exhibits B aze adopted and are supported by the required findings (CVMC Section 19.56.041), as outlined above. II. APPROVAL OF ZONE MODIFICATION The City Council of the City of Chula Vista does hereby approve the rezone to establish the Precise Plan Modifying District and adopts Precise Plan Standards for the Project Site as represented in Exhibit "B". III. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Gary Halbert, PE, AICP Director of Development Services/ Deputy City Manager Exhibits: Exhibit A: Zone Modification Map Exhibit B: Precise Plan Standards 16-104 R3 '' - \m~IL N~ i ~ I atora~ pity i Z t0 0\ Gh~~a ~~' IAA'®~®$~[B ~i ~; \ Z®®@® vm~, CC CCP \ \ IL ~ CCP ~~- R3 c R3 R1 R3GD ~i 0 I R3 \1/~ an of CHUTA VISTA EXHIBIT A 40 N. Fourth Ave; Proposed Zone "CCP" NORTH Parlcine Reggired Standazd = 514 Compact = 20 534 Fr eestandin2 SiQnage allowed Number of signs: A total of 3 freestanding signs consisting of 1 pylon and 2 monument signs Maximum height of nylon sign: 30 feet Maximum height of'monument suns: 8 feet (southem) 12 feet (northern) Maximum sign azea of'monument signs 70 squaze feet (nozthern) 50 square feet (southern) Maximum distance between nylon and monument sign 265 feet 16-106 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: CONSIDERATION OF APPROVAL OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 15.60 ABANDONED RESIDENTIAL PROPERTY REGISTRATION ORDINANCE. SUBMITTED BY: REVIEWED BY DEPUTY C TY MANAGER/DIRECTOR OF DEVELOPMENT SERVICE CITY MANAGER 4/STHS VOTE: YES NO BACKGROUND Staff recommends that this public hearing be continued to a date uncertain. /~ ~n~- CITY COUNCIL ~ -' AGENDA STATEMENT ®_~ ;~ ~~ CITY OF CHULA VISTA JULY 14, 2009, Item ~ 1~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE CHULA VISTA TOURISM MARKETING DISTRICT (CVTMD) AND DIRECTING THE CITY CLERK TO TAKE ALL NECESSARY ACTIONS TO LEVY THE ASSESSMENTS SUBMITTED BY: DEPUTY CITY MANAGER /DEVELOPMENT SERVICES DIRECTORS{, ~~(/f REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ~ NO ^X SUMMARY The Chula Vista Chamber of Commerce (CVCC) and the Chula Vista Convention and Visitors Bureau (CVCVB), working with lodging and business owners and members of the business community, have prepared a plan for the formation of Chula Vista Tourism Marketing District (CVTMD) which will levy aself-assessment on motel and hotel rooms. The CVTMD will create a source of funding for renewed operation of the Convention and Visitors Bureau and for expanded promotion of tourism opportunities in the City. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the CEQA Guidelines; therefore, pursuant to Section 15060 (c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution if no majority protest exists. 18-1 Meeting Date 07/14/09 Page 2 BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION The Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes cities to establish property and business improvement districts for the purposes of promoting tourism. The Chula Vista Chamber of Commerce (CVCC) and the Chula Vista Convention and Visitors Bureau (CVCVB) composed of lodging business owners, members of the business community and representatives from the City of Chula Vista have met to consider the formation of the Chula Vista Tourism Mazketing District (CVTMD). The purpose of CVTMD is to levy and collect assessments on lodging businesses within the proposed CVTMD boundaries pursuant to the Property and Business Improvement District Law of 1994. The CVCC and the CVCVB has drafted a Management District Plan which sets forth the proposed boundary of the CVTMD, a service plan and budget, and a proposed means of governance. The Management District Plan satisfies all requirements of Streets and Highways Code § 36622 A majority of the lodging business owners subject to assessment proposed in the Management District Plan, that will pay more than fifty (50) percent of the assessment have signed and submitted petitions to the City Council in support of the formation and establishment of the CVTMD Business Improvement Districts represent an innovative approach to business promotion and service delivery. BIDs have traditionally been established by groups of local business and/or property owners to improve specific business areas through increased promotion, beautification efforts, increased maintenance, special events and other activities determined by the local BID boazd. Funding for these activities is derived from assessments paid by the members of the BID. Under the proposed CVTMD, an assessment of 2.5% will be levied on short-term gross room rental revenues for lodging businesses. All existing lodging businesses in the City will be subject to the assessment. New lodging businesses opening subsequent to the formation of the CVTMD will also be subject to the assessment. Under applicable state law, the CVTMD will have a five (5) yeaz term unless renewed pursuant to Streets and Highways Code 36660. Renewal will require a return to City Council and will follow the same procedures used to establish the original CVTMD. Any request for renewal at that time would be reviewed under both the business promotion needs, and the general Ciry needs existing at the time of the renewal request. The CVTMD will have three zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center. Zone 2 shall include all azeas west of Interstate 5. Zone 3 shall be comprised solely of the Eastern Urban Center. In Zone 1, the 18-2 Meeting Date 07/14/09 Page 3 monies collected from the special assessment will go to the CVCC, which will serve as the CVTMD Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected may be used to fund capital improvements or to provide revenues for debt service if Council chooses to issue capital infrastructure bonds for capital improvements, the remaining 0.5% will go to Owners' Association. Until and unless bonds aze issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and be used in the same way as monies collected in Zone 1. If bonds aze issued, the assessment may continue to be levied until the maximum maturity of the bonds. Assessments used to repay bond debt shall have a term of 30 yeazs. Annual assessment rates are 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. The District shall have three zones. Zone 1 shall include the azea of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center. Zone 2 shall include all hotels and motels west of Interstate 5. Zone 3 shall include all hotels and motels in the Eastern Urban Center. The Eastern Urban Center is bound by State Route 125 to the west, Birch Road to the-north, Eastlake Parkway to the east and the future extension of Hunte Parkway to the south. Bonds may be issued in Zone 2 and Zone 3. In Zone 1, the monies collected from the special assessment will go to the Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towazds capital improvements, and the remaining 0.5% will go to Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be used to repay a capital infrastructure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and used in the same way as monies collected in Zone 1. