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Agenda Packet 2000/09/12
I declare under penalty of perjul'y thst I employed by the City of Chula Viltl In the Office of the City Clerk and thai I peltlfl thil document on the I~uiletil~ AGENDASrown SEPTEMBER 12,2000 Dated Yg//~ , CALL TO ORDER ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, LORRAINE ALEXANDER, SECRETARY - FIRE DEPARTMENT · OATH OF OFFICE: INTERNATIONAL FRIENDSHIP COMMISSION - CARMELITA VINSON · RECOGNITION OF THE FIRE DEPARTMENT'S RECENTLY PROMOTED EMPLOYEES CONSENT CALENDAR (Items 1 through 16) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF M1NUTES November 30, 1999 through June 20, 2000. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on August 22, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter from Marmy Ramirez regarding a request for easier bicycle access to Southwestern College through an opening in the wall on Gotham Street. Staff recommendation: The item be referred to staff. C. Letter from James Lissner regarding the cost of Police report copies. Staff recommendation: The item be referred to staff, with an information item to Council on the findings of stafffs research and the proposed action to be taken. D. Letter from Supervisor Greg Cox regarding a proposal to provide the County of San Diego with the land to accommodate a 10,000 square-foot building that would house a new Bonita-Sunnyside Library and an adjoining conference room. Staffrecommendation: The item be referred to staff. 3 A. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) AUTHORIZiNG THE LEVY OF A SPECIAL TAX iN SUCH COMMUNITY FACILITIES DISTRICT (2~qD READING AND ADOPTION) B. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO. 1 (2~r~ READiNG AND ADOPTION) These ordinances authorize the levy of the special taxes and authorize Council, acting as the legislative body of the districts, to annually determine the special taxes to be levied under certain conditions. The ordinances also authorize the collection of the special taxes in the same manner as ad valorem property taxes and are subject to the same procedure and collection schedule. Both ordinances were introduced at the Regular City Council Meeting held on August 22, 2000. (Director of Public Works) Staff recommendation: Council place the ordinances on second reading for adoption. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG $4,701 FROM THE BULLETPROOF VEST GRANT, AMENDiNG THE FISCAL YEAR 2000/2001 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS iN THE AMOUNT OF $4,701 FOR BODY ARMOR (4/5THS VOTE REQUIRED) On May 16, 2000 the Police Department applied for funding for vests under the Bulletproof Vest Program. In July 2000, the Chula Vista Police Department was notified by the Bureau of Justice Assistance that the application was approved. The grant award will partially fund 26 vests; matching funds will come from the Police Department budget. (Chief of Police) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $11,650 FROM THE COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT GANG RESISTANCE EDUCATION AND TRAINING (GREAT) GRANT, AMENDiNG THE FISCAL YEAR 2000/2001 POLICE BUDGET, AND APPROPRIATiNG UNANTICIPATED FUNDS IN THE AMOUNT OF $11,650 FOR OVERTIME AND TRAVEL EXPENSES RELATED TO THE PROGRAM (4/5THS VOTE REQUIRED) Page 2 - Council Agenda 09/12/2000 The County of San Diego Sheriffs Department has received a one-year grant from the U.S. Department of Treasury, Bureau of Alcohol, Tobacco and Firearms to operate a gang prevention program known as Gang Resistance Education and Training (GREAT) for South Bay area schools. The program includes officers fi.om the Chula Vista Police Department. The fimds will be used for overtime and travel expenses related to the program. (Chief of Police) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $1,000 FROM THE COUNTY OF SAN DIEGO'S COMMUNITY PROJECTS PROGRAM, AMENDING THE FISCAL YEAR 2000/2001 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $1,000 FOR MOUNTED PATROL EQUIPMENT (4/5THS VOTE REQUIRED) The Chula Vista Mounted Patrol Voltmteer Unit received an award of $1,000 fi.om the County of San Diego's Community Projects Program. The Comxnunity Projects Program was developed by the County Board of Supervisors to fund local community groups. The funds will be used to purchase and repair equipment for the Chula Vista Mounted Police Volunteer Unit. (Chief of Police) Staff recommendation: Cotmcil adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLINING PARTICIPATION IN THE 1999/2000 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM AND SUPPORTING TRANSFER OF $42,308 FROM THE PROGRAM TO THE COUNTY OF SAN DIEGO TO ENHANCE THE REGIONAL JUVENILE iNFORMATION SYSTEM The Federal Office of Juvenile Justice and Delinquency Prevention is continuing with the Juvenile Accountability Incentive Block Grant monies available through the California Office of Criminal Justice Planning. A total of $1.3 million is available to the San Diego region, and it is proposed that all of the agencies in the County pool resources, which would enhance accountability and put juvenile offenders back on track. (Chief of Police) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE SAN DIEGO DEFENSE AND SPACE TECHNOLOGY CONSORTIUM AND ENCOURAGING ITS EFFORTS TO SUPPORT AND PROMOTE CHULA VISTA'S ADVANCED COMMERCIAL TECHNOLOGIES The San Diego Defense and Space Technology Consortium is a non-profit Mutual Benefit Corporation organized in August of 1997 under the California Non-Profit Mutual Benefit Corporation Law. There are numerous companies, laboratories, and universities located in the San Diego region specializing in the research and development of advanced defense and space technologies. The establishment of the Consortium notifies the Department of Defense that the City of Chula Vista and the San Diego region have the resources necessary to compete for high-tech projects. (Director of Community Development) Staffrecommendation: Council adopt the resolution. Page 3 - Cotmcil Agenda 09/12/2000 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH SPA ONE, VILLAGE 5, UNITS 8 AND 10 (PORTIONS OF NEIGHBORHOODS R-35 AND R-36), ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, APPROVING TWO "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Adoption of the resolution will approve of the Final "B" Maps for Units 8 and 10 of Otay Ranch Village 5 (CVT 96-04) and associated agreements. The Subdivision Improvement Agreements are executed by Otay Ranch V-2, LLC as owners. On April 20, 1999, Council approved the agreement for financing and construction of Olympic Parkway and related roadway improvements. The approval of subject Final Maps is consistent with the cumulative equivalent dwelling unit threshold established by said agreement. (Director of Public Works) Staff recommendation: Council adopt the resolution. I0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH THE FIRM OF BROWN, DIVEN, HESSELL & BREWER LLP TO ASSIGN THE AGREEMENT TO BEST BEST & KREIGER, LLP TO PROVIDE LEGAL SERVICES RELATED TO INFRASTRUCTURE FINANCING DISTRICTS WITHIN THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT On March 16, 1999, Council approved an agreement with Brown, Diven, Hessell & Brewer LLP to provide bond counsel services within the Otay Ranch Territory. A parmer of the finn, Mr. Diven, has changed finns. The amendment before Council tonight will assign the contract to the new firm, Best Best and Krieger, LLP. (Director of Public Works) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THE FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATES FOR THE INTERCHANGE OF INTERSTATE 805 AT OLYMPIC PARKWAY AND FOR OLYMPIC PARKWAY FROM MELROSE AVENUE TO EAST OF OLEANDER AVENUE, WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY Page 4 - Council Agenda 09/12/2000 On January 23, 1996, Council approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805, at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street. Since then, due to additional work requirements by Caltrans, seven amendments to this contract have been made. These amendments were approved by Council on January 21, 1997, May 20, 1997, August 5, 1997, November 17,1998, July 13, February 22, 2000, and June 20, 2000. The eighth amendment to the contract will provide for final design drawings of the Olympic Parkway interchange, including Olympic Parkway from Melrose Avenue to east of Oleander Avenue. The design includes preparation of plans, specifications and estimates. (Director of Public Works) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT OF FISCAL YEAR 2000/2001 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM AND APPROPRIATION OF $35,000 TO SUPPORT THE CHULA VISTA VISITOR INFORMATION CENTER (4/5THS VOTE REQUIRED) At its meeting of April 18, 2000, Council approved the submission to SANDAG and MTDB of the Fiscal Year 2000/2001 Claim for TDA Article 4.0 funds to support Chula Vista Transit (CVT) operations and capital procurements. The City's TDA Fiscal Year 2000/2001 claim needs to be amended in the amount of $1,034,022. Thirty-five thousand dollars will be used to support the operation of the Chula Vista Visitor Information Center located at the Bayfront/E Street Trolley Station; and $999,022, based on Council action August 15, 2000, will be used to assist in the financing of the new Corporation Yard. The additional funds will be used for transit's cost share of the new Corporation Yard. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CLAUDIO ESTRADA FOR THE PAYMENT OF SEWER CONNECTION FEES AT 285 SHIRLEY STREET AND AUTHORIZING THE CITY ENG1NEER TO APPROVE SAID AGREEMENT AND FUTURE SEWER CONNECTION PAYMENT AGREEMENTS FOR REMAINING RESIDENTS ON SHIRLEY STREET The purpose of the agreement is to allow Claudio Estrada, owner of the property at 285 Shirley Street, to connect his residence to the public sewer main in Shirley Street and pay the sewer connection fees of $6,290 over a ten-year period with six percent interest. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 5 Council Agenda 09/12/2000 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY PROMOTIONS GROUPS FOR EXPENDITURE OF CITY FUNDS The 2000/2001 budget includes the funding of various community promotions organizations. Council considered requests fi.om these groups and the following funding was included in the Fiscal Year 2000/2001 adopted budget: Miss Chula Vista Pageant - $2,000, Gretchen Evans (Library Concerts) - $1,650, U.N. Day Committee - $350 and Bonitafest - $2,410. Agreements have been prepared between the City and each of these agencies setting out the terms and conditions for receiving City funding. (Director of Budget and Analysis) Staff recommendation: Council adopt the resolution. 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASiNG THE BUDGET ALLOCATION FOR THE RECYCLiNG AND CONSERVATION EDUCATION PROGRAM BY $62,077.42 FOR FISCAL YEAR 2000/2001 AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) State statute requires that the Department of Conservation, Reeyeling Division divide $15 million per year among cities and counties with "curbside' recycling programs. These funds are generated as a result of the Litter Reduction and Recycling Act, which placed a 2.5 to 5.0 cents deposit on containers. The City's curbside and multi-family programs are both eligible for deposit refunds, and those revenues are used to reduce the cost of the monthly refuse rates. The annual payment is a bonus paid to the curbside operators based on volume recycled. The Solid Waste and Recycling Franchise Agreement with Pacific/Allied Waste requires that they transfer this annual bonus payment to the City for recycling education. The Special Operations annual budget approved by Council anticipated $48,000.00 from the Department of Conservation, Reeyeling Division. The City has received $110,077.42 fi.om Allied Waste based on the payment made to them by the Recycling Division. (Special Operations Manager) Staffreeommendation: Council adopt the resolution. 16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE iN THE AMOUNT OF $26,000 FOR HARBOR DAYS, $22,500 FOR THE "SUMMER LEGACY" CONCERT AND $12,000 FOR THE TASTE OF THE ARTS BY THE BAY This spring, the City submitted a financial assistance request to the San Diego Unified Port District (Port) for partial funding of the Chula Vista Harbor Days & Tall Ship Festival, the "Summer Legacy" concert and Taste of the Arts By The Bay. The Board of Port Commissioners approved funding of $60,500 at a meeting in July 2000, and the Port requires that the City enter into formal agreements that stipulate conditions and City requirements for receipt of the approved funding. This item executes those agreements. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. Page 6 Council Agenda 09/12/2000 ORAL COMMUNICATIONS Persons speaking during Oral Communications 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 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 items have been advertised and/or posted as public hearings 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. 17. CONSIDERATION OF A PROPOSAL TO AMEND THE MUNICIPAL CODE (SECTION 19) REGARDiNG DESIGN REVIEW COMMITTEE MEMBERSHIP, SCOPE OF RESPONSIBILITIES, AND PROCEDURES On June 13, 2000 Council directed staff to process amendments to the Zoning Ordinance, addressing the design review process. Staff has prepared the requested Code amendments and is now bringing the modified zoning language forward for review and approval. The modified Code language addresses Design Review Committee membership, scope of responsibilities and procedures. All proposed amendments have been written to carry out the Council's intent of further improving the design review process. (Director of Planning and Building) Staff recommendation: Council conduct the public heating and place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG SECTIONS 19.14.581, 19.14.582, 19.14.583, 19.14.584, AND 19.14.587 OF THE MUNICIPAL CODE, AND ADDiNG SECTION 19.14.591 TO THE MUNICIPAL CODE REGARDING DESIGN REVIEW COMMITTEE MEMBERSHIP, SCOPE OF RESPONSIBILITIES, AND PROCEDURES ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. 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 7 - Council Agenda 09/12/2000 18. REPORT PROVIDING AN UPDATE ON THE CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN The Multiple Species Conservation Program (MSCP) is a comprehensive, long-term habitat conservation plan that addresses the needs of multiple species and the preservation of natural vegetation communities in south San Diego County. The Subarea Plan for the City of Chula Vista is the policy document through which the South County program is implemented locally. The Subarea Plan will form the basis for federal and state permits to allow development where impacts to sensitive species habitat will occur. City staff have responded to a variety of issues identified by the wildlife agencies. A revised draft Subarea Plan is expected to be brought to Council for adoption in October. This report provides Council with an update on activities undertaken to complete the plan, future steps to be taken, and issues being addressed. (Director of Planning and Building) Staff recommendation: Council accept the report. 19. CONSIDERATION OF ADOPTION OF RESOLUTIONS A) ACCEPTING BIDS AND AWARD1NG CONTRACTS FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD; AND B) MODIFYING COUNCIL POLICY NUMBER 574-01 GIVING THE CITY MANAGER APPROVAL AUTHORITY AT HIGHER FINANCIAL LEVELS ON CHANGE ORDERS On July 18, 2000 Council approved Resolution 2000-245, approving an agreement with Highland Partnership, Inc., for the provision of Construction Manager/Constructor services required for the construction of the Corporation Yard project. On August 15, 2000 Council approved Resolution 2000-297, appropriating $23,951,213 in additional project funds and approximately $13,400,000 for borrowing costs on the new Corporation Yard project. Approval of the first resolution will accept and award 47 bids covering most of the trade work associated with the construction of the Corporation Yard project. Staff will come back before Council in October with a resolution accepting and awarding all the remaining bids. Approval of the second resolution will modify Council Policy 574-01 on change orders, giving the City Manager approval authority at higher financial levels. (Director of Public Works) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING ALL CONTRACTS LISTED ON EXHIBIT "A" FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING COUNCIL POLICY NUMBER 574-01 FOR THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD BY ALLOW1NG THE CITY MANAGER TO AUTHORIZE CHANGE ORDERS LIP TO $I00,000 PER S1NGLE CHANGE ORDER AND $1,000,000 AS THE MAXIMUM AGGREGATE FOR CUMULATIVE CHANGE ORDERS Page 8 - Council Agenda 09/12/2000 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 20. CITY MANAGER'S REPORTS A. Scheduling of meetings. 21. MAYOR'S REPORTS A. Ratification of appointment to the Resource Conservation Commission - Pamela Bensoussan. 22. COUNCIL COMMENTS CLOSED SESSION ADJOURNMENT to an Adjourned Meeting on September 16, 2000, at 9:00 a.m. in thc Council Conference Room, for the purpose of presenting possible locations for the future Police Department building, and thence to the Regular Meeting of September 26, 2000, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Meeting on September 28, 2000, at 4:00 p.m. in the Council Conference Room, for the purpose of discussing the needle exchange program. Page 9 - Council Agenda 09/12/2000 08/30/00 04:11 FAX C.V. PLANNING & BUILDING I4i 001 ********************* $$' TX REPORT $$$ ********************* TRANSMISSION OK TXlRX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 1342 94266346 08/30 04:11 00'39 2 OK em' OF mUlA VISTA From the desk of... Diana. Vargas 5e<;ratary to Planning commission a~ 01 Chula V1SIS 276 FouM Avenue Chula yosta, CAS1S10 Fax (61S) 585-573e Fa><: (619) 4O~1 To: LEGAL DESK fax: 426~346 Date: August 30, 2000 Re: Pages: x Urgent o For RlWiew o Plea.... Co_nt 0 please Reply o Please ReCYcle .comments1 fO'" puauCJ\.T10N ON 912. pl,.EASE CAU. MIO If ITS NOT ABLIO TO GO (585-5738). ntANl< yOU. . NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA . NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of the City of Chula Vista, CA, at 6:00 p.m. in the City Council Chambers in the Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, for the purpose of considering an amendment to the City of Chula Vista Municipal Code summarized as follows: HEARING DATE/TIME: CASE NUMBER: APPLICANT: SITE ADDRESS: PROJECT DESCRIPTION: September 12, 2000 PCA-01-01 City of Chula Vista City wide Consideration of an amendment to the Municipal Code (Title 19) regarding Design Review Committee membership, scope of responsibilities, and procedures. ENVIRONMENTAL STATUS: Exempt from the California Environmental Quality Act (CEQA) under General Rule exemption Section 15061(b)(3). Any written comments or petitions to be submitted to the City Council must be received in the Planning Department no later than noon on the date of the hearing. Please direct any questions or comments to Project Planner Steve Power in the Planning Department, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, CA 91910, or by calling 409-5864. Please include case noted above in all correspondence. If you wish to challenge the City's action on this application in court, you may be limited to raising only those issues you or someone else raised at the public hearings, or in written correspondence delivered to the ("Planning Commission, City Council, Design Review Committee) at or prior to the public hearings described in this notice. A copy of the application and accompanying documentation and/or plans are on file and available for inspection and review at the City Planning Department. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at lease 48 hours in advance, for meetings, and 5 days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691~5101. Service for the hearing impaired is available at 585-5647 (TOO). ~{It- ~ ''555~' - - -- MEMORANDUM CllY OF CHUlA VISTA OFFICE OF THE CITY CLERK August 31, 2000 TO: Honorable May'or and Members ofthe City Council ~ Susan Bigelow, CMC/ AAE, City Clerk FROM: RE: Meeting Minutes As you know, the City Clerk's Office suffered setbacks from June 1999 through April ofthis year, and we were unable to complete the Council minutes on a regular basis. The addition of a second Deputy and a secretary has allowed us to diligently work on catching up on the minutes, as well as other projects that were put temporarily on hold. I am forwarding the Council and Redevelopment Agency minutes from the end of November through May. These will be scheduled for approval at the regular meeting of September 12th; I wanted to give you additional time to peruse them. The minutes from June through August have been prepared. I am in the process of reviewing them and hope to have them in your packet for the meeting of either September 12th or September 26th. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DR .'\FT November 30, 1999 A Regular Meeting of the City Council of the City of Chula Vista was called to order by Mayor Horton at 6:04 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 6:00 P.M. 1. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas and Mayor Horton (Councilmember Moot arrived at 6: 12 p.m.) ABSENT: Councilmembers: None 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. SPECIAL ORDERS OF THE DAY A. Chula Vista Cares special presentation by Pacific Bell, Scott Alevy. Mr. Alevy presented a check from Pacific Bell for $1,000 in support ofChula Vista Cares. CONSENT CALENDAR (Items 4 through 15) Mayor Horton reported that Consent Item #12 would be continued to December 7, 1999. 4. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on November 16, 1999, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 5. ORDINANCE NO. 2802, AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM, ADDING CHAPTER 3.54, DEVELOPMENT IMP ACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES, TO THE CHULA VISTA MUNICIPAL CODE AND REPEALING ORDINANCE 2251 AND AMENDMENTS THERETO (SECOND READING AND ADOPTION) The City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988, by Ordinance No. 2251. Since its inception, the program has been updated several times to reflect new land use approvals, changes to the Circulation Element of the General Plan, and updated project cost estimates. The last TDIF update was approved in 1993. Council is asked to consider the approval of the 1999 TDIF update recommending an increase from the current fee of$3,998 to $5,920 per Equivalent Dwelling Unit. Staff recommendation: Council place the ordinance on second reading for adoption. CONSENT CALENDAR (Continued) 6. ORDINANCE NO. 2803, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS TO INCORPORATE 108 ACRES OF RESEARCH AND LIMITED MANUFACTURING AS BC-I, BUSINESS CENTER MANUFACTURING PARK DISTRICT, INTO THE LAND USE DISTRICTS MAP; AMEND SECTION N.2A, PROPERTY DEVELOPMENT STANDARDS, TO ALLOW INCREASE IN BUILDING HEIGHT FOR CERTAIN LOTS WITH APPROVAL BY THE DESIGN REVIEW COMMITTEE, AND ESTABLISH SPECIAL BUILDING SETBACKS AND BUFFER REQUIREMENTS FOR CERTAIN LOTS ABUTTING RESIDENTIAL LAND USE DISTRICTS (SECOND READING AND ADOPTION) The applicant, The EastLake Company, is requesting approval of amendments to the EastLake II General Development Plan (GDP), EastLake I Sectional Planning Area (SPA) and associated regulatory documents to incorporate 108 acres of Research and Limited Manufacturing into the EastLake Business Center II; and approval of a tentative subdivision map, known as EastLake Business Center II, Tract 00-02, to subdivide 108 acres into 16 industrial lots, ten open space lots, and industrial streets. Staff recommendation: Council place the ordinance on second reading for adoption. 7.A. RESOLUTION NO. 19672, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON MARCH 7, 2000 B. RESOLUTION NO. 19673, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING IMPARTIAL ANALYSES AND ARGUMENTS IN SUPPORT OF PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 7, 2000 The purpose of the March 7, 2000, General Municipal Election is to select two members of the City Council to fill Seats 3 and 4 and to submit two proposed Charter Amendments to the electorate. Adoption of the resolutions requesting the services of the Registrar of V oters and approving impartial analyses and arguments in support of proposed Charter amendments is required by the California Elections Code. Staff recommendation: Council adopt the resolutions. 8.A. RESOLUTION NO. 19674, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA CONSULTING FOR LAND USE CONSULTING SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING $77,760 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/5TH'S VOTE REQUIRED) Page 2 - Council Minutes 11/30/99 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 19675, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S INFORMAL BIDDING PROCESS, APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5TH'S VOTE REQUIRED) In April, 1999, MNA Consulting was retained by the City to draft a revised Multiple Species Conservation Program (MSCP) Subarea Plan, assist in the drafting of an Implementing Agreement, and assist in processing the draft Subarea Plan and Implementing Agreement through the public hearing and approval process. Because of an expanded work program, staff has selected MNA Consulting to coordinate and assist with the implementation component of the City's MSCP Subarea Plan. In addition, staffhas selected Remy, Thomas and Moose, LLP to assist with the legal review of the environmental analysis and documentation for the City's MSCP Subarea Plan. Staff recommendation: Council adopt the resolutions. (Director of Planning and Building) 9. RESOLUTION NO. 19676, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDITIONAL APPROPRIATION OF $79,900 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR PROFESSIONAL SERVICES RELATED TO ASSESSING POTENTIAL IMPACTS FROM THE PROPOSED BROWN FIELD CARGO PORT EXPANSION, AND APPROVING THE ADDITION OF THE FUNDING TO THE FISCAL YEAR 1999/2000 BUDGET OF THE DEPARTMENT OF PLANNING AND BUILDING (4/5TH'S VOTE REQUIRED) On November 24, 1998, Council approved appropriating $25,000 for professional services related to assessing potential impacts from the proposed Brown Field cargo port expansion and noise impacts of helicopter flyovers originating from Ream Field. On March 8,1999, the City contracted for $22,000 with Aviation Systems Associates, Inc. (ASA) to provide an environmental impact report assessment and prepare issue papers. Staff recommends a further contract amendment of$25,000 for future services as required, calculated on a time- and-materials basis. This contract would put ASA on retainer for the City and ensure a timely response to future actions by the City of San Diego, plan proponents, and other jurisdictional authorities. The City Attorney solicited assistance from the law firm of Howard Rice Nemerovski Canady FaIk and Rabkin for their expertise in land use and aviation during this period of time, due to the specialized and complex nature of the expansion proposal. The amount of this legal service retainer is expected to be $49,900. The total of the additional services exceeds the original appropriation, and staff requests an additional appropriation of $79,900 to fund this activity. Staff recommendation: Council adopt the resolution. (Director of Planning and Building) Page 3 - Council Minutes 11/30/99 CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 19677, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TWO AFFORDABLE HOUSING AGREEMENTS RELATED TO PACIFIC BAY PROPERTIES HOUSING OBLIGATION WITHIN ROLLING HILLS RANCH AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENTS Under the City's Affordable Housing Program, Pacific Bay Homes, the developer, is obligated to provide 10 percent (5 percent low and 5 percent moderate) of the total dwelling units within Rolling Hills Ranch for low and moderate income households. It is anticipated that a total of 2,616 units will be built within Rolling Hills Ranch and, therefore, the affordable housing obligation is 131 low-income units and 131 moderate-income units. The developer is proposing to meet its low-income housing obligation by providing a mix of rental housing opportunities for seniors and families. More specifically, 20 percent, or a maximum of 32 units, of a proposed l68-unit multi-family development within Neighborhood 4A shall be occupied by affordable to low-income families at the current density assumptions. A l16-unit senior apartment development will be reserved for affordable to low-income households. Therefore, a maximum of 148 low-income units will be provided within Rolling Hills Ranch and will remain affordable for a 20-year period. The development will be entirely financed by the developer. Staff recommendation: Council adopt the resolution. (Director of Public Works) 11. RESOLUTION NO. 19678, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO SANDAG OF FOUR APPLICATIONS FOR TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM FUNDS UNDER THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA-2l) AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM The Transportation Equity Act for the 21" Century (TEA-2l) continues the provisions related to the Transportation Enhancement Program, which was established under previous highway legislation and sets aside funds for Transportation Enhancement Activities projects. California is expected to receive about $410 million in allocation under this program that will be implemented in one cycle through Fiscal Year 2004. This allocation will be used to fund Transportation Enhancement projects that are directly connected to the transportation system and will provide maximum enhancement to the environment and surrounding communities. Current regulations require that official applications for the Transportation Enhancement Program be submitted to SANDAG in order for projects to be approved by its Board of Directors for funding. Staff recommendation: Council adopt the resolution. (Director of Public Works) 12. RESOLUTION NO. 19679, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY OF CHULA VISTA'S UPDATE OF THE FUNCTIONAL HIGHWAY CLASSIFICATION MAPS Page 4 - Council Minutes 11/30/99 CONSENT CALENDAR (Continued) The Federal-Aid Highway Act of 1973 required the use of functional highway classification to update and modifY the Federal-Aid highway system. This legislative requirement is still effective today and is part of the Transportation Equity Act for the 21" Century (TEA-21). The TEA-21, which builds on the major changes to federal transportation policies and programs addressed in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), was enacted into law on June 9, 1998. TEA-21 continues the provisions related to ISTEA. The functional classification of roads in Chula Vista has not been updated for a considerable period of time. This resolution will satisfY the TEA-21 requirements. It is also in response to a request by CalTrans to approve the update. The due date for submitting the update was extended by CalTrans to December 3,1999. Staff recommendation: Continue the item to December 7, 1999. (Director of Public Works) 13. RESOLUTION NO. 19680, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG BROADWAY FROM "C" STREET TO "E" STREET AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 128 FOR JANUARY 18,2000, AT 6:00 P.M. Public hearings were conducted on September I and 15, 1998, and Council approved an ordinance adopting the new franchise agreement with SDG&E during its second hearing. Part ofthis agreement involves the allocation of the California Public Utilities Commission Rule 20A Funds for constructing utility underground conversion projects. The next round of utility underground conversion projects is scheduled for the year 2000. Broadway, from "C" to "E" Streets, is one of the projects scheduled for completion in the year 2000. Staff recommendation: Council adopt the resolution. (Director of Public Works) 14. RESOLUTION NO. 19681, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NOS. 1 AND 2 TO THE PUBLIC WORKS CONTRACT WITH INSITUFORM TECHNOLOGIES, INC. FOR THE "SEWER REHABILITATION - PHASE VIII AND IX PROJECTS, CONTRACT 'C' "(SW-900, SW- 215) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY On August 10, 1999, Council approved accepting bids and awarding three contracts for "Sewer Rehabilitation - Phase VIII and IX" projects and authorizing the Director of Public Works to negotiate a change order to utilize the remaining funds within this project for the rehabilitation of additional sewer mains. Insituform Technologies discovered that additional point repairs and sewer main replacements would be necessary. Change Order Number 1, in the amount of $24,760, is for the cost of this repair work. Change Order Number 2, in the amount of $97,567.10, is for the rehabilitation of additional sewer mains. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 5 - Council Minutes 11/30/99 CONSENT CALENDAR (Continued) 15. RESOLUTION NO. 19682, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "GRADING RESTORATION AND SILT REMOVAL FOR BONITA LONG CANYON DETENTION BASIN IN THE CITY OF CHULA VISTA, CALIFORNIA (DR142)" AND APPROPRIATING FUNDS AS A LOAN FROM THE TRUNK SEWER CAPITAL RESERVE FUND (4/5TH'S VOTE REQUIRED) On October 13, 1999, sealed bids were received for the "Grading Restoration and Silt Removal for Bonita Long Canyon Detention Basin in the City (DR142)" project. The project involves removal of silt and vegetation, and grading the area around the upstream inlet structure. Staff recommendation: Council adopt the resolution awarding the contract to L.E. Little General Engineering for $39,523 and appropriating funds as a loan from the Trunk Sewer Capital Reserve Fund to the Storm Drain Fund for $50,523. ACTION: Mayor Horton moved to approve staff recommendations, with Item #12 continued to December 7,1999, and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Rod Davis announced the Chamber Mixer to be held at 5:30 p.m. on December 12"' at Scripps Bank, Fourth and H Streets, and noted that admission would be a wrapped gift to benefit Chu1a Vista Cares. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBLIC HEARING TO NOTICE ACCEPTANCE AND APPROPRIATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS RESOLUTION NO. 19683, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $262,508 FROM THE 1999 LOCAL LAW ENFORCEMENT BLOCK GRANT FUND AND AMENDING THE FISCAL YEAR 1999/2000 POLICE BUDGET TO ADD 3.5 POSITIONS AND APPROPRIATING $43,882 FOR SALARIES AND BENEFITS, AND $15,508 FOR SERVICES AND SUPPLIESIEQUlPMENT, $42,750 FOR PURCHASE OF A SWAT VAN AND PRISONER TRANSPORT VEHICLE AND $10,000 TO SUPPORT THE SOUTH BAY DRUG COURT AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE COMPETITIVE PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES; AND APPROPRIATING $26,250 FROM THE ASSET SEIZURE FUND FOR THE LOCAL MATCH REQUIREMENT, TO BE USED FOR PURCHASE OF A SWAT VAN (4/5TH'S VOTE REQUIRED) Page 6 - Council Minutes 11/30/99 PUBLIC HEARINGS (Continued) The Police Department recently received notice of a 1999 Local Law Enforcement Block Grant award in the amount of $262,508 from the Bureau of Justice Assistance. The funds were allocated to the Police Department based on a three-year average Part I Violent Crimes. Part I Violent Crimes are murder and non-negligent manslaughters, forcible rape, robbery, and aggravated assault as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Local Law Enforcement Block Grant. (Continued from the meeting of November 16,1999.) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response. She then closed the hearing. ACTION: Councilmember Padilla offered Resolution No. 19683, heading read, text waived. The motion carried 5-0. 17. PUBLIC HEARING TO NOTICE USE OF FISCAL YEAR 1999/2000 STATE COPS FUNDING PER CITIZENS' OPTION FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES RESOLUTION NO. 19684, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $370,617.71 FROM STATE COPS FOR LOCAL LAW ENFORCEMENT TO IMPLEMENT RECOMMENDATIONS OF THE STRATEGIC PLAN AND AMENDING THE FISCAL YEAR 1999/2000 POLICE BUDGET TO ADD 6.5 POSITIONS, AND APPROPRIATE $136,238 FOR SALARIES AND BENEFITS AND $70,561 FOR OVERTIME, TRAINING, EQUIPMENT AND A VEillCLE, AND DIRECTING STAFF TO BUDGET THE REMAINING FUNDS AS STIPULATED BY THE GRANT IN SUBSEQUENT YEARS AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES (4/5TH'S VOTE REQUIRED) The Fiscal Year 1999/2000 state budget was adopted appropriating $370,617.71 to the Police Department. State money is allocated to police departments for purposes stipulated by the Citizens' Option for Public Safety (COPS) program. The Police Department proposes to use the funds to implement recommendations of the Strategic Plan. (Continued from the meeting of November 16, 1999.) Notice ofthe hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response. She then closed the hearing. ACTION: Councilmember Padilla offered Resolution No. 19684, heading read, text waived. The motion carried 5-0. Page 7 - Council Minutes 11/30/99 PUBLIC HEARINGS (Continued) 18. PUBLIC HEARING ON PCM-00-06, CONSIDERATION OF AN AMENDMENT TO THE RANCHO DEL REY SECTIONAL PLANNING AREA I GUIDELINES IN ORDER TO ALLOW THE PLACEMENT OF FOUR MONUMENT SIGNS WITHIN A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST "H" STREET, AND PLACE DIRECTIONAL SIGNS WITHIN THE RANCHO DEL REY BUSINESS/COMMERCIAL CENTER RESOLUTION NO. 19685, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) DESIGN GUIDELINES IN ORDER TO ALLOW THE PLACEMENT OF FOUR MONUMENT SIGNS WITHIN A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST H STREET AT THE RANCHO DEL REY BUSINESS/COMMERCIAL CENTER, AND PLACE DIRECTIONAL SIGNS WITHIN THE CENTER The City has been working with the management of the Rancho del Rey Business/Commercial Center toward the creation of a sign program for approximately one year. Tenants of the Center feel that their businesses are not visible from East "H" Street and that signage situated along this street is necessary in order to attract customers. The applicants are proposing to place four monument signs along East "H" Street. They are also requesting that new directional signs be allowed within the center in order to facilitate vehicular circulation and parking. The proposed signage requires the modification of the Rancho del Rey SPA I Design Guidelines. (Continued from the meeting of November 16, 1999.) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Steve Power, project planner, explained the proposed sign program for the Rancho del Rey Business/Commercial Center. Mayor Horton noted that the hearing was opened at the November 16, 1999 meeting and then continued to this time. She asked if anyone from the audience wished to speak. Craig W. Clark, representing C. W. Clark, Inc., spoke regarding the proposed monument signs for the cinemas, which he stated were reduced in size and number following the Design Review Committee meeting. He stated that the theater needs the sign in order to be financially viable. Krysen Hernandez, project consultant representing MSI and C.W. Clark, Inc., spoke in support of the proposed signs. She stated that they are perpendicular to the street to provide greater readability to passing motorists; the signs are also double-faced so that they are visible to motorists traveling in both directions. The proposed design is consistent with other signs along East H Street; they will have a stucco, earth-tone finish to match the existing signs. She pointed out that the Planning Commission had approved the proposed movie marquis sign. Rod Davis, representing the Chula Vista Chamber of Commerce, indicated that the center was originally designed for commerciaVindustrial rather than retail use and is not readily visible from the street. He urged the Council to support the proposal in order to make the site a viable, regional shopping center. He mentioned that two major retailers have withdrawn consideration oflocating in the center because adequate signage is not available. Page 8 - Council Minutes 11/30/99 PUBLIC HEARINGS (Continued) There being no further public comments, Mayor Horton closed the public hearing. ACTION: Following Council discussion, Mayor Horton moved to continue this item to a meeting in January, with direction to staff to present colored renderings and possibly alternative designs for the signs. Councilmember Davis seconded the motion, and it carried 5-0. BOARD AND COMMISSION RECOMMENDATION 19. RESOLUTION NO. 19686, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INTERNATIONAL FRIENDSHIP COMMISSION REQUEST TO DISCONTINUE ATTEMPTS TO REINVIGORATE THE SISTER CITY RELATIONSHIP WITH IRAPUATO, MEXICO AND DIRECTING THE COMMISSION TO PURSUE THE NECESSARY ACTIONS TO OFFICIALLY DISSOLVE THE SISTER CITY AFFILIATION WITH IRAPUATO, MEXICO Following several years oflittle or no official contact between Chula Vista and its Mexican Sister City, Irapuato, the International Friendship Commission began a concerted effort to reinvigorate the relationship, but has found that no desire exists within this community to continue an active relationship. Fran Larson, Chair, International Friendship Commission, stated that it has been five years since representatives in Irapuato have had any meaningful dialog with Chula Vista. Sister Cities International allows only one Sister City relationship in each country, and as long as Irapuato is Chula Vista's Sister City in Mexico, Chula Vista is unable to establish a relationship with any other Mexican city. Councilmember Moot left the dais at this time, 7:25 p.m. ACTION: Mayor Horton moved to adopt Resolution No. 19686, heading read, text waived. Councilmember Davis seconded the motion, and it carried 4-0, with Councilmember Moot not present at the dais. ACTION ITEMS 20. RESOLUTION NO. 19687, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2000 LEGISLATIVE PROGRAM AND LEGISLATIVE WORK PROGRAM The Legislative Program represents the Council's position on items likely to be acted upon by the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, Chula Vista can take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities. Councilmember Moot returned to the dais at 7:34 p.m. ACTION: Mayor Horton moved to adopt Resolution No. 19687, heading read, text waived. Councilmember Davis seconded the motion, and it carried 5-0. Page 9 - Council Minutes 11/30/99 ACTION ITEMS (Continued) The following items, #21 through #26, were considered together. 21. RESOLUTION NO. 19688, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE POLICE DEPARTMENT 1999-2003 STRATEGIC PLAN AND CORRESPONDING IMPLEMENTATION PLAN As a result of numerous issues related to growth and dynamic changes in policing, the Department formulated a Strategic Plan to meet immediate and future challenges. On December 9, 1998, with assistance of Alan Kumoto ofKumoto & Associates, the Police Department formally began the process of formulating ideas and compiling data for the Department's Strategic Plan. This process included approximately 80 staff members working in eight focus groups. On May 5, 1999, the City contracted with The Warner Group Management Consultant Firm to perform a validation and statistical analysis of data collected by the focus groups. 22. RESOLUTION NO. 19689, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $1.25 MILLION OVER THREE YEARS FROM COPS UNIVERSAL HIRE PROGRAM GRANT AND AMENDING THE FISCAL YEAR 1999/2000 POLICE BUDGET TO ADD 15 PEACE OFFICERS AND APPROPRIATING $259,638 IN UNANTICIPATED UHP REVENUE, AND $28,849 UNANTICIPATED BOOKING FEE REVENUES FOR THE SALARIES AND BENEFITS; AND AMENDING THE FISCAL YEAR 1999/2000 POLICE BUDGET TO ADD 1 POLICE OFFICER, 1 COMMUNITY SERVICE OFFICER AND 1 SERGEANT TO BE PAID FOR FROM SALARY SAVINGS OF $41,070 AND APPROPRIATING $164,968 FROM UNANTICIPATED BOOKING FEE REVENUES FOR RELATED SERVICES AND SUPPLIES, EQUIPMENT, AND VEHICLES; AND AUTHORIZING STAFF TO SEEK GRANT FUNDING FOR ADDITIONAL PATROL OFFICERS TO MEET WORKLOAD OBJECTIVES DETAILED IN THE PATROL STAFFING MODEL (4/5TH'S VOTE REQUIRED) Traditionally, the Police Department has used a nationally recognized patrol staffing formula based on call-for-service workload and officer-initiated activity to determine an appropriate patrol staffing level. The study has identified the need for sixteen peace officers, nine overs, and one Community Service Officer. Fifteen of the officers identified are proposed to be paid for from acceptance of the 1999 Universal Grant. One officer, one Community Service Officer, and one Sergeant are proposed to be paid for from salary savings in Fiscal Year 1999/2000. The nine overs will be addressed during the Fiscal Year 2000/2001 budget process. The related services, supplies, and equipment are proposed to be paid for from unanticipated booking fee revenues. Vehicles for Patrol have not been included at this time; staff will include vehicles during the Fiscal Year 2000/2001 budget process. 23. RESOLUTION NO. 19690, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $625,000 FROM COPS IN SCHOOLS PROGRAM AND AMENDING FISCAL YEAR 1999/2000 BUDGET TO ADD 1 AGENT AND 4 OFFICERS' POSITIONS AND APPROPRIATING $120,203 FOR RELATED SALARIES AND BENEFITS TO BE FUNDED FROM $80,203 UNANTICIPATED COPS SCHOOL REVENUES AND $40,000 FROM UNANTICIPATED SCHOOL REVENUES AND APPROPRIATING $141,011 FOR VEHICLES AND OFFICER RELATED EQUIPMENT FROM UNANTICIPATED POST REVENUES ($20,000), BOOKING FEE REVENUES ($76,453), AND ASSET SEIZURE ($44,558) (4/5TH'S VOTE REQUIRED) Page 10 - Council Minutes 11/30/99 ACTION ITEMS (Continued) In September 1999, the Police Department was notified by the COPS office that the application for one additional Agent and four School Resource Officers had been approved. The grant award is for the amount of$625,000 to pay for the salaries and benefits ofthe five positions in declining percentages over the next three years. 24. RESOLUTION NO. 19691, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $534,615 FROM COPS MORE 1998 GRANT PROGRAM AND AMENDING THE FISCAL YEAR 1999/2000 POLICE BUDGET TO INCLUDE FIVE INTEL ANALYST POSITIONS AND APPROPRIATING $84,977 FOR SALARIES AND BENEFITS AND $387,645 IN A NEW TECHNOLOGY CIP FOR NEW TECHNOLOGY AND EQUIPMENT FROM UNANTICIPATED COPS MORE 1998 GRANT FUNDING AND APPROPRIATING $27,750 FROM UNANTICIPATED ALARM REVENUES ($14,000) AND PROPERTY FORFEITURE REVENUES ($13,750) FOR RELATED EQUIPMENT (4/5TH'S VOTE REQUIRED) COPS MORE (Making Officer Redevelopment Effective) 1998 is one of several grant programs developed by the U.S. Department of Justice under the 1994 Crime Act to increase the deployment of Community Policing Officers. This program is designed to expand the time available for community policing by current law enforcement officers via the use of civilian personnel and technology. The Police Department submitted an application for additional civilian personnel and purchase of technology and related equipment on May 29, 1998. Subsequently, the Department was notified of a grant award in the amount of $534,615 for the hiring of five support civilian staff positions and the purchase oftechnology and equipment. 25. RESOLUTION NO. 19692, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $367,475 FROM THE PUBLIC FACILITY DIP FUND AS A TRANSFER TO THE GENERAL FUND TO REIMBURSE FOR A DIP CREDIT, APPROPRIATING $367,475 FROM THE GENERAL FUND, BASED ON THESE UNANTICIPATED REVENUES, TO THE POLICE FACILITY REMODEL CIP AND TRANSFER OF $16,000 OF APPROPRIATIONS FROM THE PUBLIC FACILITY DIF OPERATING BUDGET TO THE POLICE FACILITY REMODEL CIP (4/5TH'S VOTE REQUIRED) In order to continue to provide quality service to the community, the Police Department developed a Strategic Plan. The Strategic Plan focused on eight strategic issues: Growth Management, Regional Partnership, Technology, Resources, Social and Crime Trends, Community Outreach Partnerships, Police Facilities, and Organizational Development. Staff is proposing to appropriate funds owed to the general fund from the Public Facility DIP to pay for the Strategic Plan Police Facility Remodel recommendation. 26. RESOLUTION NO. 19693, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING APPROPRIATION IN THE AMOUNT OF $56,033; AND TRANSFERRING ONE SENIOR MANAGEMENT ASSISTANT POSITION FROM THE PLANNING AND BUILDING DEPARTMENT TO THE POLICE DEPARTMENT FOR COORDINATION OF THE CITY'S GRAFFITI PROGRAM; AND RENAMING THE POSITION COMMUNITY RESOURCE COORDINATOR; AND APPROPRIATING $28,017 TO HIRE THE POSITION FOR THE REMAINDER OF THIS FISCAL YEAR; AND $18,017 FOR A GRAFFITI ERADICATION CONTRACT; AND $10,000 FOR PUBLIC AWARENESS MATERIALS (4/5TH'S VOTE REQUIRED) Page 11 - Council Minutes 11/30/99 ACTION ITEMS (Continued) During the Fiscal Year 1999/2000 budget deliberation, Council approved the addition of a Senior Management Assistant position to the Department of Planning, Building Division. The position was added for the purpose of coordinating and maximizing City-wide graffiti eradication efforts and implementing a new comprehensive program. Since the inception of the idea, a team -- composed of City staff, the Community Oriented Policing Committee, and several community members -- has been working diligently to identifY the needs of the community as they relate to graffiti. Staff has completed a preliminary report of the team's findings. Planning and Building and Police agree that the Police Department, with its existing service and response network, would serve as an effective base for coordinating graffiti issues. The new position will be responsible for developing and implementing a model graffiti program, coordinating efforts with other City Departments and acting as community liaison with regard to graffiti. Chief Emerson provided an overview of the Strategic Plan, corresponding Implementation Plan process and resulting recommendations reflected in the proposed resolutions. ACTION: Following Council comments, Councilmember Padilla moved to adopt Resolutions Nos. 19688 through 19693, headings read, texts waived. The motion carried 5-0. 27.A. RESOLUTION NO. 19694, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING AN ACQUlSITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NUMBER 99- 1 (OT A Y RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) B. RESOLUTION NO. 19695, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 99-1 (OTAYRANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS AND APPROVING MODIFICATIONS TO TABLE 6 OF THE RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX On August 31, 1999, Council held the public hearing forming and establishing Community Facilities District Number 99-1 (CFD 99-1). The District was formed for the purpose of providing for the financing of the acquisition of certain authorized public facilities, including a significant portion of the Olympic Parkway improvements serving the Otay Ranch SPA One. Council approval of the Acquisition/Finance Agreement with Otay Project L.P. will establish the procedure for acquiring the improvements from the developer, including allowing for the incremental acquisition and complete discreet components of a project, rather than requiring the project to be fully completed and accepted by the City prior to acquisition. In addition, Council is asked to authorize the issuance of special tax bonds of CFD 99-1 in the amount of$23,000,000 and approve the form of certain documents related to the issuance of the bonds, including a Bond Indenture, Bond Purchase Contract and Preliminary Official Statement. Page 12 - Council Minutes 11/30/99 ACTION ITEMS (Continued) Finance Director Powell presented the item and recommended that Council adopt the proposed resolutions. ACTION: Mayor Horton offered Resolutions Nos. 19694 and 19695, headings read, texts waived. The motion carried 5-0. OTHER BUSINESS 28. CITY MANAGER'S REPORTS There were none. 29. MAYOR'S REPORTS There were none. 30. COUNCIL COMMENTS There were none. ADJOURNMENT At 8:27 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of December 7, 1999. Respectfully submitted, -: ~t.U.tU..~~...1.&- Susan Bigelow, CMC/ AAE, City Clerk Page 13 - Council Minutes 11/30/99 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 4:00 p.m. December 7, 1999 CALL TO ORDER ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. (Councilmember Moot arrived at 4:18 p.m.) PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1. Employee Recognition Award of the Month: Mary Donnelly, Secretary to the Redevelopment Agency. Director of Community Development Salomone introduced Ms. Donnelly, and Mayor Horton presented a proclamation to her. CONSENT CALENDAR (Items 2 through 10) Mayor Horton noted that Consent Calendar Item #7 would be removed for separate consideration. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Barbara Charett, member ofthe Library Board of Trustees Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to Maddy Act requirements. 