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at RV pazks and campgrounds within the Boundaries of the CVTMD shall not be assessed. The assessments levied for the CVTMD shall be applied towazd the operation of the Chula Vista Visitor's Information Center, sales promotion and mazketing programs to market Chula Vista as a tourist, meeting and event destination, and other capital improvements as set forth in Streets and Highways Code § 36610. The assessments will also be used to fund 50% of a Graphic Designer City staff position, which will provide a continuation of support for marketing and promotion programs for the CVCC and CVCVB. Funds remaining at the end of any yeaz may be used in subsequent years in which CVTMD assessments are levied as long as they are used consistent with the requirements of this resolution. Approval of the attached resolution is the fmal action required for the formation of the Chula Vista Tourism Marketing District. State law requires that prior to this final action, the City first declared its intent to establish the district and levy the assessment and establish the date and time for a public meeting (completed May 12, 2009 and May 26, 2009). During tonight's public hearing concerned parties aze provided an opportunity to provide testimony regarding the formation of the CVTMD. If written protests aze received from owners of businesses in the proposed area which would pay fifty percent (50%) or more of the assessments to be levied (a majority protest), no further Council action is required and the resolution would be withdrawn. 18-3 Meeting Date 07/14/09 Page 4 of 4 If the City Clerk has determined that there was no majority protest, Council may consider adoption of the resolution establishing the CVTMD. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT There will be no fiscal impact to the City's General Fund as a result of this action. ONGOING FISCAL IMPACT There will be no fiscal impact to the City's General Fund as a result ofthis action. ATTACHMENTS 1. Chula Vista Tourism Mazketing District, Management District Plan 2. Chula Vista Tourism Mazketing District -Petition Prepared by.' Denrry Srone, Economic Development Officer, Development Services 18-4 Attachment 1 CHULA VISTA TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN Submitted to-the Chula Vista Chamber of Commerce And the Chula Vista Convention and Visitors Bureau Apri128, 2009 by Downtown Resources ~u ~ ~~Q 3 ~, ,. :: 4 .... 1. 18-5 CHULA VISTA TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS I. INTRODUCTION AI~'D OVERVIEW ...........................................................................2 II. WHY A TOURISM MARKETING DISTRICT FOR CHUZA VISTA? .......................4 III. WHAT IS A TOURISM MARKETING DISTRICT? ....................................................5 IV. CHULA VISTA TOURISM MARKETING DISTRICT BOUNDARY ........................6 V. SERVICE PLAN AND BUDGET ..................................................................................7 VL TOURISM MAKERTING DISTRICT GOVERNANCE .............................................10 APPENDIX 1 -THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 ..............................................................................................................1 1 APPENDIX 2 -LODGING BUSIlVESSES TO BE ASSESSED WITHIN CHULA VISTA TMD .........................................................................................................................................21 Chula Vista Tourism Marketing District Management District Plau Page 1 18-6 I. INTRODtiCTION AND OVERVIEW Developed by the Chula Vista Chamber of Commerce (CVCC) and the Chula Vista Convention and Visitors Bureau (CVCVB), the Chula Vista Tourism Mazketing District (CVTMD) is a benefit assessment district proposed to help fund marketing and sales promotion efforts for Chula Vista lodging businesses, and to pay for capital infrastructure west of Highway 5 and within the Eastern Urban Center. This approach has been used successfully in other destination azeas throughout the country to improve tourism and drive additional room nights. Location: The proposed CVTMD includes atl lodging businesses located within the boundaies of the city of Chula Vista. Services: Marketing and sales promotions to increase tourism and to market Chula Vista as a tourist, meeting and event destination. Budget: The total CVTMD budget for yeaz one of its five (5) year operation is a base of approximately $650,000. Cost: Annual assessment rates are 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. The District shall have three zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center. Zone 2 shall include all hotels and motels west of Interstate 5. Zone 3 shall include all hotels and motels in the Eastem Urban Center. The Eastern Urban Center is bound by State Route 125 to the west, Birch Road to the north, Eastlake Pazkway to the east and the future extension of Hunte Pazkway to the south. Bonds may be issued in Zone 2 and Zone 3. In Zone 1, the monies collected from the special assessment will go to the Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capital improvements, and the remaining 0.5% will go to Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be used to repay a capital infrastructure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, azry funds collected in these zones will go to the CVCC and used in the same way as monies collected in Zone 1. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at RV pazks and campgrounds within the Boundaries of the CVTMD shall not be assessed. Formation: TMD formation requires submittal of petitions from lodging businesses .representing more than 50% of the total annual assessment followed by a City Council hearing and an opportunity for a written protest. The assessed lodging business owners will receive notice of the public hearing by mail. If there is a majority written protest, the TMD will not be formed. Chula Vista Tourism Markefing District Management District Plan Page z ~8-~ Duration: The proposed District CVTMD will have afive-yeaz life. The assessments used to repay bond debt shall have a term of 30 yeazs. The CVTMD assessment will be implemented beginning July 15, 2009. Once per year there is a 30 day period in which owners paving more than 50% of the assessment may protest and terminate the district. Chula Vista Tourism Marketing District Management District Plan Page 3 18-8 II. VVHY A TOL`RISM MARKETING DISTRICT FOR CHULA VISTA? There aze several reasons why now is the right time to form a Tourism Mazketing District in Chula Vista; the most compelling reasons are as follows: I. The Need to Increase Occupancy The formation of the CVTMD is a proactive effort to provide supplemental funding beyond that provided by the City of Chula Vista. The funding ensures the CVCC and the CVCVB have adequate financing for the investment required to increase occupancy in the lodging industry and reach competitive in the conference segment of the tourism mazket. The investment will cover an expanded marketing and promotional budget needed to reach this market segment. 2. An Opportunit}~for Increasing City Tax Revenues As occupancy rates increase, so too will the City's TOT revenue. With stable public/private funding for the CVCC and the CVCVB, annual occupancy rates should increase sit°ruficantly as the new mazketing and sales promotion programs are implemented. Greater occupancy will also produce an increase in sales tax revenues from tourist spendins. This represents a substantial return to the City. The formation of a CVTMD in partnership with the CVCC and the CVCVB creates a stable funding source tied directly to tourism promotion 3. The Abilit)~ to Grow the Economp without Substantial Development The CVCC and the CVCVB expect to achieve the above levels of revenue growth without a proportionate increase in the "footprint" of the tourism industry infrastructure. Little or no development should be required to raise average occupancy rates. Any development required to raise occupancy rates even more should be relatively minor in scope compazed to the existing facilities. 4. The Opportunity to Fund Infrastructure TI'est of Highway 5 and within tlae Eastern Urban Center The CVTMD will utilize 2% of the total gross revenues to repay a capital infrastructure bond. These bond monies will be used to construct needed improvements west of Interstate 5 and within the Eastem Urban Center. Chula Vista Tourism Marketing District Management District Plan Page 4 18-9 III. WHAT IS A TOURISM MARKETING DISTRICT? Tourism Mazketing Districts (TMDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. Tourism Mazketing Districts allow lodging and tourism-related business owners to organize their efforts to increase tourism. Tourism-related business owners within the district fund a TMD, and those funds aze used to provide services that the businesses desire and that benefit the lodging businesses within the District. Tourism Marketing District sen~ices may include, but are not limited to: - Operation of the Chula Vista Visitor Information Center - Marketing of the Area Tourism Promotion Activities 7 Sales Lead Generation i Infrastructure Financing In California, Tourism Mazketing Districts aze formed pursuant to the Property and Business Improvement District Law of 1994 (PBID Law). This law allow for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other special benefzt assessment disn~icts is that funds raised are returned to the private non profit. corporation governing the district. There are many benefits to Tourism Marketing Districts: i Funds cannot be diverted for other government programs; i Tourism Marketing Districts are customized to fit the needs of each tourism district; v They allow for a wide range of services, including those listed above; Tourism Marketing Districts are designed, created and governed by those who will pay the assessment; The statute requires petition support from lodging businesses paving over ~0% of the annual proposed assessments; - They provide a stable funding source for tourism promotion. The Property and Business Improvement District Law of 1994 (AB 3754), as amended January 1, 2009, is provided in Appendix 1 of this document. Chula Vista Tourism Marketing District Management District Plan Page 5 18-10 IV. CHLZA VISTA TMD BOUND_~RY The Chula Vista TMD will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the city of Chula Vista. The boundary currently includes 23 lodging business. Please see the map below. A larger map is available on request by calling (619) 420-6603. _~~- _ - ~ _, .a. r _~r:~~ .._, Zone 2 - ~ ~ 1... ` ' ' , 4 ~ JL 4~~~*~+~. ~'-V~'~`+~N~~ Y1~s~iA ~,~''J `t.~.r 11y f ~*~ ''r y. Zcne 1 ', r _ f ~, ~ .~s ~ i .: ~J ~ ca,,~.~ ~._ `~ - ~ ~ t ~- ~~ f _ --t ~~ ~ > ;-,_~; ~ ~: Chula Vista Tourism Marketing District Management District Plan Page 6 18-11 SERVICE PLAN AND BUDGET A. Assessment The Tourism Mazketing District annual assessment rates aze based upon 2.5% of gross short term (stays less than 31 days) room rental revenue per night for hotels or motels. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on benefits received, stays at RV pazks and campgrounds within the boundaries of the CVTMD shall not be assessed. Bonds may be issued The amount of assessment, if passed on to each transient, shall be sepazately stated from the amount of rent chazged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. B. Determination of Special Benefit State law provides that the expenses of the district shall be apportioned in proportion to the benefit received by assessed businesses. A special benefit is defined as a particulaz and distinct benefit over and above general benefits confesed on the public at lazge. Conversely, a general benefit is a benefit to businesses in the surrounding community or a benefit to the public in general resulting from the improvement, activity or service to be provided by the assessment levied. Many general benefits to the public at lazge aze conveyed by municipal services, such as fire protection, police services and public transit services. These services are targeted to serve the public at lazae and do not confer special benefits on particulaz businesses. The services in this Management District Plan aze designed to provide targeted services to lodging businesses. These services aze tailored. not to serve the general public, but rather to serve the specific lodging businesses within the District, e.g., the proposed activities are specifically tazgeted to increase room nights for assessed lodging businesses within the boundaries of the District, and aze narrowly tailored. TMD funds will be used exclusively to benefit the assesses. The activities paid for from assessment revenue are lodging business services creating special benefit to those businesses. In addition, these activities aze not for the benefit of the general public and do not provide general benefit as defined above. All general benefits (if any) to the surrounding community and general public are intangible and unquantifiable. It is appropriate that these special business-related benefits be funded through business assessments. C. Time and Manner for Collecting Assessments The CVTMD assessment will be implemented beginning July 15, 2009 and will continue for five yeazs. The assessments used to repay bond debt shall have a term of 30 yeazs. The City of Chula Chula Vista Tourism Marketing District Management District P-an Page 7 18-12 Vista will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in that the boundaries of the TMD. Assessments shall be collected monthly and the City shall take all reasonable efforts to collect the assessments from each lodging business. The City of Chula Vista shall forwazd the assessments to the CVCC which will have the responsibility to manage the TMD programs