3. RESOLUTION NO. 19696, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIVE-YEAR CONTRACT WITH THE CROSS CURRENT CORPORATION FOR SOFTWARE MAINTENANCE OF THE COMPUTER- AIDED DISPATCH SYSTEM FOR POLlCE AND FIRE In March 1997, the Council approved a contract with Unisys Corporation for hardware and software to operate a police and Fire computer-aided dispatch (CAD) system. As part of the original purchase contract, Unisys was required to provide the City with software maintenance of the CAD system until December 31,1999. To keep the system running at peak efficiency, a software maintenance contract with Cross Current Corporation is necessary. The proposed contract includes features such as an annual rate cap and several performance thresholds that must be met by Cross Current Corporation. Staff recommendation: Council adopt the resolution. (Director of Management and Information Services) 4. RESOLUTION NO. 19697, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $45,000 TO FUND MISCELLANEOUS EMPLOYMENT-RELATED MEDICAL EXPENSES FOR THE BALANCE OF THIS FISCAL YEAR (4/5TH'S VOTE REQUIRED) CONSENT CALENDAR (Continued) In 1989, the City entered into an acquisition agreement with the Community Hospital of Chu1a Vista, which was later assumed by Sharp Healthcare. The agreement provided a $1,000,000 "Services" account, which has been used by the City to provide a lower-cost health plan option for employees and to fund employment-related medical costs. The ten- year term of the agreement officially ended in May of 1999. Sharp agreed to extend the terms of the agreement through December 31 ". In order to provide employment-related expenses through the end of the current fiscal year, an appropriation of$45,000 is required. Staff recommendation: Council adopt the resolution. (Director of Human Resources) 5. RESOLUTION NO. 19698, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2000 The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document and that the employer adopt the plan document annually. Staff recommendation: Council adopt the resolution. (Director of Human Resources) 6. RESOLUTION no. 19699, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $71,088 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE 2000 CAFETERIA BENEFITS PLANS RELATIVE BUYING POWER PROVISIONS (4/5TH'S VOTE REQUIRED) To provide employees with relative buying power from year to year, labor agreements with the City's employee groups include provisions for adjustments to beginning Cafeteria Plan balances when health insurance rates increase. The City and its employees share the increases 50/50. Staff recommendation: Council adopt the resolution. (Director of Human Resources) 8. RESOLUTION NO. 19701, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY OF CHULA VISTA'S UPDATE OF THE FUNCTIONAL HIGHWAY CLASSIFICATION MAPS The Federal-Aid Highway Act of 1973 required the use of a functional highway classification to update and modify the Federal-Aid highway system. This legislative requirement is still effective today and is part of the Transportation Equity Act for the 21 " Century (TEA-21). The TEA-21, which builds on the major changes to federal transportation policies and programs addressed in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), was enacted into law on June 9, 1998. TEA-21 continues the provisions related to ISTEA. The functional classification of roads in Chula Vista has not been updated for a considerable period oftime. This resolution will satisfy the TEA-21 requirements. It is also in response to a request by CalTrans to approve the update. The due date for submitting the update was extended by CalTrans to December 3,1999. (Continued from November 30,1999) Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 2 - Council Minutes 12/07/99 CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 19702, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG FOURTH AVENUE FROM "H" STREET TO "L" STREET AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 131 FOR JANUARY 25, 2000 AT 6:00 P.M. Public hearings were conducted before Council on September 1 and 15, 1998, and, at the second hearing, Council approved an ordinance adopting the new franchise agreement with SDG&E. Part of the new franchise agreement involves the allocation of California Public Utilities Commission Rule 20A funds for constructing utility underground conversion projects. Fourth Avenue from "H" Street to "L" Street is one of these projects scheduled for completion in the year 2000. Staffrecommendation: Council adopt the resolution. (Director of Public Works) 10. RESOLUTION NO. 19703, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (JY-065F)" PROJECT On October 27, 1999, sealed bids were received for this project. The work includes excavation and grading, sidewalks, driveways, curbs and gutters, asphalt concrete pavement, removal and disposal of existing improvements, traffic control, protection and restoration of existing improvements, other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. Staff recommendation: Council adopt the resolution. (Director of Public Works) ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar items #2 through #6 and #8 through # 1 0, headings read, texts waived. The motion carried 5-0. 7. RESOLUTION NO. 19700, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, JEFF KATZ ARCHITECTURE (CONSULTANT) AND AYRES LAND COMPANY, (APPLICANT) FOR ARCHITECTURAL SERVICES TO BE RENDERED WITH REGARD TO THE DESIGN AND CONSTRUCTION OF APPLICANT'S PROJECT FIRE STATION #3 IN THE SUNBOW DEVELOPMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT During this fiscal year, Council approved CIP Project Number 129, which provides for the relocation and construction of Fire Station Number 3 from its current location to a site on Brandywine Avenue in the Sunbow Development. Preliminary planning, engineering and design are to occur this fiscal year, with construction the following fiscal year. In accordance with the Supplemental Subdivision Improvement Agreement with the developer, ACI Sunbow, a modified three-party agreement has been negotiated. (Fire Chief) Council asked the Fire Chiefto explain why the consultant selection process was being waived for this contract and requested a breakdown of architectural services provided by Jeff Katz Architecture to date, along with a comparison of fees charged for Fire Stations 3 and 4. ACTION: Following discussion, Councihnember Davis offered Resolution No. 19700, heading read, text waived. The motion carried 5-0. Page 3 - Council Minutes 12/07/99 ORAL COMMUNICATIONS David Crow, East J Street, objected to the installation of an all-way stop on East J Street. Mayor Horton referred the matter to staff for a report back to the Council. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING TO CONSIDER A TENTATIVE SUBDIVISION MAP KNOWN AS EASTLAKE TRAILS SOUTH TS-7, TRACT 00-01 FOR A 96-UNlT CONDOMINIUM PROJECT ON 8.9 ACRES LOCATED ON THE SOUTH SIDE OF CLUBHOUSE DRIVE, BETWEEN FUTURE SILVER SPRINGS DRIVE AND GRANITE SPRINGS DRIVE, WITHIN THE EASTLAKE TRAILS PLANNED COMMUNITY _ APPLICANT: SHEA HOMES RESOLUTION NO. 19704, RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS SOUTH TS-7, CHULA VISTA TRACT 00-0 I The project consists of a 96-unit condominium project on an 8.9 acre site. The tentative subdivision map being requested is to allow the housing units to be sold separately as condominiums. The land will remain under common ownership, with exclusive rights to use applicable fenced yard areas. The circulation system consists of private streets. (Director of Planning and Building) Notice ofthe hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Director of Planning and Building Leiter presented the proposal for Council consideration. Mayor Horton opened the hearing and asked if anyone from the audience wished to speak; there was no response. She then closed the hearing. ACTION: Deputy Mayor Salas offered Resolution No. 19704, heading read, text waived. The motion carried 5-0. 12. PUBLIC HEARING REGARDING THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE CONSTRUCTION OF THE SHIRLEY STREET SEWER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ALLOCATION OF COSTS AND AUTHORIZING THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE SHIRLEY STREET SEWER Based on residents' requests, the City recently constructed a sewer line in Shirley Street between North Second and Del Mar Avenue. Staff proposes that the City be repaid for the cost of constructing this sewer through a reimbursement district. (Director of Public Works) Page 4 - Council Minutes 12/07/00 PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing. ACTION: Councilmember Davis moved to continue the hearing to the meeting of January II, 2000, as recommended by Staff. The motion carried 5-0. 13. PUBLIC HEARING ON THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF CHULA VISTA TRACT NO. 96-04 (OT A Y RANCH SPA ONE) FOR THE CONSTRUCTION OF P ASEO AND PARK P-9 RESOLUTION DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHT-OF-WAY AND EASEMENTS FOR A PORTION OF LAND KNOWN AS OT A Y RANCH PARCEL 35A, LOCATED IN VILLAGE FIVE OF CHULA VISTA TRACT NO. 96-04 AS LISTED BELOW FOR THE GRADING AND CONSTRUCTION OF PASEO AND PARK P-9 AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHT-OF-WAY The hearing is to consider approval of a resolution to initiate eminent domain proceedings to acquire the fee simple of a portion ofland that will accommodate portions of the Paseo and Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation will also include the granting of temporary and permanent easements for slope and drainage purposes, which are necessary to construct said paseo and park. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing. ACTION: Councilmember Davis moved to continue the hearing to the meeting of December 14,1999, as recommended by Staff. The motion carried 5-0). OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. IS. MAYOR'S REPORTS A. Appointment of Deputy Mayor. ACTION: Councilmember Davis nominated Councilmember Moot to serve as Deputy Mayor for a term of one year. The motion carried 5-0. Page 5 - Council Minutes 12/07/99 OTHER BUSINESS (Continued) 16. COUNCIL COMMENTS Councilmember Salas A. RESOLUTION NO. 19705, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING CITY STAFF TO RESEARCH AND PREPARE A RECOMMENDATION FOR COUNCIL CONSIDERATION REGARDING ENACTMENT OF THE MILLS ACT IN CHULA VISTA ACTION: The Mills Act, Statutes of 1977, provides incentives to encourage the preservation, maintenance and restoration of designated historic properties. Adoption of the resolution will direct staff to research and prepare a recommendation for Council consideration regarding enactment of the Mills Act in Chula Vista. Councilmember Salas offered Resolution No. 19705, heading read, text waived. The motion carried 5-0. At 5:25 p.m., Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 17. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee organizations: Chula Vista Employees Association, Chula Vista Mid- Managers Association, Western Council of Engineers, Chu1a Vista Police Officers Association, and Local 2180 International Association of Fire Fighters AFL-CIO Instructions were given to the Negotiator. 18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Negotiating Parties: Under Negotiation: 1947 Brandywine Avenue, Assessor's Parcel #644-171-04-00 City of Chula Vista (Cliff Swanson) and Richard and Sandra Dare (owners) Purchase terms and conditions Instructions were given to the Negotiator. ADJOURNMENT At 6:20 p.m., Mayor Horton adjourned the meeting to an Adjourned Meeting to be held with the Redevelopment Agency and Housing Authority and thence to the Regular Meeting of December 14,m, 1999. Respectfully submitted, ~ -lrt~1?'~ Susan Bigelow, CMC/ AAE, City Clerk Page 6 - Council Minutes 12/07/99 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 14,1999 6:00 p.m. CALL TO ORDER ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. (Councilmember Moot arrived at 6:08 p.m.) PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1. Presentation of a donation to the Nature Center by Duke Energy Power Services Representatives of Duke Energy presented a check in the amount of $2,500 to Nature Center Director Dan Beintema. CONSENT CALENDAR (Items 2 through 13) 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on December 7,1999, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 3. RESOLUTION NO. 19708, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF MAIN STREET AND A PORTION OF SILVAS STREET A request was received to vacate two portions of excess right-of-way along Main Street and Silvas Street, adjacent to property located at 2590 Main Street and 1660 Silvas Street, both owned by the Leaf Family Trust. In accordance with Chapter 4, Section 8330 of the State Streets and Highways Code, this type of vacation may be performed summarily by adoption of a resolution ordering said summary vacation. Staff recommendation: Council adopt the resolution. (Director of Public Works) 4. RESOLUTION NO.19709, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NO. PE-460 FOR CONSTRUCTION OF TWO ENTRY PORTAL MONUMENTS PROPOSED FOR EASTLAKE TRAILS SOUTH SUBDIVISION LOCATED AT THE INTERSECTION OF CLUBHOUSE DRIVE AND HUNTE P ARKW A Y Page 1 - Council Minutes 12/14/99 CONSENT CALENDAR (Continued) Eastlake Company, LLC, a California Limited Liability Company, owner of the Eastlake Trails South Subdivision, is proposing to construct entry portal monument structures along the Clubhouse Drive frontage on both sides of the road. The frontage area is located within the City right-of-way, a general utility easement and sidewalk, tree planting and a maintenance easement. A portion of the entry monument structure is located in a future school site within a private maintenance easement belonging to the Eastlake Company. According to Section 12.28 of the Municipal Code, any permanent structures built within any easement, such as permanent monument signs, require City Council approval utilizing the encroachment permit process. Staff recommendation: Council authorize the issuance of Encroachment Permit No. PE-460, adopt the resolution, and direct the City Clerk to record the resolution and permit. (Director of Public Works) 5. RESOLUTION NO. 19710, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $194,285.60 FOR TWO REPLACEMENT AND ONE ADDITIONAL 5-CY DUMP TRUCKS TO DION INTERNATIONAL TRUCKS THROUGH COOPERATIVE BID #P6555/98 WITH THE CITY OF SAN DIEGO The FY 1999/00 equipment maintenance budget provides for the replacement of two five- cubic-yard dump trucks. The sewer facilities replacement budget provides for the purchase of one additional five-cubic-yard dump truck for the Sewer Maintenance Division. Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City, therefore, is participating in a current City of San Diego bid from Dion International Trucks. Staff recommendation: Council adopt the resolution. (Director of Public Works) 6. RESOLUTION NO. 19711, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $19,144 FROM CHULA VISTA TRANSIT'S AND THE CORPORATION YARD PUBLIC FACILITIES DIF'S (CORPORATIONY ARD DIF) AVAILABLE FUND BALANCES FOR ADDITIONAL FUNDS REQUIRED FOR THE PURCHASE OF A SERVICE/COMPRESSOR TRUCK In the FY 1999/00 budget, Council approved funding for a new Senior Maintenance Worker in Public Works Operations, along with funds to purchase a service/compressor truck to be shared with Chula Vista Transit. Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City, therefore, is participating in a current City of San Diego bid from Fuller Ford of Chula Vista for a net total cost of$53,144.02. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 2 - Council Minutes 12/14/99 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 19712, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $216,332.80 FOR REPLACEMENT AND ADDITIONAL POLICE PATROL SEDANS TO DOWNTOWN FORD THROUGH COOPERATIVE BID WITH THE STATE OF CALIFORNIA The FY 1999/00 equipment maintenance budget provides for the replacement of seven police patrol sedans. The Police Department budgeted for three additional patrol sedans for officers added to the force. Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City, therefore, is participating in a current Los Angeles County bid from Downtown Ford. Staff recommendation: Council adopt the resolution. (Director of Public Works) 8. RESOLUTION NO. 19713, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESTRUCTURING, AMENDING THE FISCAL YEAR 1999-2000 BUDGET BY RECLASSIFYING FOUR POSITIONS, ADDING ONE NEW POSITION, TRANSFERRING THREE EXISTING POSITIONS AND APPROPRIATIONS BETWEEN BUDGET UNITS, AND APPROVING ADDITIONAL APPROPRIATIONS OF $54,194 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND (4/5THS VOTE REQUIRED) The request is to approve the restructuring of the organization by reclassifYing four top management positions, re-establishing the previous position of Director of Parks and Recreation to manage a reconstituted department, and transferring the positions and related budget of the Training and Organizational unit from Human Resources to Administration. These actions will allow a reassignment of functions and responsibilities to better match the talents of individual managers and provide a framework to work. Staff recommendation: Council adopt the resolution. 9. ORDINANCE NO. 2804, AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.31.040 B.3 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE APPOINTMENT OF EX-OFFICIO MEMBERS OF THE MOBILEHOME RENT REVIEW COMMISSION On April 21, 1992, Ordinance 2502, amending Chapter 2.31 of the Chula Vista Municipal Code relating to the Mobilehome Rent Review Commission, was approved, making certain technical changes and corrections. At such time, Council voted to retain the ex-officio memberships, with one member to be a resident and one member to be a park owner. However, the codified version does not reflect what Council approved. Staff is recommending an amendment to Section 2.3l.040.B.3. to allow Council to appoint one ex- officio member who shall be a tenant of a mobilehome park and one ex -officio member who shall be an owner of a mobilehome park in order to correct Chapter 2.31 of the Municipal Code. Staff recommendation: Council place the ordinance on first reading. (Director of Community Development) Page 3 - Council Minutes 12/14/99 CONSENT CALENDAR (Continued) 10 A. RESOLUTION NO. 19714, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT OF $32,750 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM, THE CULTURAL ARTS PROGRAM, THE THERAPEUTICS PROGRAM, THE RECREATION DIVISION AND THE LIBRARY DIVISION (4/5TH'S VOTE REQUIRED) B. RESOLUTION NO. 19715, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF $6,400 FROM THE LIBRARY DONATIONS ACCOUNT TO THE FRIENDS OF THE LIBRARY ENDOWMENT FUND AT THE SAN DIEGO FOUNDATION Since July of 1999, the Library and Recreation Department has been receiving donations from various organizations and individuals to support the programs in the Department. At this time, the Department wishes to accept the donations and appropriate and budget the funds for the programs intended to receive the funds. Staff recommendation: Council adopt the resolution. (Director of Library and Recreation) 11. RESOLUTION NO. 19716, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND INNOVATIVE INTERFACES TO PROVIDE SERVICES FOR THE CITY OF CHULA VISTA INTEGRATED ON-LINE SYSTEM (IOLS); AND AUTHORIZING THE DIRECTOR OF FINANCE TO EX:ECUTE A LEASE-PURCHASE AGREEMENT THAT PROVIDES FUNDING FOR THE IOLS; AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO APPROVE AMENDMENTS TO THE CAPITAL IMPROVEMENT PROJECT AND DEBT SERVICE BUDGETS TO REFLECT THESE ACTIONS The Fiscal Year 1998/99 Capital Improvement Program included funds for the replacement ofthe Library's nine-year-old, labor intensive, computerized catalog and circulation system with a client-server-based, fully integrated, online library system (IOLS). During the last fiscal year, the Library began preliminary work on the infrastructure necessary to support a new system and on the design and release of a formal Request for Proposal. The selection process for a new IOLS concluded late this summer, with the committee unanimously recommending Innovative Interfaces' Millennium system. Staff recommendation: Council adopt the resolution. (Director of Library and Recreation) 12. RESOLUTION NO. 19717, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED SUBLEASE BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC FOR OFFICE SPACE IN EASTERN CHULA VISTA TO HOUSE THE CITY BUILDING INSPECTION SECTION AND A SATELLITE BUILDING PERMIT PROCESSING CENTER, AND AUTHORIZING THE MAYOR TO SIGN THE SUBLEASE AGREEMENT Page 4 - Council Minutes 12/14/99 CONSENT CALENDAR (Continued) In December of 1998, the City subleased 1,626 square feet of office space from the Eastlake Company, LLC, to house the Building Inspectors. The space was needed due to staff growth in the Department of Planning and Building and to space constraints in the Public Services Building. Subsequent Building Inspector staff growth and the desire to establish a satellite Building Permit Processing Center in eastern Chula Vista have necessitated additional office space. The amended and restated sublease provides an additional 1 ,693 square feet of office space, which will meet space needs for the term of the sublease and facilitate the establishment of a satellite Building Permit Processing Center in eastern Chula Vista. Staff recommendation: Council adopt the resolution. (Director of Planning and Building) 13. RESOLUTION NO. 19718, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT WITH PHILIP WILLIAMS & ASSOCIATES (PWA) FOR CONSULTING SERVICES FOR THE SPECIALIZED STREAMBED MEANDER DESIGN OF POGGI CREEK CHANNEL AS PART OF THE OLYMPIC PARKWAY PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The US Army Corps of Engineers recently issued a 404 Permit to the City for the construction of Olympic Parkway within the existing Poggi Creek. One ofthe conditions of granting this permit was for the City to hire an independent consultant having expertise in stream restoration and enhancement to create an acceptable channel design resulting in a meandering low-flow channel which functions more like natural stream. The 404 Permit conditions further required that the stream meander plan be prepared within a very expedited time frame for submittal to the Corps. Failure to meet the submittal schedule included in the permit will result in significant penalties to the City, including the possible revocation and modification of the permit. Staff recommendation: Council adopt the resolution. (Director of Public Works) With regard to Item #13, Councilmember Padilla asked what would constitute compliance with 404 permit requirements. Director of Public Works Lippitt stated that he would forward a report to the Council on the matter. ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING ON THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF THE OTAYRANCH SPA ONE FOR THE CONSTRUCTION OF A PASEO AND PARK P-9 Page 5 - Council Minutes 12/14/99 PUBLIC HEARINGS (Continued) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THE DECLARING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 ("TM 97-02") FOR THE OTA Y RANCH P ASEO AND PARK PROJECT The purpose of the hearing is to consider approval of a resolution to initiate eminent domain proceedings to acquire the fee simple of a portion ofland that will accommodate portions of the Paseo and Park P-9 in Village Five ofOtay Ranch SPA One. The condemnation would also include the granting of temporary and permanent easements for slope and drainage purposes, which are necessary to construct said paseo and park. Notice ofthe hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak; there was no response. ACTION: Mayor Horton moved to continue the hearing to January 11,2000, as requested by staff. Councilmember Davis seconded the motion, and it carried 4-0-1, with Deputy Mayor Moot abstaining. 15. CONSIDERATION OF MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE ORDINANCE NO. 2801-B, AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES (4/5TH'S VOTE REQUIRED) On November 16, 1999, Council approved Urgency Ordinance No. 2801-A, amending the Transportation Development Impact Fee (TDIF) Ordinance and Ordinance 2802, codifYing the new Transportation Development Impact Fee. Adoption of the proposed Urgency Ordinance will enable the City to continue to collect the fee during the 60-day waiting period before Ordinance 2802 becomes effective. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak; there was no response. She then closed the hearing. ACTION: Councilmember Padilla offered Ordinance No. 2801-B, heading read, text waived. The motion carried 5-0. Page 6 - Council Minutes 12/14/99 HEARINGS (Continued) 16. CONSIDERATION OF THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE CONSTRUCTION OF THE PROCTOR V ALLEY TRUNK SEWER RESOLUTION NO. 19719, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ALLOCATION OF COSTS, AUTHORIZING THE FORMATION OF A REIMBURSEMENT DISTRICT FOR CONSTRUCTION OF THE PROCTOR VALLEY TRUNK SEWER AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH PACIFIC BAY HOMES In July of 1992, the Baldwin Company completed the installation of approximately 9,800 linear feet of sewer line in Proctor Valley Road. The sewer facility was oversized to provide sewer capacity for all properties located within the Proctor Valley gravity sewer basin. On March 2, 1999, Council adopted Resolution 19381, initiating proceedings for the formation of a reimbursement district requested by Pacific Bay Homes for construction ofthe Proctor Valley Trunk Sewer and calling a public hearing. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak; there was no response. She then closed the hearing. ACTION: Mayor Horton offered Resolution No. 19719, heading read, text waived. The motion carried 5-0. 17. CONSIDERATION OF AMENDMENT TO SECTION 3.9 OF THE CHULA VISTA GAMING PLAN RESOLUTION NO. 19720, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 3.9 OF THE CHULA VISTA GAMING PLAN RELATING TO THE ISSUANCE OF WORK PERMITS On January 1, 1998, the New Gambling Control Act and the Business and Professions Code Sections 19851 and 19910.5 became effective and are binding on local jurisdictions. Cities like Chula Vista that have an ordinance governing gambling operations are required to amend their ordinances or gaming plans to comply with the provisions of the Business and Professions Code sections above. After a review of the City's Municipal Code relating to gambling and of the Chula Vista Gaming Plan, it was determined that Section 3.9 of the Gaming Plan relating to the issuance of work permits needs to be amended to comply with state law. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak; there was no response. She then closed the hearing. ACTION: Councilmember Salas offered Resolution No. 19720, heading read, text waived. The motion carried 5-0. Page 7 - Council Minutes 12/14/99 HEARINGS (Continued) 18. RESOLUTION NO. 19721, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PC-00-08, TO GTE WORLDWIDE TELECOMMUNICATION SERVICES TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 700 EAST NAPLES STREET GTE Worldwide Telecommunications Services has requested permission to construct and operate an unmanned cellular communications facility at 700 East Naples. The project would consist of an equipment building and a 31- foot-high streetlight (monopole) supporting two directional (panel) antennas. The monopole location is proposed to be adjacent to the Veteran's Home facility, which is presently under construction. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak; there was no response. She then closed the hearing. ACTION: Councilmember Salas offered Resolution No. 19721, heading read, text waived. The motion carried 5-0. ACTION ITEMS 19. RESOLUTION NO. 19722, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR TRANSIT/LAND USE COORDINATION The Metropolitan Transit District (MTDB) Board has worked with representatives oflocal jurisdictions within its service area to prepare a model Memorandum of Understanding (MOU) regarding coordination on transit and land use matters. The MOU would commit the City to providing MTDB staff with an opportunity to review and comment on local plans and development projects that are related to transit issues. At the same time, it would commit MTDB to consider transit-friendly community design as an important factor in evaluating the allocation oftransit improvement funding. Planning and Building Director Leiter explained the proposed MOU and stated that a representative from MTDB was present to answer Council questions. ACTION: Mayor Horton offered Resolution No. 19722, heading read, text waived. The motion carried 5-0. Page 8 - Council Minutes 12/14/99 ACTION ITEMS (Continued) 20. RESOLUTION NO. 19723, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SUBLEASE BETWEEN THE CITY OF CHULA VISTA AND HOUSE OF BLUES CONCERTS, INC.; RELATING TO THE PERFORMING AND VISUAL ARTS TASK FORCE; THE APPLICATION AND DISBURSEMENT PROCESS OF FUNDS FROM A PORTION OF TICKET SALES AT THE COORS AMPHITHEATER; THE ALLOCATION PROCESS FOR THE COMMUNITY USE DAYS; AND AUTHORIZING STAFF TO PREPARE A FORMAL AMENDMENT FOR EXECUTION BY THE MAYOR; AND AMENDING THE FY 99/00 BUDGET BY APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $64,422 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE PERFORMING ARTS FUND In 1997, the City Council approved a sublease with House of Blues Concerts, Inc. that established a process whereby ticket sales proceeds at Coors Amphitheater would be paid to the City and utilized for a Performing Arts Fund; and the City was granted a license to use the amphitheater facility for 18 calendar days per year. In February 1999, a Task Force appointed by the Mayor began drafting criteria for the allocation of the Performing Arts Fund and the community use days, as well as a process to administer these allocations. The Task Force has now completed these tasks. Library and Recreation Director Palmer presented an overview of the Performing Arts Fund, the criteria for community use ofthe facility, and the work undertaken by the Task Force. ACTION: Councilmember Davis offered Resolution No. 19723, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 21. CITY MANAGER'S REPORTS There were none. 22. MAYOR'S REPORTS There were none. 23. COUNCIL COMMENTS Councilmember Salas reported on the opening of the South County Regional Center on Oxford Street. Councilmember Padilla wished everyone a happy and safe holiday. At 7:25 p.m., Mayor Horton recessed the meeting to Closed Session. Page 9 - Council Minutes 12/14/99 CLOSED SESSION 24. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One case This item was not discussed. 25. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One case Direction was given to Counsel 26. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee Organizations: Chula Vista Employees Association, Chula Vista Mid- Managers Association, Western Council of Engineers, Chula Vista Police Officers Association, and Local 2180 International Association of Fire Fighters AFL-CIO No action was taken. At 8:50 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of January 4, 2000. Respectfully submitted, - ~'L~~~ Susan Bigelow, CMC/ AAE, City Clerk Page 10 - Council Minutes 12/14/99 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 4, 2000 4:00 p.m. A Regular Meeting ofthe Chula Vista City Council was called to order by Mayor Horton at 4:12 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1. Employee Recognition Award of the Month - Kathy Wigginton, Recreation Supervisor. Library & Recreation Director Palmer introduced Ms. Wigginton, and Mayor Horton presented a proclamation to her. CONSENT CALENDAR (Items 2 through 9 Mayor Horton noted that Item #9 would be considered on the Consent Calendar as recommended by staff. Deputy Mayor Moot stated that he would abstain from voting on Items #6 and #7. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on December 14, 1999, there were no actions which are required under the Brown Act to be reported. Staffrecommendation: The letter be received and filed. B. Letter of resignation from Anthony Ciotti, Sr., member of the Mobilehome Rent Review Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post a notice of the vacancy immediately in accordance with Maddy Act requirements. 3. ORDINANCE NO. 2804 , AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.31.040.B.3 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE APPOINTMENT OF EX-OFFICIO MEMBERS OF THE MOBlLEHOME RENT REVIEW COMMISSION CONSENT CALENDAR (Continued) On April 21, 1992, Ordinance No. 2502 amending Chapter 2.31 of the Chula Vista Municipal Code relating to the Mobile Home Rent Review Commission was approved, making certain technical changes and corrections. At such time, Council voted to retain the Ex-Officio memberships, with one member a resident and one member a park owner. However, the codified version does not reflect what Council approved. Staff is recommending an amendment to Section 2.31.040.B.3 to allow Council to appoint one Ex-Officio member who shall be a tenant of a mobilehome park and one Ex-Officio member who shall be an owner of a mobilehome park in order to correct Chapter 2.31 of the Municipal Code. Staff recommendation: Council place the ordinance on second reading for adoption. (Director of Community Development) 4. RESOLUTION NO. 2000-001, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A 12-FOOT PUBLIC DRAINAGE EASEMENT WITHIN ASSESSOR'S PARCEL NO. 622-111-12 AT 2620 MAIN STREET A request has been received to vacate a 12-foot public drainage easement within the property located at 2620 Main Street and owned by Louis Fernandez. In accordance with Chapter 4, Section 8330 of the State Streets and Highways Code, this type of vacation may be performed sunnnarily through adoption of a resolution ordering said sunnnary vacation. Staff recommendation: Council adopt the resolution. (Director of Public Works) 5. RESOLUTION NO. 2000-002, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA VISTA TRACT 96-04, OTAY RANCH SPA ONE, VILLAGE 5, UNITS 3, 5 AND 6 (PORTIONS OF NEIGHBORHOODS R-35, R-36 AND R-38), ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS ON SAID MAPS WITHIN SAID SUBDIVISION, AND APPROVING THREE "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS On April 20, 1999, Council approved the "Agreement for Financing and Construction of Olympic Parkway and Related Roadway Improvements." The approval of subject Final Maps is consistent with the cumulative equivalent dwelling unit threshold established by said agreement. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 2 - Council Minutes 01/04/2000 CONSENT CALENDAR (Continued) 6 A. RESOLUTION NO. 2000-003, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP FOR CHULA VISTA TRACT 98-04, McMILLIN OTAY RANCH SPA ONE, PHASE 3, UNIT 1 (R-4l), ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC SIERRA VERDE ROAD, CORRAL VIEW AVENUE, V ALLEY BEND STREET, MISTY RIDGE PLACE, AND RANCHETTE PLACE, ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST IN LOT A FOR OPEN SPACE AND OTHER PUBLIC PURPOSES, ALL AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2000-004, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 98-04, McMILLIN OTAY RANCH SPA ONE, PHASE 3, UNIT 1 (R-4l) AND AUTHORIZING THE MAYOR TO EXECUTE SAME C. RESOLUTION NO. 2000-005, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP FOR CHULA VISTA TRACT 98-04, McMILLIN OTAY RANCH SPA ONE, PHASE 3, UNIT 2 (R-42), ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC SIERRA VERDE ROAD, FALCON PEAK STREET, DEER PEAK COURT, AND RIDGE ROCK COURT, ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTERESTS IN LOT A FOR OPEN SPACE AND OTHER PUBLIC PURPOSES, ALL AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT D. RESOLUTION NO. 2000-006, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 98-04, McMILLIN OTAY RANCH SPA ONE, PHASE 3, UNIT 2 (R-42) AND AUTHORIZING THE MAYOR TO EXECUTE SAME The approval of the Final Maps, Subdivision Improvement Agreements, and Supplemental Subdivision Improvement Agreements will be considered for McMillin Otay Ranch SPA One, Phase 3, Unit 1 (R-4l). Said map contains 92 single-family lots, public streets, and one private open space lot to be maintained by a Homeowners Association. Staff recommendation: Council adopt the resolutions. (Director of Public Works) Page 3 - Council Minutes 01/04/2000 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2000-007, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, McMILLIN OTAY RANCH, LLC, AND MOONEY & ASSOCIATES, FOR PREPARATION OF CEQA-REQUIRED ENVIRONMENTAL DOCUMENTS FOR THE OTAY RANCH VILLAGES 6, 7, FREEWAY COMMERCIAL, AND EASTERN URBAN CENTER IN PLANNING AREA 12 SPAs, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City's General Development Plan requires the preparation of environmental documents in conjunction with the Otay Ranch Villages 6, 7, FC, and EUC in Planning Area 12 SPAs. Adoption of the resolution will approve the proposed contract with Mooney & Associates for $112,130 to provide consultant services for the preparation of the CEQA-required environmental documents. Staff recommendation: Council adopt the resolution. (Director of Planning & Building) 8. RESOLUTION NO. 2000-008, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE RETENTION AGREEMENT WITH PEGGY McCARBERG, ESQ. FOR LEGAL SERVICES TO BE PERFORMED UNDER THE SUPERVISION OF THE CITY ATTORNEY FOR THE REMAINDER OF THE FISCAL YEAR For the past five years, Ms. McCarberg has assisted the Office of the City Attorney on an hourly basis in the preparation of numerous development agreements, planning and engineering documents, and other assorted legal documents. Due to the volume of work accomplished this year, her compensation will soon exceed $50,000; therefore, the hourly retention agreement needs to be extended for the remainder of the year. Ms. McCarberg charges either $87.50 or $110 per hour, depending on the nature of the assignment. She normally performs 25 to 30 hours of legal services per week, depending upon the needs of the City. Staff recommendation: Council adopt the resolution. (City Attorney) 9. RESOLUTION NO. 2000-009, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO DBX, INC. FOR THE FY 98/99 TRAFFIC SIGNAL LOOP DETECTOR REPLACEMENT (CIP NO. TF260) On November 24, 1999, the Director of Public Works received sealed bids from five electrical contractors for the implementation of the FY 98/99 Traffic Signal Detector Loop Replacement program at various locations. The project was approved and funded in the City's 98/99 Capital Improvement Program and addressed various signalized intersections experiencing some degradation due to malfunctioning vehicle detectors. This is an on-going maintenance project which is evaluated each fiscal year. Staff recommendation: Council adopt the resolution. (Director of Public Works ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Items #6 and #7, which carried 4-0-1, with Deputy Mayor Moot abstaining. Page 4 - Council Minutes 01/04/2000 ORAL COMMUNICATIONS Billy Cox, 49 Third Avenue, Chula Vista, representing the Chula Vista Police Officers Association, encouraged taxpayers to make donations to the California Peace Officer Memorial Fund on their state income tax forms. Mark Quintero, 1491 Brandywine Avenue, Chula Vista, requested an explanation regarding the denial of his claim against the City. Mayor Horton referred him to staff members who were present at the Council Meeting. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Rowlands suggested that the City Council/Redevelopment Agency hold a workshop on Thursday, January 20,2000, at 4:00 p.m. II. MAYOR'S REPORTS A. Ratification of appointment to the Growth Management Oversight Commission - Arthur M. Garcia. ACTION: Mayor Horton moved to ratify the appointment of Arthur M. Garcia to the Growth Management Oversight Commission. Councilmember Davis seconded the motion, and it carried 5-0. 12. COUNCIL COMMENTS There were none. CLOSED SESSION 13. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee organizations: Chula Vista Employees Association, Chula Vista Mid-Managers Association, Western Council of Engineers, Chula Vista Police Officers Association, and Local 2180 International Association of Fire Fighters AFL-CIO. No action was taken. ADJOURNMENT At 4:45 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of January 11, 2000. Respectfully submitted, ~~~~ Susan Bigelow, CMC/AAE, City Clerk Page 5 - Council Minutes 01104/2000 D f"\" ,.. T .K" i"\ t MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 11,2000 6:00 p.m. A Regular Meeting of the Chula Vista City Council was called to order by Deputy Mayor Moot at 6:00 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Councilmembers Davis, Moot, Padilla, and Salas ABSENT: Mayor Horton PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY I A. Report on County Water Authority rate structuring by Otay Water District and Sweetwater Authority Deputy Mayor Moot noted that the report had been cancelled. B. Oath of Office: Growth Oversight Committee - Arthur M. Garcia City Clerk Bigelow administered the oath to Mr. Garcia, and Councilmember Padilla presented him with a certificate of appointment. CONSENT CALENDAR (Items 2 through 8) Deputy Mayor Moot noted that he would abstain from voting on Consent Items #3A and #4. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on January 4, 2000, there were no reportable actions which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 3 A. RESOLUTION NO. 2000-011, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, McMILLIN OTAY RANCH, LLC AND NM HOMES TWO, INC. (CO-APPLICANTS) AND MOONEY & ASSOCIATES (CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA- REQUIRED ENVIRONMENTAL DOCUMENTATION FOR AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2000-012, RESOLUTION WANING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, NM HOMES TWO, INC. (APPLICANT), AND MOONEY & ASSOCIATES (CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA-REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE OTAY RANCH VILLAGE 11 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The California Environmental Quality Act (CEQA) requires the preparation of environmental documents in conjunction with Otay Ranch Village 11. Adoption of the first resolution approves the proposed contract with Mooney & Associates for $63,820 to provide environmental consulting services for Village 11. McMillin Otay Ranch, LLC and NM Homes Two, Inc. are currently processing amendments to the Otay Ranch GDP. The Environmental Review Coordinator has determined that environmental documentation must be prepared for the project. Adoption of the second resolution approves the proposed contract with Mooney & Associates for $115,681 for environmental consulting services. Staff recommendation: Council adopt the resolutions. (Director of Planning & Building) 4. RESOLUTION NO. 2000-013, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN McMILLIN OTAY RANCH LLC AND THE CITY FOR THE MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A PORTION OF McMILLIN OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves an agreement with McMillin setting forth the obligations of the developer and future homeowners association for maintaining certain public landscaping improvements within McMillin Otay Ranch SPA One, Subdivision Map Nos. 13605, 13680, 13681, 13705, 13706, and 13710. Staff recommendation: Council adopt the resolution. (Director of Public Works) 5. RESOLUTION NO. 2000-014, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE USE OF $5 MILLION IN TRANSPORTATION SALES TAX (TRANSNET) FUNDS FOR THE I-805/0LYMPIC PARKWAY INTERCHANGE PROJECT IN PLACE OF $5 MILLION IN FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDS, AND COMMITTING THE CITY TO THE COMPLETION OF THE I-805/0LYMPIC PARKWAY INTERCHANGE PROJECT On December 9, 1999, the SANDAG Cities/County Transportation Advisory Committee approved the shifting of $5 million in STP funds from the I-805/01ympic Parkway interchange project to the Fiscal Year 2000/2001 Pavement Rehabilitation Program, replacing it with TransNet funds. Adoption of the resolution commits the City to spend $5 million in TransNet funds on the interchange project during fiscal years 2000/2001, 2001/2002 and 2002/2003. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 2 - Council Minutes 1/1112000 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2000-015, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "CONCRETE FREIGHT CROSSINGS FOR BAY BOULEVARD AND 'J' STREET (ST-961)" PROJECT IN THE CITY OF CHULA VISTA, CA This project is part of the "Main Street, Industrial to Broadway" (ST -961) project. The reconstruction of the freight crossings was part of the agreement with MTDB to pay for the storm drain easement for the Main Street project within the MTDB right-of-way. The low bidder did not have the required experience and did not list any sub-contractors qualified to do the railroad track work. Staff recommendation: Council adopt the resolution rejecting bids and directing the Director of Public Works to re-advertise the work with modified specifications in order to attract more qualified bidders for the project. 7. RESOLUTION NO. 2000-016, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMPENSATION ADJUSTMENTS FOR CLASSIFICATIONS REPRESENTED BY CVEA AND WCE, AND FOR CLASSIFICATIONS INCLUDED IN THE CATEGORIES OF EXECUTIVE, SENIOR AND MIDDLE MANAGEMENT, CONFIDENTIAL, AND UNCLASSIFIED HOURLY TO BE EFFECTIVE WITH THE PAY PERIOD BEGINNING DECEMBER 31, 1999 AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING THE NECESSARY FUNDING THEREFOR (4/5THS VOTE REQUIRED) This item approves compensation adjustments and related funding for various classifications based on a market study of compensation levels for all management and non-safety employee classifications. Staff recommendation: Council adopt the resolution. (Director of Human Resources/ Deputy City Manager) 8. RESOLUTION NO. 2000-017, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 4 FOR THE "1- 805/TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (STM-304)" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY Change Order No.4, totaling $16,694.54, consists of extra work items required for the construction of two drainage structures within the existing Telegraph Canyon Road median at Station 5 + 2-. This work is required because previous work performed by CalTrans was not adequately reflected in the "As-Built" CalTrans drawings for the existing substandard drainage structures used in the design of the project plans and specifications. Because the change order exceeds $10,000, it requires Council authorization. Staff recommendation: Council adopt the resolution. (Director of Public Works) ACTION: Deputy Mayor Moot moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0, except with regard to Items #3A and 4, which carried 3-0-1, with Deputy Mayor Moot abstaining. Page 3 - Council Minutes 1/1112000 ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. CONSIDERATION OF MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE ORDINANCE NO. 280l-C, AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY=S EASTERN TERRITORIES (4/5TH=S VOTE REQUIRED) On November 16, 1999, Council approved Urgency Ordinance No. 280l-A, amending the Transportation Development Impact Fee (TDIF) Ordinance, and Ordinance 2802, codifYing the new Transportation Development Impact Fee. On December 15, 1999, Council approved Urgency Ordinance No., 280l-B. Adoption of proposed Urgency Ordinance 280l-C enables the City to continue to collect the fee during the 60-day waiting period before Ordinance 2802 becomes effective. Notice ofthe hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy Mayor Moot opened the public hearing and asked if anyone from the audience wished to speak; there was no response. Deputy Mayor Moot closed the hearing. ACTION: Deputy Mayor Moot offered Ordinance No. 280l-C, heading read, text waived. The motion carried 4-0. 10. CONSIDERATION OF THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE CONSTRUCTION OF THE SHIRLEY STREET SEWER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ALLOCATION OF COSTS AND AUTHORIZING THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE SHIRLEY STREET SEWER Based on residents' requests, the City recently constructed a sewer line in Shirley Street, between North Second and Del Mar Avenue. Staff proposes that the City be repaid for the cost of constructing the sewer through a reimbursement district. On November 16, 1999, Council adopted Resolution No. 19657 initiating proceedings and setting the public hearing for this date. (Continued from December 7, 1999.) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy Mayor Moot opened the public hearing and asked if anyone wished to speak; there was no response. ACTION; Councilmember Padilla moved to continue the hearing to February 8, 2000. Councilmember Davis seconded the motion, and it carried 4-0. Page 4 - Council Minutes 1/11/2000 HEARINGS (Continued) II. CONSIDERATION OF THE FORMATION OF UNDERGROUND UTILITY DISTRlCT NO. 130 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO PALOMAR STREET RESOLUTION NO. 2000-018, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRlCT NO. 130 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO PALOMAR STREET AND AUTHORlZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRlV ATE SERVICE LATERAL CONVERSION On November 16, 1999, by Resolution No. 19654, the Council ordered a public hearing to be held on this date to determine whether the public health, safety or general welfare requires the formation of a utility underground district along Orange Avenue from Fourth Avenue to Palomar Street. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed district is about 1,350 feet long and is estimated to cost approximately $440,000. SDG&E's allocation funds (Rules 20-A) will be used to cover the cost of the project, including reimbursements to affected property owners for their respective trenching costs. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy Mayor Moot opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and he closed the hearing. At the request of Councilmember Davis, Public Works Director Lippitt explained how the property owners would be reimbursed for trenching costs. ACTION: Councihnember Davis offered Resolution No. 2000-18, heading read, text waived. The motion carried 4-0. 12. CONSIDERATION OF THE ACQUISITION OF CERTAIN PROPERTY RlGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF THE OTAY RANCH SPA ONE FOR THE CONSTRUCTION OF A P ASEO AND PARK P-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING AND DECLARING PUBLIC INTEREST AND NECESSITY FOR ACQUIR1NG AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 ("TM 97-02") FOR THE OTAY RANCH PASEO AND PARK PROJECT The purpose of the hearing is to consider the approval of the resolution initiating eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation will also include the granting of temporary and permanent easements for slope and drainage purposes, which are necessary to construct said Paseo and park. (Continued from December 14,1999.) Page 5 - Council Minutes 1/11/2000 HEARINGS (Continued) Deputy Mayor Moot noted that the hearing was continued from December 14, 1999, and he asked if anyone in the audience wished to speak; there was no response. ACTION; Councihnember Salas moved to continue the hearing to January 25, 2000. Councilmember Padilla seconded the motion, and it carried 3-0-1, with Deputy Mayor Moot abstaining. OTHER BUSlNESS 13. CITY MANAGER'S REPORTS City Manager Rowlands reminded the Council of the joint workshop on BRT proposals and DRC review, scheduled at 4:00 p.m. on Thursday, January 20,2000. City Manager Rowlands also suggested that the City Council hold a workshop on Thursday, February 10,2000 at 4:00 p.m. to discuss bonds for the Redevelopment Agency. 14. MAYOR'S REPORTS There were none. 15. COUNCIL COMMENTS There were none. At 6:26 p.m., Deputy Mayor Moot recessed the meeting to Closed Session. CLOSED SESSION 16. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Approximately seven acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course Negotiating Parties: City of Chula Vista (Chris Salomone/Sid Morris), The Phair Co., and American Golf Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property This item was not discussed. 17. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee Organizations: Chula Vista Employees Association, Chula Vista Mid- Managers Association, Western Council of Engineers, Chula Vista Police Officers Association, and Local 2180 International Association of Fire Fighters AFL-CIO This item was not discussed. Page 6 - Council Minutes 1/11/2000 CLOSED SESSION (Continued) 18. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One case Instructions were given to Counsel. ADJOURNMENT _At 7:00 p.m., Deputy Mayor Moot adjourned the meeting to the Regular Meeting of January 18, 2000, at 6:00 p.m. in the Council Chambers. Respectfully submitted, c ~u.~~ Susan Bigelow, CMC/AAE, City Clerk Page 7 - Council Minutes 1/11/2000 DR/\FT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 18, 2000 6:00 p.m. A Regular Meeting of the Chula Vista City Council was called to order by Mayor Horton at 6:00 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton (Councilmember Padilla arrived at 6:10 p.m.) ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY Presentation by Supervisor Greg Cox recognizing local companies for supporting the welfare-to-work program. Supervisor Cox thanked Maximus of South County, the City, the Chamber of Commerce, and the business community for support received for the welfare-to-work program. David Heney, Project Manager for Maximus in South County, stated that the program has been very successful during the past 18 months, and he commended businesses and agencies who have worked in partnership, as well as the City and Board of Supervisors for help in moving families from dependency to self-sufficiency. CONSENT CALENDAR (Items 1 through 3) Mayor Horton stated that Consent Item #2 would be continued to the meeting of January 25, 2000, at the recommendation of staff. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on January 11,2000, there were no actions which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. CONSENT CALENDAR (Continued) 2. REPORT DENYING THE APPEAL OF AN ALL-WAY STOP AT THE INTERSECTION OF EAST J STREET AND LASENDA WAY Mayor Horton requested a report to Council after a request to appeal was made by David Krogh, a member of the public, at the Council meeting of Tuesday, December 7,1999. Based on the provisions of the Safety Commission Policy, adopted by resolution of the City Council on March 14, 1995, whenever the Safety Commission and the City Engineer concur on the implementation of a traffic safety improvement, the resolution of the issue is considered final unless appealed by a member of the Council within 10 days of the decision of the Safety Commission. The Safety Commission decision was reached at its meeting of Thursday, November II, 1999. Staff recommendation: Continue to the meeting of January 25, 2000. (Director of Public Works) 3. RESOLUTION NO. 2000-019, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CALIFORNIA STATE LIBRARY, PUBLIC LIBRARY FOUNDATION FUNDS AWARDED TO THE CHULA VISTA PUBLIC LIBRARY, APPROPRIATING THE UNANTICIPATED REVENUE, AMENDING FISCAL YEAR 1999/2000 BUDGET, AND RECLASSIFYING TWO CURRENT POSITIONS (4/5THS VOTE REQUIRED) As a result of the Governor's authorized increase in the Public Library Foundation (PLF) fund, the Chula Vista Public Library's share ofthe PLF allocation has risen by $90,810 to $281,187 this year. When the City Council approved the FY 99/00 budget, a transfer of $190,377 from PLF to the General Fund was included in the City Manager's budget. The State Library has now formally issued this year's PLF payment with the augmented funds. The Library requests that the unanticipated $90,810 be appropriated in the Library's General Fund to support the circulating book collection, compact disc shelving, upgrades of two existing positions, and enhance the security guard allocation. Staff recommendation: Council adopt the resolution. (Library & Recreation Director) ACTION: Mayor Horton moved to approve staff recommendations, noting that Item #2 was continued, and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. CONSIDERATION OF ESTABLISHING UTILITY UNDERGROUNDING DISTRICT NO. 128 ALONG BROADWAY FROM C STREET TO E STREET Page 2 - Council Minutes 1/18/2000 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2000-020, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 128 ALONG BROADWAY FROM "C" STREET TO "E" STREET AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION On November 30, 1999, by Resolution No. 19680, the City Council ordered a public hearing to be held on January 18,2000 to determine whether the public health, safety or general welfare requires the formation of a utility undergrounding district along Broadway from C Street to E Street. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed utility undergrounding district is about 2,600 feet long and is estimated to cost approximately $513,000. SDG&E's allocation funds (Rule 20-A) will be used to cover the cost of the project, including reimbursements to affected property owners for their respective trenching costs. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton asked that this work be coordinated with that planned in the near future to avoid further inconvenience to businesses and residents. Councilmember Salas confirmed that the subject area would have better street lighting as a result of the project. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Mayor Horton offered Resolution No. 2000-020, heading read, text waived. The motion carried 5-0. 5. CONSIDERATION OF AN AMENDMENT TO THE RANCHO DEL REY SECTIONAL PLANNING AREA I (pCM-00-06) RESOLUTION NO. 2000-021, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) DESIGN GUIDELINES IN ORDER TO ALLOW THE PLACEMENT OF THREE MONUMENT SIGNS WITHIN A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST H STREET AT THE RANCHO DEL REY BUSINESS/COMMERCIAL CENTER, AND PLACE DIRECTIONAL SIGNS WITHIN THE CENTER The City of Chula Vista has been working for the past several months with the management of the Rancho del Rey Business/Commercial Center toward the creation of a Page 3 - Council Minutes 1/18/2000 PUBLIC HEARINGS (Continued) sign program. Tenants of the Center feel that their businesses are not visible from East H Street, and that signage situated along this street is necessary in order to attract customers. The applicants are proposing to place three monument signs along East H Street. They are also requesting that new directional signs be allowed within the center in order to facilitate vehicular circulation and parking. The proposed signage requires the modification of the Rancho del Rey SPA I design guidelines. Mayor Horton noted that this hearing was continued from the meeting of November 30,1999. Planning & Building Department staff presented the revised sign designs, noting that the movie marquee had been eliminated, the number was reduced from four signs to three, and the applicant was requesting an increase in height of the monument signs in order to allow space to advertise a future tenant. Jeff Rogers, representing C.W. Clark, a major tenant in the center, stated that the applicant has brought forward a balanced perspective on the issue of accommodating the needs of the businesses while preserving the aesthetic landscaping along H Street. He stated that there are three rather than four signs proposed. Regal Cinemas has been incorporated onto one of them, requiring an increase in height. Black shadowing was also added to the lettering. He then presented images of the proposed signs superimposed on the site. Brian Caster, representing A-I Self Storage, asked the Council to approve the request. Jerry Navarra, representing Jerome's Furniture, stated that the signage is needed to accommodate fast-moving traffic and indecisive drivers looking for the businesses. There being no further public comments, Mayor Horton closed the public hearing. Mayor Horton questioned the current sign height regulations. Planning & Building Director Leiter responded that current regulations allow a 6' sign, however, those proposed are 9'6" in order to allow visibility from both sides of H Street. David Cowan, representing Motivational Designs, explained the formula for sign visibility. Mayor Horton objected to the height of the proposed signs, stating that she had been contacted by several homeowner associations that adamantly objected to large signage that would interfere with the ambiance of the area. Councilmember Salas commented that she had been contacted as well, however, a previous Council had made a decision to change the property from industrial to retail several years ago, and the City now has a responsibility to make sure that businesses can succeed in the Center. Councilmember Davis stated that signs are needed for the businesses and for the safety of drivers looking for the businesses. Councilmember Padilla stated that the Council needs to balance competing interests and that he was willing to compromise on the request. He suggested that a uniform, subtle color be used on Page 4 - Council Minutes 1/18/2000 the lettering for the signs. PUBLIC HEARINGS (Continued) Mayor Horton stated that while she felt some signage would be helpful, it should not be as large as proposed and she opposed a 10' sign on H Street, which she believed would be invasive and would violate the scenic corridor. She also objected to the color ranges and suggested the use of more subtle colors. Mayor Horton then moved to change the lettering of the proposed signs to a uniform, subtle color and to limit the signs to 9 feet. Councilmember Padilla seconded the motion. To the question, Councilmember Salas commented that corporate sign designs, including the color of the lettering, are registered trademarks so that people can readily identify the businesses. Mayor Horton responded that the applicant could then change to uniform lettering rather than using corporate logos and icons. Deputy Mayor Moot asked the criteria for deciding which businesses would be represented on the signs. Mr. Rogers responded that the City is involved only in the sign design, and the developer would decide which businesses would have signage. Councilmember Davis stated that corporate designs and logos are necessary so that drivers can easily and quickly identify businesses. Mayor Horton then called for a vote on her motion, and it failed 2-3, with Councilmembers Davis, Moot and Salas voting in opposition. ACTION: Deputy Mayor Moot offered Resolution No. 2000-021 as presented, heading read, text waived. The motion carried 3-2, with Councilmember Padilla and Mayor Horton opposing. OTHER BUSINESS 6. CITY MANAGER'S REPORTS There were none. 7. MAYOR'S REPORTS There were none. 8. COUNCIL COMMENTS Councilmember Davis reported on the discussion of the definition of "smart growth" at a recent League Policy Committee meeting. At 7:49 p.m., Mayor Horton recessed the meeting to Closed Session. Page 5 - Council Minutes 1/18/2000 CLOSED SESSION 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Approximately seven acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course Negotiating Parties: City of Chula Vista (Chris Salomone/Sid Morris), The Phair Co., and American Golf Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property This item was not discussed. 10. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) Two cases No reportable action was taken. ADJOURNMENT At 9:50 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting to be held January 20, 2000 at 4:00 p.m. in the Council Conference Room. Respectfully submitted, =- fu~J (l ~ Susan Bigelow, CMC/AAE, City Clerk Page 6 - Council Minutes 1/18/2000 DRJ\FT MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 20, 2000 Council Conference Room 4:00 P.M. Administration Building An Adjourned Meeting ofthe City Council of the City ofChula Vista was called to order by Mayor Horton at 4: I 0 p.m. in the Council Conference Room, located in the Administration Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: Councilmembers: None 2. PROGRESS REPORT AND DISCUSSION REGARDING BUSINESS RESPONSE TEAM (BRT) ACTIVITIES The BRT has established a mission statement and ambitious goals, which include the development of a comprehensive Chula Vista Economic Development Strategic Plan and interdepartmental efforts to enhance customer service, streamline the permitting process, reduce the TDIF for commercial/industrial uses, and proactively partner with the McMillin Company to plan the Eastern Urban Center (EUe). Economic Development Manager Dye presented the update, including the BRT's mission statement, goals, and accomplishments to date; the purpose of the Economic Development Strategic Plan, the Strategic Plan Task Force's mission statement and goals, and the activities of the "Red Team"; and the mission statements and goals of Task Forces for Enhanced Customer Service, TransDIF Fee Reduction, and the Eastern Urban Center. Assistant Planning Director Sandoval updated the Council on the mission and goals of the Permit Streamlining Task Force and recent improvements in the development review process. 3. UPDATE ON DESIGN REVIEW COMMITTEE PROCESS On October 19, 1999, the City Council reviewed a proposal from the Design Review Committee to change its title to Design Review Commission. After a brief discussion, the Council continued the item to a future workshop to discuss the City's overall design review process. Assistant Planning Director Sandoval provided an overview of the Design Review process, the role of the Committee, feedback from the development community, and improvements that have been made in the process. He also discussed the benefits of the Committee and recommended that the Council maintain the existing design review system and continue seeking feedback from clients regarding the process. Rod Davis, representing the Chamber of Commerce, asked the Council to abolish the Design Review Committee and split the responsibilities between staff, the Planning Commission and the Council. He stated that the current process requires multiple reviews, taking too much time and making it difficult on the applicants. Jeny Livingston, representing the Building Industries Association, also asked the Council to abolish the Committee, which he believed caused too many time delays. He suggested that, if the Committee is not abolished, it consider projects earlier in the process so that majorredesigns are not required at a later time. He also reported that the Committee has occasionally had difficulty obtaining a quorum, and agendas are too full, causing continuances. Guy Asaro, EastLake Company, stated that the administrative review process is more thorough and effective than that provided by the DRC, and he questioned the value that the DRC adds to the process. He asked that, if the Council decides to retain the DRC, the DRC, as well as all ad hoc committees, be required to abide by strict guidelines. ACTION: Following discussion, it was the consensus of the Council to direct staff to return with a report by the end of March that includes statistics on how many times projects required multiple reviews by the DRC during the past year; and the ramifications, including staffing implications, of abolishing the committee and delegating the responsibilities to staff or the Planning Commission versus revamping the committee under new guidelines which might include limiting the DRC to a one-time review of projects. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 5:39 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of January 25, 2000. Respectfully submitted, ~ ~~[~~~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Council Minutes 01/20/00 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 4:00 P.M. FEBRUARY 1,2000 A Regular Meeting of the City Council of the City of Chu1a Vista was called to order at 4:09 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. (Councilmember Padilla arrived at 4:12 p.m., and Deputy Mayor Moot arrived at 4:38 p.m.) ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY I A. Employee Recognition Award of the Month - Anna Kemery, Confidential Administrative Secretary, Human Resources Department. Human Resources Director Emerson introduced Anna Kemery, and Mayor Horton presented a proclamation to her for her dedicated service to the City. B. Presentation by the Port of San Diego regarding the Regional Airport Master Planning process. Mayor Horton noted that this item would be rescheduled on a future agenda. CONSENT CALENDAR (Items 2 through 12) Mayor Horton and Councilmember Salas asked that Consent Calendar Item #8 be removed for separate consideration. Councilmember Padilla asked that Item #6 also be considered separately. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on January 25, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter from The Main Attraction Parent Boosters, Inc. on behalf of student, Mendy Poehlein, requesting financial assistance for the Main Attraction and DreamGirls of Chula Vista High School to travel to Europe in a cultural exchange. Under Policy 159-02, Council has approved the expenditure of funds for various Chula Vista students to attend such functions in exchange for a presentation to a City youth group. CONSENT CALENDAR (Continued) Staff recommendation: $50 from the Council Contingency Account be granted to Mendy Poehlein toward expenses incurred for her participation in Europe with the Main Attraction and DreamGirls in exchange for which the City will execute a contract with Ms. Poehlein to make a presentation to one of the City's youth groups. C. Letter of resignation from Jeanne M. Reynolds, member of the Mobilehome Rent Review Commission. Staff recommendation: The resignation be accepted with regret, and the City Clerk be directed to post immediately according to the Maddy Act in the Office of the City Clerk and the public library. 3. RESOLUTION NO. 2000-030, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SIDE LETTER TO THE 1998-2001 CVEA MOU - "PROFESSIONAL ENRICHMENT" During the negotiation process with the Chula Vista Employees' Association (CVEA) in June 1998, it was agreed, via sideletter, to reopen the Memorandum of Understanding (MOV) to address the issue of professional enrichment. As a result, CVEA and Human Resources management developed an administrative policy. Staff recommendation: Council adopt the resolution. (Director of Human Resources) 4 A. RESOLUTION NO. 2000-031, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING McMILLIN OTAY RANCH, LLC AND OTAY PROJECT, L.P. TO CONSTRUCT PORTIONS OF OLYMPIC PARKWAY FROM BRANDYWINE TO SR 125, PASEO RANCHERO FROM PALOMAR STREET TO OLYMPIC P ARKW A Y, LA MEDIA ROAD FROM PALOMAR STREET TO OLYMPIC PARKWAY, AND EAST PALOMAR STREET FROM THE EASTERLY SUNBOW BOUNDARY TO P ASEO RANCHERO IN ORDER FOR THE DEVELOPERS AND/OR THE COMMUNITY FACILITY DISTRICT NOS. 99-1 AND 97-3 TO BE ELIGffiLE TO RECEIVE FUTURE CREDIT OR REIMBURSEMENT AGAINST TRANSPORTATION DEVELOPMENT IMPACT FEES PURSUANT TO ORDINANCE NOS. 280l(C) AND 2802 B. RESOLUTION NO. 2000-032, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH McMILLIN OTAY RANCH, LLC REGARDING TRANSPORTATION DEVELOPMENT IMPACT FEES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT C. RESOLUTION NO. 2000-033, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH OTAY PROJECT, L.P. REGARDING TRANSPORTATION DEVELOPMENT IMPACT FEES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT Page 2 - Council Minutes 02/01/2000 CONSENT CALENDAR (Continued) The City Engineer received letters from McMillin Otay Ranch, LLC and Otay Project, L.P., requesting authorization to construct roadway facilities identified in the City's Transportation Development Impact Fee (TOIF) program. The facilities include Olympic Parkway from Brandywine to SR 125, Paseo Ranchero from Palomar Street to Olympic Parkway, La Media Road from Palomar Street to Olympic Parkway, and East Palomar Street from Sunbow's easterly boundary to Paseo Ranchero. Construction of the improvements will be phased, and the plans are in various stages of approval. Consequently, the developer has agreed, via a letter agreement, to comply with the provisions of Municipal Code Section 3.54.040(C) prior to obtaining TDIF credit against fees. Adoption of the resolutions will authorize the developers to construct these Development Impact Fee facilities and be eligible to receive credit against these fees. Staff recommendation: Council adopt the resolutions. (Director of Public Works) 5. RESOLUTION NO. 2000-034, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE REGIONAL WASTEWATER DISPOSAL AGREEMENT TO INCLUDE THE EAST OTAY MESA SEWER MAINTENANCE DISTRICT AS A PARTICIPATING AGENCY In accordance with Section XIV-B of the regional wastewater disposal agreement, the County of San Diego requested the City of Chula Vista and all agencies participating in the Metropolitan Sewerage System (Metro) to approve an amendment to the agreement to accept the East Otay Mesa Sewer Maintenance District as a new participating agency member. The participating agencies, including the City of Chula Vista, have approved a regional wastewater disposal agreement dated May 18, 1998 which, among other provisions, provides for certain contract capacity rights in the Metro system. Staff recommendation: Council adopt the resolution. (Director of Public Works) 7. RESOLUTION NO. 2000-036, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST FROM THE BONITA BUSINESS AND PROFESSIONAL ASSOCIATION, INC. TO CONDUCT THE SECOND ANNUAL COPPS (COMMUNITY ORIENTED POLICING AND PROBLEM SOLVING) CHILI COOK-OFF AT ROHR PARK ON SUNDAY, APRIL 30,2000 The Bonita Business and Professional Association, Inc. is requesting the use ofRohr Park on Sunday, April 30, 2000, to conduct a fund-raiser to benefit the Bonita Public Safety Center and the Polinski Children's Center. Staff recommendation: Council adopt the resolution, subject to staff conditions. (Director of Public Works) Page 3 - Council Minutes 02/01/2000 CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2000-038, RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CHANGING THE NAME OF OTAY RIO ROAD TO ENTERTAINMENT CIRCLE On October 5,1999, the City Council approved changing the name ofOtay Valley Road to Main Street from west of Interstate 805 easterly to SR 125. The portion of Otay Valley Road from where it turns south to the City boundary was renamed Heritage Road. At the time of the Council action, Coors Amphitheatre asked to meet with staff to find a solution that would remove any possibility of future address changes for the Amphitheatre. In November 1999, Coors Amphitheatre requested that Otay Rio, Spyglass Hill and Castle Pines Avenue be changed to Entertainment Circle. Staff worked with Knott's Berry Farm to receive its input and agreement to the name change. Otay Rio Road is the only public street; therefore, it is the only one that requires Planning Commission/City Council action to change. Staff recommendation: Council adopt the resolution. (Director of Community Development) 10 A. RESOLUTION 2000-039, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THAT EMERGENCY REPAIRS TO GREG ROGERS PARK ARE NEEDED AS AN URGENT NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH, AND PROPERTY AND WAIVING THE FORMAL BIDDING PROCESS B. RESOLUTION NO. 2000-040, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EMERGENCY REPAIRS AND IMPROVEMENT AGREEMENT WITH ACI SUNBOW, LLC REGARDING CREDIT FOR EMERGENCY REPAIRS TO GREG ROGERS PARK, AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION NO. 2000-041, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LICENSE AGREEMENT WITH PAC SOUTH GROUP, LLC TO ENTER GREG ROGERS PARK TO MAKE EMERGENCY REPAIRS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT D. RESOLUTION NO. 2000-042, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INDEMNITY AGREEMENT WITH ACI SUNBOW, LLC FOR THE EMERGENCY REPAIRS AT GREG ROGERS PARK, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) The fencing and dugout areas in the Little League field area at Greg Rogers Park have deteriorated to the point that safety and security issues have arisen. With the start of Little League season on March 1 st, City staff is concerned about making the necessary repairs in time. Under the City Charter, public works projects on public facilities, such as Greg Rogers Park, which involve an expenditure of $50,000 or more for repairs or construction, must be done by written, advertised bids to the lowest, responsible bidder. Page 4 - Council Minutes 02/01/2000 CONSENT CALENDAR (Continued) However, Section 1009 of the Charter allows Council to let contracts without advertising for bids if the work is deemed to be of urgent necessity for the preservation of life, health or property. Staff proposes that ACI Sunbow (Ayres Land Company, Inc.) perform the emergency repair work by contracting with PacSouth Group, LLC, to satisfy part of its park obligations, as required by Tentative Map No. 90-02, Subdivision Improvement Agreements, and Supplemental Subdivision Improvement Agreements for Sunbow II. Staffrecommendation: Council adopt the resolutions. (Assistant City Manager Morris) 11. RESOLUTION NO. 2000-043, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST), APPROVING THE FORM OF A SUPPLEMENTAL BOND INDENTURE TO PROVIDE FOR THE REPRICING AND REMARKETING OF THE 1999 SPECIAL TAX BONDS AND AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A SUPPLEMENT TO THE OFFICIAL STATEMENT In November 1999, the Council approved the issuance of $23 million of Special Tax Bonds for Community Facilities District 99-1. Although bonds were successfully sold in December, due to developer ownership changes that occurred near the time of the bond sale closing date, it is necessary to thoroughly disclose this information to existing and potential investors and to remarket the bonds. The first step required in order to accomplish the remarketing is to amend the existing bond indenture to allow for such a process. Staff recommendation: Council adopt the resolution. (Deputy City Manager Powell) 12. RESOLUTION NO. 2000-044, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF $45,600 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE PLANNING AND BUILDING DEPARTMENT BUDGET IN ORDER TO FINALIZE PAYMENT TO PBR FOR WORK COMPLETED ON THE CITY-WIDE PARKS MASTER PLAN (4/5THS VOTE REQUIRED) As a result of a dispute between PBR (the park planning consultant) and City staff regarding billings and work completed on the City-wide Parks Master Plan, staff requests an appropriation to settle accounts with PBR for work completed Staff recommendation: Council adopt the resolution. (Director of Planning and Building) ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #2 through #5, #7, and #9 through #12, headings read, texts waived. The motion carried 4-0, with Deputy Mayor Moot not yet present. The following items, #6 and #8, were actually considered following the Action Items. Page 5 - Council Minutes 02/01/2000 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2000-035, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BIDDING PROCESS AND APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO TRANSIT CORPORATION (SDTC) FOR FIXED ROUTE BUS SERVICE FOR THE PERIOD OF JULY 1, 2000 THROUGH JUNE 30, 2001, WITH AN OPTION TO EXTEND AGREEMENT FOR THE PERIOD JULY 1, 2001 THROUGH JUNE 30, 2002 SDTC began operation of Chula Vista Transit on July 1, 1993 under a three-year agreement with an option to extend that agreement for two additional years. The City exercised the option to extend the agreement until June 30, 1998. On April 7, 1998, Council adopted a resolution waiving the bidding process and approving a new agreement with SDTC for the two-year period of July 1, 1998 through June 30, 2000. Transit staff has now negotiated an agreement with SDTC for the period of July 1,2000 through June 30, 2001, with an option for an extension from July 1,2001 through June 30, 2002. Staff recommendation: Council adopt the resolution. (Director of Public Works) Councilmember Padilla stated that a waiver of the bidding process appeared to be requested more frequently lately and should only be done in extreme cases. ACTION: Councilmember Padilla offered Resolution No. 2000-035, heading read, text waived. The motion carried 5-0. 8. RESOLUTION NO. 2000-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO REPLACE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AD-HOC COMMITTEE PROCESS WITH A COMMUNITY FORUM PROCESS RECOMMENDED BY HUD Every year at this time, the Community Development Department's Housing Division begins the CDBG program process. Incorporated within this process is the solicitation of an Ad-Hoc Committee of City Commission members to participate in reviewing the CDBG Public Service funding applications. Each year it becomes more difficult to find Commission members to volunteer for the Ad-Hoc Committee because of time constraints and other reasons. Therefore, staff recommends that the Ad-Hoc Committee process be eliminated and that it be substituted with the implementation of community forums. Staff recommendation: Council adopt the resolution. (Director of Community Development) Deputy Mayor Moot asked that staff inform senior service providers that the Council is desirous of seeing more collaboration on applications and services, especially with regard to senior food providers. ACTION: Mayor Horton offered Resolution No. 2000-037, heading read, text waived. The motion carried 5-0. Page 6 - Council Minutes 02/01/2000 ORAL COMMUNICATIONS Steve Molski, 677 G Street #111, complained that drivers are being cited for having burned-out license plate lights and are required to pay $10 for the citation, $10 to the courts, and a minimum of $32.50 to have them repaired. He suggested that the police issue warnings instead and that either an officer or a member of the Senior Volunteer Patrol be authorized to sign off on the repairs. Mayor Horton indicated that his comments would be forwarded to Police Chief Emerson. Mr. Molski also spoke regarding repairs that need to be made on G Street between Broadway and Smith Street. Mayor Horton referred the matter to staff. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 13. CONSIDERATION OF AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC FOR EASTLAKE HI (PCM-00-16) ORDINANCE NO. 2805, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC FOR EASTLAKE HI (TRAILS, WOODS, VISTAS, BUSINESS CENTER EXP ANSION, OLYMPIC TRAINING CENTER AND LAND SWAP) Under consideration is an amended and restated development agreement for EastLake III. The original development agreement for EastLake III was executed and recorded in April 1990 and its expiration date is April 2000. Both the City and EastLake desire to extend the term of the agreement for another 10 years to April 2010. The basic provisions of the agreement remain unchanged; the focus of the amendment is an update and change to reflect contemporaneous conditions in City codes and ordinances. Also, the provisions of certain park agreements entered into since 1990 are incorporated so that all of those provisions are consolidated into one document. The amended development agreement will cover 1,514 acres of the original approximately 3,000 acres of East Lake property. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Planning Department staff explained the proposal and the benefits to be derived by both parties as a result of the amended agreement. Senior Assistant City Attorney Moore explained the 45- acre university site parcel's relationship to the amended agreement. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Mayor Horton offered Ordinance No. 2805 for first reading, heading read, text waived. The motion carried 4-0, with Deputy Mayor Moot not yet present. Page 7 - Council Minutes 02/01/2000 PUBLIC HEARINGS (Continued) 14. CONSIDERATION OF THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF THE OTAY RANCH SPA ONE FOR THE CONSTRUCTION OF A P ASEO AND PARK P-9 RESOLUTION NO. 2000-045, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 ("TM 97-02") FOR THE OTAY RANCH PASEO AND PARK PROJECT (CONTINUED FROM JANUARY 25, 2000; 4/5THS VOTE REQUIRED) Approval of the resolution will initiate eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation will also include the granting of temporary and permanent easements for slope and drainage purposes, which are necessary to construct said paseo and park. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy Mayor Moot arrived at this time, 4:38 p.m. He reported that he would abstain from discussion and voting on this item due to a potential conflict of interest, and he left the dais. Principal Planner Rosaler reported that there were five additional items that staff would like included in the staff report and made part of the public record. The first was the original offer letter to the Foundation, dated November 11, 1999, with all the attachments showing the properties for fee simple and the permanent and the temporary slopes. The second was the notice of the public hearing to property owners. Thirdly, there was the notice of continuances of the public hearings, including the one requested by the property owner's attorney. Finally, there were two letters from the City's special counsel to Mr. McAndrews addressing issues that he raised at the last public hearing concerning the appraisal. The first dealt with the methodology and the second dealt with each portion of the land that is being taken, the fee simple land, the permanent slopes, and the temporary slopes. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Mike McAndrews, 777 S. Figueroa Street, Los Angeles, representing the Birch Foundation, stated that he had reviewed the additional information he had received from the City regarding the appraisal summary and had discussed it with the directors of the Foundation. He was asked by the Foundation to engage an appraiser and to engage in discussions with the City to see whether or not an agreement could be reached on the valuation. He stated that he believed that the provision of an appraisal at this late date, without the Foundation having had the opportunity to investigate it professionally, did not meet the obligation the City has to negotiate with the landowner. Until the Foundation has had that opportunity, it would continue its objection to the condemnation proceedings and ask the Council not to adopt the resolution at this time. Page 8 - Council Minutes 02/01/2000 PUBLIC HEARINGS (Continued) Robert Pletcher, 2727 Hoover Avenue, National City, representing the McMillin Companies, stated that the process began more than two years ago, but there has been no response from the property owner until this time. He pointed out that the owner could have ordered an appraisal many months ago when the Foundation was notified of this pending action. He asked the Council not to delay the proceedings, because such a delay could increase project costs and impact the ability of the developer to complete the grading on Olympic Parkway. Mayor Horton asked if there was anyone else in the audience wishing to speak; there was no response, and she closed the hearing. Mr. Rosaler commented that, although the City sent the offer agreement to the owner in November 1999, the City was not apprised of any objections to the appraisal until last week, and staff has taken actions to respond to those objections as quickly as possible. Councilmember Davis asked the timeline for litigation and negotiations with the property owner. Ms. Bartz, attorney representing the City in the proceedings, responded that if the Council adopts the resolution, the City will file an action in Superior Court immediately for an order of possession. The property owner will be served with a complaint and an order of possession and will have 30 days to respond. She pointed out, however, that nothing would preclude the City from continuing to negotiate with the property owner during the course of the litigation. ACTION: Councilmernber Padilla offered Resolution No. 2000-045, heading read, text waived. The motion carried 4-0-1, with Deputy Mayor Moot abstaining. ACTION ITEMS 15. RESOLUTION NO. 2000-046, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING PROPOSITION 26: SCHOOL FACILITIES, LOCAL MAJORITY VOTE, BONDS, TAXES, INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE At the City Council meeting of January 25, 2000, staff was instructed to provide an analysis of Proposition 26, a proposal that will appear on the primary ballot March 7, 2000. This proposition allows school facilities bond measures to be approved by a majority (rather than two thirds) of the voters in local elections. It also allows property taxes to exceed the current one-percent limit in order to repay the bonds. While there is no direct fiscal benefit to Chula Vista, passage of this proposal will provide a tremendous benefit to local school districts with which the City works in partnership on many different projects and programs. Dr. Ed Brand, Superintendent, Sweetwater Union High School District, asked the Council to support the proposition, stating that there is a direct correlation between student achievement and the condition of facilities. ACTION: Mayor Horton noted the Council's strong support of Proposition 26 and offered Resolution No. 2000-046, heading read, text waived. The motion carried 5-0. Mayor Horton asked City Manager Rowlands to schedule a workshop in the near future for the Council and Sweetwater Union High School District Board to discuss items of mutual interest and concern. Page 9 - Council Minutes 02/01/2000 OTHER BUSINESS 16. CITY MANAGER'S REPORTS City Manager Rowlands noted that the Council workshop scheduled for February 10th had been cancelled. He also noted that a workshop has been scheduled for Saturday, February 19th, from 8:30 a.m. to noon, to review Council goals and establish new ones. 17. MAYOR'S REPORTS There were none. 18. COUNCIL COMMENTS There were none. At 5:16 p.m., Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 19. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Approximately seven acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course Negotiating Parties: City ofChula Vista (Chris Salomone/Sid Morris), The Phair Company, C.W. Clark and American Golf Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property Instructions were given to the negotiator. 20. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Negotiating Parties: Under Negotiation: Parcel No. 643-010-10, Otay Ranch Village Five City ofChula Vista (David D. Rowlands) Priceftermsofpayment This item was not discussed. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Claim No. 99-15-006 Instructions were given to Counsel. Page 10 - Council Minutes 02/01/2000 CLOSED SESSION (Continued) 22. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One case This item was not discussed. 23. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Abrego v. Rhodes (SB 7450) No action was taken. 24. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Rutledge v. City ofChula Vista (GIC 740292) Instructions were given to Counsel. 25. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One case Instructions were given to Counsel. 26. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One case This item was not discussed. ADJOURNMENT At 6:35 p.m., Mayor Horton adjourned the meeting to the Mayor's State of the City Address to be held at 6:30 p.m. on Tuesday, February 8, and thence to the Regular Meeting of February 15, 2000, at 6:00 p.m. Respectfully submitted, ~L~Jo. ~ Susan Bigelow, CMC/AAE, City Clerk Page 11 - Council Minutes 02/01/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FEBRUARY 15,2000 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 the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1. Presentation to the Chula Vista Middle School Support Fund by Gary Nordstrom, Chamber of Commerce President. Mr. Nordstrom presented $1,000 from Chamber members to representatives of the Sweetwater Union High School District to assist in replacing items lost in a recent fire. Mayor Horton acknowledged businesses, individuals and City staff for their contributions in excess of $15,000 for the support fund and thanked the City Manager for his fund raising efforts. CONSENT CALENDAR (Items 2 through 16) 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on February 1, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter from Austin Neudecker, a student at Bonita Vista High School, requesting financial assistance to attend the 2000 Youth Leadership Conference at Freedoms Foundation, Valley Forge, PA. Under Council Policy 159-02, Council has approved the expenditure of funds for various Chula Vista students to attend this conference in exchange for a presentation to a City youth group. Staff recommendation: $50 from the Council Contingency Account be granted to Austin Neudecker towards expenses incurred for his attendance at the Freedoms Foundation Conference (5-0). Page 1 - Council Minutes 02/15/2000 CONSENT CALENDAR (Continued) C. Letter of resignation from Eleanore Valdovinos, member of the Board of Library Trustees. Staff recommendation: The resignation be accepted with regret, and the City Clerk be directed to post immediately according to Maddy Act regulations. D. Letter of resignation from Ignacio Valdovinos, member of the International Friendship Commission. Staff recommendation: The resignation be accepted with regret, and the City Clerk be directed to post immediately according to Maddy Act regulations. 3. RESOLUTION NO. 2000-047, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING UNANTICIPATED EVEN START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $5,025 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED) The California Department of Education has awarded the Chula Vista Public Library a $5,025 augmentation to its Even Start Family Literacy grant for the purpose of assisting the project with state and national data collection requirements. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2000-048, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF $25,000 FROM SANDAG FOR THE PURPOSE OF ENCOURAGING RESIDENT PARTICIPATION IN THE 2000 CENSUS COUNT AND AMENDING FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $25,000 (4/5THS VOTE REQUIRED) The San Diego Association of Governments (SANDAG) has awarded the City a grant of $25,000 to conduct a series of bilingual street theater performances in various areas of Chula Vista in order to raise awareness of and participation in the 2000 Census. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-049, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING THE APPROPRIATION OF $47,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE LIBRARY AND RECREATION DEPARTMENT FOR THE PURPOSE OF COMPLETING THE CITY-WIDE PARKS MASTER PLAN, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WALLACE, ROBERTS AND TODD TO ASSIST STAFF IN THE COMPLETION OF THE CITY-WIDE PARKS MASTERPLAN (4/5THS VOTE REQUIRED) Page 2 - Council Minutes 02/15/2000 CONSENT CALENDAR (Continued) At the meeting of February 1, 2000, Council approved a final payment to the park planning consultant, PBR, for work previously completed on the Parks Master Plan. The proposed resolution will appropriate funds for new consultant services to assist staff in completing the project. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 6. QUARTERLY FISCAL STATUS REPORT FOR THE SECOND QUARTER OF FISCAL YEAR 1999-00 In accordance with Charter Section 504 (f), Council will consider a report covering the second quarter of Fiscal Year 1999-00. (Deputy City Manager Powell) Staff recommendation: Council accept the report as submitted. 7. RESOLUTION NO. 2000-050, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAINTAINING THE EXISTING INVESTMENT POLICY AND GUIDELINES The City has an existing Investment Policy and Guidelines to insure the prudent management of idle cash. State law requires that the Investment Policy and Guidelines be adopted by resolution on an annual basis, after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and relevance to current law and financial and economic trends. (Deputy City Manager Powell). Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2000-051, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999-00 BUDGET BY APPROPRIATING $276,200 FROM THE AVAILABLE FUND BALANCES IN THE GENERAL FUND ($159,450), PUBLIC FACILITIES DIF FUND ($98,750), AND SEWER SERVICE FUND ($18,000) TO A NEW CAPITAL IMPROVEMENT PROJECT TITLED COMPUTER NETWORK UPGRADE (GG172) FOR NECESSARY NETWORK, SOFTWARE AND HARDWARE UPGRADES AND REPLACEMENT OF THE UNlNTERRUPTABLE POWER SUPPLY (4/5THS VOTE REQUIRED) The City operates a mainframe, minicomputer, wide area network, local area network and several different types of network operating systems. The need for computerization continues to grow, as does the diversity of computer products, hardware, software and technology in general. With the continued growth of computers among City staff, network response time has been increasing. The proposed changes are needed in order to address the response time issues, standardize on one network platform and provide network management tools to quickly pinpoint problem areas in the future. (Deputy City Manager Powell) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 02/15/2000 CONSENT CALENDAR 9 A. REPORT REGARDING THE DEVELOPMENT IMPACT FEE (DIF), PARK ACQUISITION AND DEVELOPMENT (PAD) FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30,1999 B. RESOLUTION NO. 2000-052, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING FINDINGS THAT THE UNEXPENDED FUNDS IN THE VARIOUS DIF FUNDS ARE STILL NEEDED TO PROVIDE CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED State law requires local agencies assessing Development Impact Fees (DIF) and capacity charges to make available specified financial data to the public each fiscal year. This report satisfies that requirement and also includes, for ease of reference and for the convenience of member of the public, information on Parkland Acquisition and Development (PAD) fees. (Deputy City Manager Powel1/Director of Public Works) Staff recommendation: Council accept the report and adopt the resolution. 10. RESOLUTION NO. 2000-053, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]), MAKING AND ESTABLISHING CERTAIN INTERPRETATIONS REGARDING THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES WITHIN SUCH COMMUNITY FACILITIES DISTRICT Ayres Land Company has requested that the City consider making an interpretation regarding the application of the Extraordinary Special Tax provision, rate and method of apportionment of special taxes for Community Facilities District No. 98-3, an open space maintenance district for the Sunbow II development. The interpretation requested by the developer, if adopted by Council, would provide relief from this year's imposition of the Extraordinary Special Tax. The City has retained the services of Brown Diven & Hessel, LLP as legal counsel to provide assistance. (Director of Public Works) Staff recommendation: Council adopt the resolution and authorize the Director of Finance to make a refund of the Extraordinary Special Tax levied in Fiscal Year 1999/00 11. RESOLUTION NO. 2000-054, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING PAYMENT FOR PURCHASES IN EXCESS OF THE CITY MANAGER'S AUTHORITY TO VENDORS OF EXISTING CONTRACTS FOR UNLEADED GASOLINE TO THE COUNTY OF SAN DIEGO AND UNLEADED GASOLINE AND DIESEL FUEL TO THE SoCo GROUP AND A WARDING SUBSEQUENT PURCHASING AGREEMENTS FOR THE PURCHASE OF FUEL THROUGH A COOPERATIVE BID WITH THE CITY OF SAN DIEGO Page 4 - Council Minutes 02/15/2000 CONSENT CALENDAR In December 1998, the Public Works garage closed its underground fuel tanks to meet EP A standards. After evaluating different fueling options and a competitive bid process, the City entered into a purchase agreement with the SoCo Group for fuel for onsite fueling for Chula Vista Transit and Public Works heavy equipment. Under a public agency agreement, fuel was purchased for general fleet use from the County of San Diego, which also used a competitive bid process to award its fuel contracts. The purchase amount for the SoCo Group has, and the amount for the County of San Diego will soon, exceed the City Manager's purchase authority limit. (Director of Public Works/Deputy City Manager Powell) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2000-055, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENTS FOR THE PURCHASE OF VARIOUS PICKUP TRUCKS The Fiscal Year 1999-2000 Equipment Replacement, Planning & Building Department, and Engineering Inspection Division budgets provide for the purchase of fourteen pickup trucks. The bid was advertised in the Chula Vista Star News on December 4, 1999. Twenty-two bid packages were sent out, and eleven bidders responded. Two Chula Vista vendors were contacted, and both of them submitted bids. On December 16, 1999, the bids for the purchase of these vehicles were opened. (Director of Public W orks/Deputy City Manager Powell) Staff recommendation: Council adopt the resolution. 13. RESOLUTION NO. 2000-056, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO SIERRA ELECTRIC FOR THE INSTALLATION OF STREET LIGHTS AND TRAFFIC SIGNAL FLASHERS ON PEPPERTREE ROAD IN THE CITY OF CHULA VISTA (CIP NO. TF244) On January 19, 2000, the Director of Public Works received sealed bids from seven electrical contractors for the installation of street lights and traffic signal flashers on Peppertree Road in the City of Chula Vista (CIP No. TF244). A low bid of $29,775.00 was received from Sierra Electric. (Director of Public Works) Staff recommendation: Council adopt the resolution. 14. RESOLUTION NO. 2000-057, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE MODIFICATION OF TRAFFIC SIGNAL SYSTEMS AT HILLTOP DRIVE/J STREET, THIRD AVENUE/J STREET AND FIFTH A VENUE/H STREET (TF234) On October 20, 1999, the Director of Public Works received sealed bids from two electrical contractors for traffic signal modifications at Hilltop Drive/J Street, Third Avenue/J Street and Fifth Avenue/H Street (TF234). After reviewing those bids, staff recommends, in the best interest of the City, that the bids be rejected. City staff will then rebid the project. (Director of Public Works Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes 02/15/2000 CONSENT CALENDAR (Continued) 15. RESOLUTION NO. 2000-058, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, EASTLAKE DEVELOPMENT COMPANY, LLC, AND OTAY WATER DISTRICT TO PROVIDE FOR THE TRANSFER OF SEWER CAPACITY AT THE OTAY LAKES ROAD SEWAGE PUMP STATION FROM THE EASTLAKE DEVELOPMENT COMPANY TO OTAY WATER DISTRICT Otay Water District (Otay) owns real property located within the City's sphere of influence, more commonly known as "Use Area," Otay leased a portion of this Use Area to Pacific Link to be used for the construction of "Auld Goff Course." The purpose of this agreement is to provide Otay with eleven Equivalent Dwelling Units (EDUs) of sewer capacity at the Otay Lakes Road Sewage Pump Station for the proposed "Auld Goff Course." Under this agreement, EastLake would grant Otay Water District 11 EDU's of capacity rights out of their allocated 2,114 EDU's at this pump station. (Director of Public Works) Staff recommendation: Council adopt the resolution. 16. RESOLUTION NO. 2000-059, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SALE AGREEMENT WITH THE MARINA CONGREGATION OF JEHOVAH'S WITNESSES CHULA VISTA, CA, INC. FOR CITY-OWNED PROPERTY LOCATED AT 515 TERRA NOVA DRIVE In the early 1990's, the City and Redevelopment Agency facilitated the development of the Palomar Trolley Center located at Broadway and Palomar in the Southwest Redevelopment area. The development required property acquisition and consolidation. The Marina Congregation of Jehovah's Witnesses entered into a lease agreement with the City for the 1.5-acre parcel and built a new facility. (Director of Community Development) Staff recommendation: Council adopt the resolution. With regard to Item #9, Councilmember Salas asked that the next time this matter is considered, staff present to Council a grid showing all Development Impact Fees (DIF) and balances and a comparison of Chula Vista DIF fees to those charged by other cities. ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS William Claycomb, President, Save Our Bay Inc., updated the Council on the status of his efforts to get the Board of Supervisors to collect $2.00 per vehicle to fund the installation of photo voltaic panels to produce new electricity to be used to hydrolyze water to produce fuel cells to power automobiles, thereby reducing the need for and the price of gasoline. Mayor Horton asked City Clerk Bigelow to forward Mr. Claycomb's comments to the City's environmental staff. Page 6 - Council Minutes 02/15/2000 ACTION ITEMS 17. RESOLUTION NO. 2000-060, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST), APPROVING THE FORMS OF RESTATED INDENTURE, REMARKETING AGREEMENT AND PRELIMINARY REMARKETING MEMORANDUM, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH In November 1999, Council approved the issuance of $23 million of Special Tax Bonds for Community Facilities District 99-1. Although the bonds were successfully sold in December, due to developer ownership changes that occurred near the time of the bond sale closing date, it is necessary to thoroughly disclose this information to existing and potential investors and to remarket the bonds. (Deputy City Manager Powell) ACTION: Mayor Horton offered Resolution No. 2000-060, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 18. CITY MANAGER'S REPORTS Ci~ Manager Rowlands reminded the Council of the workshop to be held on Saturday, February 19' , from 8:00 am to 11 :30 am, to discuss Council goals and objectives. 19. MAYOR'S REPORTS A. Consideration of a resolution supporting the 619 area code overlay. ACTION: Mayor Horton moved to direct staff to place the draft resolution on the Consent Calendar for adoption at the meeting of February 22, 2000. Deputy Mayor Moot seconded the motion, and it carried 5-0. Mayor Horton read a list of items needed by South Bay Community Services and asked the public to contact the agency to arrange donations. 20. COUNCIL COMMENTS Councilmember Davis asked staff to review the current $10 charge for a fix-it ticket to see if the charge is still warranted. Councilmember Davis asked staff to send a memo to Councilmembers regarding rent increases at the Canterbury Court senior housing complex and whether or not the City has any control over the increases. Page 7 - Council Minutes 02/1512000 OTHER BUSINESS (Continued) Deputy Mayor Moot spoke regarding a series of tragic fires which have occurred in Chula Vista and around the country this year and asked that everyone pause and give thanks to our firefighters for putting their lives on the line by performing a difficult and dangerous job. Councilmember Padilla stated that he wished to publicly convey his thanks to Chula Vista firefighters. CLOSED SESSION 21. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) a. Claim No. 99-15-006 Instructions were given to Counsel. b. One case No action was taken. 22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Fritsch v. City ofChula Vista, USDC, 98-CV-0972-E (CGA) This item was not discussed. 23. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) Two cases No action was taken on one case, and instructions were given to Counsel on the other. ADJOURNMENT At 7:30 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting to be held on February 19,2000, at 8:00 a.m. in the Council Conference Room. Respectfully submitted, -=----iu.~..J () ) Susan Bigelow, CMC/AAE, City Clerk, Page 8 - Council Minutes 02/1512000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FEBRUARY 22, 2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. (Councilmember Moot arrived at 6:23 p.m.) ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY Mayor Horton read a proclamation, and Councihnember Padilla presented the proclamation to coach Virgina Martinez, and certificates of commendation to student participants, upon their victory at the 17th annual San Diego County Academic Decathlon, held February 5th, at which the Hilltop High School students placed first among 38 public and private schools participating from San Diego County. CONSENT CALENDAR (Items I through 6) 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on February 15, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter from Dulce Alvarez, a student at Bonita Vista High School, requesting financial assistance towards her expenses to compete in the Miss Teenage California Scholarship Pageant. Staff recommendation: The request be denied, since the event does not meet the criteria established in Council Policy 159-02 because it provides no "tangible benefit to the City." CONSENT CALENDAR (Continued) 2. ORDINANCE NO. 2805, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC FOR EASTLAKE III (TRAILS, WOODS, VISTAS, BUSINESS CENTER EXPANSION, OLYMPIC TRAINING CENTER AND LAND SWAP) (CONTINUED FROM THE MEETING OF 2/112000 - SECOND READING AND ADOPTION) Under consideration is an amended and restated development agreement for EastLake III. The original development agreement for EastLake III was executed and recorded in April 1990 and its expiration date is April 2000. Both the City and EastLake desire to extend the term of the agreement for another 10 years to April 2010. The basic provisions of the agreement remain unchanged; the focus of the amendment is an update and change to reflect contemporaneous conditions in City codes and ordinances. Also, the provisions of certain park agreements entered into since 1990 are incorporated so that all of those provisions are consolidated into one document. The amended development agreement will cover 1,514 acres of the original approximately 3,000 acres of EastLake property. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 3. RESOLUTION NO. 2000-062, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SIXTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES WITH INTERSTATE 805 AT TELEGRAPH CANYON ROAD, OLYMPIC PARKWAY AND PALOMAR STREET; WAIVING THE CONSULTANT SELECTION PROCESS; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY; AND APPROPRIATING $73,700 IN TRANSPORTATION DEVELOPMENT IMPACT FEES TO PROJECT NO. 24093270 (4/5THS VOTE REQUIRED) On January 23, 1996, Council adopted Resolution No. 18193, approving a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and Palomar Street. Since then, due to additional work requirements by Caltrans, five amendments to this contract have been made. This sixth amendment will provide for the final design of Olympic Parkway, between Oleander and Brandywine. The design includes the preparation of plans, specifications and estimate, modification of the existing project study report, the project report, and environmental documents for said segment of Olympic Parkway. It also allows for reimbursable expenses incurred in the completion of this work. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes 02/22/2000 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2000-063, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $74,595 OF HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT FUNDS FOR ADMINISTRATIVE COSTS ASSOCIATED WITH THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG); AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING THE UNANTICIPATED GRANT REVENUES AND APPROVING ONE ADDITIONAL POSITION IN THE POLICE DEPARTMENT (4/5THS VOTE REQUIRED) On September 5, 1995, Council approved the City's role as "fiscal agent" for the California Border Alliance Group (CBAG) and as a conduit to hire support personnel and acquire necessary supplies and services. The mission of CBAG is to develop multi- jurisdictional, cooperative strategies to gather intelligence on drug traffickers, investigate drug trafficking activities, arrest persons involved in illegal drug trafficking activities, and to prosecute those arrested. CBAG receives an annual allocation of HIDTA funds each fiscal year from which the City is reimbursed. The City also receives 2% of those costs for administration of the grant. (Chief of Police) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-064, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO SANDAG OF TWO APPLICATIONS FOR THE FISCAL YEAR 2000-2001 2% NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSPORTATION SALES TAX (TRANSNET) BICYCLE AND PEDESTRIAN PROJECT FUNDS The City annually submits an updated list of projects for inclusion in the seven-year implementation program of the non-motorized element of the Regional Transportation Improvement Program. SANDAG's regulations require that official applications be submitted to SANDAG in order for projects to be considered by its Board of Directors for funding. In order for the applications to be official, Council must adopt a resolution authorizing submittal of the Fiscal Year 200012001 non-motorized transportation project applications for available TDA and TransNet funds. Both funding sources form a single fund, with annual allocations totaling $2.5 million for the San Diego region. Projects are chosen and then approved for funding after the applications have been evaluated by SANDAG's Bicycle-Pedestrian Advisory Committee. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2000-065, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE 619 AREA CODE OVERLAY AND RECOMMENDING SAID OVERLAY TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION At its meeting of February 15, 2000, Council directed staff to schedule adoption of a resolution supporting the 619 area code overlay. (Mayor Horton) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 02/22/2000 CONSENT CALENDAR (Continued) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0, with Deputy Mayor Moot not yet present. ORAL COMMUNICATIONS William Claycomb, President, Save Our Bay Inc., reported on Supervisor Roberts' comments regarding photovoltaic electricity production. Bill Ayers, 44 E. Mankato Street, asked the Council to reconsider its vote to support Proposition 26 in order to protect property owners. ACTION ITEMS 7. RESOLUTION NO. 2000-066, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT A PILOT PROJECT TO DEVELOP A RECOMMENDED STANDARD FOR REGULATING THE PLACEMENT OF UTILITY BOXES IN THE PUBLIC RIGHT-OF-WAY, AND FURTHER AUTHORIZING THE CITY MANAGER TO REPLACE APPROXIMATELY 180 EXISTING POWER SUPPLIES IN THE PUBLIC RIGHT-OF-WAY WITH APPROXIMATELY 90 POWER SUPPLIES IN COOPERATION WITH COX COMMUNICATIONS AS PART OF THE PILOT Staff is recommending that Council authorize the development and implementation of a pilot program that will establish uniform procedures and standards for the regulation of large utility installations that are placed above ground in the public right-of-way. The impetus for this program is Cox Communications' proposal to install 90 to 120 "Network Reliability Units" in the next six months. Staff then expects to come back with a refined version of the program for Council consideration. (Special Projects Manager) Special Projects Manager Meacham explained the proposal to the Council and audience. Mayor Horton expressed concern with potential noise and visual impacts of the power supplies. Mary Ball, Vice President of Govemment and Community Relations for Cox Communications, stated that the proposed installations will enhance reliability and provide the capability to launch residential telephone service. Councilmember Padilla commented that perhaps standard criteria should have been developed for projects in the public right-of-way prior to proceeding with the project. ACTION: Councilmember Padilla offered Resolution No. 2000-066, heading read, text waived, and moved to direct staff to return to Council with a recommendation for an ordinance that will update the specifications for placing utility boxes, pedestals or other equipment above ground in the public right-of-way. The motion carried 5-0. Page 4 - Council Minutes 02/22/2000 OTHER BUSINESS 8. CITY MANAGER'S REPORTS There were none. 9. MAYOR'S REPORTS A. Ratification of appointment to the Library Board of Trustees - Tris Hubbard. ACTION: Mayor Horton moved to ratify the appointment of Tris Hubbard to the Library Board of Trustees. Councilmember Davis seconded the motion, and it carried 5-0. B. Ratification of appointment to the Board of Ethics - Charles Bull. ACTION: Mayor Horton moved to ratify the appointment of Charles Bull to the Board of Ethics. Councilmember Davis seconded the motion, and it carried 5-0. Mayor Horton commented on positive comments received regarding the State of the City address and acknowledged and thanked those who produced the video and coordinated the event. 10. COUNCIL COMMENTS Councilmember Davis reminded the Council of the dedication of the Otay Recreation Center scheduled for Saturday, February 26th, from I :00 to 3:00 p.m. At 7:10 p.m., Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 11. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One case This item was not discussed. 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. Fritsch v. City ofChula Vista, USDC, 98-CV-0972-E (CGA) This item was not discussed. B. D' Ablaing Workers' Compensation Claim, CV980125 Instructions were given to Counsel. Page 5 - Council Minutes 02/22/2000 ADJOURNMENT At 7:40 p.m., Mayor Horton adjourned the meeting to a workshop in the Council Conference Room and thence to an Adjourned Regular Meeting to be held on February 29, 2000. Respectfully submitted, -:- ~Iu... .1...L\~..:gU <> ' Susan Bigelow, CMC/AAE, City Clerk Page 6 - Council Minutes 02/22/2000 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FEBRUARY 22, 2000 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 7:50 p.m. (immediately following the Regular Meeting) in the Council Conference Room, located in the Administration Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: Councilmembers: None 2. WORKSHOP ESTABLISHING A VISION AND DIRECTION FOR THE CITY OF CHULA VISTA Consultant Gary Winters and Manager of Organizational Development and Training Dawn Beintema continued the work begun on February 19th with the Council toward establishing goals, visions, missions and core values for the City. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 8:45 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of February 22, 2000. Respectfully submitted, - "'::'Lu tiu-::::3.gJ o. ) Susan Bigelow, CMC/AAE, City Clerk MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FEBRUARY 29, 2000 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. (Councilmember Salas arrived at 6:05 p.m., and Councilmember Moot arrived at 6:06 p.m.) ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1. A. Oath of Office: Library Board of Trustees - Tris Hubbard. City Clerk Bigelow administered the oath of office, and Councilmember Padilla presented a certificate of appointment to Mr. Hubbard. B. Oath of Office: Board of Ethics - Charles Bull. No action was taken on this item. C. Presentation regarding the Airport Master Plan Program by David Malcolm, Port Commissioner, and ThelIa Bowens, Senior Director, Aviation Division, Port of San Diego. Port Commissioner David Malcolm, Port Executive Director Dennis Bouey, and Port Senior Director of Aviation ThelIa Bowens presented Port staff recommendations regarding the Lindbergh Field Master Plan Program. The program and recommendations are being presented to communities throughout the County to solicit input prior to being presented to the Board of Port Commissioners. No action was taken by the Council. CONSENT CALENDAR (Item 2) 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on February 22, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed (5-0). CONSENT CALENDAR (Continued) ACTION: Mayor Horton offered the Consent Calendar, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING PCS-99-04, THE TENTATIVE SUBDIVISION MAP AND CONDITIONS OF APPROVAL FOR SAN MIGUEL RANCH, CHULA VISTA TRACT 99-04 The applicant, Trimark Pacific-San Miguel LLC, is requesting approval of a Tentative Subdivision Map for the entire 743-acre San Miguel Ranch project area, involving 820 single-family lots, four residential super lots with capacity for 575 dwelling units, one commercial center lot, two community purpose facility lots, two park lots, one elementary school lot, and nine open space lots on 743.1 acres located east and north of Proctor Valley Road, south of Sweetwater Reservoir and Mother Miguel Mountain, and west of the Rolling Hills Ranch area. The Tentative Map is consistent with land uses established in the SPA plan, approved by Council in October 1999, and is the next stage in the master planned community approval process after SPA approval. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Senior Planner Batchelder presented an overview of the project site and its characteristics and constraints, the tentative map considerations, a summary of administrative density transfers, and the grading plan. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Stephen Hester, representing Trimark Pacific Homes-San Miguel, stated that the project is in compliance with the SPA Plan, the General Development Plan, the Environmental Impact Report and the management plan for the Otay Tar Plant preserve areas. He asked the Council to approve the project. Joseph Janosik, 6645 Jonel Way, asked the Council to provide access to SR 125 and to the new development areas from his residential area, since he and other neighboring property owners may wish to annex to Chula Vista sometime in the future. Ray Yrnzon, representing the Sweetwater Valley Civic Association in Bonita, read a letter into the record objecting to the project. Page 2 - Council Minutes 02/29/2000 PUBLIC HEARINGS (Continued) There being no further corrunents, Mayor Horton closed the hearing. ACTION: Councilmember Salas offered Resolution No. 2000-068, Resolution of the City Council of the City of Chula Vista approving the Tentative Subdivision Map and Conditions Of Approval for San Miguel Ranch, Chula Vista Tract 99-04, heading read, text waived. The motion carried 4-0-1, with Mayor Horton abstaining. ACTION ITEMS 4. CONSIDERATION OF A LAND OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC, FOR CONVEYANCE OF 45 ACRES TO THE CITY FOR UNIVERSITY PURPOSES In 1999, the City entered into a Letter ofIntent with the EastLake Company under which the City agreed to negotiate an Offer Agreement, which would provide for the conveyance of 45 acres to the City for a university site. Under the terms of the proposed Land Offer Agreement, Eastlake Company would agree to convey 45 acres, which has been designated as a portion of the proposed university site, to the City for future conveyance to the University of California or other qualified higher education institution. (Director of Planning and Building) Director of Planning and Building Leiter explained the offer agreement. ACTION: Mayor Horton offered Resolution No. 2000-069, Resolution of the City Council of the City of Chula Vista authorizing the Mayor to enter into a Land Offer Agreement between the City Of Chula Vista and The EastLake Company, LLC, for conveyance of 45 acres to the City for university purposes, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 5. CITY MANAGER'S REPORTS There were none. 6. MAYOR'S REPORTS There were none. 7. COUNCIL COMMENTS There were none. Page 3 - Council Minutes 02/29/2000 CLOSED SESSION 8. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Fritsch v. City ofChula Vista, USDC, 98-CV-0972-E (CGA) No reportable action was taken. ADJOURNMENT At 7:55 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of March 7, 2000. Respectfully submitted, ~~l..LL~gJ O. ) Susan Bigelow, CMC/AAE, City Clerk Page 4 - Council Minutes 02/29/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MARCH 7, 2000 4:00P.M. A Regular Meeting of the Chula Vista City Council was called to order at 4:20 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . EMPLOYEE RECOGNITION AWARD OF THE MONTH - RICHARD ESTRADA, PUBLIC WORKS TECHNICIAN II. Director of Public Works Lippitt introduced Mr. Estrada, and Mayor Horton presented a commendation to Mr. Estrada for his dedicated efforts on behalf of the City. CONSENT CALENDAR (Items I through 12) Mayor Horton noted that there were requests to removed Consent Calendar Items #6, #7 and #9 for separate consideration. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on February 29, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 2 A. RESOLUTION NO. 2000-070, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM E TO G STREETS FOR THE CINCO DE MAYO CELEBRATION ON MAY 7, 2000, WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN EVENT Page I - Council Minutes 03/07/2000 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2000-071, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM E TO G STREETS FOR THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 6, 2000, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT C. RESOLUTION NO. 2000-072, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE BETWEEN D AND I STREETS, H STREET BETWEEN SECOND AND FOURTH AVENUE AND PORTIONS OF INTERSECTING STREETS ON SATURDAY, DECEMBER 2, 2000, FOR THE 38TH ANNUAL STARLIGHT YULE PARADE The Chula Vista Downtown Business Association (DBA) requests the closure of Third Avenue for three 2000 promotional events. For the Cinco de Mayo celebration and the Chula Vista Third Avenue Lemon Festival, the DBA requests that Third Avenue be closed between E and G Streets from 6:00 a.m. to 8:00 p.m. on the respective dates for each event. For the 38th Annual Starlight Yule Parade, the DBA requests Third Avenue be closed between D and I Streets, H Street be closed between Second and Fourth Avenues, and portions of intersecting streets be closed between 3:00 p.m. and 9:00 p.m. (Director of Community Development) Staff recommendation: Council adopt the resolutions. 3 A. RESOLUTION NO. 2000-073, RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA B. ORDINANCE NO. 2806-A, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM In 1999, legislation was enacted that permits agencies contracting under the California Public Employees' Retirement System to increase the lump sum death benefit paid upon the death of a retiree to their survivors from the current $600 to $2,000, $3,000, $4,000 or $5,000. The Border Chapter of the Retired Public Employees Association forwarded a request to the Mayor and City Council requesting that the City consider increasing the benefit to at least $2,000. (Director of Human Resources) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. Page 2 - Council Minutes 03/07/2000 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2000-074, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE ACTION TAKEN BY CITY COUNCIL IN CLOSED SESSION ON FEBRUARY 22, 2000, AUTHORIZING THE SETTLEMENT OF WORKERS' COMPENSATION CLAIM CV980125 (4/5TH'S VOTE REQUIRED) This action will ratify the authorization to settle Workers' Compensation claim CV980125 for $58,862.50. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-075, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $50,000 OF UNANTICIPATED ASSET SEIZURE FUNDS FOR THE REPLACEMENT OF THREE UNDERCOVER VEHICLES AND THE PURCHASE OF ONE NEW UNDERCOVER VEHICLE FOR THE POLICE INVESTIGATIONS UNITS (4/5THS VOTE REQUIRED) The Comprehensive Crime Control Act of 1984 provides for the distribution of seized and forfeited assets to the agencies participating in the investigation that resulted in the seizure. These funds are disbursed to supplement the effectiveness of law enforcement agencies. Staff recommends using some of these asset seizure funds for the purchase of four undercover vehicles. (Chief of Police) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2000-078, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CONTRACT WORK FOR THE "MAIN STREET IMPROVEMENT PROJECT BETWEEN INDUSTRIAL BOULEVARD AND BROADWAY" (ST-961), APPROVING CHANGE ORDER 9, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY On June 9, 1998, Council adopted a resolution awarding a contract in the amount of $2,800,178.40 (plus contingencies of $574,821.60) to Wier Construction Corporation for the project (CIP Project No. ST-961). The work is now complete, and the City may accept the improvements. Adjustments to bid quantities resulted in an adjusted contract amount of $2,763,970.80 ($36,207.60 less than the original contract), and Change Orders totaled $99,294.29. Change Order 1, approved on October 13, 1998, totaled $22,162.50 for the installation of a parallel sewer main in Jacqua Street. The total construction cost of the project is $2,853,993.74, which includes $2,763,970.80 for the adjusted contract bid quantities, $99,294.29 for change orders, and $9,271.35 in credits/deductions. All of these change orders were required because of unexpected field conditions and to complete the work per City standards. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 03/07/2000 CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2000-080, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET OF THE PLANNING AND BUILDING DEPARTMENT; ADDING EIGHT NEW POSITIONS, CONVERTING TWO TEMPORARY EXPERT PROFESSIONAL POSITIONS TO PERMANENT, AND RECLASSIFYING THE SUPERVISING LANDSCAPE ARCHITECT TO PRINCIPAL LANDSCAPE ARCHITECT EFFECTNE MARCH 10, 2000, TO BE FUNDED BY SALARY SAVINGS; AND APPROPRIATING $39,000 FROM THE AVAILABLE FUND BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR RELATED EQUIPMENT (4/5TH,S VOTE REQUIRED) As a result of an analysis of existing and proposed work programs, workload studies in the Building Division and in the Landscape Architecture and Parks Development Unit, and City-wide organizational restructuring, staff is recommending the addition of eight new positions in the Planning and Building Department, six of which will be transferred with the Landscape Architecture and Parks Development Unit to the newly created Parks and Recreation Department on July 1,2000. (Director of Planning and Building) Staffrecommendation: Council adopt the resolution. 11. RESOLUTION NO. 2000-081, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $50,000 FROM UNALLOCATED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE CHULA VISTA AMERICAN LITTLE LEAGUE AND AUTHORIZING THE MAYOR TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT (4/5TH,S VOTE REQUIRED) The Chula Vista American Little League (CV ALL) is a non-profit organization run solely by volunteers consisting of dedicated parents and coaches and has served the Chula Vista community for the past 40 years. CV ALL has been displaced from various playing sites due to school refurbishing, modernization and expansion programs ongoing throughout Chula Vista. The Sweetwater Union High School District agreed in 1997 to allocate land at Hilltop Middle School for the development of baseball fields. CV ALL applied and received Community Development Block Grant (CDBG) funds in the amount of $50,000 for fiscal year 1998-99 for construction of a little league sports complex located at Hilltop Middle School. A joint use agreement has been executed between the City, Sweetwater Union High School District and CV ALL. The CDBG funds received in fiscal year 1998- 99 have been expended. The phased construction of the sports complex began on January 24, 2000, and the primary components for two of the four baseball fields are nearing completion. With the completion of the major components of the two baseball fields, CV ALL is requesting assistance in the amount of $50,000 for backstops and fencing to place the fields in playing condition. (Director of Community Development) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes 03/0712000 CONSENT CALENDAR (Continued) 12 A. ORDINANCE NO. 2807, AN ORDINANCE OF THE CITY OF CHULA VISTA REPLACING CHAPTER 2.02 OF THE CHULA VISTA MUNICIPAL CODE IN ITS ENTIRETY RELATING TO CONFLICT OF INTEREST CODE B. RESOLUTION NO. 2000-082, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA The proposed ordinance provides that persons required to file conflict of interest statements under the City's Conflict of Interest Code may be designated by resolution rather than by ordinance. The proposed resolution will serve as an appendix to the Code, designating the titles of those officials required to file conflict of interest statements. (City Clerk) Staff recommendation: Council place the ordinance on first reading and adopt the resolution. With regard to Item #11, Mayor Horton thanked those who had raised funds or contributed to the support of Chula Vista American Little League. ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1 through #5, #8, and #10 through #12, headings read, texts waived. The motion carried 5-0. 6. RESOLUTION NO. 2000-076, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 800 MHZ COMMUNICATIONS (RCS) AGREEMENT AND DIRECTING STAFF TO RETURN WITH A DETAILED FINANCING PLAN FOR INFRASTRUCTURE COSTS, EQUIPMENT PURCHASES AND RELATED TRAlNlNG This is a proposal recommending approval of an agreement for the City to join the Regional Communications System for co-use of the RCS 800 MHz system to support radio operations for police, fire, public works, parks, recreation, building and housing, and other related users. (Chief of Police, Fire Chief, Director of Public Works) Councilmember Padilla asked why the agreement was being considered before the financing plan was presented. Finance Director Powell responded that the project costs have not been finally determined, and he identified the potential funding accounts. ACTION: Councilmember Padilla offered Resolution No. 200-076, heading read, text waived. The motion carried 5-0. Page 5 - Council Minutes 03/07/2000 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2000-077, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "CHULA VISTA ANIMAL CARE FACILITY, AT 130 BEYER WAY IN THE CITY OF CHULA VISTA, CA (GG-158)" PROJECT TO C & S DOCTOR, INC., IN THE AMOUNT OF $1,904,856, APPROPRIATING AN ADDITIONAL $70,927 OF PUBLIC FACILITIES DEVELOPMENT IMPACT FEE-CORPORATION YARD (PFDIF-CORP YARD) FUNDS, AND APPROPRIATING $1,181,960 OF PFDIF-CORP YARD FUNDS AS A LOAN TO THE GENERAL FUND (4/5TH,S VOTE REQUIRED) On February 9, 2000, the Director of Public Works received sealed bids for the project. The work to be done includes construction of an animal shelter with kennels, grading and earthwork, on and off-site utilities, paving, fire protection, mechanical, electrical and incidental work. (Director of Public Works) Councilmember Padilla asked how long the architectural design work would take to complete. Assistant City Manager Morris responded that it could take six months to one year, which he believed to be a reasonable length oftime, to get to the construction drawings. ACTION: Councilmember Padilla offered Resolution No. 2000-077, heading read, text waived. The motion carried 5-0. 9. RESOLUTION NO. 2000-079, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 1999/00 BUDGET TO ADD VARIOUS PUBLIC WORKS DEPARTMENT/ENGINEERING DNISION POSITIONS AND APPROPRIATING $204,245 FOR RELATED EQUIPMENT AND VEHICLES FROM THE UNAPPROPRIATED BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND (4/5TH,S VOTE REQUIRED) Additional staff in the Engineering Division of Public Works is needed to respond to the continuing surge in land development activities as a result of growth in the City during the past few years, and due to the significant staff involvement for the upcoming General Plan amendment. Mayor Horton asked regarding Disadvantaged Business Enterprise regulations relative to the new positions. ACTION: Mayor Horton offered Resolution No. 2000-079, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. Page 6 - Council Minutes 03/07/2000 ACTION ITEMS 13. CONSIDERATION OF APPROVAL OF A LAND OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NM HOMES TWO, INC. ET AL, FOR CONVEYANCE OF 536.9 ACRES TO THE CITY FOR UNIVERSITY PURPOSES In 1999, the City entered into a Letter of Intent with NM Homes Two, Inc. and other associated companies, under which the City agreed to negotiate an Offer Agreement that would provide for the conveyance of 536.9 acres to the City for a university site. Under the terms of the proposed Land Offer Agreement, NM Homes would agree to convey 536.9 acres, which has been designated as a portion of the proposed university site, to the City for future conveyance to the University of California or other qualified higher education institution. ACTION: Mayor Horton moved to continue this item to March 21, 2000. Councilmember Davis seconded the motion, and it carried 5-0. OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings. City Manager Rowlands noted that the meeting of March 14, 2000, had been cancelled, and a workshop was scheduled for March 16, 2000, at 4:00 p.m., in the City Council conference room. IS. MAYOR'S REPORTS A. Ratification of appointment to the Mobilehome Rent Review Commission - Robert Bliss ACTION: Mayor Horton moved to ratify the appointment ofMr. Bliss to the Mobilehome Rent Review Commission. Councilmember Davis seconded the motion, and it carried 5-0. Mayor Horton stated that a matter had arisen since the publication of the agenda and that she believed the Council should consider adopting a resolution opposing SB 402. ACTION: Mayor Horton moved to find that an urgency exists, that the matter came up after the agenda was published, and to add an item to the agenda: Councilmember Davis seconded the motion and it carried 5-0. 15A. CONSIDERATION OF APPROVAL OF RESOLUTION IN OPPOSITION TO SB 402 ACTION: Mayor Horton moved to adopt Resolution No. 2000-083, Resolution of the City Council ofthe City ofChula Vista opposing Senate Bi11402, Employer-Employee Relations. Councilmember Davis seconded the motion, and it carried 5-0. Page 7 - Council Minutes 03/07/2000 16. COUNCIL COMMENTS Deputy Mayor Moot asked that facts regarding alleged violations of the City's campaign contribution ordinance and Fair Political Practices Conunission regulations be forwarded to the Council. Councilmember Salas invited everyone to attend the 2nd Annual Latino Film Festival from March 7th through March 12th. At 4:50 p.m., Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 17. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 A. Property: Approximately seven acres located on Bonita Road adjacent to the Chula vista Municipal Golf Course Negotiating Parties: City of Chula Vista (Chris Salomone/Sid Morris), The Phair Co., C.W. Clark and American Golf Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property This item was not discussed. 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. Sanchez - Serrano v. City ofChula Vista (Superior Court) No action was taken. B. Loretz v. City of Chula Vista Mobilehome Rent Review Conunission Instructions were given to Counsel. ADJOURNMENT At 5:05 p.m., Mayor Horton adjourned the meeting to an Adjourned Meeting on March 16, 2000, at 4:00 p.m. in the Council Conference Room. Respectfully submitted, - ~ULW --:;;;$'t~ Susan Bigelow, CMC/AAE, City Clerk Page 8 - Council Minutes 0310712000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MARCH 21, 2000 6:00P.M. A Regular Meeting of the Chula Vista City Council was called to order at 6:02 p.m. in the Council Chambers, located in the Public Services, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. (Councilmember Padilla arrived at 6:22 p.m.) PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . Oath of Office: Mobilehome Rent Review Commission - Robert Bliss This item was continued to a future meeting. CONSENT CALENDAR (Items 1 through 11) Counci1member Salas asked that Consent Calendar Item #9 be removed for separate consideration. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on March 7, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter of resignation from Walter Fisher, member of the Growth Management Oversight Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to Maddy Act regulations. 2. ORDINANCE NO. 2807, AN ORDINANCE OF THE CITY OF CHULA VISTA REPLACING CHAPTER 2.02 OF THE CHULA VISTA MUNICIPAL CODE IN ITS ENTIRETY RELATING TO CONFLICT OF INTEREST CODE (CONTINUED FROM THE MEETING OF MARCH 7, 2000 - SECOND READING AND ADOPTION) The proposed Ordinance provides that persons required to file Conflict of Interest Statements under the City's Conflict of Interest Code may be designated by Resolution rather than by Ordinance. (City Clerk) Staff recommendation: Council place the ordinance on second reading for adoption. Page I - Council Minutes 03/21/2000 CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2000-084, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATIONS FOR TIDELANDS ACTIVITY PERMITS FROM THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE TASTE OF THE ARTS FESTIVAL, THE FOURTH OF JULY FIREWORKS DISPLAY, AND THE SUMMER POPS CONCERT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City is sponsoring three large, special events that will be conducted on Chula Vista's bayfront within the next six months. As these events are being partially or completely operated on property owned by the San Diego Unified Port District, the Port is requiring the City to apply for Tidelands Activity Permits. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2000-085, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF A THREE-YEAR USED OIL BLOCK GRANT APPLICATION IN THE AMOUNT OF $291,453 TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, OF WHICH $97,151 WILL BE ADDED TO FISCAL YEAR 2000/2001 BUDGET UPON AWARD The California Used Oil Enhancement Act 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 use a portion of the funds to provide block grants to local governments for used oil programs that encourage recycling. Block grants are distributed to jurisdictions based on population, approximately $.32 per person for used oil and $.025 per person for used oil filters for each city. The state's deadline for filing the grant application is April 6, 2000. (Special Operations Manager) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-086, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION'S 2000 BUDGET AND DEFERRING REQUEST FOR ASSISTANCE FOR CONSIDERATION WITH FISCAL YEAR 2000/2001 BUDGET SESSION In accordance with the Chula Vista Municipal Code, the Chula Vista Downtown Business Association (DBA) is required to submit an annual budget in March for Council approval. The DBA's budget is funded by a special assessment applied to each business located within the District's boundary and any income the District earns from promotional activities and other contributing sources. (Director of Community Development) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes 03121/2000 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2000-087, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED INCENTIVE AGREEMENT WITH LEVITON MANUFACTURING COMPANY On November 16, 1999, Council approved a business incentive agreement with Leviton Manufacturing Company and a related economic incentive agreement with EastLake Development Company. The Leviton agreement provides approximately $1 million in fee reduction incentives, $725,000 of which will be paid by the EastLake Development Company. The balance of the Leviton incentives will be provided by the City in processing and TFDIF fees and through a CDBG grant. In exchange for the incentives, Leviton is building a 90,000 square-foot facility and will hire approximately 200 employees over a five-year period. Leviton has requested some minor modifications to the business incentive agreement. (Director of Community Development) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2000-088, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH CDC SMALL BUSINESS FINANCE CORP. TO WORK WITH THE CITY OF CHULA VISTA TO MARKET FINANCIAL SERVICES TO CHULA VISTA BUSINESSES The CDC Small Business Finance Corporation (CDC) is a non-profit organization that partners with local banks to provide federal Small Business Administration loans at below-market rates and with better terms than traditional bank loans. The purpose of this cooperative agreement is to combine efforts of the CDC and the City in order to provide greater access to financial services for local Chula Vista businesses. This is in line with the goal of the City's Local Employer Assistance Program to provide financial and technical resources and services that address the specific needs of Chula Vista businesses. This agreement emphasizes collaboration on marketing and promotional materials, encourages timely service delivery to Chula Vista business customers referred to the CDC by the City, and provides Chula Vista businesses with a variety of loan package options that can stabilize floundering businesses and/or promote growth, at no cost to the City. (Community Development Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2000-089, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 3 FOR THE "TELEGRAPH CANYON CHANNEL IMPROVEMENTS, PHASE I, FROM SIERRA WAY TO K STREET" (DR-1l8) PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER On August 17, 1999, Council approved Resolution No. 19573, awarding a contract for the Telegraph Canyon channel improvements project (DR-1l8), Phase I, from Sierra Way to K Street, to Mesa Construction Projects, Inc. (Mesa) for $2,485,026.30. Between Page 3 - Council Minutes 03/21/2000 CONSENT CALENDAR (Continued) November 16 and November 20, 1999, Otay Water District released water from its Patzig Reservoir near EastLake. Otay Water District did not inform the City or the contractor of the release. The water reached the project by mid-day, November 17th, and continued through November 21st, resulting in damage to Mesa's work, including the sub-grade, forms, reinforcing steel, and equipment, upstream of Second Avenue. It was determined at that time that cleanup and damage assessment would take two to three weeks. City staff and Mesa agreed that it would be prudent to perform work downstream of Second Avenue, out of the east-to-west sequence, in order to avoid further construction delays and to take advantage ofthe dry weather conditions. Proposed change order number 3, in the amount of $14,500, is for the material costs for new forms and for the overtime differential associated with the fabrication/installation of the forms and the installation of reinforcing steel downstream of Second Avenue. Performing the work downstream of Second Avenue, out of sequence, enabled the contractor to ultimately complete most of the invert before the heavy rains in early February 2000. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10 A. RESOLUTION NO. 2000-091, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SETTING MAY 2, 2000 AT 4:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING ON ASSESSMENT DISTRICT 97-01 FOR IMPROVEMENTS TO OXFORD STREET FROM FOURTH AVENUE TO FIFTH AVENUE IN THE CITY OF CHULA VISTA B. RESOLUTION NO. 2000-092, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHNG CRITERIA TO QUALIFY FOR DEFERRAL FOR ASSESSMENT DISTRICT 97-01 On October 28, 1997, pursuant to the Improvement Act of 1911, also known as the 1911 Block Act, the City awarded a contract to MJC Construction in the amount of $328,708 for Oxford Street improvements from Fourth Avenue to Fifth Avenue. The work is now complete, and improvements have been accepted by the City Manager. A resolution must be adopted to accept the filing of the Engineer's Report on the cost of construction and to set the public hearing on the assessments. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 11. RESOLUTION NO. 2000-093, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE EASTLAKE COMPANY (APPLICANT), AND REGIONAL ENVIRONMENTAL CONSULTANTS (RECON; CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA-REQUIRED ENVIRONMENTAL DOCUMENTATION FOR EASTLAKE III REPLANNING PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 03/21/2000 Page 4 - Council Minutes CONSENT CALENDAR (Continued) The EastLake Company is currently processing the EastLake III Replanning Program, consisting of a General Plan Amendment, an amendment to the General Development Plan, a new SPA plan and associated regulatory documents. An Environmental Impact Report must be prepared for the project. Council is being asked to waive the bidding process and approve the proposed contract with RECON for $293,452 to provide consultant services for the preparation of the CEQA-required environmental documents. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1 through #8, #10 and #11. The motion carried 4-0, with Councilmember Padilla not yet present. ACTION: The following item, #9, was actually considered following Public Hearings. 9. RESOLUTION NO. 2000-090, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE MAXIMUM COMPENSATION FOR THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LAW CRANDALL, A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC., FOR MATERIALS TESTING AND GEOTECHNICAL CONSULTING SERVICES FROM $200,000 TO $400,000 THROUGH DECEMBER 31,2000 On December 15, 1998, Council adopted Resolution No. 19296 approving a two-year agreement with LAW Crandall to provide materials testing and geo-technical engineering consulting services from January 1, 1999 to December 31, 2000. At the time the agreement was approved, it was anticipated that the cost for LAW Crandall's services for the two years would be about $200,000; however, unanticipated costs totaling approximately $85,000 were incurred for inspection and testing services performed in 1999. Invoices for services provided by LAW Crandall now total $191,000. On January 11, 2000, Council approved the use of $5 million in Federal STP funds to expedite the City's overlay program. Staff estimates that the materials testing costs required for the overlay will total approximately $200,000 in fiscal year 2000/01, of which it is anticipated that approximately $120,000 will be expended through December 31, 2000. Therefore, it is necessary to increase the maximum compensation under the existing agreement with LAW Crandall from $200,000 to $400,000. Councilmember Salas questioned the unanticipated costs, specifically for the Otay Gym, and asked why the City should have to pay for cost overruns. Public Works Director Lippitt responded that testing had not been included in the scope of the contract but was necessary and it was the responsibility of the City to pay the cost. Councilmember Padilla arrived at this time, 6:22 p.m. ACTION: Councilmember Salas offered Resolution No. 2000-090, heading read, text waived. The motion carried 4-0-1, with Councilmember Padilla abstaining because he was not present for the discussion. 03/21/2000 Page 5 - Council Minutes ORAL COMMUNICATIONS Clyde Supri, 1216 Fourth Avenue, requested sidewalks or blacktop to provide access to the street. He was referred to staff. PUBLIC HEARINGS 12. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE EASTLAKE BUSINESS CENTER COMMUNITY DESIGN GUIDELINES On November 16, 1999, a public hearing was held to consider amendments to the EastLake II Planned Community District Regulations to incorporate 108 acres of research and limited manufacturing as BC-l, Business Center Manufacturing Park District, into the Land Use District Maps, to amend Section IV.2A, Property Development Standards, allowing an increase in building height for certain lots, and to establish special building setbacks and buffer requirements for certain lots abutting residential land use districts. At the public hearing, staff discussed the need for clarification in the Property Development Standards. The purpose of this ordinance amendment is to incorporate the language that was discussed at the November 16, 1999 public hearing in order to clarify the Council's intent when originally adopting the District Regulations for Business Center II. (Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Planning and Environmental Manager Hunter clarified the proposed action. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Mayor Horton offered Ordinance No. 2808, An Ordinance of the City Council of the City of Chula Vista Approving an Amendment to Section IV.2(A) of the EastLake II Planned Community District Regulations, for first reading. The motion carried 4-0, with Councilmember Padilla not yet present. OTHER BUSINESS 13. CITY MANAGER'S REPORTS City Manager Rowlands noted that the Council meetings for April 4, 2000 and April 25, 2000 were cancelled. 14. MAYOR'S REPORTS A. Ratification of appointment to the Human Relations Commission - Fred Antonio Tinker. ACTION: Mayor Horton moved to ratify the appointment of Mr. Tinker to the Human Relations Commission. Councilmember Davis seconded the motion, and it carried 5-0. Page 6 - Council Minutes 03/21/2000 OTHER BUSINESS (Continued) B. Ratification of appointment to the Civil Service Commission - Bill Veal. ACTION: Mayor Horton moved to ratify the appointment of Mr. Veal to the Civil Service Commission. Councilmember Salas seconded the motion, and it carried 5-0. C. Ratification of appointment to the Library Board of Trustees - Sandra Pasqua. ACTION: Mayor Horton moved to ratify the appointment of Ms. Pasqua to the Library Board. Councilmember Padilla seconded the motion, and it carried 5-0. 15. COUNCIL COMMENTS Deputy Mayor Moot asked the City Attorney to get input on how to improve the campaign contribution ordinance and report back to Council. Councilmember Davis requested that an interpretation regarding independent expenditures of political action committees (PAC's) be included in the City Attorney's report. Councilmember Padilla agreed that there is a need to examine the campaign contribution ordinance. At 6:33 p.m., Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 16. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 A. Property: Approximately seven acres located on Bonita Road adjacent to the Chula vista Municipal Golf Course Negotiating Parties: City of Chula Vista (Chris Salomone/Sid Morris), The Phair Co., C.W. Clark and American Golf Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property Instructions were given to the Negotiator. 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. Fritsch v. City ofChula Vista, USDC, 98-CV-0972-E (CGA) Instructions were given to Counsel. Page 7 - Council Minutes 03/21/2000 CLOSED SESSION (Continued) 18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 A. Property: 318 Fourth Avenue. Negotiating Parties: The City of Chula Vista (Sid Morris), First International Ban1e Under Negotiation: Price and terms for acquisition. Instructions were given to the Negotiator. ADJOURNMENT At 7:30 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of March 28,2000. Respectfully submitted, ~c:LLl~f)~ Susan Bigelow, CMC/AAE, City Clerk Page 8 - Council Minutes 03/2112000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 28, 2000 6:00 P.M. A Regular Meeting of the Chula Vista City Council was called to order at 6:07 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla and Salas ABSENT: Mayor Horton PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: HUMAN RELATIONS COMMISSION - FRED ANTONIO TINKER. This item was cancelled; Mr. Tinker had taken his oath earlier in the City Clerk's Office. . OATH OF OFFICE: LIBRARY BOARD OF TRUSTEES - SANDRA PASQUA. This item was continued to April II, 2000. . PRESENTATION BY CENSUS 2000 STREET THEATER: INTRODUCED BY DEPUTY CITY MANAGER, DAVID PALMER. Deputy City Manager Palmer introduced members of the Census 2000 Street Theater, who performed a skit that they are presenting throughout the City to inform residents of the importance of completing their census forms. CONSENT CALENDAR (Items I through 8) Deputy Mayor Moot asked that Consent Calendar Item #4 be removed for separate consideration. Councilmember Davis asked that Item #6 also be considered separately. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on March 21, 2000, there were no actions take which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. CONSENT CALENDAR (Continued) B. Letter of resignation from Vikki Opeodu, member of the Rent Review Commission. Staff recommendation: The resignation be accepted with regret, and the City Clerk be directed to post immediately according to Maddy Act regulations. 2 A. ORDINANCE NO. 2806A, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CONTINUED FROM THE MEETING OF MARCH 7, 2000 - SECOND READING AND ADOPTION) B. ORDINANCE NO. 2806B, AN EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL TO PROVIDE SECTION 21623.5 ($5,000 RETIRED DEATH BENEFIT) TO LOCAL MISCELLANEOUS AND SAFETY MEMBERS (4/5THS VOTE REQUIRED) In 1999, enabling legislation was enacted that permits agencies contracting under the California Public Employees' Retirement System to increase the lump sum death benefit paid upon the death of a retiree to their survivors from the current $600 to $2,000, $3,000, $4,000 or $5,000. These ordinances are required to amend the City's contract to provide the $5,000 death benefit to the City's safety and miscellaneous retirees. (Director of Human Resources) Staff recommendation: Council place Ordinance No. 2806A on second reading for adoption and adopt Urgency Ordinance No. 2806B. 3. RESOLUTION NO. 2000-094, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING CONTRACT FOR "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 1999-2000 PROGRAM (STL- 250)" AND AUTHORIZING THE EXPENDITURE OF $2,989.44 FROM THE NATURE CENTER ROAD RESURFACING PROJECT (STL-213) On January 5, 2000, the Director of Public Works received sealed bids for the construction of sidewalk ramps on various streets in the City for fiscal year 1999/2000, project #STL-250. The work to be done consists of the removal of curbs, gutters and sidewalks and the construction of pedestrian ramps. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes 03/28/2000 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2000-096, RESOLUTION AMENDING THE FISCAL YEAR 1999-2000 BUDGET FOR THE CITY CLERK'S DEPARTMENT TO APPROPRIATE $25,184 IN ADDITIONAL FUNDING TO COVER INCREASED COSTS (4/5THS VOTE REQUIRED) Approval of the resolution will add $3,000 to the City Clerk's budget for paper supplies for the networked copier and $22,184 to the Elections budget to cover the costs of (1) services provided by the Registrar of Voters to tabulate signatures on the solid waste referendum petition ($13,484) and (2) two Charter amendments placed on the March 7, 2000 ballot. (City Clerk) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2000-098, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CURRENT FISCAL YEAR BUDGET BY (I) ADDING ONE MID-MANAGEMENT POSITION OF BATTALION CHIEF; AND CHANGING THE TITLE OF FIRE MARSHAL (UNCLASSIFIED) TO ASSISTANT FIRE CHIEF (UNCLASSIFIED) IN THE FIRE DEPARTMENT; AND (2) ADDING ONE SENIOR MANAGEMENT ANALYST POSITION; RECLASSIFYING TWO PART-TIME, HOURLY RECYCLING RANGER POSITIONS TO TWO RECYCLING RANGER IIII AND ADDING ONE ADMINISTRATIVE TECHNICIAN POSITION IN ADMINISTRATION; AND APPROPRIATING FUNDS THEREFOR BASED ON UNANTICIPATED REVENUE (4/5THS VOTE REQUIRED) The addition of and changes to positions in these two departments is requested to continue to effectively meet the service demands on the City. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2000-099, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999-2000 BUDGET OF THE PLANNING AND BUILDING DEPARTMENT ADDING ONE NEW SENIOR CODE ENFORCEMENT OFFICER TO BE FUNDED FROM SALARY SAVINGS AND APPROPRIATING $21,500 FROM THE AVAILABLE FUND BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR RELATED EQUIPMENT, AND DIRECTING STAFF TO DEVELOP A PROACTIVE CODE ENFORCEMENT PROGRAM FOR FUTURE IMPLEMENTATION (4/5THS VOTE REQUIRED) An analysis of the City's existing code enforcement program was conducted by Zucker Systems, a management consulting firm, and led to suggestions that the City consider the expansion of its current code enforcement program to include new, proactive code enforcement components, and that additional staffing would be required to implement such components. In response to these recommendations, staff is suggesting a phased approach to an expanded code enforcement program, beginning with the addition of a Senior Code Enforcement Officer and the preparation of a detailed work program to be included in the proposed FY 2000/2001 budget. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 03/28/2000 CONSENT CALENDAR (Continued) ACTION: Deputy Mayor Moot moved to approve staff recommendations and offered Consent Calendar Items #1 through #3, #5, #7, and #8, headings read, texts waived. The motion carried 4-0. 4. RESOLUTION NO. 2000-095, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH MCGILL MARTIN SELF, INC., FOR PROJECT MANAGEMENT, PLAN REVIEW AND FINANCIAL SERVICES FOR THE CONSTRUCTION OF OLYMPIC PARKWAY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT, APPROPRIATING $925,600 FROM THE UNAPPROPRIATED BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO PROJECT STM-331, AND APPROPRIATING $25,500 FROM THE UNAPPROPRIATED BALANCE OF THE POGGI SEWER BASIN DEVELOPMENT IMPACT FEE FUND TO PROJECT STM-331 (4/5THS VOTE REQUIRED) The consultant, McGill Martin Self, Inc. (MMS), has been reviewing plans for the construction of Olympic Parkway and the channel easterly of Brandywine; and coordinating the Olympic Parkway project, including its financing via a community facility district. Staff recommends expanding the MMS contract to include Olympic Parkway from Oleander Avenue to Brandywine, and to extend project management services through March of 2002 to ensure successful construction and timing of improvements of this important roadway segment. With this amendment, an additional $2,041,000 in funds is required, of which $925,600 is to be funded by capital improvement project #STM 331 and $25,500 is to be funded by the Poggi Sewer development impact fees. The Otay Ranch Company and McMillin Land Development Company will fund the balance of the amendment. Total compensation for the contract, including the second amendment, is $3,821,500. (Director of Public Works) Deputy Mayor Moot asked for a status report on the Olympic Parkway project. Public Works Director Lippitt explained the project timeline and also that if Council were to decide to go to bid on the proposed services, the project would be delayed six to nine months. Councilmember Salas stated that, according to the developers, McGill Martin Self has been working diligently and is performing superior quality work. Kim Kilkenny, representing Otay Ranch Company, stated that the company has been pleased with the efforts of McGill Martin Self, and he also complimented the City's project management style. Bob Pletcher, representing McMillin, stated that the project has required a supreme effort of coordination between City departments, and he also commented on the excellent work performed by McGill Martin Self. ACTION: Deputy Mayor Moot offered Resolution No. 200-095, heading read, text waived. The motion carried 4-0. Page 4 - Council Minutes 03/28/2000 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2000-097, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO ADD SEVEN (7.00) POSITIONS TO THE HUMAN RESOURCES DEPARTMENT, ASSOCIATED EQUIPMENT AND FURNISHINGS AND ADDITIONAL FUNDING FOR VARIOUS OPERATING ACCOUNTS, INCLUDING ADVERTISING, HOURLY SALARIES, AND PROFESSIONAL SERVICES; APPROVING A FIRST AMENDMENT TO THE CONTRACT WITH JOHN SHANNON ASSOCIATES TO COMPLETE PHASE II OF THE CLASSIFICATION/COMPENSATION STUDY; WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE ADDITIONAL PAYMENT OF $45,000 TO WOLF CONSULTING GROUP TO FINALIZE EXECUTIVE/SENIOR MANAGEMENT ROLE DEFINITION PROCESS; AND APPROPRIATING $234,654 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND AND $43,250 FROM THE UNAPPROPRIATED FUND BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (DIF) FUND THEREFOR (4/5THS VOTE REQUIRED) The Human Resources Department is requesting the addition of seven full-time positions. Two are related to increased recruiting levels; two are related to Phase II implementation and subsequent maintenance of the Classification Plan; and three are to perform duties and provide support in response to the increasing number and complexity of issues associated with a greater number of employees and volunteers ($89,654 General Fund). Also requested is funding for the associated supplies and office equipment for these positions ($43,250 Public Facilities DIF); and, additional funding not directly related to these positions for advertising, hourly salaries, and professional services ($145,000 General Fund). (Director of Human Resources) Councilmember Davis asked for an explanation of the proposed staffing additions. Director of Human Resources Emerson explained the proposed organizational structure and the duties to be performed by the new staff members. ACTION: Councilmember Davis offered Resolution No. 2000-097, heading read, text waived. The motion carried 4-0. ORAL COMMUNICATIONS Dale H. Meservy, 777 Church Avenue, asked the Council to obtain community input in advance of considering the implementation of photo enforcement at signalized intersections. ACTION ITEMS 9. CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR TO ENTER A LAND OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NM HOMES TWO, INC., ET AL, FOR CONVEYANCE OF 536.9 ACRES TO THE CITY FOR UNIVERSITY PURPOSES Page 5 - Council Minutes 03/28/2000 ACTION ITEMS (Continued) In 1999, the City Manager entered into a letter of intent with NM Homes Two, Inc. and other associated companies. The City agreed to provide certain considerations with regard to future entitlements for Otay Ranch Village II if NM Homes Two, Inc. would agree to enter into an agreement under which it would eventually convey 536.9 acres of a proposed university site to the City. The proposed offer agreement between the City and the property owner would implement the terms of the letter of intent. (Director of Planning and Building) ACTION: Councihnember Padilla moved to continue this item to the meeting of April II, 2000, as recommended by staff. Councihnember Davis seconded the motion, and it carried 4-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. II. MAYOR'S REPORTS A. Ratification of appointment to the Cultural Arts Commission - Christopher Redo B. Ratification of appointment to the Commission on Aging - Alva Roberson C. Ratification of appointment to the Veterans' Advisory Commission - Stephen Millikin D. Ratification of appointment to the International Friendship Commission - Lourdes Sevilla ACTION: Deputy Mayor Moot moved to ratify the above appointments, items IIA through liD. Councilmember Davis seconded the motion, and it carried 4-0. 