as provided in the Management District Plan. D. Service Plan Budget and Programs to be Provided: Service Plan Budget Summary- Calendar Years 2009-2014 The summary of the calendaz yeaz 2009 (year one) service plan budget for the CVTMD is provided on the following pages. The total five year improvement and service plan budget is projected at approximately $650,000 annually, or $3.25 million through 2014. E. Annual Service Plan: A service plan budget has been developed to deliver service levels throughout the District. An annual service plan and budget will be developed and approved by the CVCC Board. Please see the budget exhibit below. The budget also includes a portion for contingencies and renewal of the District. Should the CVCC Boazd approve, funds may be appropriated for the renewal effort. If there are funds remaining at the end of the District term and lodging businesses choose to renew, these remaining funds could be transferred to the renewed District. If there are funds remaining at the end of the District and lodging businesses choose not to renew, any remaining funds will be spent consistent with this Plana Chula Vista Tourism Marketing District Management District Plan Page 8 18-13 Chula Vista Tourism Marketing District Annual Budget, Year One Chula Vista Tourism Marketing District Management District Plan Page 9 18-14 V. BID GOVERNANCE A. Chula Vista Tourism Marketing District Corporation Governance The CVCC will serve as the Owners' Association for the CVTMD. The CEO of the CVCC will be charged with the day-to-day operations of the Tourism Marketing District. Chula Vista Tourism Marketing District Management District Plan Page 10 18-15 APPENDIX 1-THE PROPERTY AND BUSIIV"ESS IMPROVEMENT DISTRICT LAW OF 1994 STREETS AND HIGHWAYS CODE SECTION 36600 et seq. As Amended.Tanua~yl, 2009 Declazations 36600. This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." 36601. The Legislature finds and declares all of the following: (a) Businesses located and operating within the business districts of this state's communities aze economically disadvantaged, are underutilized, and aze unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of the business distracts of its cities in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particulaz local benefit to allow cities to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that benefits from those improvements. (d) Assessments levied for the purpose of providing improvements and promoting activities that benefit real property or businesses aze not taxes for the general benefit of a uty, but aze assessments for the improvements and activities which confer special benefits upon the real property or businesses for which the improvements and activities aze provided. 36602. The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within a business unprovement azea. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements ox activities or the raising of revenue for these purposes. 36603. Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Any provision in this part that conflicts with any other provision of law shall prevail over the other provision of law. 36604. This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part aze not special taxes. Chula Vista Tourism Markefing District Management District Plan Page 11 18-16 Definitions 36606. "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a propem and business improvement district. 36607. "Business" means all types of businesses and includes financial institutions and professions. 36608. "City" means a city, county, city and county, or an agenry or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only uties, counties, or a city and county. 36609. "Cit3- council" means the city council of a city ox the board of supervisors of a county, or the agency, commission, ox board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36610. "Improvement" means the acquisition, construction, installation, or maintenance of any tangible propem udth an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) bighting and heating facilities. (e) Decorations. (~ Pazks. (~ Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and propert~~ within thearea. (k) Ramps, sidewalks, plazas, and pedestrian malls. (1) Rehabilitation or removal of existing structures. 36611. "Propert< and business improvement district," or "distract," means a property and business improvement distract established pursuant to this part. 36612. "Property" means real property situated within a distract. 36613. "Activities" means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses or real property in the district. (b) Furnishing of music in any public place within the distract. (c) Promotion of tourism within the distract. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing securify, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Activities which benefit businesses and real property located in the district. 36614. "Management distract plan" ox "plan" means a proposal as defined in Section 36622. Chula Vista Tourism Marketing District Management District P-an Page 12 18-17 366145. "Cwvners' association" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management distract plan. An owners' association may be an e~sting nonprofit entity ox a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials fox any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of D1~151on 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heazd, discussed, ox deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Tide 1 of the Government Code), for all documents relating to activities of the district. 36615. "Property owner" or "owner means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. The city council has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the propertc owner shall be sufficient. 36616. "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. Prior Law 36617. This part provides an alternative method of financing certain improvements and activdties. The pro~zsions of this part shall not affect or limit any other provisions of law authorizing ox pro«ding for the furnishing of improvements or activities ox the raising of revenue for these purposes. Every improvement azea established pursuant to the Pazking and Business Improvement Area Law of 1989 (Part 6 (commencing c~zth Section 36500) of this division) is valid and effective and is unaffected by this part. Establishment 36620. A propem~ and business improvement distract may be established as provided in this chapter. 36620.5. A county may not form a distract a-ithin the territorial jurisdiction of a city without the consent of the cit3~ council of that city. A city may not form a district within the unincorporated territorc of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 36621. (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council mac initiate proceedings to form a district by the adoption of a resolution eepressing its intention to fozm a district. The amount of assessment attributable to property ox a business owned by the same property or business owner that is in excess of 40 percent of the amount of all Chula Vista Tourism Marketing District Management District Plan Page 13 18-18 assessments proposed to be levied, shall not be included in detem+ini.,g whether the petition is signed by propem or business oa-ners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of propertc or business owners required under subdi~dsion (a) shall include a summan of the management distract plan. That summary shall include all of the following: (1) A map showing the boundaries of the distract. (2) Information specifying where the complete management distract plan can be obtained. (3) Information specifying that the complete management district plan shall be famished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 366_3. 36622. The management distract plan shall contain all of the following: (a) A map of the district in sufficient detail to locate each parcel of property and, if businesses aze to be assessed, each business within the district. (b) The name of the proposed disvict. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed fox establishment or extension in a manner sufficient to identify the affected lands and businesses included. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a distract created pursuant to this pazt to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment distract created pursuant to this part to overlap with a propem assessment distract created pursuant to this part. (d) The improvements and activities proposed for each yeaz of operation of the distract and the maximum cost thereof. (e) The total annual amount proposed to be expended for improvements, maintenance and operations, and debt serrice in each yeaz of operation of the distract. (~ The proposed source or sources of financing, including the proposed method and basis of lecgirtg the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of yeazs in which assessments will be levied. In a new district, the maximum number of years shall be five. upon renewal, a distract shall have a term not to exceed 10 yeazs. Notcznthstanding these limitations, a distract created pursuant to this part to finance capital improvements with bonds may ley-y~ assessments until the maximum maturity of the bonds. The management district plan mae set forth specific increases in assessments for each pear of operation of the district. Chula Vista Tourism Marketing District Management District Plan Page 14 18-19 (i) The proposed time for implementation and completion of the management distract plan. (j) Any proposed rules and regulations to be applicable to the district. (k) A list of the properties or businesses to be assessed, including the assessoi s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a distract will be imposed upon benefited real property or businesses, in proportion to the benefit received by the propem ox business, to defray the cost thereof, including operation and maintenance. The plan may provide that all or any class or category of real property which is exempt by law from real propert3~ taxation mac nevertheless be included within the boundaries of the district but shall not be subject to assessment on real property. (1) Any other item or matter required to be incorporated therein by the city council. 36623. (a) If a city council proposes to le«- a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest map be made orally or in writing by any interested person. Ecery written protest shall be filed with the Berk at ox before the time fixed for the public hearing. The cin~ councIl may waive anc isegularaty in the foun or content of any written protest. A written protest map be withdrawn in writing at any time before the conclusion of the public heating. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city- as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the oa*nu of the business. A written protest which does not comply with this section shall not be counted in dete+**~;n;ng a majority protest. If written protests aze received from the owners of businesses in the proposed district which will pay 50 percent or more of the assessments proposed to be levied and protests aze not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken fox a period of one yeaz from the date of the finding of a majority protest by the cite council. 36624. At the conclusion of the public hearing to establish the district, the city councIl may adopt, revise, change, reduce, or modify the proposed assessment ox the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council map only make changes in, to, or from the boundaries of the proposed property and business improvement distract that will exclude territory that will not benefit from the proposed improvements or activities. An}- modifications, recisions, reductions, or changes to the proposed assessment distract shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. (a) If the city council, following the public hearing, decides to establish the proposed property and business improvement district, the city council shall adopt a resolution of formation that shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement about whether bonds will be issued, and a description of the exterior boundaries of the proposed distract. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generaIle identify the nature and extent of the improvements and acti~dties and the location and extent of the proposed district. Chula Vista Tonrism Marketing District Management District Plan Page 15 18-20 (2) The number, date of adoption, and tide of the resolution of intention. (3}The time and place where the public hearing was held concerning the establishment of the district. (4) A deteunination regarding any protests received. The dtc shall not establish the district or levy assessments if a majority protest was received. (S) A statement that the properties or businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements and activities to be provided in the district will be funded by the le~~- of the assessments. The revenue from the levy of assessments within a distract shall not be used to pro~ride unprovements or activities outside the distract or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing conceming establishment of the district. (7) A finding that the property or businesses within the azea of the property and business improvement district will be benefited by the improvements and activities funded by the assessments proposed to be leaned. (b) The adoption of the resolution of formation and recordation of the notice and map pursuant to Section 36637 shall constitute the lev5• of an assessment in each of the fiscal yeazs referred to in the management distract plan. 36626. If the city council, following the public hearing, desires to establish the proposed property and business improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the distract. The resolution shall contain all of the information specified in paragraphs (1) to (8), inclusive, of subdivision (b) of Section 36625, but need not contain information about the preliminarc resolution if none has been adopted. 