12. COUNCIL COMMENTS Councilmember Salas reported that David Davenport, a student from Hilltop High School and the son of a City employee, won second place out of 12,000 participants in the Greater San Diego Science and Engineering Fair. ADJOURNMENT At 6:58 p.m., Deputy Mayor Moot adjourned the meeting to the Regular Meeting of April II, 2000, noting that the Regular Meeting of April 4th was cancelled. Respectfully submitted, = -Ju.1...Lt3g~ Susan Bigelow, CMC/AAE, City Clerk Page 6 - Council Minutes 03/28/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APRIL 11, 2000 6:00 P.M. A Regular Meeting of the Chula Vista City Council was called to order at 6:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton (Councilrnember Padilla arrived at 6: 11 p.m.) ABSENT: Counci1members: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . EMPLOYEE RECOGNITION AWARD OF THE MONTH - GREG PICKETT, CRIME ANALYST Chief Emerson introduced Greg Pickett, and Mayor Horton presented a proclamation to him. . PROCLAMATION TO BRITT BERRETT, CEO OF SHARP CHULA VISTA MEDICAL CENTER, FOR HIS COMMUNITY SERVICE TO THE CITY OF CHULA VISTA Mayor Horton read the proclamation, commending Mr. Berrett for his service to Chula Vista and wishing him well in his new position. Deputy Mayor Moot presented the proclamation to him. . PROCLAMATION PROCLAIMING THE WEEK OF APRIL 10 THROUGH APRIL 14 AS TELECOMMUNICATIONS WEEK Mayor Horton read the proclamation, and Deputy Mayor presented it to Korki Bottoms. . OATH OF OFFICE: LIBRARY BOARD OF TRUSTEES - SANDRA PASQUA City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented a certificate of appointment to Ms. Pasqua. . OATH OF OFFICE: CIVIL SERVICE COMMISSION - WILLIAM VEAL City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented a certificate of appointment to Mr. Veal. SPECIAL ORDERS OF THE DAY (Continued) . OATH OF OFFICE: CULTURAL ARTS COMMISSION - CHRISTOPHER REDO City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented a certificate of appointment to Mr. Redo. . OATH OF OFFICE: COMMISSION ON AGING - ALVA ROBERSON City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented a certificate of appointment to Ms. Roberson. . OATH OF OFFICE: VETERAN'S ADVISORY COMMISSION - STEPHEN MILLIKIN City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented a certificate of appointment to Mr. Millikin. . OATH OF OFFICE: INTERNATIONAL FRIENDSHIP COMMISSION - LOURDES SEVILLA City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented a certificate of appointment to Ms. Sevilla. CONSENT CALENDAR (Items 1 through 8) 1. ORDINANCE NO. 2808, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO SECTION IV.2(A) OF THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS (CONTINUED FROM THE MEETING OF MARCH 21, 2000 - SECOND READING AND ADOPTION) On November 16, 1999, a public hearing was held to consider amendments to the EastLake II Planned Community District regulations to incorporate 108 acres of research and limited manufacturing as BC-l, Business Center Manufacturing Park District, into the Land Use District Maps, to amend Section IV.2A, Property Development Standards, allowing an increase in building height for certain lots, and to establish special building setbacks and buffer requirements for certain lots abutting residential land use districts. At the public hearing, staff discussed the need for clarification in the Property Development Standards. The purpose of this ordinance amendment is to incorporate the language that was discussed at the November 16, 1999 public hearing in order to clarify the Council's intent when originally adopting the District Regulations for Business Center II. (Director of Community Development) Staffrecommendation: Council place the ordinance on second reading for adoption. Page 2 - Council Minutes 04/11/2000 CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2000-101, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 7, 2000, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The Registrar of Voters has transmitted the certified results of the General Municipal Election held on March 7, 2000. Elections Code Section 15372 requires the City Clerk, as the elections official, to transmit the certified results to the City Council. Elections Code Section 15400 requires the City Council to declare the results of the election. The proposed resolution contains the official results as reported by the Registrar of Voters. (City Clerk) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2000-102, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET AND APPROPRIATING UNANTICIPATED GRANT REVENUES IN THE AMOUNT OF $41,120 TO PURCHASE EIGHT RADAR LASERS, ONE SPEED ENFORCEMENT TRAILER AND MISCELLANEOUS TRAFFIC-RELATED EQUIPMENT FOR THE SERIOUS TRAFFIC OFFENDERS PROGRAM (4/5THS VOTE REQUIRED) The Office of Traffic Safety has approved amendments to the City's Serious Traffic Offenders Program (STOP) grant. The Office of Traffic Safety will fund the City a total of $41,120 for the purchase of speed enforcement equipment, including eight handheld laser radar guns, one speed enforcement trailer, and miscellaneous traffic enforcement equipment. (Chief of Police) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2000-103, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $30,709 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND FOR A WIRELESS NETWORK FOR REMOTE FIRE STATIONS (4/5THS VOTE REQUIRED) The remote Fire Stations (Stations 2-6) currently use Integrated Services Digital Network (ISDN) lines to connect to the City's computer-aided dispatch system at a cost of about $17,000 per year. The requested funds will be used to purchase a "wireless" network to connect the remote Fire Stations, thereby eliminating the yearly ISDN line charges from the operating budget. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 04/11/2000 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2000-104, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "CROSS GUTTER INSTALLATION AT SECOND AVENUE AND MADRONA STREET (SOUTH SIDE) IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-240)" PROJECT On February 23, 2000, the Director of Public Works received sealed bids for this project. The work to be done consists of installation of a Portland cement concrete (pCC) cross gutter, pedestrian ramps, and the removal and replacement of asphalt concrete pavement, PCC curbs, gutters, and sidewalks on the south side of Madrona Street and Second Avenue. (Director of Public Works) Staff recommendation: Council adopt the resolution and award the contract to Jimenez, Inc. dba, MJC Construction ofChula Vista, California. 6. RESOLUTION NO. 2000-105, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $184,707.21 FOR TWO l2-CUBIC-YARD DUMP TRUCKS TO E-W TRUCK & EQUIPMENT CO., INC. The Fiscal Year 1999/2000 equipment maintenance budget provides for the replacement of one l2-cubic-yard dump truck. The sewer facilities replacement budget provides for the purchase of one additional l2-cubic-yard dump truck for the sewer maintenance division. The bid was advertised in the Chula Vista Star News on March 4, 2000 and opened on March 14,2000. In addition, eight potential bidders were contacted, with four responding. There were no local vendors for trucks of this size. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2000-106, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATING AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT "A" OF CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2, UNIT NO.9, MAP NO. 13742 Pacific Bay Properties, a California Corporation, formerly known as Pacific Bay Homes, a California Corporation, wishes to process a summary vacation for the existing Irrevocable Offer of Dedication of Fee Interest to the City ofChula Vista over Lot "A" of Map No. 13742 and grant a new Offer of Dedication for said lot in order to facilitate a boundary adjustment between Lot "A" and the adjacent residential parcel. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said vacation. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes 04/11/2000 CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2000-107, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATING AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT "B" OF MAP NO. 13500, CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2, UNIT NO.1 Pacific Bay Properties, a California Corporation, formerly known as Pacific Bay Homes, a California Corporation, wishes to process a summary vacation for the existing Irrevocable Offer of Dedication of Fee Interest to the City ofChula Vista to clear the title for Lot "B" of Map No. 13500. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution. (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Bill Ayers, 44 E. Mankato Street, stated that the Veterans Home Support Foundation has now received tax-exempt status and he requested donations from the community for needed equipment for the facility. Scott Alevy, representing Pacific Bell, announced that the proposed area code change from 619 to 935 has been suspended indefinitely. The following persons objected to the proposed planting of oleander bushes around the perimeter of the San Diego Country Club that would result in blocked views and a devaluation of residential property values and because of the toxicity of the plant: Alberto Ayala, 248 L Street Tom Duncan, 208 L Street Craig Davis, 172 L Street Jose A. and Sandra Ramos, 262 L Street Luis Del Rio, 152 L Street Delora Richmond, 168 L Street Xavier C. Hernandez, 120 L Street Patty Webb and Mr. Stark, 184 L Street Sara Marquez-Gonzalez, 899 2nd Avenue Mayor Horton informed the residents that although the club is private property, she would personally contact members of the club's board of directors to see if something more compatible with the neighborhood could be considered and to encourage a meeting of the board with the surrounding neighbors. She told the speakers that she would let them know the results of her contact. Page 5 - Council Minutes 04/1112000 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. CONSIDERATION OF ADOPTION OF THE FOUR-YEAR TRANSNET LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2000/2001 THROUGH 2003/2004 AND APPROVAL OF THE SUBMITTAL OF CHULA VISTA'S TRANSPORTATION IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM SANDAG is required by state and federal law to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years. The 1998-2004 RTIP, a six-year program of proposed major highway, arterial, transit, and bikeway projects, including the TransNet Program of Projects, was adopted by the SANDAG Board on July 24, 1998. As a result of Senate Bill 45, the RTIP process has been revised from a six- year program to a four-year program. The 2000-2004 RTIP covers the same period as the last four years of the 1998-2004 RTIP. The annual development and approval of the RTIP by SANDAG are requirements for the continued receipt of state and federal transportation project funding. The "Proposition' A' TransNet Transportation Improve- ment Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with TransNet funds be included in the RTIP. Chula Vista's proposed four-year program involves the programming of $15,095,000 in projected TransNet revenue. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. Councilmember Salas stated that it was important to inform the public that the Willow Street bridge project will take a year to complete and that the City is repairing streets on the western side of the City. ACTION: Mayor Horton offered Resolution No. 2000-108, Resolution of the City Council of the City of Chula Vista adopting the Four-Year TransNet Local Streets and Roads Program of Projects for Fiscal Years 2000-2001 through 2003-2004 and approving the submittal of Chula Vista's Transportation Improvement Program to the San Diego Association of Governments (SANDAG) for inclusion in the Regional Transportation Improvement Program (RTIP), heading read, text waived. The motion carried 5-0. ACTION ITEMS 10 A. RESOLUTION NO. 2000-109, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING MAINTENANCE LEVEL FOR CITY PARKS AND OTHER PROPERTY AND A COMMENSURATE STAFF/ACREAGE RATIO FOR RECENT AND FUTURE PARK DEVELOPMENT AND OTHER CITY PROPERTIES Page 6 - Council Minutes 04/1112000 ACTION ITEMS (Continued) B. RESOLUTION NO. 2000-110, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A POLICY TO CONTRACT OUT MAINTENANCE OF LANDSCAPED MEDIANS AND SLOPES CURRENTLY MAINTAINED BY CITY CREWS AND AMENDING THE FISCAL YEAR 1999/2000 PUBLIC WORKS DEPARTMENT BUDGET BY APPROPRIATING $9,080 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR BEGINNING MAY 1, 2000 (4/5THS VOTE REQUIRED) C. RESOLUTION NO. 2000-111, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A POLICY TO CONTRACT OUT MAINTENANCE OF SMALL POCKET PARKS FOR EXISTING AND FUTURE PARKS AND AMENDING THE FISCAL YEAR 1999-2000 PUBLIC WORKS DEPARTMENT BUDGET BY APPROPRIATING $10,998 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR BEGINNING MAY 1, 2000 (4/5THS VOTE REQUIRED) D. RESOLUTION NO. 2000-112, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999-2000 PUBLIC WORKS DEPARTMENT BUDGET BY TRANSFERRING $31,283 FROM THE PARK MAINTENANCE SECTION SALARY SAVINGS FOR THE REMAINDER OF THE CURRENT FISCAL YEAR BEGINNING MAY 1,2000 AND APPROVING ADDITIONAL STAFF AND SUPPLIES FOR THE PARKS MAINTENANCE SECTION OF PUBLIC WORKS (4/5THS VOTE REQUIRED) E. RESOLUTION NO. 2000-113, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999-2000 PUBLIC WORKS DEPARTMENT BUDGET BY APPROPRIATING $15,367 FROM THE UNAPPROPRIATED FUND BALANCE OF THE CORP YARD DIP FUND AND APPROPRIATING $62,464 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND AND APPROVING THE PURCHASE OF ADDITIONAL EQUIPMENT (4/5THS VOTE REQUIRED) The Parks Maintenance Section is currently experiencing a staffing and equipment shortage due to budget reductions in the mid-1990's and the additional maintenance responsibility for new parks, landscaped medians and other City property. This has impacted the section's ability to provide desired maintenance levels. Furthermore, there are several new parks in the planning and construction stages in the Rancho Del Rey SPA III, Rolling Hills Ranch, EastLake, and Otay Ranch Villages 1 and 5 developments that will be turned over to the City in the next five years, thereby exacerbating the staffing shortage. (Director of Public Works) Deputy Director of Public Works Byers presented the proposals to Council and the audience. ACTION: Councilmember Salas offered Resolution Nos. 2000-109 through 2000-113, headings read, texts waived. The motion carried 5-0. Page 7 - Council Minutes 04/11/2000 ACTION ITEMS (Continued) 11. CONSIDERATION OF APPROVAL OF CHANGING THE NAME OF A PORTION OF CORDOVA DRIVE TO VERANO DRIVE A problem with addressing on Cordova Drive in Rancho Del Rey Spa III was brought to City staff s attention on August 26, 1999. In order to correct this problem, staff proposes to change the street name of the portion of Cordova Drive south of East "J" Street to Verano Drive. Codova Drive is an existing public street and, therefore, requires Planning Commission/City Council action to change the name. (Director of Public Works) ACTION: Mayor Horton offered Resolution No. 2000-114, Resolution of the City Council of the City of Chula Vista approving the name change of a portion of Cordova Drive to Verano Drive, heading read, text waived. The motion carried 5-0. 12. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 1999-2000 BUDGET TO (A) ADD POSITIONS TO THE PLANNING & BUILDING AND COMMUNITY DEVELOPMENT DEPARTMENTS AND THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND (B) DIRECTING STAFF TO INITIATE A COMPREHENSIVE UPDATE OF THE CITY'S GENERAL PLAN (4/5THS VOTE REQUIRED) The General Plan provides the long-term blueprint for the physical development of the City, typically covering a twenty-year period. A comprehensive update of the General Plan is needed at this time. This update will also provide an excellent opportunity to communicate with citizens regarding progress made since the last General Plan update in 1989, and to hear how they want their neighborhoods and the City as a whole to develop in the future. (Director of Planning and Building) Assistant Planning Director Sandoval reported on the primary reasons for a General Plan update and the plans to involve the community during the process. ACTION: Mayor Horton offered Resolution No. 2000-115, Resolution of the City Council of the City of Chula Vista amending the Fiscal Year 1999-2000 budgets of the Planning and Building Department to add a General Plan Project Manager position, the Community Development Department to add a Senior Planner position, and the Engineering Division of Public Works to add a Civil Engineer (Transportation Planner) position, all to be funded through salary savings, and appropriating $19,100 from the available fund balance of the Public Facilities Development Impact Fee Fund for related equipment and directing Staff to initiate the comprehensive update of the City Of Chula Vista General Plan, heading read, text waived. The motion carried 5-0. 13. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO ENTER A LAND OFFER AGREEMENT WITH NM HOMES TWO, INC., ET AL, FOR CONVEYANCE OF 536.9 ACRES TO THE CITY FOR UNIVERSITY PURPOSES (CONTINUED FROM THE MEETING OF MARCH 28, 2000) Page 8 - Council Minutes 04/11/2000 ACTION ITEMS (Continued) In 1999, the City Manager entered into a letter of intent with NM Homes Two, Inc. and other associated companies. The City agreed to provide certain considerations with regard to future entitlements for Otay Ranch Village 11, ifNM Homes Two, Inc. would agree to enter into an agreement under which it would eventually convey 536.9 acres of a proposed university site to the City. The proposed offer agreement between the City and the property owner would implement the terms of the letter of intent. (Director of Planning and Building) Jack McDonald, representing New Millennium Homes, commended staff for their dedicated offers and presented an irrevocable deed to the Mayor. ACTION: Mayor Horton offered Resolution No. 2000-116, Resolution of the City Council of the City of Chula Vista authorizing the Mayor to enter a Land Offer Agreement between the City of Chula Vista and NM Homes Two, Inc., et aI, for conveyance of 536.9 acres to the City for university purposes, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 14. CITY MANAGER'S REPORTS City Manager Rowlands reported that the regular meeting of April 25th was cancelled; a workshop with the Child Care Commission has been scheduled at 6:30 p.m. on May 2nd; and a workshop with the Plannin& Commission and Growth Management Oversight Commission has been scheduled for May 25 . 15. MAYOR'S REPORTS There were none. 16. COUNCIL COMMENTS There were none. CLOSED SESSION 17. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One Case No action was taken. ADJOURNMENT At 10:30 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of April 18, 2000. Respectfully submitted~ ) ~~~cUJ~rJ C'l. . Susan Bigelow, CMC/AAE, City Clerk Page 9 - Council Minutes 04/11/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APRIL 18, 2000 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. (Councilmember Salas arrived at 6:02 p.m. and Deputy Mayor Moot arrived at 6:05 p.m.) ABSENT: Councilmembers: Nonwe PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION TO RON BOLLES, DIRECTOR, CONGRATULATING CHULA VISTA HIGH SCHOOL, SCHOOL OF THE CREATNE AND PERFORMING ARTS Mr. Bolles was not present, and the proclamation was not presented. . PRESENTATION OF A DONATION BY COX COMMUNICATIONS TO THE CHULA VISTA NATURE CENTER A representative of Cox Communications presented a check for $2,500 to Nature Center Director Beintema. . PRESENTATION OF A CERTIFICATE TO DAVID DAVENPORT, SECOND PLACE WINNER IN THE ENGINEERING CATEGORY, SENIOR DIVISION, AT THE SWEETWATER UNION HIGH SCHOOL DISTRICT SCIENCE FAIR Councilmember Padilla presented the certificate to Mr. Davenport, who won first place in the County-wide competition. . PRESENTATION OF A PROCLAMATION PROCLAIMING THE WEEK OF APRIL 24 THROUGH APRIL 28, 2000 AS COMMUNITY DEVELOPMENT WEEK IN THE CITY OF CHULA VISTA Mayor Horton read the proclamation, and Deputy Mayor Moot presented it to Frank Riley, representing the U.S. Department of Housing and Urban Development. . INTRODUCTION BY CHRISTINA CHANG, DIRECTOR OF THE MISS CHULA VISTA PAGEANT, OF JAYME DONLON, MISS CHULA VISTA 2000, ADRIENNE CAMPBELL, FIRST PRINCESS, AND LONNA CORNWALL, SECOND PRINCESS Ms. Chang introduced Ms. Donlon, who introduced her court. Page I - Council Minutes 04/18/2000 CONSENT CALENDAR (Items 1 through 8) Mayor Horton noted that a request was made to remove Consent Calendar Item #8 for separate consideration. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on April 11, 2000, there were no actions taken which are required under the brown act to be reported. Staff recommendation: The letter be received and filed. B. Letter of resignation from Viviane Marquez, member of the Resource Conservation Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to Maddy requirements. C. Letter from Virgil Pina, requesting a quarterly report to the community detailing traffic stops made by the Chula Vista Police Department. Staff recommendation: The letter be referred to the Chief of Police for a report back to Council. 2A. RESOLUTION NO. 2000-117, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION, APPROPRIATING $24,851 FROM TRANSPORTATION PARTNERSHIP FUNDS (TPF), AND SETTING MAY 16,2000 AT 6:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING ON ASSESSMENT DISTRICT 96-01 FOR IMPROVEMENTS TO TWIN OAKS AVENUE FROM NAPLES STREET TO EMERSON STREET IN THE CITY OF CHULA VISTA (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2000-118, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING CRITERIA TO QUALIFY FOR DEFERRAL FOR ASSESSMENT DISTRICT 96-01 On January 20, 1998, pursuant to the Improvement Act of 1911, also known as the 1911 Block Act, the City Council, by Resolution No. 18873, awarded a contract to ABC Construction Company for $179,755 for Twin Oaks Avenue improvements from Naples Street to Emerson Street (STL 232). The work has been completed, and improvements have been accepted by the City Manager. The proposed resolution will accept the filing of the Engineer's Report on the cost of construction and set the public hearing on the assessments. (Director of Public Works) Staff recommendation: Council adopt the resolutions. Page 2 - Council Minutes 04/1812000 CONSENT CALENDAR (Continued) 3 A. RESOLUTION NO. 2000-119, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATING THE STREET RIGHT-OF-WAY FOR OLYMPIC PARKWAY AND EAST PALOMAR STREET OFFERED FOR DEDICATION ON MAP NO. 13615 AND BY OFFER OF DEDICATION OF FEE INTEREST RECORDED AS DOCUM,ENT NO. 1998-0510233 B. RESOLUTION NO. 2000-120, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "A" MAP NO.2 FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH VILLAGE 5, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDNISION, REJECTING ON BEHALF OF THE PUBLIC THE OFFERS OF DEDICATION FOR OLYMPIC PARKWAY, EAST PALOMAR STREET, AND A PORTION OF SANTA ROSA DRIVE, ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTERESTS IN LOTS A, B, C, D, H, J, K, L, 0 AND P FOR OPEN SPACE AND OTHER PUBLIC PURPOSES, LOT I FOR PUBLIC PARK PURPOSES, LOTS Q AND R FOR TRANSPORTATION, OPEN SPACE AND OTHER PUBLIC PURPOSES, ALL AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, AND VACATING ON BEHALF OF THE CITY OF CHULA VISTA CERTAIN IRREVOCABLE OFFERS OF DEDICATION FOR OPEN SPACE LOTS AND PARK LOTS LOCATED WITHIN THE BOUNDARIES OF THE FINAL "A" MAP NO.2 C. RESOLUTION NO. 2000-121, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 96-04, OTAY RANCH VILLAGE 5 "A" MAP NO. 2 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolutions approves "A" Map No.2 and the Supplemental Subdivision Improvement Agreement for Village 5 of the Otay Ranch Project. The map contains twenty "super block" lots that will require the subsequent filing of Final "B" Maps, and one multi-family lot (maximum of 182 units) that will require subsequent design review approval. Also considered for approval is the summary vacation of a portion of Olympic Parkway previously offered for dedication on August 4, 1998 by Map No. 13615. Subsequent design efforts shifted Olympic Parkway slightly north of the previous alignment. As a consequence, the existing Irrevocable Offer of Dedication (IOD) is partially offsite of the proposed "A" Map and carmot be fully vacated on the map. The proposed resolution vacates the unneeded IOD, which will be replaced by a new IOD granted on the proposed "A" Map. The new IOD will provide the required right-of-way to accommodate the ultimate improvements of Olympic Parkway. (Director of Public Works) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes 04/18/2000 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2000-122, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ELECTING NOT TO BE A PART OF A JOINT POWERS AUTHORITY TO REPLACE THE AFFORD GROUP AND METRO COMMISSION In 1997, Chula Vista entered into an agreement between the IS participating agencies and the City of San Diego for the provision of wastewater treatment for the parties involved. The agreement set up the METRO Commission as an advisory body to the City of San Diego and also set up rules and processes to pay for the construction, operation and maintenance of wastewater treatment. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-123, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA FOR PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 2000-2001 The agreement authorizes the City to claim $127,830 of County of San Diego Transportation Development Act Article 4.0 funds for provision of Chula Vista Transit services in the unincorporated area of the County. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2000-124, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMISSION OF FISCAL YEAR 2000-2001 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM The Fiscal Year 2000-2001 claim for TDA Article 4.0 funds to support Chula Vista Transit (CVT) operations and capital procurements was submitted to SANDAG and MTDB on April 1,2000, as required by state law. A TDA claim is an application for TDA operating and capital funds for the upcoming fiscal year. During the first week in March, SANDAG issues the TDA guidelines, which include the City's total TDA funds available for the next fiscal year. Staff prepares the TDA claim and submits it both to SANDAG and MTDB by the April 1st deadline. Staff then returns to Council in April for ratification of the claim. An amendment to the claim may be made by direction of the Council after submission to SANDAG and MTDB. The total claim is in the amount of $3,461,320, consisting of $3,333,490 claimed against the City of Chula Vista's TDA funds and $127,830 claimed against the County of San Diego's TDA funds. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes 04/18/2000 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2000-125, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO CALIFORNIA DEPARTMENT OF TRANSPORTATION OF EIGHT APPLICATIONS FOR THE FEDERAL FISCAL YEAR 1999-2000 SAFE ROUTES TO SCHOOL PROGRAM The Safe Routes to School (SRZS) Program is a new federal program that resulted from the passage and signing of Assembly Bill (AB) 1475. AB 1475 calls for the California Department of Transportation (CalTrans) to establish and administer a "Safe Routes to School construction program" and to "use federal transportation funds for construction of bicycle and pedestrian safety and traffic calming projects." Current regulations require that official applications be submitted in order for projects to be considered for funding. Projects are chosen and then approved for funding after the applications have been evaluated and assigned a priority by CalTrans. (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1 through #7, headings read, texts waived. The motion carried 5-0. 8. RESOLUTION NO. 2000-126, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACT FOR COMMUNITY FACILITY DISTRICTS, TELEGRAPH CANYON ROAD MEDIANS AND P ARKW A YS AND CITY LANDSCAPED MEDIANS AND P ARKW A YS Bids to provide landscape maintenance services for new Community Facility Districts in Otay Ranch and Sunbow II were requested on January 15, 2000, and received on February 16, 2000. Bids were also requested to provide landscape maintenance services for the City's landscaped medians and parkways and Telegraph Canyon Road medians and parkways because of new landscaped areas developed in Otay Ranch and Sunbow II and new landscaped medians and parkways on Telegraph Canyon Road. Bids for the City's landscaped medians and parkways were requested to evaluate the cost effectiveness of contracting versus city staff maintenance. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Randy Newhard, New Way Landscape Services, 14443 Highway 67, Lakeside, cautioned the City that the low bidders might have missed something in making their bids, since their bids were 30 to 43% lower than those two years previously. Purchasing Agent Coggins responded that the City has done business before with the recommended contractors, both of which are reputable, and no problems are anticipated. ACTION: Councilmember Padilla offered Resolution No. 2000-126, heading read, text waived. The motion carried 5-0. Page 5 - Council Minutes 04/1812000 ORAL COMMUNICATIONS Bill Ayers, President of the Veterans Home Foundation, invited the community to attend the ribbon-cutting ceremony for the new Veterans Home on Saturday, May 13th, at 2:00 p.m. ACTION ITEMS 6:15 P.M. 9. CONSIDERATION OF ACCEPTANCE OF A REPORT ON BROWN FIELD EXPANSION The City's consultants from Aviation Systems Associates, Inc. presented their findings resulting from their analysis of the Final Environmental Impact Report!Environmental Assessment on the proposed expansion of Brown Field into an air cargo facility. The following persons spoke in opposition to the expansion: Diane Rose, Mayor, City ofImperial Beach Carlene Baskevitch, representing Pardee Homes Louis Masotti, representing Pardee Homes Ralph Inzunza, 4777 Essington Court, San Diego Jaime M. Garcia, 725 La Heurta Way, San Diego, representing his neighborhood Katy Wright, representing Sweetwater Union High School District Buck Martin, representing Coors Amphitheatre Patrice Milkovich, representing ARCO U.S. Olympic Training Center Mary Beth Coburn, representing Bitterlin Development Edward C. McKenna, 350 Spruce Street Guy Asaro, representing The EastLake Development Company Kathleen Cheers, 505 Gatty Court, San Diego Steve Molsky, 677 B Street #111 Dave Gatzke, representing Pacific Bay Homes Jerry Rindone, 226 Guava Avenue Pepper Coffey, 1164 Cove View Way Daniel Coffey, 1164 Cove View Way Greg Nigh, 1132 Seabreeze Drive The following persons spoke in support ofthe expansion: Lawrence M. Killeen, representing the San Diego Air Commerce Center Bob Green, P. O. Box 819, Chula Vista Deputy Mayor Moot commented that data is not available on which to make an accurate and proper decision. ACTION: Deputy Mayor Moot then moved to resolve that the Chula Vista City Council opposes the Air Commerce Center's expansion of Brown Field because the Federal Aviation Administration has not completed and released its air traffic impact analysis, and the actual flight paths have not been determined and analyzed for the actual significant noise and environmental impacts on the affected persons, schools and businesses in Chula Vista. Mayor Horton seconded the motion, and it carried 5-0. Page 6 - Council Minutes 04/18/2000 ACTION ITEMS (Continued) At 9:21 p.m., Mayor Horton declared a recess. The meeting reconvened at 9:46 p.m., with all Councilmembers present. 10. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO ADD SIX POSITIONS TO THE MANAGEMENT AND INFORMATION SERVICES DEPARTMENT, ASSOCIATED EQUIPMENT AND FURNISHINGS, AND RETITLING TWO EXISTING POSITIONS (4/5THS VOTE REQUIRED) The Management and Information Services Department is requesting six full-time positions, two relating to data base administration, one relating to managing the microcomputer support function, two relating to application support, and one relating to GIS support. (Director of Management and Information Services) ACTION: Deputy Mayor Moot moved to adopt Resolution No. 2000-128, Resolution of the City Council of the City of Chula Vista amending the Fiscal Year 1999/2000 budget to add six positions to the Management and Information Services Department, associated equipment and furnishings, retitling two existing positions, and appropriating $13,360 from the unappropriated fund balance of the General Fund and $20,000 from the unappropriated fund balance of the Public Facilities Development Impact Fee (DIF) Fund therefor, heading read, text waived. Councilmember Davis seconded the motion, and it carried 5-0. 11. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 1999/2000 BUDGET FOR THE CITY CLERK'S DEPARTMENT TO ADD TWO POSITIONS, CHANGE ONE TEMPORARY POSITION TO PERMANENT STATUS, AND APPROPRIATE FUNDS THEREFOR (4/5THS VOTE REQUIRED) Because of the City's rapid growth, the need to expediently process development-related documents, and changing technology, the City Clerk is requesting to add two full-time positions, one Deputy City Clerk and one Records Technician to process contracts and recorded documents and perform records management duties. Also requested is permanent status for a temporary position funded by Development Impact Fees. (City Clerk) ACTION: Mayor Horton offered Resolution No. 2000-129, Resolution of the City Council of the City of Chula Vista amending the Fiscal Year 1999/2000 budget for the City Clerk's Department to add two positions, change one temporary position to permanent status, and appropriate funds therefor, heading read, text waived. The motion carried 5-0. Page 7 - Council Minutes 04/18/2000 ACTION ITEMS (Continued) 12. CONSIDERATION OF ACCEPTANCE OF A REPORT ON PROS AND CONS OF PUBLIC OWNERSHIP OF TOLL ROAD SR 125 BY SMITH AND KEMPTON, GOVERNMENTAL RELATIONS CONSULTANT (Director of Public Works) Public Works Director Lippitt summarized the report for the Council and audience. Councilmember Salas indicated that if a joint powers authority (JP A) is formed, language should be incorporated to protect the City and the general fund from liability. She asked if legislation needed to be passed to form a JP A, how long it would take, and how and who would take control of deciding who is chosen as financial adviser and underwriter. She also stated that the philosophy of toll roads vs. public roads should be considered, as well a funding source for future infrastructure improvements. Councilmember Davis asked how to coordinate the formation of a JP A quickly so as not to slow down the project. Councilmember Padilla asked for a more comprehensive report from the consultant examining options and issues regarding financing, liability, formation of a JPA, and so forth, before deciding whether SR 125 should be a public toll road. ACTION: Councilmember Davis moved to direct staff to come back as soon as possible with a more comprehensive report on the issues and the possible formation of a joint powers authority. Deputy Mayor Moot seconded the motion, and it carried 5-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS City Manager Rowlands noted that the workshop scheduled for May 2nd with the Child Care Commission was cancelled. 14 MAYOR'S REPORTS There were none. IS. COUNCIL COMMENTS There were none. CLOSED SESSION Mayor Horton reported that Closed Session had been cancelled, and the following items were not discussed. Page 8 - Council Minutes 04/18/2000 CLOSED SESSION (Continued) 16. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One Case 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. Fritsch v. City ofChula Vista, USDC, 98-CV-0972-E (CGA) B. Brentwood Mobilehome Park v. City ofChula Vista, S265l7 ADJOURNMENT At 11:10 p.m., Mayor Horton adjourned the Council to the Regular Meeting of May 2,2000. Respectfully submitted, .:::- -tll~~ Susan Bigelow, CMC/AAE, City Clerk Page 9 - Council Minutes 04/18/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 2, 2000 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. (Deputy Mayor Moot arrived at 4:15 p.m., and Councilmember Padilla arrived at 4:21 p.m.) ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, LORRAINE BENNETT, ADMINISTRATIVE OFFICE SPECIALIST IN THE PURCHASING DIVISION OF FINANCE. Deputy City ManagerlFinance Director Powell introduced Ms. Bennett, the Finance Department's employee of the year. Mayor Horton presented the proclamation. . PRESENTATION OF A PROCLAMATION PROCLAIMING THE WEEK OF MAY 7 THROUGH MAY 12, 2000 AS YOUTH WEEK - ACCEPTED BY JOHN POXON, EXALTED RULER OF THE CHULA VISTA ELKS #2011, AND GARRY HUMMEL, YOUTH ACTIVITIES CHAIRMAN. Mayor Horton read the proclamation, and Councilmember Davis presented it to Messrs. Poxon and Hummel. . PRESENTATION OF A PROCLAMATION PROCLAIMING THE WEEK OF JUNE 4 THROUGH JUNE 10, 2000 AS MANAGEMENT WEEK - ACCEPTED BY JOHN HAUSNER OF BF GOODRICH. Mayor Horton read the proclamation, and Deputy Mayor Moot presented it to Mr. Hausner. . PRESENTATION OF A PROCLAMATION COMMENDING THE STARS OF LIFE - ACCEPTED BY MITCH MITCHELL, VICE PRESIDENT, PUBLIC POLICY DIVISION OF THE SAN DIEGO REGIONAL CHAMBER OF COMMERCE. Mayor Horton read the proclamation, and Deputy Mayor Moot presented it to Ms. Shelly Byer, representing the Regional Chamber of Commerce. Page I - Council Minutes 05/02/2000 CONSENT CALENDAR (Items 1 through 8) City Manager Rowlands reported that Consent Item #4 would be continued to the meeting of May 9, 2000. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on April 18, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed (5-0). 2 A. RESOLUTION NO. 2000-130, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2000-2001; THE ISSUANCE AND SALE OF A 2000-2001 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM B. RESOLUTION NO. 2000-131, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING THE CITY MANAGER TO INCLUDE IN THE FISCAL YEAR 2000-01 PROPOSED BUDGET APPROPRIATIONS OF $114,500 FOR TAX AND REVENUE ANTICIPATION NOTE PROJECTED INTEREST AND ISSUANCE COSTS AND ESTIMATED INTEREST REVENUES OF $114,500 FROM INVESTMENT OF THE NOTE PROCEEDS In order to address shortfalls that are projected to occur in the General Fund during Fiscal Year 2000-2001 due to the cyclical nature of some of our major revenue sources, it is recommended that the City again take advantage of the opportunity to borrow money on a short-term basis at the lowest cost by issuing a Tax and Revenue Anticipation Note (TRAN) through the pooled financing program sponsored by the League of California Cities. As has been done during the last three fiscal years, such a borrowing is recommended as an alternative to borrowing from other City funds. Staff recommendation: Council adopt the resolutions. (Deputy City Manager Powell) 3. RESOLUTION NO. 2000-132, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999-2000 BUDGET BY APPROPRIATING $262,072 IN THE FLEET MANAGEMENT FUND FOR FUEL PRICE AND FUEL USAGE INCREASES, FUEL-RELATED INFRASTRUCTURE REPAIRS, AND THE PURCHASE AND UPGRADE OF COMPUTERS REQUIRED FOR THE NEW FLEET MANAGEMENT SYSTEM BASED ON UNANTICIPATED REVENUE FROM VEHICLE RENTALS TO THE GENERAL FUND AND TRANSIT FUND; AND APPROPRIATING $90,879 TO VARIOUS DEPARTMENTS' EQUIPMENT MAINTENANCE ACCOUNTS TO FUND THESE INCREASES FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND (4/5THS VOTE REQUIRED) Page 2 - Council Minutes 05/0212000 CONSENT CALENDAR (Continued) An increase in the Central Garage budget is needed because fuel prices and fuel usage have increased substantially over the amounts that were budgeted. In addition, repairs to the fuel delivery infrastructure are required for regulatory compliance, and computers and software are needed for fuel and vehicle management. Staff recommendation: Council adopt the resolution. (Director of Public Works) 4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "A" MAP NO.2 FOR OTAY RANCH SPA ONE, VILLAGE ONE, CHULA VISTA TRACT NO. 96-04A, REJECTING ON BEHALF OF THE PUBLIC SANTA ANDREA STREET, PASEO RANCHERO AND OLYMPIC PARKWAY, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE LANDSCAPE BUFFER EASEMENTS, THE PUBLIC DRAINAGE AND ACCESS EASEMENTS, THE TRAIL EASEMENTS, THE SIDEWALK EASEMENTS, THE EMERGENCY ACCESS EASEMENTS AND THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST FOR OPEN SPACE LOTS "C", "D", "E", "F", "G", "N" AND "R" AND LOT "0" FOR PUBLIC PARK PURPOSES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 96-04A, PORTION OF VILLAGE ONE, OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 4, 1999, Council approved a Tentative Subdivision Map for Chula Vista Tract 96-04A, Otay Ranch SPA One, Village One, Phase 7. Condition No. 14 of the Resolution requires the developer to submit and obtain the approval of the City of a master final map ("A" Map) of the tentative map showing "super block" lots. The "A" map is also required to show the public street dedications and backbone utility easements required to serve the super block lots. All super block lots created are also required to have access to a dedicated public street. Staff recommendation: Continue to May 9, 2000. (Director of Public Works) 5 A. RESOLUTION NO. 2000-133, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS CENTER II, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE PUBLIC EASEMENTS AND ON "BEHALF OF THE PUBLIC THE STREET EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDNISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Minutes 05/0212000 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2000-134, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS CENTER II, REQUIRING THE EASTLAKE COMPANY TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19666 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On November 16, 1999, by Resolution 19666, Council approved the Tentative Subdivision Map for Chula Vista Tract No. 00-02, EastLake Business Center II. The Tentative Map was approved based on certain conditions established in the Resolution with which The EastLake Company (the developer) agreed to comply. The Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for the first phase of development of EastLake Business Center II are now before Council for consideration and approval. Staffrecommendation: Council adopt the resolutions. (Director of Public Works) 6. RESOLUTION NO. 2000-135, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXCLUSION OF ONE TELEPHONE UTILITY POLE LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF PALOMAR STREET AND INDUSTRIAL BOULEVARD FROM UTILITY UNDERGROUNDING DISTRICT NO. 127 On December 17, 1996, the City Council held a public hearing and adopted Resolution No. 18530 establishing Underground Utility District No. 127, along Palomar Street from 1-5 to Industrial Boulevard. The purpose of the district is to require the utility companies to underground all overhead lines including other associated facilities, and to remove all existing wooden utility poles within the established boundaries of the district. Pacific Bell has subsequently requested one pole to be excluded from this district. This pole is on the southeast comer of Palomar Street and Industrial Boulevard. Staff recommendation: Council adopt the resolution. (Director of Public Works) 7. RESOLUTION NO. 2000-136, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO UPGRADE ONE POSITION FOR THE PUBLIC WORKS DEPARTMENT/ ENGINEERING DIVISION PREVIOUSLY APPROVED BY COUNCIL At the March 7, 2000 Council meeting, Council adopted a resolution amending the current year's budget to add various positions to the Engineering Division of the Public Works Department. One of the positions that was added was an Administrative Office Specialist position for the new Project Management and Design Section. It is requested that the position be reclassified to a Senior Administrative Office Specialist. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 4 - Council Minutes 05/02/2000 CONSENT CALENDAR (Continued) 8 A. REPORT ON THE APPLICATION FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II) B. RESOLUTION 2000-137, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF A COMMUNITY FACILITIES DISTRICT FOR A PORTION OF THE SUNBOW DEVELOPMENT In compliance with Council Policy, ACI Sunbow, LLC has submitted an application for establishing Community Facilities District No. 2000-1 ("CFD 2000-1") to fund the construction of certain improvements serving some of the Sunbow II properties in the amount of approximately $19.5 million. Staff has reviewed the application and determined that the financial information provided is preliminary and general in nature, and that a complete analysis of the financial feasibility of the project can not be made at this time. Staff considers that adequate information and analysis will be generated during district formation for evaluating the developer's financial ability to bring the project to completion in compliance with the City's criteria. Therefore, staff is recommending that Council accept the report and initiate the formal proceedings for the proposed CFD. Council will also consider retaining a team of six consultants for CFD 2000-1. The companion Reimbursement Agreement requires the developer to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the formation of CFD 2000-1. Staff recommendation: Council accept the report and adopt the resolution. (Director of Public Works) ACTION: Mayor Horton moved to approve staff recommendations and continue Item #4, and offered the balance of the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Angelique Williams, 288 Broadway, Space #1, reported an ongoing noise problem caused by the adjacent carwash that affects seniors living in the complex. She stated that she had tried to talk with the business and property owner but had been threatened with a lawsuit. She asked the Council to assist in solving the problem. Mayor Horton responded that Staff would contact Ms. Williams to obtain additional information. Deputy Mayor Moot asked that Councilmembers be informed of any information or results obtained. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5:00 P.M. 9. PUBLIC HEARING TO REVIEW THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE HOME INVESTMENT PARTNERSHIP PROGRAM WHICH INCLUDES CONSIDERATION OF FUNDING REQUESTS FOR PUBLIC SERVICES, COMMUNITY PROJECTS, ECONOMIC DEVELOPMENT, CAPITAL IMPROVEMENT, AND ADMINISTRATION AND PLANNING Page 5 - Council Minutes 05/02/2000 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) Each year, the City undertakes a process to solicit and approve programs and projects eligible for federal funding. This item addresses the review of the annual Community Development Block Grant (CDBG) program and the HOME Investment Partnership (HOME) program. The public hearing provides an opportunity for the public and Council to make comments on how CDBG and HOME funds can be allocated to meet the City's housing and community needs. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Community Development Specialist Atwood presented the item to the Council and audience. Mayor Horton then opened the public hearing, and the following persons spoke on behalf of their social services programs and CDBG funding requests: Betty Timko, United Way of San Diego County Tina Williams, Chula Vista Youth Services Network Dr. Dennis Doyle and Dr. Patty Avila, Sharp Health Care Foundation Karen Amoroso, Meals on Wheels Greater San Diego Sue Hathaway, St. Charles Nutrition Bill Burfitt and Ann Perry, Lutheran Social Services - Shared Housing Armena Ishkanian, Adult Protective Services David Rudolph, Access Center of San Diego The Reverend Neil Longo, Lutheran Social Services - Project Hand Katheryn Lembo, Chula Vista Family Violence Coalition Ann McCarthy, Thursday's Meal Sylvia Evans-McKinney, Suits You San Diego Bill Burfitt and Ann Perry, Lutheran Social Services - Caring Neighbor Diane Edwards-Li Pera, Southwestern College Larry O'Donnell, Border Environmental Commerce Alliance Emerald Randolph, Boys & Girls Club of Chula Vista and Chula Vista Human Services Council Claire Pratt, 0 Stage Playhouse Manual Llera, The Salvation Army A representative from Chula Vista American Little League Heather Nemour and Kathy Shellhammer, Chula Vista Coordinating Council John Thelen, County of San Diego - Homeless Task Force Mary Scott Knoll, Fair Housing Council of San Diego There being no others wishing to speak, Mayor Horton closed the public hearing. Mayor Horton asked for a copy of the budget proposed to construct the outdoor speed soccer arena at the Boys & Girls Club facility at 1301 Oleander Avenue. Councilmember Salas reported that the CinemaStar Theater building at 320 3'd Avenue would be available in the near future and suggested perhaps a public/private partnership to develop an arts center that might include such uses as a playhouse, dance studio, and an expanded Heritage Museum. She stated that she would like to be involved in such a project. Page 6 - Council Minutes 05/02/2000 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) Deputy Mayor Moot asked Staff to investigate the possibility of the City absorbing the cost of the proposed Otay Recreation Center staff so that the CDBG funds could be allocated instead to needy social service programs. Councilmember Padilla supported Mr. Moot's comments and asked that Staff look at providing additional funds to assist providers of services for seniors. ACTION: Deputy Mayor Moot moved to accept the staff report and direct staff to return on or about May 16, 2000 with the final funding recommendations, including the funding of Otay Recreation Center staff from City funds and the redistribution of CDBG funds to other social service programs. Councilmember Padilla seconded the motion, and it carried 5-0. (Director of Community Development) 10. CONSIDERATION OF AN AMENDMENT TO CONDITIONS I AND 3 OF THE SALT CREEK RANCH TENTATIVE SUBDIVISION MAP, CHULA VISTA TRACT 92-02, AND SECTION 3.2 OF THE SALT CREEK RANCH PUBLIC FACILITIES FINANCING PLAN TO ALLOW AN INCREASE IN THE NUMBER OF DWELLING UNITS THAT MAY BE BUILT PRIOR TO SR-125 FREEWAY OPENING FOR PUBLIC ACCESS FROM OLYMPIC P ARKW A Y TO SR-54 The applicant, Pacific Bay Homes, submitted an application requesting an amendment to Conditions I and 3 within Section 7 of the Tentative Subdivision Map (Resolution Number 16834) of the Salt Creek Ranch Tentative Subdivision Map, Chula Vista Tract 92-02 (also known as "Rolling Hills Ranch"), and Section 3.2 of the Salt Creek Ranch Public Facilities Financing Plan to allow the applicant to proceed with development of a portion of Phase II prior to SR-125 freeway opening for public access. The Rolling Hills Ranch subdivision is located east of the future SR-125 and north of the existing Eastlake Business Center. This item was taken out of order and was considered immediately following Item #14. Notice was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Director of Planning and Building Leiter explained the applicant's request to amend the Tentative Subdivision Map and the Public Facilities Financing Plan to allow an increase in the number of dwelling units that may be built prior to the opening of SR-125 between Olympic Parkway and SR-54. Senior Civil Engineer AI-Agha presented the results of the traffic studies relative to the request. Mayor Horton opened the public hearing. Dave Gatzke, representing Pacific Bay Homes, the project applicant, spoke in support of the application and asked the Council to favorably consider the request. There being no further public comments, Mayor Horton closed the public hearing. Page 7 - Council Minutes 05/02/2000 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) ACTION: Following Council comments expressing concern about compounding the already existing traffic problems, Mayor Horton moved to continue the item pending receipt of further information from Staff to include a status report on adjustments in the number of dwelling units (increases and reductions) approved for other major projects during the past ten years, the impact of those adjustments on established thresholds, and whether or not other developers were likely to request further increases in units prior to the opening of SR-125. Councilmember Davis seconded the motion, and it carried 5-0. 11. CONSIDERATION OF CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT 97-01 FOR IMPROVEMENTS TO OXFORD STREET FROM FOURTH AVENUE TO FIFTH AVENUE IN THE CITY OF CHULA VISTA On October 28, 1997, pursuant to the Improvement Act of 1911, also known as the 1911 Block Act, Council awarded a contract in the amount of $328,708 to MJC Construction for Oxford Street improvements from Fourth Avenue to Fifth Avenue. The work has been completed and improvements have been accepted by the City Manager. On March 21, 2000, Resolution 2000-091 was adopted accepting the filing of the Engineer's report on the cost of construction and setting the public hearing on the assessments, and Resolution 2000-092 approved the deferral ofliens and set deferral criteria. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Public Works Director Lippitt presented the request to the Council. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response. She noted that Maria Amjadi, 1208 4th Avenue, had submitted a request to speak but was no longer present at the meeting. Mayor Horton then closed the hearing. ACTION: Deputy Mayor Moot offered the following resolutions, headings read, texts waived: A. RESOLUTION NO. 2000-138, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SPREAD OF ASSESSMENTS FOR ASSESSMENT DISTRICT 97-01 B. RESOLUTION NO. 2000-139, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NOTICE OF LIEN TO LEVY AND COLLECT ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 97-01 The motion carried 5-0. Page 8 - Council Minutes 05/02/2000 ACTION ITEMS 12 . CONSIDERATION OF APPROVAL OF AGREEMENTS FOR ENVIRONMENTAL AND ENGINEERING SERVICES AND FOR LEGAL CONSULTING SERVICES FOR THE SALT CREEK GRAVITY SEWER INTERCEPTOR, AND THE WOLF CANYON TRUNK SEWER The consultant, Dudek & Associates, is in the process of finalizing the preliminary design report for the Salt Creek Gravity Sewer Interceptor. The preliminary design report identified an alignment for the trunk sewer that will ultimately form the basis of the final design. The report also examined and identified all the environmental constraints that would be attributable to the alignment and the necessary permits that would be required for the approval of the project. Due to the current pace of development in the eastern territories of the City, and the need to expedite the completion of the final design plans, preparing the necessary environmental documents and processing the required permits under a very challenging time constraint has made it necessary to expand the scope of work of the consultant to meet the project objectives and deadlines. Deputy Mayor Moot noted that an associate in his law firm may have worked with the consultant and he would, therefore, abstain from discussing or voting on this matter. ACTION; Councilmember Padilla offered the following resolutions, headings read, texts waived: A. RESOLUTION NO. 2000-140, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC., FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK SEWER B. RESOLUTION NO. 2000-141, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH REMY, THOMAS AND MOOSE, LLP FOR THE PROVISION OF LEGAL CONSULTING SERVICES REQUIRED FOR THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK SEWER The motion carried 4-0-1, with Deputy Mayor Moot abstaining. 13. REPORT CONSIDERING AN ALL-WAY STOP AT THE INTERSECTION OF EAST J STREET AND LASENDA WAY Based on the provisions of the Safety Commission Policy, adopted by resolution of the City Council on March 14, 1995, whenever the Safety Commission and the City Engineer concur on the implementation of a traffic safety improvement, the resolution of the issue is considered final unless appealed by a member of the Council within 10 days of the decision of the Safety Commission. This report was generated as the result of a motion by Mayor Horton for a report to Council after a request to appeal was made by David Page 9 - Council Minutes 05/02/2000 ACTION ITEMS (Continued) Krogh, a member of the public, under oral communications at the Council meeting of December 7, 1999. The direction of the Council was for staff to return to the Safety Commission with a report which included the analysis provided by Mr. Krogh, and for staff and the Commission to reconsider this item. The first Safety Commission decision, to recommend the installation of an all-way stop, was reached at its meeting on November 11, 1999. On March 9,2000, staff presented a new report and all-way stop evaluation to the Safety Commission which included Mr. Krogh's analysis, and the Commission again voted to accept staffs report and recommendation to install the all- way stop. ACTION: Following Council comments regarding the seeming proliferation of stop signs and the need to review policy issues for installing and removing stop signs, it was the consensus of the Council to direct the City Manager to schedule a workshop to review the Council's stop sign policy and the points system used to approve the installation of stop signs. Staff was asked to review recent stop signs installed along East J Street and the Rancho Del Rey circle area to see if the new signs were really needed. 14. CONSIDERATION OF ACCEPTANCE OF A REPORT ON ADDITIONAL INFORMATION REGARDING OPTIONS FOR SR-125 IMPLEMENTATION This item was considered out of order, immediately following Oral Communications. Will Kempton, the City's Transportation Consultant, explained that Staffis seeking authorization to proceed with an exploratory effort to see what options are available to the City and to review financing options for the SR-125 extension. Deputy Mayor Moot asked that the report address the possible need to construct an interim SR- 125 facility. ACTION: Mayor Horton moved to direct Staff to proceed with an exploratory review of options available to the City with regard to the toll road and its financing and to return to the Council with the report in the near future. Councilmember Davis seconded the motion, and it carried 5-0. OTHER BUSINESS 15. CITY MANAGER'S REPORTS There were none. 16. MAYOR'S REPORTS A. Proposed City Council Committee Assignments Mayor Horton reviewed the committee assignments with Councilmembers and made adjustments as necessary. 