36627. Folloa°ing adoption of the resolution establishing the distract pursuant to Section 36625 or 36626, the clerk of the citj- shall record a notice and an assessment diagram pursuant to Section 3114. If the assessment is levied on businesses, the test of the recorded notice shall be modified to reflect that the assessment will be levied on businesses, or specified categories of businesses, within the azea of the distract. No othu provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. The city council man establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be pro«ded anthin the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be pro~nded within the district and may impose a different assessment or rate of assessment on each category of business, ox on each category of business within each zone. 36628.5. The city council mac levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner if determines corresponds with the distribution of benefits from the proposed improvements and activities. 36629. All provisions of this part applicable to the establishment, modification, ox disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The cl~, council shall, to establish, Chula Vista Tourism Marketing District Management District Plan Page 16 18-21 modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a parking and business improvement azea. 36630. If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management distract plan map be created and a new distract established pursuant to this part. Assessments 36631. The collection of the assessments levied pursuant to this pazt shall be made at the time and in the manner set forth by the city council in the resolution establishing the management district plan described in Section 36622. Assessments levied on real property may be collected at the same tune and in the same manner as fox the ad valorem propem tax, and mad provide for the same lien priority and penalties fox delinquent payment. All delinquent payments for assessments levied pursuant to this part shall be chazged interest and penalties. 36632. (a) The assessments levied on real propert~~ pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The uty council may classify properties for purposes of dete***>;n+ng the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of deter*nin;ng the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, aze conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. 36633. The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution lev ;ving the assessment is adopted pursuant to Section 36626. Anv appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. The cih~ council may execute baseline service contracts that would establish levels of city services that would continue after a property and business unprovement district has been formed. 36635. The owners' association may, at any time, request that the city council modify the .. management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. (a) Upon the written request of the owners' association, the city council may modify the management district plan afrer conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution deter*n;.,;.,g to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public meeting. Chula Vista Tourism Marketing District Managemeut District Plan Page 17 18-22 (2) A complete copy of the resolution of intention shall be mailed be first class mail, at least 10 days before the public meeting, to each business owner or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification poor to the public heating required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36657. Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. Financing 36640. (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 3662.7, $ the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (_Ardde 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 maybe modified by the cit<~ council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of fosnation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal yeazs during which they aze to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 yeazs. (c) Notwithstanding any other provision of this part, assessments leaned to pay the pnncipat and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. Governance 36650. (a) The owners' association shall cause to be prepazed a report for each fiscal year, except the first year, for which assessments are to be le~zed and collected to pay the costs of the improvements and activities described in the report. The owners' association`s fast report shall be due after the first yeaz of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the propem and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of pxopert}', including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement distract by name, specify the fiscal year to which the report applies, and, arith respect to that fiscal yeaz, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement distract ox in any benefit zones on classification of property or businesses within the district. (2) The improvements and activities to be provided for that fiscal veaz. (3) An estimate of the cost of providing the vnpxovements and the activities for that fiscal yeaz. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal yeaz. Chula Vista Tourism Marketing District Management District Plan Page 18 18-23 (5) The amount of any surplus or deficit revenues to be carved over from a previous fiscal yeaz. (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve. the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Anc modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the distract. 36651. The management district plan may, but is not requited to, state that an owners' association will provide the improvements or activities described in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide serrices. Renewal 36660. (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this chapter. (b) upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed distract includes additional pazcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the pazcels or businesses in the prior distract. If the renewed distract does not include parcels or businesses included in the poor distract, the remaining revenues attributable to these pazcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 yeazs, or, if the distract is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or poor district. Disestablisbment 36670. (a) Any district established or extended pursuant to the provisions of this pan, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the dty council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a s-iolation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assesses may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two yeazs after the date of the establishment of the district. Each successive yeaz of operation of the distract shall have such a 30-day period. Upon the written petition of the owners of real property ox of businesses in the area who pay 50 percent or more of the assessments levied, the city coundl shall pass a resolution of intention to disestablish the distract The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each pazcel or to the owner of each Chula Vista Tourism Marketing District Management District Plan Page 19 18-24 business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. (a) Upon the disestablishment of a distract, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal yeaz in which the district is disestablished. All outstanding assessment revenue collected afrex disestablishment shall be spent on improvements and activities specified in the management distract plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate poor fiscal yeaz shall be used to calculate the amount of any refund. Chula Vista Tourism Marketing District Management District Plan Page 20 18-25 APPENDIX 2 -LODGING BUSINESSES TO BE ASSESSED WITHIN THE CVTMD: Best Western Chula Vista La Quinta Inn Hazborview Inn 150 Bonita Road 1089 Broadway 946 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91911 (619) 691-1211 (619) 422-2967 (619)691-6868 Ramada Inn Highway Inn Best Western South Bay 91 Bonita Road 70 Broadway Inn Chula Vista, CA 91910 Chula Vista; CA 91910 710 E Street (619) 425-9999 (619) 691-8118 Chula Vista, CA 91910 (619) 420-5183 Travel Inn Mote16 394 Broadway 745 E Street Big 7 Motel Chula Vista, CA 91910 Chula Vista, CA 91910 333 Broadway (619) 420-6600 (619) 422-4200 Chula Vista, CA 91910 (619) 422-9278 Avon Palomaz Inn 99 Broadway 801 Palomar Street Days Inn Chula Vista, CA 91910 Chula Vista, CA 91910 699 E Street (619) 422-6002 (619) 423-9170 Chula Vista, CA 91410 (619) 585-1999 Bay Cities Motel Palomaz Motel 846 Broadway 1160 Walnut Avenue El Primero Botique Hotel Chula Vista, CA 91911 Chula Vista, CA 91911 416 Third Avenue (619) 420-2951 (619) 575-2944 Chula Vista, CA 91910 (619) 425-4486 Comfort Inn & Suites Riviera Motel 632 E Street 372 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Good Nite Inn (619) 476-8635 (619) 422-1987 225 Bay Boulevazd Chula Vista, CA 91910 Early California Travel Inn & Suites (619) 425-8200 692 H Street 235 Woodlawn Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 Holiday Inn Express (619) 425-3862 (619) 427-9170 4450 Main Street Chula Vista, CA 91911 Farmhouse Motel Vagabond Inn (619) 422-2600 523 Amita Street 230 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 (619)422-5568 (619)422-8305 Chula Vista Tourism Marketing District Management District Plan Page 21 18-26 ATTACNt4~,Er~17 Z PETITION TO THI CITY OF CHT~Zy~ ~ZST TO CRE~Z'E ~ TOURISyI vL4RIiETL\'G DISTRICT We petition you to il-utiaie special assessment proceecun~s to create a Tourisn Mzrbeing Dist-ict 1 i D) in accordznce a~ivn the Propery and Business ?mprove~ent D15u ct Law of 1°9~, Sueets and iii=hwags Code Section =6600 ec szq, for ~e punose of underta.'ting and inplernenting the TNID as described in the attached s•~nar,J of the ~lanasement District Plan attached hereto zs Di;;sibit A. Lodains Establishment Business Owner Owner Representative/Ow3er Nave ~pn.~ted) Owner/Renresenttive Si=-;a~e Date 18-27 Exhibit A Summary of the Management District P4an T'ne Management District Plan provides for the provision of sales promotions and market;.as pro~ansror the Chula Vis*a area, and to pay for capitol ir~=rastructure west of Ni_shw-av j and w~thia the Eastern Urban Center. T"ne Chula Vista Tourism ~izrketng Dist-ict (CVT~D) shall be established for j years and w11_I Ilse approximately $6j0,000 per year in assessments. The assessmenu used to pay bond debt shalt have 2 term of 30 years. The boundaries of the C'v~D will be the city 1imiU of C'nula Vista. The C'vI'vID trill only incl-sde hotels zrd ,motels.. `Vithin the boundaries of the CVTtiD there shall be three zones. Zone 1 shall include the area of Chula Vista east of Interstate j with the exception of the Eastern Urban Center. Zone ? steal! include all hotels and motels west of Iatersrate j. Zone 3 shall include all hotels and motels in the Eastern Urban Center. T'ne Eastern Urban Center is bondd by Sate Route i ? j to the weS, Bich Road to the noru4, E3sda'_te Pzrk~vay to the east and the ~ ~rure erensron of Hunte Parkway to the south. Bonds shall be issued i= Zone 2 and Zone 3. A detailed man is anached. $e~zces the CV _! ~ vv-ill orov-ide include `he operation of the Chulz Vista Visitors Information Center, sales promotion and marketing prog~ms desired to mzrket Chula Vista as a tourist, meeting and event desti-*~*ion. In addition, assessment dot=-s w~?i pzy for i,rsuucrse was o_` I~1Phvvav j and wzthia the Easter Urban Center. ?~~ual assessment rates are 2.j% of moss short term (stays less than 31 days) room rental revenue on lodging businesses. Ia Zone 1, the monies collected from the special assessmer_t w11 go to the Owners' Association. L_ Zone 2 and Zone 3; 2.0% of the 2S% collected will go towards capital imnrovemeats, and the remaining O.j°io will go to Owners' Association. At the Council's discretion, t :is ?°i° in assessments collected L Zones ?and 3 may be used to repay a capital inf-astucture bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, an•% 4tnds collected in these zones will go to the CVCG zad iced in the same way as monies collected in Zone 1. Lod~.ng business stays of 01 or more consecu*sve days shill not be zsssessed. 3zsed on the benefit received, s`Ly=_ zt RV par`_zs and campgrounds wi- the Boundaries of *he CVTtiD shall not be assessed. The proposed Dis~ct CVTIVD shall have z fire-yeaz life. 1 ne zssessments used to pzy bond debt wall have a term of .0 year. The CVTI~D zssessmen*. will be implemented be~~n;ng lone 1, 2009. Once per yeaz Caere is a 30 day period in which owners payin; more than j0% of the assessment may erotes and ternunate the por7oa of the disc-ict that is not used to repay bonds. 18-28 ~ complete ti4an:sement Dist-ict Ptan can be obtained by conrac'~ing the Chuiz Visa Chamber of Commerce er-ue Chula Vista Conven*ian ~ Visitor Beau a: The address or ohone number below. ~, complete Ylana;ement D~s~ct Plan sha11_ be isrr~ished upon request" i* you ha"re zny ques'~ions niease contact tts zi: Chulz Vista Chamber of Commeroe Chula Vistz Convention aad Visitors Bureae 233 4th avenue 7~0 r Steet Chula Vise CA ° 1910 Chula Visz, C~ 91910 (~1S)-2G-o60: {6191'=2G-5oC3 lisz!cv.chuiz:istachzmber.er_ Lisa~~chulavistzchacuber.or; 18-29 I f. .4 YI ~~ J \ .. 14 V~` 1 ~. .., : '.. • ~._ , I~ r, ^,~~,~,,,;~ 1 i; a) - !I O 21 [`.~ "r 1~ 4 .~ ... '~ L }s... ~. ... ~ 1 I ~ _... ....~ f ~ _......... `.\ ;~ ~ _ A ~\ ~ j~ .l tit} ~ ~ ~~ I_ ~ •.1 } ~,; _.__ ,. r' ~,. ;. ,. -4 ~~ ~) ~i J L':I ~i~I 4 I i i. 1 5-'~'. .~~.. r° n - 1 I _._..Il- y~ n~ ~ s ` ~ /~ , \ ~- 2 _ -,..- 0 M I RESOLUTION NO. 2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE CHULA VISTA TOURISM MARKETING DISTRICT (CVTMD) AND DIRECTING THE CITY CLERK TO TAKE ALL NECESSARY ACTIONS TO LEVY THE ASSESSMENTS WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et. seq.) authorizes cities to establish property and business improvement districts upon petition by a weighted majority of the lodging business owners located within the boundaries of the district; and WHEREAS, a majority of the lodging business owners subject to assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the Chula Vista Tourism and Mazketing District (CVTMD) have petitioned the City Council to establish the CVTMD; and WHEREAS, the lodging business owners who signed the petitions will pay more than fifty percent (50%) of the proposed assessment; and WHEREAS, included with the petitions was a management district plan summary that describes the proposed assessment to be levied on lodging businesses within the CVTMD to pay for operation of the Chula Vista Visitor's Information Center, sales promotion and marketing activities, and those other improvements set forth in Streets and Highways Code §36610; and WHEREAS, the lodging businesses within the CVTMD will be benefited by the activities and improvements set forth in the management district plan; and WHEREAS, at 6:00 p.m. on May 12, 2009, at 276 Fourth Avenue, Chula Vista, Califomia 91910, the City Council adopted a Resolution of Intention, Resolution No. 2009-115. WHEREAS, the public meeting and public hearing to consider the formation of the CVTMD have been properly noticed in accordance with Streets and Highways Code §36623; and WHEREAS, at 4:00 p.m. on May 26, 2009, at 276 Fourth Avenue, Chula Vista, Califomia 91910, the City Council held a public meeting regarding the establishment of the CVTMD, and the City Council heazd and received objections and protests to the establishment of the CVTMD and the levy of the proposed assessment; and WHEREAS, at 6:00 p.m. on July 14, 2009, at 276 Fourth Avenue, Chula Vista, California 91910, the City Council held a public hearing regarding the establishment of the CVTMD, and the City Council heard and received all objections and protests to the establishment of the CVTMD and the levy of the proposed assessment; and 1 18-31 WHEREAS, the City Clerk has determined that there was no majority protest; and WHEREAS, a majority protest is defined as written protests received from owners of businesses in the proposed azea which would pay fifty percent (50%) or more of the assessments proposed to be levied; and WHEREAS, protests are weighted based on the assessment proposed to be levied on each lodging business. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: Establish the Chula Vista Tourism Marketing District for a five (5) year term wherein: a. The assessments levied for the CVTMD shall be applied towazds sales promotion and marketing programs to market Chula Vista as a tourist, meeting and event destination, and other improvements as set forth in Streets and Highways Code §36610. b. The revenue from the levy of the assessments on lodging businesses within the CVTMD may not be used to provide for activities or improvements outside the CVTMD or for any purpose other than those specified herein and in the Resolution of Intention. c. Assessments levied on lodging businesses pursuant to this Resolution shall be levied on the basis of benefit. Because the services provided aze intended to increase room rentals, an assessment based on room rentals is the best measure of benefit. d. The assessments for the entire District will total approximately $650,000 in year one. e. The activities and improvements set forth will be funded by the levy of an assessment of lodging businesses within the CVTMD as described in the Management District Plan that is on file with the City Clerk. £ Bonds may be issued to fund the CVTMD. g. The boundaries of the CVTMD shall be the boundaries of the City of Chula Vista. Please see the attached map, incorporated herein as Exhibit A. h. The. assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent yeazs in which the CVTMD assessment is levied as long as they aze used consistent with the requirements set forth herein. 2 18-32 i. The assessments to fund the activities and improvements for the CVTMD will be collected at the same time and in the same manner as aze transient occupancy taxes, and in accordance with Streets and Highways Code §36631. j. The Chula Vista Convention and Visitors Bureau (CVCVB) shall be the Owners Association pursuant to Streets and Highways Code §36614.5. k. The CVTMD, pursuant to Streets and Highways Code §36650, shall cause to be prepared a report for each fiscal year, except the first yeaz, for which assessments aze to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first yeaz of operation of the district. 1. Subjects the CVTMD established pursuant to this resolution to any amendments to the Property and Business PBID Law of 1994 (California Streets and Highways Code §36600 et. seq.). BE IT FURTHER RESOLVED that the Council of the City of Chula Vista does hereby: 1. Direct the City Clerk, or his or her designee, to take all necessary actions to complete the establishment of the CVTMD and to levy the assessments. 2. Direct the City Clerk to record in the San Diego County Recorder's Office a notice and assessment diagram, as required by Streets and Highways Code §36627. The text of the recorded notice shall state that the assessment is levied only against lodging businesses within the area of the CVTMD. Presented by: Gazy Halbert, P.E., AICP Deputy City Manager/ Development Services Director 3 18-33 Approved as to form by: ~~~~~ Mayor and City Council "'~- City Of Chula Vista ,~ 27fi Fourth Avenue Chula Vista, Ca 91910 CITY OF 619.fi91.5044-619.476.5379 Fax CHULA VISTA .:,+ .. «» ,+'v.... a°, 7-:. Mme, i ~', .~:-x tea ,. yFx}.~ 'x,. ..$ ;#.,~, y -.+' JUty 1, 2009 TO: Mayor & City Council CC: Lorraine Bennett, Deputy City Clerk Sheree Kansas, Records Specialist VIA: Mayor Cheryl Cox FROM: Jennifer Quijano, Constituent Services Mana e RE: New appointments to the Youth Action Council for the 2009 ! 2010 school year ,gy~yE .s?rr ~ »-. ~!:#{,av. ".v~r; n.. } rv~_ ,aaa_"1, } ;S 's ~ s H v:'i.._`YGex .; M."5:n~ ~ , ~.r.. The below students have been recommended for appointment to the Youth Action Council for the 2009 / 2010 school year. The ratification is scheduled for the July 14, 2009 Council meeting. Should you require additional applicant information, please let me know. Name• Hiqh School: Grade: Elvia Valeria Vera Eastlake High 11`" Felipe Cardenas Bonita Vista 12tH Alicia Cortez Hilltop High 12tH Alexander Salomon Bonita Vista 11 to Meagan Nolan Eastlake High 11tH Kathleen Hoskins High Tech High 11tH Ashley Foz Olympian High 12th Haley Alderete High Tech High 10tH Trey Johnson Calvary Christian 11tH Michael Jimenez Hilltop High 12tH Max Gastelum High Tech High 10tH 2~ G