17. COUNCIL COMMENTS A. Councilmember Salas: Ratification of appointment to the Mobilehome Rent Review Commission - David Smith Page 10 - Council Minutes 05/02/2000 COUNCIL COMMENTS (Continued) ACTION: Councilmember Salas moved to ratify the appointment of David Smith to the Mobilehome Rent Review Commission. Councilmember Padilla seconded the motion, and it carried 5-0. At 7:50 p.m., Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 18. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One Case - Claim no. 99-00-009 This item was not discussed. 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One Case This item was not discussed. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) . Brentwood Mobilehome Park v. City of Chula Vista, S26517 This item was not discussed. 21. CONFERENCE WITH REAL PROPERTY NEGOTIOATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Lease of Property - Fourth Avenue & Beyer Way Negotiating Parties: U.S. Customs Services & the City ofChula Vista (Sid Morris) Under Negotiations: Price & terms of lease Instructions were given to the Negotiator. 22. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 City Negotiator: City Manager Employee organizations: Chula Vista Police Officers Association This item was not discussed. ADJOURNMENT At 8:30 p.m., Mayor Horton adjourned the meeting to May 9, 2000, at 6:00 p.m. Respectfully submitted, :t. J .td....t- ~g-~ Susan Bigelow, CMC/AAE, City Clerk - Page II - Council Minutes 05/02/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAY 9, 2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: MOBILEHOME RENT REVIEW COMMISSION - DAVID SMITH City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented a certificate of appointment to Mr. Smith. . PRESENTATION OF A PROCLAMATION COMMENDING KAY DENNISON AS WOMAN OF THE YEAR BY THE 79TH ASSEMBLY DISTRICT Mayor Horton read the proclamation and thanked Ms. Dennison for her many efforts in assisting the seniors of the community. Councilmember Davis presented the proclamation to Ms. Dennison. . PRESENTATION OF CERTIFICATES TO HILLTOP HIGH SCHOOL STUDENTS, MAYO IBARRA, ANTON SERIKOV, AYA IBARRA, TRISTAN HUDSON, AND TO MENTOR, MITSUYO FUKUDA, FOR WINNING THE NATIONAL JAPAN BOWL 2000 IN WASHINGTON, D.C. Fran Larson, Chair of the International Friendship Commission, introduced the students, their coach and teacher at Hilltop and Bonita Vista High Schools, Ms. Fukuda, and Hilltop High School Principal Jerry Rindone. Deputy Mayor presented the certificates to the students, and Mr. Rindone thanked the Mayor and Council for recognizing the students. . PRESENTATION OF AN AWARD TO THE CITY OF CHULA VISTA BY MARY SCOTT KNOLL, EXECUTIVE DIRECTOR OF THE FAIR HOUSING COUNCIL OF SAN DIEGO (FHCSD), IN RECOGNITION OF THE CITY'S SUPPORT OF FAIR HOUSING AND BLOCK GRANT FUNDING OF FHCSD PROGRAMS Ms. Knoll presented the plaque to Mayor Horton and commended Community Development Department staff for their support and assistance with fair housing in the City. Page I - Council Minutes 05/09/2000 SPECIAL ORDERS OF THE DAY (Continued) . VOCAL PERFORMANCE BY KUNDIRANA, COURTESY OF THE PHILIPPINE- AMERICAN CULTURAL SOCIETY OF SAN DIEGO The Kundirana youth group performed a musical medley for the audience. CONSENT CALENDAR (Items 1 through 8) Mayor Horton noted that staff had requested that Consent Calendar Item #7 be removed from the agenda and that Item #8 be continued to May 16,2000. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on May 2, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter of resignation from Linda Baughman, member of the Economic Development Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to Maddy Act requirements. C. Letter of resignation from Cindy Lee Johns, member of the Child Care Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to Maddy Act requirements. D. Letter of resignation from Martin Calvo, member of the Economic Development Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to Maddy Act requirements. E. Letter of resignation from Robert Clement, member of the Cultural Arts Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to Maddy Act requirements. 2. RESOLUTION NO. 2000-144, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT OF $6,675 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CULTURAL ARTS PROGRAM (4/5THS VOTE REQUIRED) Page 2 - Council Minutes 05/09/2000 CONSENT CALENDAR (Continued) The Library and Recreation Department received donations from various organizations and individuals to support the programs of the department. The proposed resolution will accept the donations, appropriate and budget the funds for the cultural arts programs intended to receive the funds. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2000-145, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "MTDB RIGHT-OF-WAY BEAUTIFICATION, PHASE I, IN THE CITY OF CHULA VISTA, CALIFORNIA (LD-I06)" PROJECT On February 23, 2000, the Director of Public Works received sealed bids for the "MTDB Right-of-Way Beautification, Phase I, in the City ofChula Vista, California" project. The work consists of planting and irrigation within segments of the four-mile MTDB right-of- way corridor. The work also includes all labor, material, equipment, transportation and traffic control necessary for the project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2000-146, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "TELEGRAPH CANYON ROAD MEDIAN IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA (LD- 103)" PROJECT On March IS, 2000, the Director of Public Works received sealed bids for the "Telegraph Canyon Road Median Improvements in the City of Chula Vista, California" project. The work consists of landscaping and irrigation within the existing median island on Telegraph Canyon Road from I-80S to Paseo del Rey. The work also includes all labor, material, equipment, transportation and traffic control necessary for the project. (Director of Public Works) Staff recommendation: Council adopt the resolution rejecting the bids due to bid deficiencies and direct the Director of Public Works to re-advertise the project. 5. RESOLUTION NO. 2000-147, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF FUNDS FROM PERSONNEL SERVICES AND SUPPLIES AND SERVICES ACCOUNTS TO CAPITAL EQUIPMENT ACCOUNTS FOR THE PURCHASE OF EQUIPMENT IN PUBLIC WORKS DEPARTMENT'S OPERATING BUDGET AND THE SEWER SERVICE REVENUE FUND OPERATING BUDGET The City's budget transfer policy calls for Council's approval to transfer more than $15,000 between budget sununary accounts, such as between Personnel Services and Capital Equipment. The Public Works Department has a number of small equipment items that have been approved by the City Manager for purchase this fiscal year. However, the dollar amounts of these items exceed the $15,000 limit. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 05/09/2000 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2000-148, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A TWENTY-FOOT-WIDE EASEMENT TO SWEETWATER AUTHORITY, A JOINT POWER AGENCY, FOR INSTALLING, OPERATING, MAINTAINING, REPLACING AND REPAIRING WATER MAINS AND SERVICE PIPES ALONG CITY-OWNED PROPERTY LOCATED ON LOT 'A' OF CARV ALOS ACRES UNIT NO.2, ACCORDING TO MAP NO. 3949 AND WITHIN A PORTION OF QUARTER-SECTION 112 OF RANCHO DE LA NACION, ACCORDING TO MAP NO. 166 Sweetwater Authority proposes to construct water main facilities and appurtenances on City property under an emergency access easement and has requested a 20-foot easement for installing, operating, maintaining, replacing and repairing water mains and service pipes, together with the right of ingress thereto and egress therefrom, over said easement. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "A" MAP NO.2 FOR OTAY RANCH SPA ONE, VILLAGE ONE, CHULA VISTA TRACT NO. 96-04A, REJECTING ON BEHALF OF THE PUBLIC, SANTA ANDREA STREET, PASEO RANCHERO AND OLYMPIC PARKWAY, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE LANDSCAPE BUFFER EASEMENTS, PUBLIC DRAINAGE AND ACCESS EASEMENTS, TRAIL EASEMENTS, SIDEWALK EASEMENTS, EMERGENCY ACCESS EASEMENTS AND THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST FOR LOTS "C", "D", "E", "F", "G", "N" AND "R" FOR OPEN SPACE, AND LOT "0" FOR PUBLIC PARK PURPOSES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING "A" MAP SUPPLEMENTAL SUBDNISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 96-04A, PORTION OF VILLAGE ONE, OT A Y RANCH SPA ONE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (CONTINUED FROM THE MEETING OF MAY 2,2000) On May 4, 1999, Council approved a Tentative Subdivision Map for Chula Vista Tract 96-04A, Otay Ranch SPA One, Village One, Phase 7. Condition No. 14 of the Resolution requires the developer to submit and obtain the approval of the City of a master Final Map ("A" Map) of the Tentative Map showing "super block" lots. The "A" map is also required to show the public street dedications and backbone utility easements required to serve the super block lots. All super block lots created are also required to have access to a dedicated public street. (Director of Public Works) Staff recommendation: The item be removed from the agenda. Page 4 - Council Minutes 05/09/2000 CONSENT CALENDAR (Continued) 8 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT WITH ACI SUNBOW, LLC, ASSOCIATED WITH THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL, APPROVING AGREEMENTS WITH BRUCE W. HULL & ASSOCIATES TO PROVIDE APPRAISAL SERVICES AND THE MEYERS GROUP TO PREPARE A MARKET ABSORPTION STUDY ASSOCIATED WITH COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENTS In compliance with Council policy, ACI Sunbow, LLC submitted an application for establishing Community Facilities District No. 2000-1 (CFD 2000-1) to fund the construction of certain improvements serving some of the Sunbow II properties in the amount of approximately $19.5 million. Council approved the report regarding the application and initiated the proceedings on May 2, 2000. Adoption of the resolutions will approve a Reimbursement Agreement with the developer and two agreements to retain a portion of the financing team for CFD 2000-1. The companion Reimbursement Agreement requires the developer to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the formation of CFD 2000-1. (Director of Public Works) Staff recommendation: The item be continued to the meeting of May 16, 2000. ACTION: Mayor Horton noted that Item #7 would be removed from the agenda and Item #8 would be continued to May 16, 2000, moved to approve staff recommendations, and offered the balance of the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Bill Ayers, 44 E. Mankato Street, President of the Veterans Home Foundation, asked the Council to allocate $1,000 in CDBG funding to the foundation and invited the public to attend the ribbon- cutting ceremony for the new Veterans Home on Saturday, May 13th, at 2:00 p.m. Mayor Horton referred the funding request to the Community Development Director. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. CONSIDERATION OF GRANTING A TWENTY PERCENT DENSITY BONUS AND OTHER ADDITIONAL INCENTIVES TO FACILITATE THE CONSTRUCTION OF TEN ADDITIONAL UNITS AT KlNGSWOOD MANOR Page 5 - Council Minutes 05/0912000 PUBLIC HEARINGS (Continued) The applicant, Hamilton Plaza Limited, requested a twenty-five percent (25%) density bonus and modifications of certain development standards pursuant to California Government Code Section 65915 and the City of Chula Vista Housing Element. Specifically, the applicant requested a reduction of the parking required under the Precise Plan 76-14 for the property to be consistent with the City of Chu1a Vista's Municipal Code and permission to design 16 percent of the parking spaces as compact spaces. The request, if approved, would facilitate the construction of ten affordable units in an existing 40-unit, multi-family residential development. The proposed project is a 3.32- acre site located at 54-94 Kingswood Drive. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Housing Coordinator Arroyo presented corrected Resolution text for Council consideration. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. George Reh, representing IPMG, Inc., Kingswood Manor and Hamilton Plaza Limited, thanked staff from the Community Development and Police Departments for their excellent work on the proposed proj ect. Councihnember Salas questioned the industry standard relative to the number of parking spaces for this type of project. Danny Dabby, representing IPMG, Inc., Kingswood Manor and Hamilton Plaza Limited, responded that because the proposal is for mostly three-bedroom units, fewer parking spaces were required. ACTION: Mayor Horton offered Resolution No. 2000-149, Resolution of the City Council of the City of Chula Vista granting a twenty-five percent (25%) density bonus, reducing the parking required under Precise Plan 76-14 to be consistent with the City's Municipal Code, and allowing sixteen percent of the required parking as compact parking spaces to facilitate the construction of a maximum of ten (10) affordable dwelling units for an existing 40-unit, multi-family residential development, known as Kingswood Manor, located at 54-94 Kingswood Drive, and authorizing the execution and delivery of the Housing Cooperation Agreement by and between the City of Chula Vista and Hamilton Plaza Limited, as amended to change the density bonus from 20% to 25% and the applicant from IPMG, Inc. to Hamilton Plaza Limited, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Rowlands stated that the Council would meet for a joint workshop with the Port District Board on Tuesday, May 16th, 1:00 to 3:00 p.m., at the Port District offices. 11. MAYOR'S REPORTS Mayor Horton invited Councilmembers and the public to attend a mock City Council meeting on Wednesday, May 17th, at 1:00 p.m. in the Council Chambers. Former Councilmember Len Moore organized the meeting for area high school students. Page 6 - Council Minutes 05/09/2000 OTHER BUSINESS (Continued) 12. COUNCIL COMMENTS Councilmember Davis congratulated the Downtown Business Association and the Community Development Department for a successful Cinco de Mayo celebration held in the downtown area th on May 7 . Deputy Mayor Moot reported that job order contracting, a process which can result in significant savings for agencies, had been upheld in the courts recently. He questioned the intent of a letter received from the National Electrical Contractors Association objecting to the process. Councilmember Padilla also commended the Downtown Business Association and Community Development Department for the success of the Cinco de Mayo event. Councilmember Salas stated that an agreement before the Council and Planning Commission ten years ago required that streets in a particular subdivision be named in recognition of deceased veterans. The development is now being constructed, and the street names are being changed. She asked Staff to contact the developer regarding the matter, since the City had made a commitment to recognize the veterans. Mayor Horton also asked Staff to search for better documentation on the individuals selected to have streets named in their honor. CLOSED SESSION Mayor Horton reported that Closed Session had been cancelled, and the following items were not discussed. 13. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One Case - Claim no. 99-00-009 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One Case 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) . Brentwood Mobilehome Park v. City of Chula Vista, S26517 ADJOURNMENT At 7:04 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting to be held on May 16, 2000, at 1 :00 p.m. at the Port District offices and thence to the Regular Meeting of May 16, 2000. Respectfully submitted, --:- ~d...L~'8"~ Susan Bigelow, CMCI AAE, City Clerk Page 7 - Council Minutes 05/09/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAY 16,2000 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 the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilla, Salas and Mayor Horton. ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION PROCLAIMING THE WEEK OF MAY 14 THROUGH MAY 20, 2000 AS PEACE OFFICERS MEMORIAL DAY Mayor Horton read the proclamation, and Deputy Mayor Moot presented it to Assistant Chief of Police Zoll. . PRESENTATION OF A PROCLAMATION PROCLAIMING THE WEEK OF MAY 21 THROUGH MAY 27, 2000 AS PUBLIC WORKS WEEK Mayor Horton read the proclamation, and Deputy Mayor Moot presented it to Public Works Director Lippitt. . PRESENTATION ON STATE AND LOCAL FISCAL REFORM BY KEN FABRICATORE, SENIOR ECONOMIST, SANDAG Mr. Fabricatore updated the Council on proposed state-level reforms under consideration and on SANDAG's proposal for state and local fiscal reform. Mayor Horton directed staff to prepare a report on SANDAG's recommendations for consideration at a future meeting. CONSENT CALENDAR (Items 1 through 8) Mayor Horton asked that Consent Calendar Item #8 be removed for separate consideration. Page I - Council Minutes 05/16/2000 CONSENT CALENDAR (Continued) 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on May 9, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 2. RESOLUTION NO. 2000-150, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH BERRYMAN & HENIGAR FOR APPORTIONMENT SERVICES FOR FISCAL YEARS 2000-2001 THROUGH 2002-2003 FOR CITY ASSESSMENT DISTRICTS, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND AUTHORIZING AN EXPENDITURE OF A MAXIMUM OF $150,000 FOR THIS PURPOSE The purpose of the proposed agreement is to retain the services of Berryman & Henigar to perform the respreading of assessments on existing City assessment districts and prepare the annual collection report to be submitted to the County for inclusion in the property tax bill. The agreement is for a term of three years. The current agreement with Berryman & Henigar for performing these servcies, which was for a term of five years, expires this year. This action will ensure that the City's fiduciary responsibility to the bond holders is fulfilled by providing required apportionment and collection services as delineated in the Streets and Highways Code. (Director of Public Works) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2000-151, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE "INSTALLATION OF INTERNALLY ILLUMINATED STREET NAME SIGNS AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA" PROJECT (CIP TF-279) On April 19, 2000, the Director of Public Works received sealed bids from two electrical contractors for the installation of internally illuminated street name signs at various locations (CIP TF-279). After reviewing the bids, staff is recommending that, in the best interests of the City, they be rejected and that bids be re-advertised on May 20, 2000. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2000-152, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TRANSFER OF FUNDS FROM LIBRARY AND RECREATION SUPPLIES AND SERVICES ACCOUNTS TO THE CAPITAL EQUIPMENT ACCOUNT FOR THE PURCHASE OF EQUIPMENT IN THE PARKS AND RECREATION OPERATING BUDGET (4/5THS VOTE REQUIRED) Page 2 - Council Minutes 05/16/2000 CONSENT CALENDAR (Continued) The City's budget transfer policy calls for Council's approval to transfer more than $15,000 between budget sununary accounts, such as between Supplies and Services and Capital Equipment. The Parks and Recreation Department has two equipment items that have been approved by the City Manager for purchase this fiscal year; however, the dollar amount for these items exceeds the $15,000 limit. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-153, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999-2000 BUDGET FOR THE LIBRARY AND RECREATION DEPARTMENT BY APPROPRIATING $10,000 IN UNANTICIPATED REVENUE AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND THE YMCA FOR THE CITY TO RETAIN SPECIALIZED INDEPENDENT CONTRACTORS TO PROVIDE EXTENDED AFTER-SCHOOL PROGRAMS (4/5THS VOTE REQUIRED) The YMCA Youth and Family Services has awarded the City, through its Library and Recreation Department, a $10,000 contract for the provision of enhanced after-school programming at Castle Park and Hilltop Middle Schools. The funding is part of a grant applied for and received by the Chula Vista Youth Coalition from the County of San Diego Critical Hours funding. The YMCA is the designated fiscal agent for the grant and, as such, is subcontracting various services to be provided by several Youth Coalition members. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 6 A. RESOLUTION NO. 2000-154, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A LEASE BETWEEN THE CITY OF CHULA VISTA AND THE BOYS & GIRLS CLUB OF CHULA VISTA FOR USE OF LAUDERBACH COMMUNITY CENTER B. RESOLUTION NO. 2000-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR USE OF THE COMMUNITY YOUTH CENTER The City and the Boys and Girls Club of Chula Vista have negotiated an agreement to lease the Lauderbach Community Center to the Club for a period of eighteen years, with provision for two five-year renewals. As a result, the Recreation Division will move its programs to the Community Youth Center on L Street and enter into a new Memorandum of Understanding with Sweetwater Union High School District for continued joint use of the facility. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes 05/16/2000 CONSENT CALENDAR (Continued) 7 A. RESOLUTION NO. 2000-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH ACI SUNBOW, LLC, ASSOCIATED WITH THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2000-157, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL, APPROVING THE AGREEMENTS WITH BRUCE W. HULL & ASSOCIATES TO PROVIDE APPRAISAL SERVICES AND THE MEYERS GROUP TO PREPARE A MARKET ABSORPTION STUDY ASSOCIATED WITH COMMUNITY FACILITIES DISTRICT NO. 2000-1 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENTS (CONTINUED FROM THE MEETING OF MAY 9, 2000) In compliance with Council policy, ACI Sunbow, LLC submitted an application for establishing Community Facilities District No. 2000-1 (CFD 2000-1) to fund the construction of certain improvements serving some of the Sunbow II properties in the amount of approximately $19.5 million. Council approved the report regarding the application and initiated the proceedings on May 2, 2000. Adoption of the resolutions will approve a reimbursement agreement with the developer and two agreements to retain a portion of the financing team for CFD 2000-1. The companion reimbursement agreement requires the developer to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the formation of CFD 2000-1. (Director of Public Works) Staffrecommendation: Council adopt the resolutions. ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1 through #7, headings read, texts waived. The motion carried 5- o. 8. RESOLUTION NO. 2000-158, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL, APPROVING THE AGREEMENT WITH MCGILL MARTIN SELF, INC. AS PROJECT MANAGER AND SPECIAL TAX CONSULTANT, AMENDING AGREEMENT WITH BROWN, DIVEN, HESSELL & BREWER, LLP AS BOND COUNSEL, AMENDING AGREEMENT WITH FIELDMAN, ROLAPP & ASSOCIATES AS FINANCIAL ADVISOR, AND AMENDING AGREEMENT WITH STONE & YOUNGBERG, LLC AS UNDERWRITER ASSOCIATED WITH COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND AMENDMENTS Page 4 - Council Minutes 05/16/2000 CONSENT CALENDAR (Continued) In compliance with Council policy, ACI Sunbow, LLC submitted an application for establishing Community Facilities District No. 2000-1 (CFD 2000-1) to fund the construction of certain improvements serving some of the Sunbow II properties in the amount of approximately $19.5 million. Council approved the report regarding the application and initiated the proceedings on May 2, 2000. In a related action requested at this meeting, Council was asked to approve a reimbursement agreement with the developer and agreements with an appraiser and market absorption consultant. Adoption of this resolution approves the rest of the financing team for CFD 2000-1. The reimbursement agreement requires the developer to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the formation of CFD 2000-1. Given the large sum of money involved, Mayor Horton expressed concern about approving contracts without going through the competitive bidding process. Public Works Director Lippitt responded that a formal selection process was followed for a similar, prior project, and it is important in the bonding process to demonstrate successful prior experience. City Engineer Swanson also mentioned that there was a great amount of work performed for the Olympic Parkway project, and the fee amounted to less than 5% ofthe project costs. ACTION: Mayor Horton offered Resolution No. 2000-158, heading read, text waived. The motion carried (5-0). ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. CONSIDERATION OF CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT 96-01 FOR IMPROVEMENTS TO TWIN OAKS AVENUE FROM NAPLES STREET TO EMERSON STREET IN THE CITY OF CHULA VISTA On January 20, 1998, pursuant to the Improvement Act of 1911, also known as the 1911 Block Act, Council awarded a contract in the amount of $179,755 to ABC Construction Company for Twin Oaks Avenue improvements from Naples Street to Emerson Street. The work has been completed, and improvements have been accepted by the City Manager. On April 18, 2000, Resolution 2000-117 was adopted, accepting the filing of the Engineer's Report on the cost of construction, appropriating $24,851 from Transportation Partnership Funds and setting the public hearing on the assessments. Resolution 2000-118 was also adopted, approving the deferral of liens and establishing deferral criteria. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Staff commented that all assessments were equal to or less than those that were included in ballots mailed to property owners at the beginning of the process. Mayor Horton opened the public hearing. There were no comments offered, and the hearing was subsequently closed. Page 5 - Council Minutes 05/16/2000 PUBLIC HEARINGS (Continued) ACTION: Councilmember Padilla offered the following resolutions, headings read, texts waived: A. RESOLUTION NO. 2000-159, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SPREAD OF ASSESSMENTS FOR ASSESSMENT DISTRICT 96-01 B. RESOLUTION NO. 2000-160, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NOTICE OF LIEN TO LEVY AND COLLECT ASSESSMENTS FOR ASSESSMENT DISTRICT 96-01 The motion carried 5-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Rowlands stated that Council would meet with the City Manager, City Attorney and City Clerk for their annual reviews on May 30th, at 6:00 p.m., in the Council Conference Room. II. MAYOR'S REPORTS Mayor Horton commended Bill Ayres, President of the Veterans Home Foundation on a successful ribbon-cutting ceremony for the opening of the new Veterans home on May 13th. 12. COUNCIL COMMENTS Councilmember Davis stated that Southwestern College was not receiving its fair share of funding as compared with 70 out of 71 campuses in California. She suggested that a letters be sent to Governor Davis and Senators Ducheny and Peace requesting equal funding. Deputy Mayor Moot complimented Councilmembers on their comments at the Port District Commission meeting regarding the Bayfront development. Councilmember Salas stated that the Port District Commission meeting had provided a good opportunity for Council to give comments. CLOSED SESSION Mayor Horton noted that Closed Session had been cancelled, and the following items were not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One Case - Claim no. 99-00-009 Page 6 - Council Minutes 05/16/2000 CLOSED SESSION (Continued) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One Case 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Brentwood Mobilehome Park v. City of Chula Vista, S26517 ADJOURNMENT At 6:52 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of May 23, 2000. Respectfully submitted, ~Lu..~~ J 0. . Susan Bigelow, CMC/AAE, City Clerk Page 7 - Council Minutes 05/16/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAY 23, 2000 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: ROLL CALL PRESENT: Councihnembers Davis, Moot, Padilla, Salas, and Mayor Horton (Deputy Mayor Moot arrived at 6:05 p.m.) ABSENT: Councihnembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, Deputy City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION PROCLAIMING THE WEEK OF JUNE 19 THROUGH JUNE 23, 2000 AS AFFORDABLE HOUSING WEEK Mayor Horton read the proclamation and Councilmember Padilla presented it to Mr. Chris Moxon of South Bay Community Services. Mr. Moxon introduced the Viegas family, one of several families who have benefited from the affordable housing program. CONSENT CALENDAR (Items I through 10) Deputy Mayor Moot asked that Consent Calendar Item #10 be removed for separate consideration. 1. APPROVAL OF MINUTES for Council meetings September 21, 1999 through November 16,1999. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney reporting that the City Council did not meet in Closed Session on May 16, 2000. Staff recommendation: The letter be received and filed. 3. RESOLUTION NO. 2000-161, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE SELECTION OF THE PERFORMING AND VISUAL ARTS FUND RECIPIENTS AND THEIR MONETARY GRANT AWARDS TOTALING $47,567 AND $200 IN RELATED ADMINISTRATIVE COSTS, FOR A TOTAL OF $47,767 CONSENT CALENDAR (Continued) On December 14, 1999, Council approved the Performing and Visual Arts Fund Grant application and a disbursement process for granting these funds, and appropriated $64,422 from the Amphitheater Performing Arts account to the Library and Recreation Department budget for re-granting purposes. The Office of Cultural Arts, a division of the Library, has administered the application process, which has now been completed. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2000-162, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MOVING THE CLASSIFICATIONS OF ASSISTANT SURVEYOR I AND ASSISTANT SURVEYOR II FROM CVEA TO WCE; AND ADJUSTING THE SALARY RANGES OF BOTH CLASSIFICATIONS The changes recommended for these two classifications are requested to enable recruitment of qualified candidates to fill a vacant position and to create equity within the Engineering classification series. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-163, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2000/2001 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 14, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 20, 2000 AT 6:00 P.M. AND JULY 25,2000, AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS Based upon the advice of the City Attorney, agenda items 5 and 6 were separated from agenda item 7 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this district. An explanation of the proposed action is provided under Item #7. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2000-164, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2000-2001 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 10, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 20, 2000, AT 6:00 P.M. AND JULY 25, 2000, AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS Based upon the advice of the City Attorney, agenda items 5 and 6 were separated from agenda item 7 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this district. An explanation of the proposed action is provided under Item #7. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes OS/23/2000 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2000-165, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 2000-2001 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD AND TOWN CENTRE, AND EASTLAKE MAINTENANCE DISTRICT NO.1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING JUNE 20, 2000 AT 6:00 P.M. AND JULY 25, 2000 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS The City administers 25 open space districts established over the last twenty-five years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting a particular development. As part of the process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. Adoption of the resolution will begin the process for Fiscal Year 2000/2001. The City Engineer has prepared and filed reports on assessments for all existing open space districts. Adoption of the resolution will approve the reports and set the dates for public hearings to consider the levy of assessments and collection of funds. (Director of Public Works) Staff recommendation: Council adopt the resolution. 8 A. RESOLUTION NO. 2000-166, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 00-01, EASTLAKE TRAILS SOUTH TS-7, ACCEPTING ON BEHALF OF THE PUBLIC VARIOUS EASEMENTS DEDICATED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) Staff recommendation: Council adopt the resolution. B. RESOLUTION NO. 2000-167, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 00-01, EASTLAKE TRAILS SOUTH TS-7, REQUIRING SHEA HOMES TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION 19704 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 4, 1999, by Resolution 19447, Council approved the Tentative Subdivision Map for Chula Vista Tract No. 99-03, EastLake Trails South, which included the subject property as a sheet-graded pad labeled as Lot 536, TS-7. On December 7, 1999, by Resolution 19704, Council approved the Tentative Subdivision Map for Chula Vista Tract No. 00-01, EastLake Trails South TS-7, labeling the site as a condominium site. Said Tentative Map was approved based on certain conditions with which Shea Homes, the developer, agreed to comply and which were established by said resolution. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Page 3 - Council Minutes OS/23/2000 CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2000-168, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF THE DESILTATION AND MAINTENANCE AGREEMENT BETWEEN THE CITY, OTAY PROJECT, LP AND LB/L-RWR OTAY 62 & 91 LLC TO PROVIDE FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS IN THE TELEGRAPH CANYON CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Tentative Map conditions for the proposed development of Village One West (Otay Ranch SPA One) require compliance with certain requirements regarding maintenance of the Telegraph Canyon drainage channel improvements. In addition, Council Policy No. 522-02 requires the developer to maintain the drainage improvements for five years. Currently, the Otay Ranch Company is processing rough grading plans with the City for a portion of its project (northerly of East Palomar Street) draining to Telegraph Canyon. Issuance of the grading permit is anticipated shortly. The subject agreement delineates the developer's responsibilities for maintaining the proposed improvements and establishes the security requirements to ensure performance. (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1 through #9, headings read, texts waived. The motion carried 5-0 except on Item #1, which carried 4-0-1 with Councilmember Salas abstaining from voting on the minutes of October 5, 1999; Item #5, which carried 4-0-1, with Councilmember Davis abstaining; and Item #6, which carried 4-0-1, with Councilmember Salas abstaining. 10. QUARTERLY FISCAL STATUS REPORT FOR THE THIRD QUARTER OF FISCAL YEAR 1999/2000 In accordance with Charter Section 504(f), a report was submitted covering the third quarter of Fiscal Year 1999/2000. (Deputy City Manager Powell) Deputy Mayor Moot questioned the low variance from property tax, since he had expected the percentage of increase over the prior year to be higher. Staff explained that the projections given at the beginning of the year were too aggressive and that the actual increase in property tax this year was 10% over last year. Staff also confirmed that the cost of the compensation study salary increases is $2.1 million and that the projected year-end surplus is $3.4 million. ACTION: Deputy Mayor Moor moved to accept the report. The motion carried 5-0. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AND A NEW ORDINANCE AMENDING CITY ORDINANCE 2554, AND A RESOLUTION RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA Page 4 - Council Minutes OS/23/2000 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) Amendment of City Ordinance 2554, on an urgency basis, will increase development impact fees (PFDIF) by $468 per equivalent dwelling unit to pay for various public facilities citywide. The fee was last reviewed in 1992-93. This item further calls for the City to appropriate $249,495 to the PFDIF program from the City's general fund; and adoption of the comprehensive 1999 PFDIF Update, which details a number of primary recommendations, project timelines and funding sources. (Assistant City Manager Krempl) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Staff provided Council with an overview and explanation ofthe Development Impact Fee. Mayor Horton opened the public hearing and asked if anyone wished to speak. There were no comments offered, and the hearing was subsequently closed. A. URGENCY ORDINANCE NO. 2809-A, ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY B. ORDINANCE NO. 2810, ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY C. RESOLUTION NO. 2000-169, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES CONTINUE TO BE NEEDED. FOR THE PURPOSES DETAILED IN THE INDIVIDUAL PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) PROGRAM PROJECT COMPONENTS, AND AMENDING THE FISCAL YEAR 1999-2000 BUDGET APPROPRIATING $249,945 TO THE PFDIF PROGRAM FROM THE GENERAL FUND BASED ON UNANTICIPATED REVENUES FROM AN EXISTING DIF CREDIT, AND ADOPTING THE FIRE STATION MASTER PLAN 1997 UPDATE, AND ADOPTING THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE 1999 UPDATE (4/5THS VOTE REQUIRED) ACTION: Mayor Horton offered Urgency Ordinance No. 2809-A, Ordinance No. 2810 and Resolution No. 2000-169, headings read, texts waived. The motion carried 5-0. ACTION ITEMS 12. CONSIDERATION OF APPROVAL OF A FIRST AMENDMENT TO THE AGREEMENT BETWEEN RNL DESIGN AND THE CITY OF CHULA VISTA FOR PREPARATION OF CORPORATION YARD CONSTRUCTION DRAWINGS Page 5 - Council Minutes OS/23/2000 ACTION ITEMS (Continued) On October 19, 1999, Council approved an agreement with RNL Design for the preparation of construction drawings for the new corporation yard. Since the original agreement was prepared, additional activities have been added to the functions moving to the new facility. This has required additional work on the part of the design team. (Director of Public Works) Staff introduced RNL Design Project Manager McKelvey, who provided Council with a design update for the Corporation Yard. Given the significant additional design costs, Councilmember Padilla asked why the design work was performed prior to Council approval. Staff responded that it was not known how much work would need to be done, and a space shortage in the Civic Center complex required the project to proceed as soon as possible. Councilmember Salas requested that staff research the possibility of obtaining methane gas. Staff responded that the request would be referred to Special Operations Manager Meacham. ACTION: Councilmernber Padilla offered the following Resolution, heading read, text waived: RESOLUTION NO. 2000-170, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE AGREEMENT BETWEEN RNL DESIGN AND THE CITY OF CHULA VISTA FOR PREPARATION OF CORPORATION YARD CONSTRUCTION DRAWINGS The motion carried 5-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS A. City Manager Rowlands announced that the GMOC/Planning Commission/City Council joint workshop of Thursday, May 25th at 4:00p.m., was postponed to Thursday, June 15th at 4:00 p.m. in the Council Conference Room. B. City Manager Rowlands introduced the proposed budget for Fiscal Year 2000-2001, emphasizing the continued re-energizing of the organization; strengthened service delivery; planning for infrastructure; and reserve levels. He also stated that the City's revenues were solid and strong. City Manager Rowlands stated that departmental budget workshops were scheduled for June 5th, June 6th and June 12th, all beginning at 6:00 p.m. in the Council Conference Room: 14. MAYOR'S REPORTS A. RESOLUTION NO. 2000-171, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RENAMING HALECREST PARK TO GAYLE L. McCANDLISS PARK AND APPROPRIATING FUNDS THEREFOR Page 6 - Council Minutes OS/23/2000 OTHER BUSINESS (Continued) ACTION: Mayor Horton moved to approve the renaming of Halecrest Park to Gayle L. McCandliss Park in memory of Ms. McCandliss. The motion carried 5-0. Mayor Horton commented on a successful mock City Council meeting thath she attended on May 17t\ 2000. 15. COUNCIL COMMENTS A. Deputy Mayor Moot: Ratification of appointment to Mobilehome Rent Review Commission - Mark G. Marchand. ACTION: Deputy Mayor Moot moved to ratifY the appointment of Mark G. Marchand to the Mobilehome Rent Review Commission. Councilmember Salas seconded the motion and it carried 5-0. Councilmember Padilla reported that he had attended the Law Enforcement memorial service in Balboa Park on May 19th, 2000. Councilmember Salas stated that she had attended the Chula Vista Law Enforcement ceremony on May 18th, 2000 and asked staff to find out the name of the Police Department staff member responsible for creating the film showing our police officers in action, so he or she can be recognized for a job well done. Councilmember Salas also congratulated Isaac Moller on receiving the Eagle Scout Award. At 8:15 p.m., Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 16. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One Case - Claim no. 99-00-009 ACTION: Instructions were given to Counsel 17. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One Case ACTION: Instructions were given to Counsel. 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Brentwood Mobilehome Park v. City of Chula Vista, S26517 ACTION: Instructions were given to Counsel. Page 7 - Council Minutes OS/23/2000 ADJOURNMENT: At 8:45 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of June 6, 2000. Respectfully submitted, ::;...--- Lorraine Bennett, Deputy City Clerk Page 8 - Council Minutes OS/23/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JANUARY 25, 2000 6:00 P.M. A Regular Meeting of the Chula Vista City Council was called to order by Mayor Horton at 6:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call there were: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY I A. Proclamation commending Jim Bettisworth upon thirty years of dedicated service to the City. Mayor Horton read the proclamation, and Mayor Pro Tern Moot presented it to Mr. Bettisworth. B. Proclamation commending Richard Rael upon forty years of dedicated service to the City. Mayor Horton read the proclamation, and Mayor Pro Tern Moot presented it to Mr. Rae!. C. Recognition by Mayor Horton and the City Council of the following international delegates from the People's Republic of China: Jiang Quan, Zhaoxiong Liang, Yu Sihau, Yigen Li, Xueting Gu, Han Gang, Shi Qui, Ling Bo Liu, Dr. Renfu Chen, Dr. Benxiong Tang. Dr. Kilmer of Southwestern College introduced the student delegates. Mayor Pro Tern Moot presented certificates to the students, and Xeuting Gu, the senior member of the student group, spoke regarding the group's courses and experiences and suggested that closer ties be developed between Chula Vista and their home city in China. D. Presentation by Police Chief Emerson recognizing Agent Gary Ficacci for his recent promotion to Sergeant and Officer Manny Mendoza for his recent promotion to Agent. Police Chief Emerson introduced the newly promoted officers. E. Administration of Oath of Office to newly appointed Police Officers, Phillip Fernandez and Thomas Craft. Police Chief Emerson introduced the newly appointed officers, and City Clerk Bigelow administered the oaths of office. CONSENT CALENDAR (Items 2 through 8) Mayor Horton noted a request to remove Item #8 from the Consent Calendar for separate consideration. She also noted that Item #5 would be continued and Item #6 would be referred back to the Safety Commission at the request of staff. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on January 18, 2000, there were no actions which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter from Victoria Majewski, a student at Bonita Vista High School, requesting financial assistance to attend the 2000 Youth Leadership Conference at Freedoms Foundation, Valley Forge, PA. Under Council Policy 159-02, Council has approved the expenditure of funds for various Chula Vista students to attend this conference in exchange for a presentation to a City youth group. Staff recommendation: $50 from the Council contingency account be granted to Victoria Majewski toward expenses incurred for her attendance at the Freedoms Foundation conference. 3. RESOLUTION NO. 2000-023, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 1999-00 BUDGET TO RECLASSIFY A 0.70 FTE HUMAN SERVICES COORDINATOR TO 1.00 FTE RECREATION SUPERVISOR I IN THE LIBRARY AND RECREATION DEPARTMENT The Recreation Division ofthe Library and Recreation Department currently has a vacant .70 full-time equivalent (FTE) Human Services Coordinator position. The duties and tasks of the position have been reviewed, and it is proposed that the position be reclassified to a 1.00 FTE Recreation Supervisor I in order to facilitate the program needs of the Recreation Division. Staff recommendation: Council adopt the resolution. (Library and Recreation Director) 4. RESOLUTION NO. 2000-024, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE AWARD OF TWO GRANTS FROM THE GATES LIBRARY INITIATIVE STATE PARTNERSHIP PROGRAM, APPROPRIATING THE UNANTICIPATED REVENUE, AND AMENDING THE FY 1999-00 BUDGET (4/5THS VOTE REQUIRED) The Chula Vista Library has been awarded two grants from the Bill and Melinda Gates Foundation. These grants provide for up to 23 networked public access computers with software and training for the public and staff at the Civic Center and South Chula Vista library locations. Staff recommendation: Council adopt the resolution. (Library and Recreation Director) Page 2 - Council Minutes 01/2512000 CONSENT CALENDAR (Continued) 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SIDE LETTER TO THE 1998-2001 CVEA MOU - "PROFESSIONAL ENRICHMENT" During Chula Vista Employee Association (CVEA) negotiations in June of 1998, it was agreed, via side letter, to reopen the MOU to address the issue of Professional Enrichment. As a result, CVEA and Human Resources management developed an administrative policy. Staff recommendation: Council continue the item to February 1, 2000. (Director of Human Resources) 6. REPORT DENYING THE APPEAL OF AN ALL-WAY STOP AT THE INTERSECTION OF EAST J STREET AND LASENDA WAY (CONTINUED FROM 1/18/2000) This report was generated as the result of a request by Mayor Horton for a report to Council after a request to appeal was made by David Krogh, a member of the public, under oral communications at the Council meeting of Tuesday, December 7, 1999. Based on the provisions of the Safety Commission Policy, adopted by resolution of the City Council on March 14, 1995, whenever the Safety Commission and the City Engineer concur on the implementation of a traffic safety improvement, the resolution of the issue is considered final unless appealed by a member of the Council within 10 days of the decision of the Safety Commission. The Safety Commission decision was reached at its meeting of Thursday, November 11,1999. Staff recommendation: Refer back to the Safety Commission for further consideration. (Director of Public Works) 7. RESOLUTION NO. 2000-025, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 1999-00 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO A) ADD THE DISCOVERY PARK SNACK BAR CONSTRUCTION PROJECT (PR 230), AND APPROPRIATE $45,000 THEREFOR FROM RESIDENTIAL CONSTRUCTION TAX FUNDS; B) APPROPRIATE $77,200 OF STATE GRANT FUNDS TO THE PARKWAY POOL RESURFACINGIRELAMPING PROJECT (PR 223), AND REDUCE THE PARK ACQUISITION AND DEVELOPMENT (pAD) FUNDS BY $69,700; C) APPROPRIATE $15,000 OF UNAPPROPRIATED AND UNALLOCATED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO ADA MODIFICATIONS PROJECT (GG144) FOR THE YMCA FACILITY ON FOURTH AVENUE; D) APPROPRIATE $1,000 OF UNAPPROPRIATED AND UNALLOCATED CDBG FUNDS TO SIDEWALK REHABILITATION, PHASE IV PROJECT (STL203); E) APPROPRIATE $2,000 OF UNAPPROPRIATED AND UNALLOCATED CDBG FUNDS TO DOWNTOWN STREET LIGHTING, PHASE II (RD226); F) APPROPRIATE $4,510.23 FROM TRUNK SEWER CAPITAL RESERVE TO THE "c" STREET SEWER EXTENSION PROJECT (SW213); AND G) APPROPRIATE $12,432.67 FROM THE SEWER FACILITY REPLACEMENT FUND TO THE SEWER MAIN INSTALLATION - SHIRLEY STREET PROJECT (SW217) (4/5TH'S VOTE REQUIRED) Page 3 - Council Minutes 01/25/2000 CONSENT CALENDAR (Continued) Staff is proposing various clean-up items for a number of capital improvement projects (CIP), as well as proposing a new CIP project. These proposals involve amending the approved I999-00 CIP budget, as well as appropriating funds from various funding sources. Staff recommendation: Council adopt the resolution. (Assistant City Manager Morris) ACTION: Mayor Horton moved to continue Item #5, refer Item #6 back 'to the Safety Commission for further consideration, and to approve staff recommendations on Items #2, #3, #4, and #7, headings read, texts waived. The motion carried 5-0. 8. RESOLUTION NO. 2000-026, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "CHULA VISTA ANIMAL CARE FACILITY-130 BEYER WAY IN THE CITY OF CHULA VISTA, CA (GG-158)" PROJECT On Wednesday, December 1, 1999, the Director of Public Works received sealed bids for the "Chula Vista Animal Care Facility-130 Beyer Way in the City of Chula Vista, CA (GG-158)" project. The work to be done is construction of an animal shelter, complete, including earthwork, on and off-site utilities, paving, mechanical, electrical and incidental work Staffrecommendation: Council reject the bids due to inconsistencies in the bid proposals received for the six bid alternates and direct the Director of Public Works to re-advertise the work with modified specifications. (Director of Public Works) Angelo Paone, representing Kenai Construction, one ofthe bidders, stated that his company was the apparent lowest responsible bidder on the project and asked why his firm was not selected. City Attorney Kaheny responded that there had been confusion in the bidding process, and the City had a valid reason for rejecting all bids. Public Works Director Lippitt commented that the current bidders may submit new bids on the work. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. CONSIDERATION OF ESTABLSHING UTILITY UNDERGROUNDING DISTRICT NO. 131 ALONG FOURTH AVENUE FROM "H" STREET TO "L" STREET RESOLUTION NO. 2000-027, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRTICT NO. 131 ALONG FOURTH AVENUE FROM "H" STREET TO "L" STREET AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION Page 4 - Council Minutes 01/25/2000 PUBLIC HEARINGS (Continued) On December 7, 1999, by Resolution No. 19702, the City Council ordered a public hearing to be held on January 25, 2000 to determine whether the public health, safety or general welfare requires the formation of a utility undergrounding district along Fourth Avenue from "H" Street to "L" Street. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed utility undergrounding district is one mile long and is estimated to cost approximately $1,000,000. SDG&E's allocation funds (Rule 20-A) will be used to cover the cost of the project, including reimbursements to affected property owners for their respective trenching costs. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton requested a map showing the streets along which utilities have already been undergrounded and those remaining to be done. She also commented that any overlay work planned on Fourth Avenue should be delayed until the undergrounding had been completed. She then opened the public hearing and asked if anyone from the audience wished to speak. Donald Barahura, 649 Fourth Avenue, asked the process to apply for a reimbursement of trenching costs, how the two houses located behind his property would obtain power from Fourth Avenue, and whether or not the proposed work would trigger a reassessment of the property valuations. Public Works Director Lippitt responded that the power company would decide about the power supply, that he did not believe the work would result in property reassessments, and that he would contact Mr. Barahura regarding the process to obtain a reimbursement. Michael Quinn, 819 Fourth Avenue, asked if any portion of the contract work could be done by individual homeowners, if the owners would be notified when the work had been satisfactorily completed, and if the City would identify any associated costs that homeowners might be likely to incur. He also stated that Fourth Avenue, from K Street to L Street, needs more effective lighting. Public Works Director Lippitt responded to Mr. Quinn's questions and indicated that new lighting would be installed in several months. Mr. Barahura asked if there would be a list of approved contractors for use by the homeowners. Mr. Lippitt stated that the building inspectors could provide such a list, and the contractors will be required to obtain permits to do the work. Mayor Horton asked that a community meeting regarding the project be scheduled with all affected property owners when the utility plans have been completed. ACTION: Deputy Mayor Moot offered Resolution No. 2000-027, heading read, text waived. The motion carried 5-0. Page 5 - Council Minutes 01/2512000 PUBLIC HEARINGS (Continued) 10. CONSIDERATION OF THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FNE OF THE OTAY RANCH SPA ONE FOR THE CONSTRUCTION OF A P ASEO AND PARK P-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS, FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 ("TM 97-02") FOR THE OTAY RANCH PASEO AND PARK PROJECT (CONTINUED FROM JANUARY 11,2000 - 4/5THS VOTE REQUIRED) Approval of the resolution will initiate eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation will also include the granting of temporary and permanent easements for slope and drainage purposes that are necessary to construct said Paseo and Park. Mayor Horton noted that the hearing was continued from January 11, 2000. Deputy Mayor Moot stated that he would abstain from participation in discussion and voting on this matter due to the fact that it concerned the McMillin Company, and he left the dais. Principal Planner Rosaler introduced Linda Bartz, the attorney representing the City in the condemnation proceedings. Ms. Bartz reported that, thus far, neither the developer nor City staff have been successful in negotiating the acquisition of the subject property, which is needed for the project. In the absence of voluntary conveyance by the owner, the City can only acquire the property by condemnation proceedings, and the developer has asked the City to consider exercising its power of eminent domain. Mr. Rosaler stated that he would present substantial evidence for the Council to find that condemnation is necessary to implement the policies adopted by the Council and Board of Supervisors when the Otay Ranch General Development Plan/Sub-regional Plan was adopted in 1993. In the plan, policies were established for the pedestrian orientation of the villages in Otay Ranch. In 1996, the Council approved the Specific Area Plan for Village Five, which provided for pedestrian orientation through a number of different measures, one of which was the paseo and parks systems. Pedestrian features have several components. There is the village pathway that connects Villages One and Five with Village Six. Regional trails run along Telegraph and Poggi Canyons. There are parkways on residential streets, and the paseo connects the regional trail and brings people down to the village core, park and school. It was designed so that children going to school in this area of the village would not have to cross the public street. Access has also been provided to the transit station for transit riders. The paseo was split along a property line so that half of the paseo and park were on the portion owned by Otay Ranch Company and half was on what was to be McMillin ownership. In 1998, the Otay Ranch Company lost control of parcel 35A, and the ownership was returned to the foundation. Page 6 - Council Minutes 01/25/2000 PUBLIC HEARINGS (Continued) Mr. Rosaler further stated that staff believes there is substantial public interest and necessity to support the condemnation in order to implement the policies adopted by the Council in the General Development Plan and on tentative maps for both sides of the property line and in order to complete the pedestrian system. lfthe foundation were to implement the tentative map on its property, it would have to dedicate and improve the park and the paseo. Only the park and paseo and slope rights are part of the condemnation; the balance of the 15-acre parcel is not part of the action requested. Mayor Horton asked if it were correct that the owner is still trying to negotiate a resolution to the problem. Ms. Bartz responded that Counsel for the property owners has indicated that they are not in a position at this time to make a counter offer but that one should be forthcoming. Adoption of the proposed resolution and the subsequent filing of the condemnation action would allow the City to obtain possession of the property and move forward with the project, but it would not prevent any continuing negotiations. Mayor Horton asked if anyone from the audience wished to speak. Michael McAndrews, 777 S. Flower Street, Los Angeles, representing the Birch Foundation, stated that the foundation has been a corporate citizen of Chula Vista for many years and has extensive land holdings in the community. While the foundation does not seek to be difficult or to object to the McMillin development adjacent to Parcel 35A, the board of directors is required to see that the foundation's assets are protected and disposed of in an equitable way. For those reasons, the foundation objects to the condemnation and urges the Council not to adopt the resolution of necessity. It is the board's position that this matter is a private, not a public, taking. The City has imposed upon the developer of the land west of Parcel 35A the obligation to provide certain public improvements, including park land and the paseo. The foundation has no objection to park land or the paseo and has no difficulty with the General Development Plan for Village One. However, it does object to the City satisfying a condition for the developer. It is the obligation of the developer to provide land. City powers are being exercised to satisfy a map condition, a development condition of a private party. Further, the Council is required to find that the property in question is the only appropriate property for the public improvements, and he suggested that there was nothing in the record to so indicate. Finally, he stated that the law requires that before a condemnation can proceed, specific information must be provided to the property owner, including an offer to purchase, a written appraisal and a written summary showing the basis of the valuation. He did not believe the foundation had been provided adequate information on which to base a decision of whether or not it was appropriately disposingof its assets, and he urged the Council not to adopt the resolution. Mayor Horton asked what it would take for the foundation and McMillin to resolve this issue so that the project could move forward. Mr. McAndrews responded that a charitable foundation must decide whether or not the value that has been assigned is appropriate and whether or not there is a legal basis to cooperate in the condemnation, which is placing a burden on the foundation that it does not want. The foundation, at this point, does not have sufficient information, and the burden for a resolution should not be placed on the foundation. Councilmember Davis asked if the foundation had ordered its own appraisal of the property. Mr. McAndrews replied that he did not know, however, he felt it would be inappropriate to think the foundation should spend money to value the property for a circumstance which is not of its own making. Councilmember Davis commented that if the foundation is concerned about being responsible in the disposition of this property and in being assured that a proper valuation has been assigned, a separate appraisal might be appropriate. Page 7 - Council Minutes 01/25/2000 PUBLIC HEARINGS (Continued) Councilmember Padilla asked for an approximate time when dialog with the foundation on this matter commenced. Ms. Bartz responded that communications with the foundation began in 1997, providing offers and making requests for rights to enter to do grading. A letter was sent in May 1998 requesting permission to appraise the property. Responses from representatives of the foundation basically indicated that the foundation was not interested in negotiating, and one letter objected to the fact that the off-site requirements were being imposed and stated that McMillin should satisfy the requirements on its own property. In October 1998, the developer referred the matter to the City to begin condemnation proceedings. The property was reappraised, and the valuation increased significantly. A final offer was then made to the owner by City staff. Ms. Bartz also stated that state law does not require the Council to find that this is the only appropriate property; state law gives wide discretion to the condemning agency in designating the location of a project. Further, the offer letter included a detailed explanation and attachments showing the interest to be acquired, and the appraisal summary statement sent by City staff was sufficient and conforms with those sent by other public agencies in San Diego and Riverside Counties. Assistant City Attorney Moore commented that, with respect to the contention that the condemnation is for the benefit of the developer, the condition was placed on the developer by the City for the benefit of the City to provide for the paseo and park, as required by the Specific Area Plan and other planning documents. Robert Pletcher, representing McMillin Companies, the developer, stated that McMillin thus far has met its challenges in providing the public improvements required by the City, and he asked for the City's assistance in moving the project forward. He stated that the park and the paseo would be publicly owned and maintained. He also reported that the property owner has a long history of inaction, and various public entities, including Chula Vista, San Diego, the Otay Water District, San Diego Gas & Electric, and the federal government have had to use condemnation proceedings to acquire what they needed for public improvements. The process for this particular action began in August 1997, when requests for necessary easements or for acquisition were refused. He asked the Council to proceed with the process by adopting the resolution. Mr. McAndrews reiterated his objections to the proposed resolution and stated that it was the obligation of the Council to comply with requirements of the law. Mayor Horton asked Mr. McAndrews whom she could contact at the foundation who would have the authority to make a decision on behalf of the foundation to resolve this matter. Mr. McAndrews stated that he would put the Mayor in contact with representatives of the foundation. Mayor Horton asked if anyone else in the audience wished to speak. There was no response, and she closed the public hearing. ACTION: Following Council comments, Mayor Horton moved to continue the item to the meeting of February I, 2000 to allow her additional time to attempt to negotiate with representatives of the foundation. Councilmember Padilla seconded the motion, and it carried 3-1-1, with Councilmember Davis opposing on the grounds that she believed the Council should move forward with the resolution at this time, and with Deputy Mayor Moot abstaining. Page 8 - Council Mioutes 01/25/2000 BOARD AND COMMISSION RECOMMENDATIONS 11. REPORT ON COUNCIL CONTINUATION OF CHILD CARE COMMISSION Earlier this year, in an attempt to conserve staff resources and redUce redundancy of duties by various agencies, the City Council asked staff to review the various Boards, Commissions and Committees to determine if there was overlap. The recommendation regarding the Child Care Commission was that the Commission should meet with other child care and related organizations operating in the City and provide a report or presentation to the Council by January 1,2000. Since that time, the Commission has met and discussed its duties, developed goals and objectives, and reviewed the provision of similar services by other agencies. The Commission invited Mary Jo Buettner of the Coordinating Council to its March 2,1999 meeting, and she gave a presentation on the Chula Vista Coordinating Council, one of the agencies with perceived overlapping duties. The Commission has recommended that the Council support its continuation. Mayor Horton reported that she had met with Chair Rindone regarding Commission activities and goals and suggested that the Council retain the Commission at this time. ACTION: Mayor Horton moved to continue the Commission, to direct staff to consider hiring a Child Care Coordinator during the fiscal year 2000/2001 budget process, and to schedule a workshop with the Commission on April 20, 2000 to inform other Councilmembers of the Commission's issues and goals. Councilmember Salas seconded the motion, and it carried 5-0. Mayor Horton also noted a problem with absenteeism on the Commission and referred the matter to a Council subcommittee. Councilmember Salas stated that the idea of designating a "Day of the Child" was brought forward to the Commission Chair. ACTION ITEMS 12 A. RESOLUTION NO. 2000-028, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING AN AREA OF "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS" ON THIRD AVENUE BETWEEN "I" STREET AND "J" STREET FOR THE PURPOSE OF INSTALLING A TWO-WAY LEFT TURN LANE TO IMPROVE PUBLIC SAFETY, IN ACCORDANCE WITH SECTION 10.52.270 OF THE CHULA VISTA MUNICIPAL CODE, THEREBY AMENDING SCHEDULE III, AS MAINTAINED BY THE CITY ENGINEER IN A REGISTER WHICH LISTS THE STREETS OR PORTIONS THEREOF UPON WHICH THESE PROHIBITIONS ARE IN EFFECT B. RESOLUTION NO. 2000-029, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ADD THE THIRD AVENUE STRIPING PROJECT FROM "I" STREET TO "J" STREET TO AN EXISTING FY 99/2000 CAPITAL IMPROVEMENT PROJECT TF-271 TITLED, "'H' STREET RE-STRIPING BETWEEN THIRD AVENUE AND HILLTOP DRIVE AND APPROPRIATING $12,000 FROM THE GAS TAX FUND TO BE ADDED TO THE BUDGET FOR THIS PROJECT (4/5THS VOTE REQUIRED) Page 9 - Council Minutes 01/2512000 ACTION ITEMS (Continued) The Traffic Engineering Section received a written request on May 12, 1998, from Jill Eichmann, 678 Third Avenue, Suite 101, Chula Vista, CA 91010, implying that parking along both sides of Third Avenue between "I" Street and "J" Street needed to be removed and asking that a two-way left-turn lane be installed along that segment of the roadway. She stated that it was unsafe to merge into traffic on Third Avenue from driveways along Third Avenue because of parked vehicles along both sides of the street. This same request has been received numerous times dating back to 1987, and staff has removed parking along most of this street as a result of these requests. The remaining parking must be removed to provide for a two-way turn lane. (Director of Public Works) ACTION: Councilmember Davis offered Resolution Nos. 2000-028 and 2000-029, headings read, texts waived. The motion carried 5-0. 13. REPORT ON SB 329 (PEACE), TRANSPORTATION AGENCY REGIONAL INFRASTRUCTURE CONSIDERATION OF ADOPTION OF AMENDMENTS TO SB 329 (PEACE), TRANSPORTATION AGENCY RESOLUTION APPROVING REGIONAL INFRASTRUCTURE State Senator Steve Peace has submitted a legislative proposal (SB 329) that would consolidate five existing public agencies into one regional body. The proposal is intended to improve the efficiency and effectiveness of planning for, and meeting, regional transportation needs. City staff believes this proposal, if enacted, would have significant impacts on the cities and service delivery throughout the region, and staff is recommending that the Council adopt a resolution to express concerns and propose certain amendments to SB 329 and submit those to Senator Peace for his consideration. (City Manager Rowlands) Mayor Horton noted that the legislation is a work in progress, and the original bill has been extensively revised. Councilmember Salas expressed the following concerns regarding the proposed legislation: Ten members are initially appointed by the Governor, which gives them the power of incumbency during subsequent elections; terms of office should be extended to four (rather than two) years; the agency will have the power to acquire any property in the San Diego region by any means, which is alarming, and there are inconsistencies on pages 8 and 9 of the proposed legislation; the term "airports" needs to be clarified, since there is only one airport operated by the Port District; an implementation plan should be forthcoming prior to approval; Chula Vista has seen no assurances that the bill will not negatively impact such projects as the City's negotiations with BFGoodrich, goals for the Southbay power plant, State Route 125 or Olympic Parkway, and the City needs assurances that the projects will continue on schedule as the agencies are being consolidated; and there also need to be assurances of an equitable distribution of funding throughout the County. She stated that she could not support the legislation until it is more definitive; and the Council should see the revised version before taking any action. Page 10 - Council Minutes 01125/2000 ACTION ITEMS (Continued) Councilmember Padilla stated that staff and elected officials throughout the Council need the opportunity to see the final version of the bill in order to intelligently comment on it. He stated that the Council is not being asked at this time, however, to support or oppose the bill, only to forward comments regarding it to Senator Peace and perhaps provide suggested areas for additional focus. He asked that any legislation include (a) provisions that would prohibit charter members appointed to the board from subsequently seeking election to the board and (b) clear and strong language regarding the retention of the existing land use authorities of the incorporated cities and the County. He also stated that the issue of separating the powers of the Port District over strictly port-related matters versus powers which should be retained by the local jurisdictions needed to be addressed. Councilmember Salas stated that the fiscal impact of such a consolidation on the City, and the resulting effect on the City's goals for the bayfront, needed to be researched. Councilmember Davis supported the ideas of a regional transportation infrastructure board for the County, separating transportation issues from SANDAG; having SANDAG continue to address such regional issues as housing; and maintaining the Port District, with its five member cities. She also commented that the makeup of a regional board should be tied to population so that everyone is well represented. Mayor Horton stated that dividing the region into three districts, with three representatives to be elected from each district, is under consideration. In addition to the nine voting members, the Mayors of each city would be ex-officio members. Barbara McAllister, 857 Crest Drive, spoke in opposition to the proposed consolidation. Jerry Rindone, City representative to the Metropolitan Transit Development Board, stated that a strong regional government is desirable and essential to benefit all the citizens and the needs of the City, however, the current proposal is fatally flawed. He supported the idea of a regional transportation board but opposed the dissolution of the Port District, which he felt would be unfair and financially detrimental to the five member cities. Deputy Mayor Moot asked to see the revised bill when it is available and stated that if a regional authority is formed, the City should reacquire its Port lands and land use control authority over them. He stated that the region needs to move in the direction of regional planning. Councilmember Salas suggested that the Council request a current written or recorded record of the discussions and suggestions and agreements being discussed by Senator Peace in communities throughout the County. Mayor Horton agreed that the region needs better coordination among the different entities that make regional transportation decisions in order to provide a better transportation system and also possibility to provide a better ability to bring more funding into the area. ACTION: It was the consensus of the Council to table the resolution and to direct staff to compile comments made at this meeting and include them in a letter to be sent to Senator Peace under the Mayor's signature. Page II - Council Minutes 01125/2000 OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings. City Manager Rowlands noted that Council workshops were scheduled for February 10th and March 16th. A workshop was also scheduled at this meeting for April 20th with the Child Care Commission. The City Manager noted that the Shirley Street sewer project had been removed from an upcoming agenda because staff has found a way to resolve the matter administratively. 15. MAYOR'S REPORTS Mayor Horton reported on the grand opening event she attended for the Thurgood Marshall Elementary School and congratulated the school district on its model facility. 16. COUNCIL COMMENTS Councilmember Padilla asked staff to prepare an impartial analysis of Proposition 22 so that Council may consider whether or not to endorse it. Councilmember Salas asked staff to forward the text of Proposition 26 for Council consideration of endorsement. Councilmember Salas noted that John Rojas had passed away and that services would be held on Friday at 10:00 a.m. at Church ofthe Most Precious Blood. CLOSED SESSION 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Fritsch v. City ofChula Vista, District Cast No. 98-CV-0972-E CGA. No action was taken. ADJOURNMENT At 9:55 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of February 1,2000. Respectfully submitted, -:- "iudJ..J~~ Susan Bigelow, CMC/AAE, City Clerk Page 12 - Council Minutes 01125/2000 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JUNE 5, 2000 CALL TO ORDER: 6:00 P.M. An Adjourned Meeting of the City Council of the City ofChula Vista was called to order at 6:06 p.m. in the Council Conference Room located in City Hall, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL PRESENT: Councilmembers Davis, Moot, Salas and Mayor Horton ABSENT: Councilmember Padilla ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, Deputy City Clerk Norris BUDGET HEARINGS 2. INTRODUCTION: FINANCIAL OVERVIEW Deputy City Manager Powell presented an overview of the proposed budget for Fiscal Year 2000- 200 I. Councilmembers questioned the effect of internet sales on sales tax revenues. Deputy City Manager Powell responded that internet sales are projected to increase to $2.3 trillion by 2004; and 25% of new car sales will be made via the internet by 2002. Councilmembers expressed concern about the potential loss of sales tax on vehicle purchases and suggested that research be undertaken to show and confirm that sales tax revenues with reference to "satellite" dealerships will stay in the City. A. PUBLIC LIBRARY Deputy City Manager Palmer presented the department's proposed budget highlights for Fiscal Year 2000-2001. Councilmember Salas suggested that a task force be established to look at creating a Cultural Arts Center in the City. Mayor Horton supported the proposed new library locations in the eastern portion of the City and asked when construction could be expected. Deputy City Manager Palmer responded that construction could begin within 3-5 years, depending upon approval of grant funding. ACTION: Mayor Horton moved to conceptually approve the proposed budget for the Library. Deputy Mayor Moot seconded the motion, and it carried 4-0. At 7:07 p.m. Mayor Horton declared a briefrecess. The meeting reconvened at 7:12 p.m., with Councilmembers Davis, Moot, Salas and Mayor Horton present. Page I - Council Minutes June 5, 2000 BUDGET HEARINGS (Continued) B. PARKS AND RECREATION DEPARTMENT Deputy City Manager Palmer presented the Parks and Recreation Department's proposed budget for Fiscal Year 2000-2001. Mr. Frank Shaferty, a member of the audience, spoke regarding the necessity to obtain qualified coaches if new tennis courts are constructed and the need to maintain a high caliber of training for students in the City. Mr. Armando GomeZ, a Chula Vista resident, recommended that Council consider building tennis courts in Eucalyptus Park. Mayor Horton recognized the City's immediate need for tennis facilities and stated that there must be guarantees of a well-organized, professional tennis program. She asked staff to provide detailed feedback to the Council on the issue. ACTION: Mayor Horton moved to conceptually approve the proposed budget for the Parks and Recreation Department. Councilmember Salas seconded the motion, and it carried 4-0. c. FIRE DEPARTMENT Fire Chief Hardiman presented the Fire Department's proposed budget for Fiscal Year 2000-2001 and highlighted the enhancements requested. ACTION: Mayor Horton moved to conceptually approve the proposed budget for the Fire Department. Deputy Mayor Moot seconded the motion, and it carried 4-0. D. POLICE DEPARTMENT Police Chief Emerson presented the department's proposed budget for Fiscal Year 2000-2001 and informed the Council that the City's overall crime rates have decreased, more so than compared with neighboring cities. ACTION: Mayor Horton moved to conceptually approve the proposed budget for the Police Department. Councilmember Davis seconded the motion, and it carried 4-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 3. CITY MANAGER'S REPORTS There were none. 4. MAYOR'S REPORTS There were none. 5. COUNCIL COMMENTS There were none. Page 2 - Council Minutes June 5, 2000 ADJOURNMENT At 8:10 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of June 6, 2000, to be followed immediately by an Adjourned Meeting in the Council Conference Room. Respectfully submitted, dtnU<A J;;v.... Donna Norris, Deputy City Clerk Page 3 - Council Minutes June 5, 2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JUNE 6, 2000 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:05 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call there were: PRESENT: Councilmembers Davis, Moot, Padilla, Salas and Mayor Horton (Councilmember Salas arrived at 4:58 p.m.) ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, CECIL CHAU, SIGNAL SYSTEMS ENGINEER IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT Public Works Director Lippitt introduced Cecil Chau, the Engineering Department's Employee of the Year, and remarked on his dedicated service to the City. Mayor Horton presented the proclamation to Mr. Chau. . PRESENTATION OF AN AWARD TO DOUG REID, THE ENVIRONMENTALIST OF THE YEAR FOR 1999 Resource Conservation Commissioner Cindy Burrascano thanked Mr. Reid, a retired City employee, for his years of dedicated service and for overseeing the City's transformation on land set-asides for parks and open space. Mayor Horton presented the award to Mr. Reid. . PRESENTATION OF A PROCLAMATION COMMENDING HENRY BARROS UPON RECEIVING SAN DIEGO COUNTY'S MINORITY-OWNED SMALL BUSINESS OF THE YEAR AWARD Mayor Horton read the proclamation, and Deputy Mayor Moot presented the award to Mr. Barros. . PRESENTATION BY A REPRESENTATIVE FROM COORS AMPHITHEATER RECOGNIZING THE MOST PRODUCTIVE SWEETWATER UNION HIGH SCHOOL DISTRICT CAMPUS ASSOCIATED STUDENT BODY WITHIN CHULA VISTA, A TWELVE-MONTH JOINT EFFORT OF THE HIGH SCHOOL DISTRICT AND THE CITY Page I - Council Minutes 06/06/2000 SPECIAL ORDERS OF THE DAY (Continued) Former Councilmember Leonard Moore recognized the Associated Student Body for its efforts to reduce graffiti. Buck Martin, representing Coors Amphitheatre, recognized and presented event tickets to student body representative David Torres. Mr. Martin also thanked Councilman Moore for his continued efforts on behalf of the community. Mr. Moore recognized the two most noteworthy schools in the program, and the following representatives received AMC theatre tickets for their efforts: Ms. Johnson, Bonita Vista Middle School; Jennifer Sudderth, Rancho Del Rey Middle School. . PRESENTATION BY A REPRESENTATIVE FROM KNOTT'S SOAK CITY, USA RECOGNIZING THE MOST PRODUCTIVE SWEETWATER UNION HIGH SCHOOL DISTRICT CAMPUS NEWSPAPER STAFF WITHIN CHULA VISTA, A TWELVE-MONTH JOINT EFFORT OF THE HIGH SCHOOL DISTRICT AND THE CITY Melissa Miller, representative for the campus newspaper at Hilltop High School, was recognized for her efforts and was presented with complimentary tickets by Marty Keith of Knott's Soak City USA. CONSENT CALENDAR (Items I through 7) 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on May 23, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter of resignation from Teresa Thomas, member of the Board of Ethics. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to Maddy Act requirements. C. Letter from Dulce Alvarez, a student at Bonita Vista High School, requesting financial support to attend the Junior Statesmen Summer School at Stanford University in June. Staff recommendation: Fifty dollars be granted from the Council Contingency Fund to the Junior Statesmen Foundation towards Ms. Alvarez' expenses. 2. ORDINANCE NO. 2810, ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY (2ND READING AND ADOPTION) Page 2 - Council Minutes 06/06/2000 CONSENT CALENDAR (Continued) The proposed amendment of City Ordinance 2554 will increase development impact fees by $468 per equivalent dwelling unit to pay for various public facilities City-wide. The fee was last reviewed in 1992-93. (Assistant City Manager Krempl) Staff recommendation: Council place the ordinance on second reading for adoption. 3. RESOLUTION NO. 2000-172, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 199912000 BUDGET BY APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT OF $8,240 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE SUMMER READING PROGRAM, "MUSIC IN THE PARK" SUMMER CONCERT SERIES AND "TASTE OF THE ARTS" EVENT (4/5THS VOTE REQUIRED) Since January 2000, the Library and Recreation Department has received donations from various organizations and individuals to support the programs in the Department. The proposed resolution will authorize acceptance of the donations and appropriate and budget the funds for the Summer Reading Program, "Music in the Park" Summer Concert Series and the "Taste of the Arts" event. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2000-173, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING BENEFIT AND COMPENSATION ADJUSTMENTS FOR CITY MANAGER AND CITY ATTORNEY EFFECTIVE JUNE 2, 2000 Earlier this year, Council approved compensation adjustments for the majority of non- sworn classifications in the City. At that time, Executive Managers, including the City Manager and City Attorney, received salary adjustments. Both the Manager's and Attorney's salaries were increased based on market data, and no modification to benefits was made. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 5 A. RESOLUTION NO. 2000-174, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDAJUES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) B. RESOLUTION NO. 2000-175, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OF CERTAIN FACILITIES Page 3 - Council Minutes 06/06/2000 CONSENT CALENDAR (Continued) C. RESOLUTION NO. 2000-176, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) D. RESOLUTION NO. 2000-177, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) ACI Sunbow, LLC has requested the City to initiate proceedings to form Community Facilities District No. 2000-1 for the acquisition or construction of certain facilities serving the Sunbow II property. Adoption of the resolutions will establish a boundary map, provide the proposed rate and method of apportionment for the district, describe the authorized improvements, direct the special tax consultant to prepare the Special Tax Report and set the public hearing for the district for July 11, 2000. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION NO. 2000-178, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN OTAY PROJECT, LP AND THE CITY FOR THE MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A PORTION OF VILLAGE ONE, OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution will approve an agreement with Otay Project, LP setting forth the obligations of the developer and future homeowners association for maintaining certain public landscaping improvements within Village One, Otay Ranch SPA One, "A" Map No. 13592. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION NO. 2000-179, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH SPA ONE, VILLAGE 5, UNITS 7 AND 11 (pORTIONS OF NEIGHBORHOODS R-34 AND R-37), ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, LOT "A" OF UNIT 7 AND THE 2-FOOT WALL EASEMENT ON UNIT 7, AND APPROVING TWO "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Page 4 - Council Minutes 06/06/2000 CONSENT CALENDAR (Cominue~ Adoption of the resolution approves the Final "B" Maps for Units 7 and II ofOtay Ranch Village 5 (CVT 96-04) and associated agreements. On April 20, 1999, Council approved the agreement for the financing and construction of Olympic Parkway and related roadway improvements. Approval of the subject Final Maps is consistent with the cumulative equivalent dwelling unit threshold established by said agreement. (Director of Public Works) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0, with Councilmember Salas not yet present. ORAL COMMUNICATIONS Ruevon Baskin, 1450 Melrose Avenue #53, stated that the ramps on most busses he uses do not work, thereby causing him to miss appointments. He added that he often gets switched from one bus line to another or has to wait for a special bus to pick him up. Mr. Baskin explained that his only source of income is Social Security, and he cannot afford the transport costs of the Red Cross or Handytrans. He said he had been told that all the new busses would have working ramps and were anticipated to begin operation in October 2000, but he would nevertheless require assistance until that time. ACTION: Mayor Horton asked staff to obtain the necessary information from Mr. Baskin in order to assist him in resolving this problem through subsidy programs provided by Handytrans. BOARD AND COMMISSION RECOMMENDATIONS 8. RESOLUTION NO. 2000-180, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUEST TO FLY PRISONER OF WAR (POW)IMISSING IN ACTION (MIA) FLAGS ON ALL CITY OF CHULA VISTA FLAGPOLES ON CERTAIN DAYS SUCH AS NATIONAL "POWIMIA" RECOGNITION DAY, ARMED FORCES DAY, MEMORIAL DAY, FLAG DAY, VETERANS DAY, AS WELL AS THE LAST BUSINESS DAY BEFORE EACH SAID HOLIDAY The goal of the Veterans Commission is to have the City recognize and remember POWs and MIAs and their sacrifices in accordance with federal and state legislation. This can be accomplished by flying the legally recognized POWIMIA flag on City flagpoles on certain days ofthe year. (Veterans Advisory Commission Liaison) Stephen Arends, Vice Chair of the Veterans Advisory Commission, thanked staff for assisting the Commission with bringing the City in compliance with the federal and state legislation. Mayor Horton thanked the Commission for bringing the item forward, stating the importance of honoring those who sacrificed their lives for our country. ACTION: Mayor Horton offered Resolution No. 2000-180, heading read, text waived. The motion carried 4-0, with Councilmember Salas not yet present. Page 5 - Council Minutes 06/0612000 ACTION ITEMS 9. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A DOCUMENT IMAGING CAPITAL IMPROVEMENT PROGRAM During Fiscal Year 1999/2000, the City implemented the LaserFiche document imaging system in the City Clerk's Office to meet records storage and retrieval needs, to preserve vital and permanent documents, and to provide access to imaged records to other departments via the citywide network. Also during Fiscal Year 1999/2000, the Engineering Division of Public Works purchased a scanner for large maps and drawings. The proposed Capital Improvement Program will expand imaging capabilities for the Engineering, Human Resources, Planning and Building, and Police Departments. (Director of Management and Information Services/City Clerk) Management and Information Systems Director Vignapiano explained the proposed document imaging expansion program. ACTION: Mayor Horton offered Resolution No. 2000-181, heading read, text waived: RESOLUTION NO. 2000-181, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ESTABLISHMENT OF A DOCUMENT IMAGING CAPITAL IMPROVEMENT PROGRAM AND APPROPRIATING $147,587 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND THEREFOR (4/5THS VOTE REQUIRED) The motion carried 4-0, with Councilmember Salas not yet present. OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. 11. MAYOR'S REPORTS Mayor Horton congratulated former Eastlake High School student Adrian Gonzalez for being selected as first draft pick winner for year 2000 baseball. A newspaper article made mention of his outstanding skills in the sport. 12. COUNCIL COMMENTS Deputy Mayor Moot commented on a 1995 contract between the City and Otay Water District that specified that Otay would provide water service to City residents in a cost-effective and reliable manner, at a fair and reasonable rate. He stated that members of the public have approached the Council with regard to management decisions affecting Otay's rates, and he suggested that it might be appropriate to hire a firm with expertise in water rates and water service to conduct a fact-based inquiry to specifically look at whether Otay's water rates are being assigned in a cost-effective and reliable manner and at a reasonable price. He reported that he had met with Otay's General Manager, who indicated he would submit a request for a financial contribution to such an audit to the Otay Board. Councilmember Padilla supported the recommendation. Page 6 - Council Minutes 06/06/2000 OTHER BUSINESS (Continued) ACTION: Deputy Mayor Moot moved to authorize the City Manager to solicit at least three reliable and independent persons or entities capable of making an independent inquiry concerning past management practices at Otay to determine whether Otay's current rates as stipulated in the agreement with the City are fair and reasonable and being provided in a cost-effective, reliable marmer; that the City Manager bring back the names of these entities and a reasonable price range within which a limited management audit could be done; if necessary, the City Manager and/or staff be authorized to provide any information requested by such entities for purposes of providing an estimate for the services they would render; and, if necessary, authorize the City Attorney to make an Open Records Act request under Government Code ~ 6250 et seq. to Otay for purposes of providing to the designated company the information or documents necessary to perform the services requested. Mayor Horton seconded the motion, and it carried 5-0. Deputy Mayor Moot commented that he hoped the Otay Water Board and its staff would voluntarily agree to and cooperate with a management audit and work with the City for the common goal of insuring that Chula Vista residents pay the lowest, reasonable water rates based on prudent and responsible management practices. ADJOURNMENT: At 6:42 p.m., Mayor Horton adjourned the meeting to an Adjourned Meeting in the Council Conference Room for the purpose of continued 2000/2001 budget hearings; and thence to an Adjourned Regular Meeting on June 12, 2000 at 6:00 p.m. in the Council Conference Room; and thence to a Regular Meeting of June 13, 2000, at 6:00 p.m. in the Council Chambers. Respectfully submitted, ~~~ Susan Bigelow, CMC/AAE, City Clerk Page 7 - Council Minutes 06/06/2000 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JUNE 6, 2000 4:00P.M. An Adjourned Meeting of the City Council of the City ofChula Vista was called to order at 7:23 p.m. in the Council Conference Room, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilla, Salas and Mayor Horton ABSENT: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, Deputy City Clerk Norris BUDGET HEARINGS 2. ADMINISTRATION A. Training and Development Division Training and Development Manager Beintema presented the Division's highlights in the Fiscal Year 2000-2001 proposed budget, elaborating on the Division's mission statement and the Seven Habits training. Ms. Beintema stated that a new program, Four Roles of Leadership, a follow-up to the Seven Habits program, had recently been established and well received by City staff. ACTION: Mayor Horton moved to conceptually approve the proposed budget for the Training and Development Division. Councilmember Davis seconded the motion, and it carried 5-0. B. Public Information Division Public Information Officer Gulbransen presented the Division's proposed budget for Fiscal Year 2000-2001. Ms. Gulbransen commented that publicity and exposure for the City should be a primary focus in relation to the City's ARCO Olympic Training Center and the upcoming 2000 Summer Olympics. Pat Milkovich, Director of the Olympic Training Center, requested Council's support for the purchase of a mobile locker room/restroom facility for athletes training and competing on the Olympic Training Center grounds. ACTION: Mayor Horton moved to conceptually approve the proposed budget for the ' Public Information Division. Councilmember Salas seconded the motion, and it carried 5-0. Page 1 - Council Minutes June 6, 2000 BUDGET HEARINGS (Continued) 3. HUMAN RESOURCES DEPARTMENT Human Resources Director Emerson presented the Department's proposed budget for Fiscal Year 2000-2001, highlighting the classification study and the volunteer recognition, employee recognition, citywide safety, and workplace security programs. Ms. Emerson also commented on the Department's proposed enhancements, including a . service award program to recognize milestone years and service by City employees, and Citywide ergonomics and injury prevention. ACTION: Mayor Horton moved to conceptually approve the proposed budget for the Human Resources Department. Deputy Mayor Moot seconded the motion, and it carried 5-0. 4. MANAGEMENT & INFORMATION SYSTEMS DEPARTMENT Director of Management & Information Systems Vignapiano presented the Department's Fiscal Year 2000-20001 proposed budget and discussed the technology replacement fund. ACTION: Mayor Horton moved to conceptually approve the proposed budget for the Management & Information Systems Department. Councilmember Davis seconded the motion, and it carried 5-0. 5. FINANCE DEPARTMENT Deputy City Manager Powell made a presentation on the Government Accounting Standard Board (GASB). Director of Budget and Analysis Fruchter introduced the concept of implementing a two-year budget process. ACTION: Mayor Horton moved to conceptually approve the proposed budget for the Finance Department. Councilmember Davis seconded the motion, and it carried 5-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 6. CITY MANAGER'S REPORTS There were none. 7. MAYOR'S REPORTS There were none. 8. COUNCIL COMMENTS There were none. Page 2 - Council Minutes June 6, 2000 ADJOURNMENT At 8:25 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of June 13, 2000. Respectfully submitted, L viM Donna Norris, Deputy City Clerk Page 3 - Council Minutes June 6, 2000 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 12,2000 6:00 p.m. An Adjourned Meeting of the City Council of the City ofChula Vista was called to order at 6:00 p.m. in the Council Conference Room located in the Administration Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton ABSENT: Councilmembers: None 2. BUDGET WORKSHOP Public Works Director Lippitt presented the proposed Public Works department budget for Fiscal Year 2000-2001. ACTION: Councilmember Padilla moved to approve the Public Works budget in concept. Councilmember Davis seconded the motion, and it carried 5-0. Planning and Building Director Leiter reported on the department's Business PlanfFive-Year Strategic Plan and summarized the proposed budget. ACTION: Mayor Horton moved to conceptually approve the budget for the Planning and Building Department. Councilmember Davis seconded the motion, and it carried 5-0. Councilmember Padilla left the table at 7:07 p.m. Community Development Director Salomone presented the proposed budget for his department, reporting on the additional funds requested for the Downtown Business Improvement District and "as needed consultant services fund." He also reported on the implementation of the new "Paint Our Town" program. ACTION: Mayor Horton moved to approve in concept the budget for the Community Development Department. Councilmember Davis seconded the motion, and it carried 4-0, with Councilmember Padilla not present. Councilmember Padilla returned at 7: 15 p.m. 3. PRESENTATION OF 2000/20001 CAPITAL IMPROVEMENT PROGRAM Administrative Services Manager Stokes presented the proposed Fiscal Year 2000/2001 Capital Improvement Budget, noting the existing and ongoing projects, the existing projects with proposed cost modifications, and the funding requests for new projects. Assistant City Manager Morris summarized the pending and future public improvements. ACTION: Following Council comments, Mayor Horton moved to conceptually approve the Fiscal Year 2000/2001 Capital Improvement Program. Deputy Mayor Moot seconded the motion, and it carried 5-0. 4. RESOLUTION NO. 2000-183, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXPRESSING ITS INTENTION TO CONSIDER THE FORMATION OF A JOINT POWERS AUTHORITY TO ACQUIRE A FRANCHISE FROM CALIFORNIA TRANSPORTATION VENTURES BASED UPON THE CONSIDERATIONS AS EXPRESSED HEREIN AND DIRECT CITY STAFF TO PROCEED WITH ITS DUE DILIGENCE WITH RESPECT TO SAID FORMATION AND TO REPORT ITS FINDINGS TO THE CITY COUNCIL WITH DUE SPEED ACTION: Councilmember Davis moved to adopt Resolution No. 2000-183. Councilmember Padilla seconded the motion, and it carried 5-0. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 8:45, Mayor Horton adjourned the meeting to the Regular Meeting of June 13,2000. Respectfully submitted, - --11 I t.LL1~ 'j{J (). ) Susan Bigelow, CMC/AAE, City Clerk Page 2 - Council Minutes 06/12/00 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JUNE 13, 2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton (Councilmember Padilla arrived at 6:08 p.m., and Deputy Mayor Moot arrived at 6: 16 p.m.) ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION COMMENDING THE SOUTH BAY HEART SAVER CAMPAIGN - ACCEPTED BY DAVID BUTLER, PRESIDENT & CEO OF PARADISE VALLEY HOSPITAL Mayor Horton read the proclamation, and Councilmember Davis presented it to Mr. Butler. . OATH OF OFFICE: MOBILEHOME RENT REVIEW COMMISSION - MARK G. MARCHAND City Clerk Bigelow administered the oath of office to Mr. Marchand, and Councilmember Davis presented a certificate of appointment to him. CONSENT CALENDAR (Items I through 5) Mayor Horton noted that Consent Calendar Items #3 and #4B would be removed for separate consideration. 1. RESOLUTION NO. 2000-184, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT OF $3,000 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM (4/5THS VOTE REQUIRED) CONSENT CALENDAR (Continued) The Chula Vista Literacy Team has received donations from various organizations and individuals to support the programs in the Department. Adoption of the resolution will accept the donations and appropriate and budget the funds for the Chula Vista Literacy Team. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2000-185, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING WORKFORCE INVESTMENT ACT (WIA) 231 GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM FROM THE CALIFORNIA DEPARTMENT OF EDUCATION; AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO APPROPRIATE $3,500 REVENUE FUNDS TO THE LffiRARY AND RECREATION DEPARTMENT (4/5THS VOTE REQUIRED) The Chula Vista Literacy Team has been awarded $3,500 in Workforce Investment Act 231 grant funds in a late grant award from the California Department of Education. The funds will be used to purchase additional instructional resources to supplement the existing Literacy Program. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 4 A. RESOLUTION NO. 2000-187, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING AN AREA OF "PARKING TIME LIMITED ON CERTAIN STREETS" J STREET BETWEEN THIRD AVENUE AND GARRETT AVENUE, ON THE NORTH SIDE, FOR THE PURPOSE OF IMPROVING PUBLIC SAFETY, IN ACCORDANCE WITH SECTION 10.52.330 OF THE CHULA VISTA MUNICIPAL CODE, THEREBY AMENDING SCHEDULE VI, AS MAINTAINED BY THE CITY ENGINEER IN A REGISTER WHICH LISTS THE STREETS OR PORTIONS THEREOF UPON WHICH THESE PROHffiITIONS ARE IN EFFECT Staff received a letter from the secretary of Treehaven Homeowners Association expressing concern about the vehicles parking along the north side of J Street in front of the Treehaven Condominiums, which are west of Third Avenue. The request was for staff to discourage the nearby supermarket employees from parking their vehicles on the street in this area for the entire day. It was the residents' contention that this area should be, for the most part, kept clear of parked vehicles. (Director of Public Works) Staffrecommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2000-189, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE SUBMITTAL OF AN APPLICATION TO THE DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING (DOR) FOR $48,785 FOR LITTER REDUCTION AND RECYCLING ACTIVITIES AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH EXECUTING THE ACTIVITIES Page 2 - Council Minutes 06/13/2000 CONSENT CALENDAR (Continued) The California Beverage Container Recycling and Litter Reduction Act requires the Division of Recycling to distribute a total of $10.5 million per year to eligible cities and counties for beverage container recycling and litter cleanup activities. Staff included the City's share ($48,785) as revenue in the Fiscal Year 2000/2001 budget. The funds will provide recycling education that will promote curbside residential recycling, provide technical assistance to businesses to expand their commercial recycling efforts, and implement recycling at City facilities and special events. (Special Operations Manager) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar Items 1,2, 4A and 5, headings read, texts waived. The motion carried 4-0, with Deputy Mayor Moot not yet present. 3. RESOLUTION NO. 2000-186, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR THE "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY OF CHULA VISTA, CA FISCAL YEAR 1999-2000 PHASE II (STL-265)" PROJECT AND TRANSFERRING $50,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE COMPLETED OTAY RECREATION CENTER CONSTRUCTION PROJECT (PR-133; 4/5THS VOTE REQUIRED) On April 26, 2000, the Director of Public Works received sealed bids for the construction of sidewalk ramps on various streets for the Fiscal Year 1999-00 Phase II (STL-265)" project. The work to be done consists of the removal of curb, gutter and sidewalk and the construction of pedestrian ramps on various streets in the City. (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton offered Resolution No. 2000-186, heading read, text waived. The motion carried 5-0. 4B. RESOLUTION NO. 2000-188, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING AN AREA OF "PERMIT PARKING IN EXCESS OF TIME LIMITATIONS" ON THE NORTH SIDE OF "J" STREET (BETWEEN THIRD AVENUE AND GARRETT AVENUE, FOR THE PURPOSE OF PROVIDING THE RESIDENTS WITH PERMITS TO PARK IN EXCESS OF THE TIME LIMITATIONS, IN ACCORDANCE WITH SECTION 10.86.010 OF THE CHULA VISTA MUNICIPAL CODE, THEREBY AMENDING SCHEDULE XVI, AS MAINTAINED BY THE CITY ENGINEER IN A REGISTER WHICH LISTS THE STREETS OR PORTIONS THEREOF UPON WHICH THESE PROHIBITIONS ARE IN EFFECT Page 3 - Council Minutes 06/13/2000 CONSENT CALENDAR (Continued) Howard Wilson, 351 J Street, stated that the proposed area covers only the area in front of the condominiums and not in front of his house, which is the only other house on the street. He asked that the area be extended clear to Garrett Avenue. Patrick Barajas, 375 J Street, stated that if the resolution is approved, all the cars will park on the west side of the street, in front of his house. He asked that the police monitor parking on the west side of Garrett. Connie Clark, secretary of the Treehaven condominium homeowners association, stated that the Henry's parking lot has over 100 spaces but its employees park on the street to leave more room for patrons. She asked that the words "and the adjacent dwelling" be added to both resolutions and that the resolutions be amended to include the area on J Street from Third to Fourth Avenue. Polly Marie, 1070 Del Mar, stated that she sympathized with residents, however, the streets are public and the City cannot continue growing without creating additional traffic. Since all citizens pay taxes, they should all receive the benefits. ACTION: Mayor Horton offered Resolution No. 2000-188, heading read, text waived, as amended to include the remainder of J Street. Mayor Horton asked staff to contact Henry's to request that employees park in the Henry's lot. ORAL COMMUNICATIONS Patrick Barajas, 375 J Street, spoke regarding the need for the police to monitor parking along J Street. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 6. CONSIDERATION OF AN AMENDMENT TO CONDITIONS 1 AND 3 OF THE SALT CREEK RANCH TENTATIVE SUBDIVISION MAP, CHULA VISTA TRACT 92-02, AND SECTION 3.2 OF THE SALT CREEK RANCH PUBLIC FACILITIES FINANCING PLAN TO ALLOW AN INCREASE IN THE NUMBER OF DWELLING UNITS THAT MAY BE BUILT PRIOR TO STATE ROUTE 125 FROM OLYMPIC PARKWAY TO STATE ROUTE 54 OPENING FOR PUBLIC ACCESS (PCS 99-06) On May 2, 2000, Council considered a request by Pacific Bay Homes to amend conditions 1 and 3 of the Salt Creek Ranch Tentative Subdivision Map, Chula Vista Tract 92-02 (also known as "Rolling Hills Ranch") and Section 3.2 of the Salt Creek Ranch Public Facilities Financing Plan in order to increase the number of dwelling units that may be built prior to SR-125 freeway opening for public access. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 4 - Council Minutes 06/13/2000 PUBLIC HEARINGS (Continued) Planning & Building Director Leiter discussed the status of approvals of dwelling unit increases in other developments. Senior Civil Engineer AI-Agha provided an analysis of the traffic impacts ofthis project and other developments. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak; there was no response. She then closed the hearing. ACTION: Mayor Horton offered Resolution No. 2000-190, heading read, text waived: RESOLUTION NO. 2000-190, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM ISSUED FOR THIS PROJECT, AND APPROVING AMENDMENT TO CONDITIONS NO. I AND 3 OF THE SALT CREEK RANCH TENTATIVE SUBDIVISION MAP, CHULA VISTA TRACT 92-02, AND SECTION 3.2 OF THE SALT CREEK RANCH PUBLIC FACILITIES FINANCING PLAN TO ALLOW AN INCREASE IN THE NUMBER OF DWELLING UNITS THAT MAY BE BUILT PRIOR TO STATE ROUTE 125 HIGHWAY FROM OLYMPIC PARKWAY TO STATE ROUTE 54 OPENING FOR PUBLIC ACCESS The motion carried 5-0. 7. CONSIDERATION OF AN AMENDMENT TO THE SUNBOW II SECTIONAL PLANNING AREA PLAN - PLANNED COMMUNITY DISTRICT REGULATIONS TO CHANGE THE LAND USE DESIGNATION OF 2.3 ACRES AT THE NORTHEAST CORNER OF MEDICAL CENTER DRIVE AND EAST PALOMAR STREET FROM RESIDENTIAL CONDOMINIUM TO VILLAGE CENTER; AND AMEND THE SUNBOW II DESIGN GUIDELINES TO CHANGE THE ADOPTED "MAIN STREET" PEDESTRIAN VILLAGE COMMERCIAL DESIGN CONCEPT TO A MORE CONTEMPORARY NEIGHBORHOOD COMMERCIAL CENTER DESIGN Kitchell Development Company submitted an application to amend the Sunbow II Sectional Planning Area Plan-Planned Community District Regulations in order to change the land use designation of 2.3 acres at the northeast comer of Medical Center Drive and East Palomar Street from residential Condominium to village center. The applicant also requested an amendment to the Sunbow II Village Center Design Guidelines to change the adopted "Main Street" pedestrian village commercial center design concept to a more contemporary neighborhood commercial center. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response. ACTION: Deputy Mayor Moot moved to continue the hearing to June 20, 2000, as requested by staff. Councilmember Padilla seconded the motion, and it carried 5-0. Page 5 - Council Minutes 06/13/2000 ACTION ITEMS 8. CONSIDERATION OF APPROVAL OF THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2000/2001 INCLUDING BOTH THE FISCAL YEAR 2000/2001 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM BUDGETS; AND CONSIDERATION OF AUTHORIZATION OF REALLOCATING $300,000 FROM PRIOR YEAR CDBG FUNDS TO INCORPORATE IN THE FISCAL YEAR 2000/2001 ENTITLEMENT RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) Council held a public hearing on May 2, 2000 to review and receive public comment on projects and programs being considered for CDBG and HOME funding. The City is eligible to receive $2,033,000 in CDBG entitlement funds from the U.S. Department of Housing and Urban Development (HUD) for fiscal year 2000/2001. In addition to the HUD entitlement, staff has identified $300,000 in prior year CDBG funds that are eligible for reallocation for a CDBG total of $2,333,000. The City is also eligible to receive $846,000 in HOME funds from HUD. Combining both CDBG and HOME entitlements, the City will be able to invest into the community a total of$3,179,000 from these two sources for fiscal year 2000/2001. (Director of Community Development) Anna Castillo, 140 G Street, spoke on behalf of the City swim team, a program that has been in Chula Vista since 1956. She asked permission to file a late application for CDBG funding. Community Development Director Salomone stated that there were extenuating circumstances with regard to the application and that funding for the program could be made available. Sylvia McKinney, representing Suits You San Diego, a first-time CDBG applicant, thanked Community Development staff, the CDBG committee, and the Mayor and Council for their support. ACTION: Councilmember Padilla offered Resolution No. 2000-191, heading read, text waived: RESOLUTION NO. 2000-191, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A) APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2000-2001 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM BUDGETS AND AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND B) AUTHORIZING REALLOCATION OF $300,000 FROM PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO INCORPORATE IN THE FISCAL YEAR 2000-2001 ENTITLEMENT RECEIVED FROM HUD. The motion carried 5-0. Page 6 - Council Minutes 06/13/2000 ACTION ITEMS (Continued) 9. REPORT REGARDING THE DESIGN REVIEW COMMITTEE PROCESS On January 20, 2000, Council conducted a workshop on the Design Review Committee (DRe) process. At the conclusion of the workshop, Council directed staff to return with a proposal for a Design Review process without a formal DRC and a proposal to revamp and improve the existing process. Council also requested that staff provide additional specific information about the existing Design Review process. (Director of Planning and Building) Assistant Planning Director Sandoval summarized the report and recommended that Council direct staff to work toward improving the current Design Review process and return to Council with an action plan and work program in the near future. Patricia Aguilar, representing the DRC, spoke in full support of staffs recommendations as contained in the agenda report. Jerry Livingston, representing the BIA, asked the Council to redesign the role and responsibilities of the DRC. He also suggested that if Council decides to eliminate the DRC, staff should review applications and plans. Guy Asaro, representing The EastLake Company, supported retention of the DRC. Cheryl Mestler, representing the DRC, supported the continuance of the DRC but asked that if the Council instead chose to hire a staff architect, the person should be required to live in Chula Vista. ACTION: Mayor Horton moved to accept the report and support staff recommendations to retain the DRC process, with amendments as outlined on pages 9-4 and 9-5 in the agenda report, and retain the "committee" designation at this time, pending review of the proposed amendments which will be presented in 60 to 120 days. Councilmember Padilla seconded the motion, and it carried 5-0. Mayor Horton asked that DRC agenda packets be delivered to the members on the Thursday (rather than the Friday) prior to its Monday meetings. OTHER BUSINESS 10. CITY MANAGER'S REPORTS A. Scheduling of meetings. City Manager Rowlands noted that the Council will meet with the Planning and Growth Management Oversight Commissions on Thursday, June 15th, at 4:00 p.m. Page 7 - Council Minutes 06/1312000 OTHER BUSINESS (Continued) B. RESOLUTION NO. 2000-192, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING CREATION OF AND PARTICIPATION IN A TASK FORCE TO REVIEW OPERATIONS AND FINANCES OF THE OTA Y WATER DISTRICT At the Council meeting of June 6, 2000, Counci1member John Moot introduced a proposal that the City conduct, or cause to be conducted, a review of the operations and finances of the Otay Water District. The General Manager of Otay Water District has written to the City stating his support of a third party review of the District's operations and finances. (City Manager) Robert Griego, General Manager of the Otay Water District, indicated that the District would cooperate in and support a third-party review. Bill Tripp, 1401 Laurel Avenue, supported the review of operations and finances, stating that as a ratepayer, he would like to be assured that he is being charged a fair rate, comparable to that charged by other districts. John Parengas, 235 Kristin Court, San Diego, supported a detailed review of the District's operations, as well as Board improprieties. Ruben Rodriguez, 1358-1 Serena Circle, president of the Otay Ratepayers Alliance, congratulated the Council on its decision to review District operations on behalf of the ratepayers. ACTION: Deputy Mayor Moot moved (1) to appoint himself and Councilmember Padilla to serve on a joint committee with two Otay Water District Board Members, and a community member chosen by the four elected officials, to oversee the review; 2) to authorize the City Manager and the District General Manager to retain, by mutual agreement, an outside firm to conduct the review in order to expedite a timely review, and (3) to schedule the first meeting of the joint committee during the week beginning June 19th; and he offered Resolution No. 2000-192, heading read, text waived. The motion carried 5-0. 11. MAYOR'S REPORTS Mayor Horton asked staff to present a proposed funding plan within 30 days to beautify three key entryways into the City, E Street at Interstate 5, H Street at Interstate 5, and Main Street at Interstate 805. 12. COUNCIL COMMENTS A. Councilmember Davis - Comments regarding creation of a Chula Vista Auto Park Task Force. Councilmember Davis asked that discussion of this item be postponed to a future meeting. At 9: 13 p.m., Mayor Horton recessed the meeting to Closed Session. Page 8 - Council Minutes 06/13/2000 CLOSED SESSION 13. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee Organizations: Chula Vista Police Officers Association and Local 2180 International Association of Fire Fighters AFL-CIO Instructions were given to the Negotiator. ADJOURNMENT At 9:45 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting on Thursday, June 15,2000, and thence to the Regular Meeting of June 20, 2000. Respectfully submitted, ~d...L~r~ Susan Bigelow, CMC/AAE, City Clerk Page 9 - Council Minutes 06/13/2000 MINUTES OF ADJOURNED MEETINGS OF THE CITY COUNCIL, PLANNING COMMISSION AND GROWTH MANAGEMENT OVERSIGHT COMMISSION OF THE CITY OF CHULA VISTA June 15,2000 4:00 p.m. Adjourned Meetings of the City Council, Planning Commission and Growth Management Oversight Commission of the City of Chula Vista was called to order at 4:10 p.m. in the Council Conference Room located in the Administration Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Councilmembers Davis, Moot, Salas, and Mayor Horton; Growth Management Oversight Commissioners Dull (arriving at 4:42 p.m.), Gray, Munoz, Perez, Garcia, O'Neill, Tripp and Chair Tarantino; and Planning Commissioners Castaneda (arriving at 4:22 p.m.), O'Neill, Cortez, and Chair Willit ABSENT: Councilmember Padilla; Planning Commissioners Hall, Ray and Thomas BUSINESS 1. PUBLIC HEARING ON PCM-00-07, REVIEW AND CONSIDERATION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S (GMOC) 1999 ANNUAL REPORT On April 29, 2000, the GMOC finalized its 1999 Annual Report to the City Council regarding compliance with the City's eleven Quality-of-Life Threshold Standards. The report focuses on the period from July 1, 1998 through June 30, 1999, although issues identified in the second half of 1999 and early 2000 are also included where pertinent. The report discusses each threshold in terms of threshold compliance, key issues, and corresponding recommendations. A summary of the GMOC's recommendations and staffs proposed implementation actions is included. The workshop will give the GMOC an opportunity to discuss its findings and recommendations with the Planning Commission and City Council. Director of Planning and Building Leiter recognized two retiring GMOC members, Walter Fisher and Loren Tarantino and thanked them for their invaluable leadership and service to the City. GMOC Chair Tarantino reviewed the Summary of Findings for each of the eleven quality-of-life threshold standards and summarized the 1999 Annual Report, including the key issues identified by the Commission and the Commission's recommendations to address those issues. Senior Planner Batchelder presented staff s responses to the Commission recommendations. (The recommendations and staff responses are noted in detail in the body of the GMOC 1999 Annual Report.) ACTION: Planning Commission Chair Willit moved to accept the 1999 GMOC Annual Report and recommendations as presented therein and to recommend that the Council do the same. Commissioner Castaneda seconded the motion, and it carried 4-0. ACTION: Deputy Mayor Moot moved to accept the GMOC's 1999 Annual Report and the recommendations contained therein; and to direct staff to undertake actions necessary to implement those recommendations as presented in "1999 GMOC Recommendations/Proposed Implementing Actions Summary." Councilmember Davis seconded the motion, and it carried 4-0. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 5:52 p.m., Mayor Horton adjourned the meeting, with the City Council adjourning to its Regular Meeting of June 20, 2000, and the Planning Commission adjourning to its Regular Meeting of June 28, 2000. Respectfully submitted, -~Lu.~.J 1'1. . Susan Bigel;;: CM~/AAE, City Clerk MINUTES OF A REGULAR MEETNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JUNE 20, 2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07 p.m., in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Padilla, Salas and Mayor Horton (Mayor Horton arrived at 6:30 p.m.) ABSENT: Councilmembers: Deputy Mayor Moot ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE CONSENT CALENDAR (Items 1 through 13) Councilmember Padilla noted that Consent Calendar Items #10 and #12 would be trailed pending the arrival of the Mayor. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on June 13, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 2. RESOLUTION NO. 2000-195, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE AMENDED AND RESTATED PARS (PUBLIC AGENCY RETIREMENT SYSTEM) TRUST AGREEMENT; APPOINTING THE CITY MANAGER OR HIS SUCCESSOR OR DESIGNEE AS THE PLAN ADMINISTRATOR; AUTHORIZING THE PLAN ADMINISTRATOR TO EXECUTE THE ADOPTION OF THE PARS TRUST AGREEMENT; AND, AUTHORIZING THE PLAN ADMINISTRATOR TO TAKE WHATEVER ADDITIONAL ADMINISTRATIVE ACTIONS ARE NECESSARY TO MAINTAIN PARTICIPATION IN PARS The City is currently a member of the Public Agency Retirement System (PARS), which provides the City with an alternate retirement system for part-time, seasonal and temporary employees who are not eligible for participation in PERS. Recently the PARS Trust Administrator informed the City that the legal documents of the PARS Trust Program have been updated in response to several law changes, which have amended the operation of qualified plans. Approval of the Resolution will adopt the amended and Restated Agreement, designate the City's Plan Administrator for PARS, and will confer authority to that designee to take whatever additional actions are required to administer the City's PARS plans. (Director of Human Resources) Staff recommendation: Council adopt the resolution. CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2000-196, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATON OF THE DASH (DYNAMIC AFTER SCHOOL HOURS) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT AND TUTORING FOR CHILDREN) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM; AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU The City entered into a partnership with the Chula Vista Elementary School District in Fiscal Year 1998/1999 to examine and revamp the City's existing after-school program offerings based on individual school needs and priorities. The current MOU between the City and the District, which ends on June 30, 2000, authorizes the operation of the STRETCH program, with its emphasis on literacy and arts enrichment offered at eight district schools. The MOU also served as a launching point for a new, high quality, structured sports and recreation program called DASH, which was offered at 12 elementary school sites. The City and District are now ready to enter into a new MOU for Fiscal Year 2001 with expansion of the DASH program to 14 school sites and continuation ofthe STRETCH Program. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 4. ORDINANCE NO. 2811, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ESTABLISHING A 35 MPH SPEED LIMIT ON LANE AVENUE BETWEEN OTAY LAKES ROAD AND MACKENZIE CREEK ROAD, AND ESTABLISHING A 40 MPH SPEED LIMIT ON LANE AVENUE BETWEEN MACKENZIE CREEK ROAD AND PROCTOR V ALLEY ROAD AND ADDING THESE ROADWAY SEGMENTS TO SCHEDULE X OF A REGISTER MAINTAINED BY THE OFFICE OF THE CITY ENGINEER Based on the provisions of Chapter 7, Article 1 of the California Vehicle Code, and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that, in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Lane Avenue between Otay Lakes Road and Mackenzie Creek Road be established at 35 MPH, and the speed limit on Lane Avenue between Mackenzie Creek Road and Proctor Valley Road be established at 40 MPH. These speed limits will be added to Schedule X of the register maintained in the Office of the City Engineer. (Director of Public Works) Staff recommendation: Council introduce the ordinance for first reading. 5 A. RESOLUTION NO. 2000-197 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING APPOINTMENTS IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) Page 2 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2000-198, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 99-2 (OT A Y RANCH SPA ONE - VILLAGE ONE WEST) C. RESOLUTION NO. 2000-199, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES D. RESOLUTION NO. 2000-200, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A SPECIAL TAX REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) E. RESOLUTION NO. 2000-201, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) F. RESOLUTION NO. 2000-202, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE FUTURE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) G. RESOLUTION NO. 2000-203, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED TO IMPROVEMENT AREA "A" OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT) H. RESOLUTION NO. 2000-204, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO IMPROVEMENT AREA "A" OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) 1. RESOLUTION NO. 2000-205, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "A" THERETO Page 3 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) J. RESOLUTION NO. 2000-206, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE FUTURE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "A" THERETO The Otay Ranch Company has requested the City to conduct proceedings for the formation of Community Facilities District No. 99-2 (CFD No. 99-2). The conditions of approval of the tentative map require that a maintenance district formation be initiated and authorization of a special tax levy approved by Council prior to approval of Village One West's first final "B" map. This district will fund the perpetual operation and maintenance of open space slopes, drainage channels, detention basins, medians and parkways of Village One West in Otay Ranch SPA One. In addition, CFD No. 99-2 district liens will take over the obligations of Village One West with regard to CFD No. 98-1, the Interim Open Space Maintenance District. A Notice of Special Tax Lien Cancellation will be filed 30 days after the CFD No. 99-2 certified vote is approved by the City Council. The City has retained the services of McGill Martin Self, Inc. as special tax consultant and Brown, Diven & Hessell as legal counsel to provide assistance during the proceedings. Approval of the Resolutions will initiate the formal proceedings leading to the establishment ofCFD No. 99-2. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION NO. 2000-207, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR VARIOUS CIP PARK PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Various small CIP park improvement projects were approved by Council under the Capital Improvement Program on June 15, 1999. The current workload of the City's Landscape Architect staff does not permit them to do the required design, construction documents and other related services for the projects. The Public Works Department is requesting Council's approval of an agreement between the City and VanDyke, LLP for landscape architectural services for the Feaster School improvement project, playground renovations at Valle Lindo Park, Los Ninos Park, Tiffany Park, Lancerlot Park, and the renovation of Connoley Park. The design phase will be completed by December 2000. Construction will begin in January 2001. There are sufficient funds appropriated in the respective CIP projects to complete the necessary services for these improvements. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Page 4 - Council Mioutes 06/20/2000 CONSENT CALENDAR (Continued) 7 A. RESOLUTION NO. 2000-208, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "A" MAP NO.2 FOR OTAY RANCH SPA ONE VILLAGE ONE, CHULA VISTA TRACT NO. 96-04A, REJECTING ON BEHALF OF THE PUBLIC, SANTA ANDREA STREET, PASEO RANCHERO AND OLYMPIC PARKWAY; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE LANDSCAPE BUFFER EASEMENTS, THE PUBLIC DRAINAGE AND ACCESS EASEMENTS, THE TRAIL EASEMENTS, THE SIDEWALK EASEMENTS, THE EMERGENCY ACCESS EASEMENTS AND THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST FOR OPEN SPACE LOTS "C", "D", "E", "F", "G", "N" AND "Q" AND LOT "0" FOR PUBLIC PARK PURPOSES B. RESOLUTION NO. 2000-209, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 96-04A, PORTION OF VILLAGE ONE, OTAY RANCH SPA ONE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 4, 1999, Council approved a Tentative Subdivision Map for Chula Vista Tract 96-04A, Otay Ranch SPA One, Village One, Phase 7. Condition No. 14 of the Resolution requires the developer to submit and obtain the approval of the City of a master final map ("A" Map) of the tentative map showing "super block" lots. The "A" map is also required to show the public street dedications and backbone utility easements required to serve the super block lots. All super block lots created are also required to have access to a dedicated public street. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 8. RESOLUTION NO. 2000-210, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]), MAKING THE DETERMINATION THAT SURPLUS FUNDS EXIST FOR SERVICES WITHIN SUCH COMMUNITY FACILITIES DISTRICT AND AUTHORIZING THE REFUND OF SPECIAL TAXES COLLECTED FROM THE UNDEVELOPED PROPERTIES Ayres Land Company has requested that the City consider refunding the special taxes collected from the undeveloped properties for Community Facilities District No. 98-3, an open space maintenance district for the Sunbow II development. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) 9 A. RESOLUTION NO. 2000-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARCEL MAP FOR LOTS 78, 79 AND 90 OF MAP NO. 13919, LOTS 3 AND "H" OF MAP NO. 13884, AND LOT "c" OF MAP 13962, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS FOR PUBLIC SEWER FACILITIES, THE SEWER ACCESS EASEMENTS AND THE EMERGENCY ACCESS EASEMENT AS SHOWN ON SAID MAP WITHIN SAID SUBDVISION, REJECTING ON BEHALF OF THE CITY OF CHULA VISTA THE PEDESTRIAN BRIDGE AND PEDESTRIAN ACCESS EASEMENT AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTERESTS FOR OPEN SPACE AND OTHER PUBLIC PURPOSES AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, VACATING A PUBLIC SEWER EASEMENT GRANTED ON MAP NO. 13884 AND A PEDESTRIAN BRIDGE AND PEDESTRIAN ACCESS EASEMENT GRANTED ON MAP NO. 13962, AND VACATING IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT "H" OF MAP NO. 13884 AND LOT "c" OF MAP NO. 13962 B. RESOLUTION NO. 2000-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT TO AMEND LEGAL DESCRIPTIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION NO. 2000-213, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE- PORTIONS OF VILLAGE ONE, VILLAGE FNE AND VILLAGE ONE WEST) DETERMINING THAT THE SPECIAL TAX FOR SUCH COMMUNITY FACILITIES DISTRICT SHALL CEASE TO BE LEVIED AS TO CERTAIN REAL PROPERTY AND ORDERING THE RECORDATION OF A NOTICE OF SPECIAL TAX LIEN CANCELLATION D. RESOLUTION NO. 2000-214, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH, SPA ONE, VILLAGES ONE AND FIVE]) TO AMEND THE BOUNDARIES OF SPECIAL TAX AREA B OF SUCH COMMUNITY FACILITIES DISTRICT The proposed Parcel Map will adjust the property lines of five existing parcels in the McMillin Otay Ranch project and one parcel owned by Otay Project (no new lots are created). Final planning and design efforts for a proposed condominium project (in the McMillin ownership) require minor adjustments of the surrounding residential and open space lots. In addition, the approved site plan of the condominium project incorporates a Page 6 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) small piece of land currently owned by the Otay Ranch Company. This property will be conveyed to McMillin or their successors in interest upon recordation of the subject Parcel Map ("Exchanged Land"). By approving the proposed map, Council will also vacate certain existing easements and Irrevocable Offers of Dedication of fee interests (lODs) for open space lots within the proposed map and replace them with new easements and IODs in consistency with the new lot configuration. The agreement to amend legal descriptions will remove the Exchanged Land from the land encumbered by several existing Otay Project agreements and will incorporate said property within the land encumbered by certain existing McMillin agreements. Approval of the Resolutions will also cancel the Special Tax lien for Community Facilities District No. 99-1 on the Exchanged Land, and will amend the boundaries of Special Tax Area B of Community Facilities District No. 97-1 to exclude the Exchanged Land. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 11 A. RESOLUTION NO. 2000-217, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP FOR CHULA VISTA TRACT NO. 88-3, EASTLAKE GREENS UNIT 26, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE PUBLIC EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR TRANSPORTATION AND OPEN SPACE PURPOSES AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, REJECTING A PORTION OF EASTLAKE PARKWAY RIGHT-OF-WAY AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, VACATING CERTAIN EXISTING EASEMENTS AS INDICATED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2000-218, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 88-3, EASTLAKE GREENS UNIT 26, REQUIRING THE EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION 17618 AND RESOLUTION 15200 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On July 18, 1989, Council approved the Tentative Subdivision Map for Chula Vista Tract No. 88-3, Eastlake Greens, which included the subject property labeled as Unit R-26. On August 16, 1994, Council approved and imposed Amendments and Conditions on the Master Tentative Subdivision Map (pCS-88-3). Adoption of the resolutions will approve the Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for Unit R-26. This project proposes the creation of 252 condominium units. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 7 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) 13. RESOLUTION NO. 2000-220, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE The proposed Resolution will direct the City Attorney and City Clerk I} to review the City's Conflict of Interest Code on behalf of all staff and designated commissions and boards to determine whether or not amendments are needed and 2} to submit a notice to the Council prior to October 1, 2000, indicating either that amendments are required or that no amendments are necessary. (City Clerk/City Attorney) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Padilla moved to approve staff recommendations and offered Consent Calendar Items #1 through #9, #11 and #13, headings read, texts waived. The motion carried 3-0, with Mayor Horton not yet present. 10 A. RESOLUTION NO. 2000-215, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING THE SECOND CONTRACT AMENDMENT WITH MNA CONSULTING, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 1999-2000 BUDGET BY APPROPRIATING $142,200 TO THE DEPARTMENT OF PLANNING AND BUILDING, FUNDED BY THE AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) Staff recommendation: Council adopt the resolution. B. RESOLUTION NO. 2000-216, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S INFORMAL BIDDING PROCESS, APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 1999-2000 BUDGET BY APPROPRIATING AN ADDITIONAL $25,000 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) In April 1999, MNA Consulting was retained by the City of Chula Vista to draft a revised MSCP Subarea Plan. In February 2000, the Draft Plan was released for public review, and almost 600 individual comments were received. In a City retreat with Resource Agencies on June 22 and 23, 2000, position papers on larger issues will be presented, then the Plan will be re-written to incorporate or address comments received. City staff Page 8 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) has determined that the scope of work for completion of the City's MSCP Subarea Plan has expanded and additional tasks have been identified related to the Plan implementation. Staff recommends that the existing agreement with MNA Consulting be amended to include the expanded scope of work for completion of the Plan and associated implementation tasks. In addition to the environmental consulting on the MSCP, staff requires special legal assistance for the preparation of environmental legal documents. Remy, Thomas and Moose, LLP was contracted initially for this assistance, but the volume of response to public and Resource Agency comments on the draft MSCP has required the use of some contract resources and expanded the initial scope of work. Staff recommends that the existing agreement with Remy, Thomas and Moose be amended to include the expanded scope of work for completion of the Plan and associated implementation tasks. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2000-219, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDITIONAL APPROPRIATION OF $30,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR PROFESSIONAL SERVICES RELATED TO ASSESSING POTENTIAL IMPACTS FROM THE PROPOSED BROWN FIELD CARGO PORT EXPANSION, AND APPROVING THE ADDITION OF THE FUNDING TO THE PROPOSED FISCAL YEAR 1999-2000 BUDGET OF THE DEPARTMENT OF PLANNING AND BUILDING (4/5THS VOTE REQUIRED) On November 24, 1998, Council approved Resolution 19279 appropriating $25,000 for professional services related to assessing potential impacts from the proposed Brown Field Cargo Port Expansion and noise impacts of helicopter flyovers originating from Ream Field. Council has since approved an additional $30,000 for continued professional services. Staff is now requesting that Council appropriate an additional $30,000 for professional services from the available fund balance of the general fund to retain professional services, thereby ensuring professional services and timely responses to future actions by the City of San Diego. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #10 and #12, headings read, texts waived. The motion carried 4-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY ORDINANCE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA Page 9 - Council Minutes 06/20/2000 PUBLIC HEARINGS (Continued) On May 23, 2000, Council approved Urgency Ordinance No. 2809-A, which is effective for 30 days only, amending the Public Facilities Development Impact Fee (PFDIF) Ordinance to increase development impact fees from $2,150 to $2,618 per equivalent dwelling unit, to pay for various public facilities Citywide, and to make a number of other amendments to the Ordinance detailed in "Development Impact Fee for Public Facilities, 1999 Update" presented to Council at the regular meeting on May 23, 2000. The total fee was last reviewed in 1992-1993. Adoption of the proposed Urgency Ordinance 2809-B will enable the City to continue to collect the updated fees during the 60-day waiting period before Ordinance 2810 becomes effective. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing. There being no public comments, the hearing was closed. ACTION: Councilmember Padilla offered the following Urgency Ordinance, heading read, text waived: URGENCY ORDINANCE NO. 2809B, AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY (4/5TH's VOTE REQUIRED) The motion carried 4-0. 15. PUBLIC HEARING TO CONSIDER TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NO. 10 Based upon the advice of the City Attorney, agenda items 15 and 16 were separated from agenda item 17 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this District. The City administers 25 Open Space Districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. The proposed action continues the process for Fiscal Year 2000/2001. On May 23, 2000, Council approved the open space reports on assessments for all existing Open Space Districts and set a public hearing for this date to take testimony on the proposed assessments. A second public hearing is scheduled for July 25, 2000. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and the public hearing was closed. Page 10 - Council Minutes 06/20/2000 PUBLIC HEARINGS (Continued) ACTION: Councilmembers Davis moved to direct staff to return on July 25, 2000 for the second scheduled public hearing. Councilmember Padilla seconded the motion, and it carried 3-0-1, with Councilmember Salas abstaining. 16. PUBLIC HEARING TO CONSIDER TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NO. 14 Based upon the advice of the City Attorney, agenda items 15 and 16 were separated from agenda item 17 due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in this District. The City administers 25 Open Space Districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. The proposed action continues the process for Fiscal Year 2000/2001. On May 23, 2000, Council approved the open space reports on assessments for all existing Open Space Districts and set a public hearing for this date to take testimony on the proposed assessments. A second public hearing is scheduled for July 25,2000. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Joanne Warstler, 1584 Chaparral Drive, expressed concern about the extreme fire danger. She stated that her insurance company had denied her application for homeowners insurance due to the high fire risk and that some residents have tried to create fire breaks in the area Deputy Director of Parks Foncerrada responded that the brush clearance zone, as dictated by the Fire Department, is 25 feet from structures and that he would check behind Ms. Warstler's home to see if the 25-foot clearance had been provided. Ms. Warstler commented that in prior years, the City provided a 30- foot clearance from her property line, not from her house. Mayor Horton stated that the fire clearance issue would require clarification and further discussion. Mr. Foncerrada indicated that he would report back to Council prior to the next hearing. There being no others wishing to speak, Mayor Horton closed the public hearing. ACTION: Councilmember Padilla moved to direct staff to return on July 25, 2000 for the second scheduled public hearing. Councilmember Salas seconded the motion, and it carried 3-0-1, with Councilmember Davis abstaining.3 Page 11 - Council Minutes 06/2012000 PUBLIC HEARINGS (Continued) 17. PUBLIC HEARING TO CONSIDER TESTIMONY OF THE FY 2000/2001 LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1-9, 11, 15, 17, 18,20,23,24,26,31,33, BAY BOULEVARD, TOWN CENTRE AND EASTLAKE MAINTENANCE DISTRICT NO.1 The City administers 25 Open Space Districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. The proposed action continues the process for Fiscal Year 2000/2001. On May 23, 2000, Council approved the open space reports on assessments for all existing Open Space Districts and set a public hearing for this date to take testimony on the proposed assessments. A second public hearing is scheduled for July 25, 2000. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Councilmember Padilla opened the public hearing and asked if anyone from the audience wished to speak. Joanne Warstler, 1584 Chaparral Drive, stated that open space maintenance has occurred mostly in visible areas along public streets, and she expressed concern about fire hazard areas. Councilmember Salas stated that she was concerned about the undergrowth and dead eucalyptus leaves close to property perimeters and homes. She suggested that volunteers be sought to assist with providing preventative maintenance. Mr. Foncerrada responded that staff would contact volunteer groups, such as the Boy Scouts. Mayor Horton arrived at this time. There being no others wishing to speak, Mayor Horton closed the public hearing. ACTION: Councilmember Davis moved to direct staff to return on July 25, 2000 for the second scheduled public hearing. Councilmember Salas seconded the motion, and it carried 4-0. 18. CONSIDERATION OF AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN AND PLANNED COMMUNITY DISTRICT REGULATIONS TO CHANGE THE LAND USE DESIGNATION OF 2.3 ACRES AT THE NORTHEAST CORNER OF MEDICAL CENTER DRIVE AND EAST PALOMAR STREET FROM RESIDENTIAL CONDOMINIUM TO VILLAGE CENTER; AND AMENDMENTS TO THE SUNBOW II DESIGN GUIDELINES TO CHANGE THE ADOPTED "MAIN STREET" PEDESTRIAN VILLAGE COMMERCIAL DESIGN TO A MORE CONTEMPORARY NEIGHBORHOOD COMMERCIAL CENTER DESIGN Page 12 - Council Minutes 06/20/2000 PUBLIC HEARINGS (Continued) Kitchell Development Company has submitted an application to amend the Sunbow II Sectional Planning Area Plan-Planned Community District Regulations in order to change the Land Use Designation of 2.3 acres at the northeast comer of Medical Center Drive and East Palomar Street from Residential Condominium to Village Center. The applicant has also requested an amendment to the Sunbow II Village Center Design Guidelines to change the adopted "Main Street" Pedestrian Village commercial center design concept to a more contemporary neighborhood commercial center. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Planning & Building Department staff presented the proposed project for consideration. Mayor Horton opened the public hearing. There being no public comments, the hearing was closed. ACTION: Mayor Horton offered Resolution No. 2000-221 for adoption and Ordinance No. 2812 for first reading, headings read, texts waived, as follows: RESOLUTION NO. 2000-221, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-00-16 AND MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN AND SUNBOW II DESIGN GUIDELINES TO IMPOSE CONDITIONS AND AMEND THE ADOPTED VILLAGE COMMERCIAL CENTER DESIGN CONCEPT FROM A "MAIN STREET" PEDESTRIAN VILLAGE TO A MORE CONTEMPORARY NEIGHBORHOOD COMMERCIAL CENTER ORDINANCE NO. 2812, AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN - PLANNED COMMUNITY DISTRICTS REGULATIONS, LAND USE DISTRICT MAP TO CHANGE THE LAND USE DESIGNATION OF 2.3 ACRES AT THE NORTHEAST CORNER OF EAST PALOMAR STREET AND MEDICAL CENTER DRIVE FROM RESIDENTIAL CONDOMINIUM TO VILLAGE CENTER The motion carried 4-0. ACTION ITEMS 19. CONSIDERATION OF ESTABLISHING A CONSTRUCTION MANAGE-MENT SERVICES PRIORITY LIST, COMPRISED OF SIX CONSULTING TEAMS, TO BE USED FOR AWARDING DESIGN AND/OR CONSTRUCTION OF CONTRACTS ON FUTURE BUILDING Page 13 - Council Minutes 06/20/2000 ACTION ITEMS (Continued) On April 17, 2000, the Department of Public Works issued a Request for Qualifications (RFQ) for Construction Manager/Constructor Services, requesting statements of qualifications from Construction Managers/Constructors (CMC) qualified to provide the City with proper guidance and assistance in value engineering, construction management and construction services coordination for City capital improvement projects. On May 19,2000, the City received a total of 18 submittals in response to the RFQ. A selection committee appointed by the City Manager has reviewed and ranked the submittals and conducted interviews with the top six consulting teams. The resolution will establish the priority order of the six teams on an official list, which shall remain in effect for three years. (City Manager) ACTION: Mayor Horton offered Resolution No. 2000-222, heading read, text waived, as follows: RESOLUTION NO. 2000-222, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CONSTRUCTION MANAGEMENT SERVICES PRIORITY LIST, COMPRISED OF SIX CONSULTING TEAMS, TO BE USED FOR AWARDING DESIGN AND/OR CONSTRUCTION CONTRACTS ON FUTURE BUILDING The motion carried 4-0. 20. CONSIDERATION OF APPROVAL OF A SECOND AMENDMENT AND RESTATEMENT OF THE EASTLAKE GREENS AFFORDABLE HOUSING AGREEMENT AND REVISIONS TO THE EASTLAKE GREENS AFFORDABLE HOME OWNERSHW PROGRAM The EastLake Greens affordable housing agreement is unique in the method of satisfying the City's affordable housing requirement by providing 130 for-sale units. Typical methods of providing affordable housing opportunities for low-income households have been the production of rental units. The EastLake Greens project will be Chu1a Vista's premier affordable for-sale project located within the EastLake community. A number of benchmarks outlined in the amended agreement approved under Resolution No. 19135 have changed. Adoption of the resolution will approve a second amendment to the EastLake Greens affordable housing agreement and related changes to the EastLake Green affordable housing home ownership program. (Director of Community Development) Senior Community Development Specialist Atwood presented the proposed project. Councilmember Padilla stated that the program must be closely monitored to ensure that the units are available only to those for whom they were intended. ACTION: Councilmember Davis offered Resolution No. 2000-223, heading read, text waived, as follows: Page 14 - Council Minutes ACTION ITEMS (Continued) RESOLUTION NO. 2000-223, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (A) A SECOND AMENDMENT AND RESTATEMENT OF THE EASTLAKE GREENS AFFORDABLE HOUSING AGREEMENT AND (B) THE AFFORDABLE HOUSING IMPLEMENTATION PLAN IN CONJUNCTION WITH THE EASTLAKE GREENS PROGRAM The motion carried 4-0. 21. CONSIDERATION OF APPROVING THE SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR INTERCHANGES WITH INTERSTATE 805 AT TELEGRAPH CANYON ROAD, OLYMPIC PARKWAY AND PALOMAR STREET, PROVIDING FOR ADDITIONAL ENGINEERING DESIGN SERVICES FOR OLYMPIC PARKWAY FROM OLEANDER AVENUE TO BRANDYWINE AVENUE; WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY; AND APPROPRIATING $132,100 IN TRANSPORTATION DEVELOPMENT IMPACT FEES TO PROJECT NO. 24093440 (4/5THS VOTE REQUIRED) On January 23, 1996, Council approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and Palomar Street. Since then, due to additional work requirements by Caltrans, six amendments to this contract have been made. The seventh amendment to the contract will provide for the final design of the sound walls/retaining walls on Olympic Parkway between Oleander Avenue and Brandywine Avenue and for additional drainage, sewer and water design relocation work and right-of-way document and survey work related to this work. The design includes preparation of plans, specifications and estimate, modification of the existing project study report, project report and environmental documents for said segment of Olympic Parkway, and the amendment allows for reimbursable expenses incurred in the completion of this work. (Director of Public Works) ACTION: Mayor Horton offered Resolution No. 2000-224, heading read, text waived, as follows: RESOLUTION NO. 2000-224, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES WITH INTERSTATE 805 AT TELEGRAPH CANYON ROAD, OLYMPIC PARKWAY AND PALOMAR STREET PROVIDING FOR ADDITIONAL ENGINEERING DESIGN SERVICES FOR OLYMPIC PARKWAY FROM OLEANDER AVENUE TO BRANDYWINE AVENUE; WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY; AND APPROPRIATING $132,100 IN TRANSPORTATION DEVELOPMENT IMPACT FEES TO PROJECT NO. 24093440 The motion carried 4-0. Page 15 - Council Minutes 06/20/2000 ACTION ITEMS (Continued) 22. CONSIDERATION OF APPROVING AN AGREEMENT WITH MCGILL MARTIN SELF, INC., FOR THE PROVISION OF PROJECT MANAGEMENT SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK SEWER Due to the current pace of development in the "Eastern Territories," the City has identified the need to complete a major trunk sewer facility within the next 18 months to serve the developments within the Salt Creek and Wolf Canyon basins. It is the City's intention to begin the construction of this trunk sewer by January 2001 and have the system operational by January 2002. The City sought a qualified consultant, with similar work experience, to assist City staff in the construction and environmental process for this project. (Director of Public Works) ACTION: Mayor Horton offered Resolution No. 2000-225, heading read, text waived, as follows: RESOLUTION NO. 2000-225, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MCGILL MARTIN SELF, INC., FOR THE PROVISION OF PROJECT MANAGEMENT SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK SEWER The motion carried 4-0. 23. CONSIDERATION OF APPROVING A SECOND AMENDMENT TO THE CONTRACT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU SERVICES; AND APPROVING SIXTH AMENDMENT TO THE CONTRACT WITH THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE; AND RESOLUTION APPROVING THE FISCAL YEAR 2000/2001 BUDGET FOR THE CHULA VISTA CONVENTION AND VISITOR BUREAU AND VISITORS INFORMATION CENTER According to Council Policy No. 230-01, each year the Council considers a budget and related contract for the Chula Vista Visitors and Convention Bureau. The budget and contract for operation of the Chula Vista Visitor Information Center also receives yearly approval. (Public Information Officer) ACTION: Councilmember Padilla offered Resolution Nos. 2000-226, 2000-227 and 2000- 228, headings read, texts waived: A. RESOLUTION NO. 2000-226, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENT TO THE CONTRACT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU SERVICES Page 16 - Council Minutes 06/20/2000 ACTION ITEMS (Continued) B. RESOLUTION NO. 2000-227, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SIXTH AMENDMENT TO THE CONTRACT WITH THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE C. RESOLUTION NO. 2000-228, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2000/2001 BUDGET FOR THE CHULA VISTA CONVENTION & VISITOR BUREAU AND VISITORS INFORMATION CENTER The motion carried 4-0. OTHER BUSINESS 24. CITY MANAGER'S REPORTS There were none. 25. MAYOR'S REPORTS A. ACTION: B. ACTION: ACTION: ACTION: Ratification of appointment to the Economic Development Commission - Daniel Munoz. Mayor Horton moved to ratify the appointment of Mr. Munoz to the Economic Development Commission. Councilmember Salas seconded the motion, and it carried 4-0. Ratification of appointment to the Economic Development Commission - Carl Nelson. Mayor Horton noted that Dr. Nelson would be contacted by Councilmember Padilla to schedule an interview. C. Ratification of appointment to the Board of Ethics - Harold Dill Mayor Horton moved to ratify the appointment of Mr. Dill to the Board of Ethics. Councilmember Salas seconded the motion, and it carried 4-0. D. Ratification of appointment to the Board of Ethics - Carmen Quintana Mayor Horton indicated that Ms. Quintana had declined the appointment. Mayor Horton thanked all those involved in organizing the Ken Lee Memorial Golf Tournament held on June 19,2000. Page 17 - Council Minutes 06/20/2000 26. COUNCIL COMMENTS Councilmember Davis conveyed her condolences to the family of former Councilmember and Port Commissioner Bob Campbell upon his passing away. Councilmember Padilla also expressed condolences to Mr. Campbell's family and wished everyone a safe and enjoyable Fourth of July holiday. CLOSED SESSION 27. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b ) . One Case Instructions were given to Counsel. ADJOURNMENT At 8:35 p.m., Mayor Horton adjourned the meeting to July 11,2000. Respectfully submitted, ~ .J I J..tL-L~Or-f D~ ) Susan Bigelow, CMC/AAE, City Clerk Page 18 - Council Minutes 06/20/2000 MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA November 30, 1999 6:00 p.m. An Adjourned Meeting of the Redevelopment Agency of the City ofChula Vista was called to order by Chair Horton at 8:27 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL PRESENT: Agency Members Davis, Moot, Padilla, Salas, Chair Horton ABSENT: Agency Members: None CONSENT CALENDAR 2. RESOLUTION NO. 1650, APPROVING AN AMENDED AND RESTATED OWNER PARTICIPATION AGREEMENT WITH THE GREENWALD COMPANY FOR THE DEVELOPMENT OF 76,885 SQUARE-FOOT BUILDING AT 690 OXFORD STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA On September 22, 1998, the Agency approved an Owner Participation Agreement (OPA) with the Greenwald Company for the development of a 76,885 square-foot building at 690 Oxford Street. The project is complete and is being occupied by the County of San Diego. The developer is in the process of obtaining permanent financing for the project and is proposing to make changes to some of the provisions in the OP A in order to expedite the lending process. The modifications are not substantial and will not affect the purpose and intent of the OPA. ACTION: Chair Horton offered the Consent Calendar, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 3. EXECUTNE DIRECTOR'S REPORTS There were none. 4. CHAIR'S REPORTS There were none. OTHER BUSINESS (Continued) 5. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 8:34 p.m., Chair Horton adjourned the meeting to the Regular Meeting of December 7, 1999, at 4:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~d...Ll~J ~. ) Susan Bigelow, CMC/ AAE, City Clerk Page 2 - RDA Minutes 11/30/99 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND ADJOURNED MEETINGS OF THE HOUSING AUTHORITY AND CITY COUNCIL OF THE CITY OF CHULA VISTA December 7, 1999 4:00 p.m. A Regular Meeting of the Redevelopment Agency and Adjourned Meetings of the Housing Authority and City Council of the City ofChu1a Vista were called to order by Mayor/Chair Horton at 5:15 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Council/Agency/Authority Members Davis, Moot, Padilla, Salas, and Mayor/Chair Horton ABSENT: Council/Agency/Authority Members: None 2. APPROVAL OF MINUTES FOR JUNE 29, 1999 (HOUSING AUTHORITY) ACTION: Mayor/Chair Horton moved to approve the Housing Authority minutes of June 29, 1999 . Council/Agency Member Davis seconded the motion, and it carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. CITY COUNCIL CONSIDERATION OF THE ISSUANCE OF TAX EXEMPT 'OBLIGATIONS WITH RESPECT TO THE PROPOSED PEARTREE APARTMENT ACQUISITION AND REHABILITATION PROJECT A) HOUSING AUTHORITY RESOLUTION REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS FOR THE PEARTREE APARTMENT ACQUISITION AND REHABILITATION PROJECT B) COUNCIL RESOLUTION APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTI-FAMILY HOUSING REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR THE PEARTREE APARTMENT ACQUISITION AND REHABILITATION PROJECT Notice ofthe hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. PUBLIC HEARINGS (Continued) Community Development Director Salomone explained the project and requested actions. Mayor/Chair Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response. She then closed the hearing. ACTION: Mayor/Chair Horton offered Housing Authority Resolution No. HA-Il Regarding Its Intention to Issue Tax Exempt Obligations for the Peartree Apartment Acquisition and Rehabilitation Project; and Council Resolution No. 19706, Resolution of the City Council of the City of Chula Vista Approving the Issuance, Sale and Delivery of Multi-Family Housing Revenue Bonds by the Housing Authority of the City of Chula Vista for the Peartree Apartment Acquisition and Rehabilitation Project, headings read, texts waived. The motion carried 5-0. 4. JOINT RESOLUTION APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE WILSON GROUP, THE CITY OF CHULA VISTA, AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FOR THE REMAINDER OF THE 2000 LEGISLATIVE SESSION, AND AUTHORIZING THE MAYOR/CHAIR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA AND REDEVELOPMENT AGENCY Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Intergovernmental Affairs Coordinator Kelly presented the item to the Council. Mayor/Chair Horton opened the hearing and asked if anyone from the audience wished to speak. There was no response. She then closed the hearing. ACTION; Mayor/Chair Horton offered Council Resolution No. 19707 and Redevelopment Agency Resolution No. 1655, Resolution of the City Council and the Redevelopment Agency of the City of Chula Vista Approving the Second Amendment to the Agreement Between the Wilson Group, the City of Chula Vista, and the Redevelopment Agency of the City of Chula Vista for the Remainder of the 2000 Legislative Session, and Authorizing the Mayor/Chair to Execute Said Agreement on Behalf of the City of Chula Vista and Redevelopment Agency, heading read, text waived. The motion carried 5-0. 5. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 5:35 p.m., Mayor/Chair Horton adjourned the meeting to the Regular Meeting of December 14, 1999, immediately following the City Council meeting. Respectfully submitted, A =- " td.L.~R'JJl ~. ) Susan Bigelow, CMC/AAE, City Clerk Page 2 - Counci1/RDA/Housing Authority Minutes 12/07/99 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL, THE HOUSING AUTHORITY AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA December 14,1999 6:00 p.m. Adjourned meetings of the City Council, the Housing Authority and the Redevelopment Agency of the City of Chula Vista were called to order at 6:52 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency/Council/Authority Members Davis, Moot, Padilla, Salas, Chair/Mayor Horton ABSENT: Agency/Council/Authority Members: None CONSENT ITEMS (Items 2 through 3) 2. AGENCY RESOLUTION NO. 1657 AND COUNCIL RESOLUTION NO. 19724, JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING 1998-1999 BLIGHT PROGRESS REPORT In 1998, the State Legislature adopted changes to the reporting requirements of local Redevelopment Agencies requiring the annual adoption of Blight Progress Reports (Health and Safety Code ~ 33080. 1 (d). This is the first fiscal year in which these reports are due to the State Controller. The reports are in the form of a summary record of "major projects and expenditures" undertaken to eliminate blight in adopted redevelopment project areas. (Director of Community Development) Staff recommendation: The Agency and City Council adopt the resolution. 3. AGENCY RESOLUTION NO. 1658 APPROVING A CONTRACT WITH ECONOMICS RESEARCH ASSOCIATES AND TUCHSHER DEVELOPMENT ENTERPRISES TO PROVIDE CONSULTING SERVICES FOR DOWNTOWN BUSINESS RECRUITMENT STRATEGY AND IMPLEMENTATION In July 1999, the Agency issued a Request for Proposals (RFP) for the development of a comprehensive business recruitment strategy and recruitment services for the Town Centre I Redevelopment Project Area. The RFP generated a total of eight proposals following distribution to over 100 consulting firms. Interviews of the eight respondents were conducted by a panel that included representatives from the Town Centre Project Area Committee, the Downtown Business Association, and the Community Development Department's Economic Development and Redevelopment Divisions. The selection panel unanimously recommended selection of the Economics Research Associates (ERA) and Tuchscher Development Enterprises team. (Director of Community Development) Staff recommendation: The Agency adopt the resolution. ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING: CITY COUNCIL CONSIDERATION OF THE ISSUANCE OF TAX EXEMPT OBLIGATIONS BY THE HOUSING AUTHORITY WITH RESPECT TO SALT CREEK VILLAS AFFORDABLE HOUSING PROJECT A. HOUSING AUTHORITY RESOLUTION NO. HA-12 REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS FOR SALT CREEK VILLAS B. COUNCIL RESOLUTION NO. 19725 APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTI-FAMILY HOUSING REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR SALT CREEK VILLAS The City has received a request from Chelsea Investment Corporation to issue an $8,000,000 Tax Exempt Multi-Family Revenue Bond to finance a proposed ISO-unit rental housing project, with a minimum of 40 percent of the units to be affordable to low income households. The project is to be known as "Salt Creek Villas," located west of the Olympic Training Center on Olympic Parkway within the EastLake II and III subdivisions of eastern Chula Vista. The City Council is being asked to hold a public hearing on the question of whether the Housing Authority should issue tax-exempt bonds for the financing of the project. Additionally, it is requested that the Housing Authority adopt a resolution expressing its preliminary intention to issue bonds and the Council adopt a resolution authorizing the issuance, sale and delivery of the bonds by the Authority. The requested actions are preliminary and do not commit the Authority to issue the bonds or to provide other fmancial assistance. Such preliminary actions are necessary in order to allow the project developer to submit an application to the State bonding authority. (Director of Community Development) Notice ofthe hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Authority/Agency/Council Member Salas asked Staff to ensure that adequate public transportation would be made available to the project. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the public hearing. ACTION: Deputy Mayor/ Agency/Authority Member Moot offered Housing Authority Resolution No. HA-12, Resolution of the Housing Authority of the City ofChula Vista regarding its Intention to Issue Tax-Exempt Obligations for Salt Creek Villas; and Council Resolution No. 19725, Resolution of the City Council of the City of Chula Vista Approving the Issuance, Sale and Delivery of Multifamily Housing Revenue Bonds of the Housing Authority of the City ofChula Vista for Salt Creek Villas, headings read, texts waived. The motion carried 5-0. Page 2 - CouncillRDAlHousing Authority Minutes 12/14/99 ACTION ITEMS 5. AGENCY RESOLUTION NO. 1659 AND COUNCIL RESOLUTION NO. 19726, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CONCEPTUAL FINANCIAL PLAN FOR THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND AUTHORIZING STAFF TO ASSEMBLE A FINANCIAL TEAM AND RELATED CONTRACTS AND DOCUMENTS TO PROCEED In May 1999, the Council and the Agency secured the services of Rod Gunn Associates (RGA) to analyze the Agency's fiscal condition. RGA is recommending a two-phased financial plan to meet specific Agency financial objectives. Phase I proposes the issuance of tax-exempt bonds from the Otay Valley Road, Town Centre II and Southwest Project Areas to be used to repay some inter-fund loans, eliminate existing fund balance deficits in the Bayfront/Town Centre I and Southwest project areas, and provide funding for future Agency projects in order to take advantage of the development opportunities in the current growth economy. Phase II contemplates a financial merger of all of the project areas and subsequent issuance of more bonds before 2004, which is the last year to incur debt in the original areas of Bayfront/Town Centre I, Town Centre II and Otay Valley Road. Phase II is not recommended at this time since the tax increment revenue picture in the Bayfront project area is unclear. (Director of Community Development, Finance Director) Community Development Director Salomone presented the background of the Agency, the objectives of the Financial Plan, and recommended that the Council and Agency adopt the resolution and authorize Staff to assemble a financial team and related contracts and documents in order to proceed. ACTION: Chair/Mayor Horton offered Agency Resolution No. 1659 and Council Resolution No. 19726, Joint Resolution ofthe City Council and the Redevelopment Agency of the City of Chula Vista Approving a Conceptual Financial Plan for the Redevelopment Agency of the City of Chula Vista and Authorizing Staff to Assemble a Financial Team and Related Contracts and Documents to Proceed, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none. 7. MAYOR'S/CHAIR'S Reports There were none. 8. AGENCY/AUTHORITY/COUNCIL MEMBER COMMENTS There were none. At 7:25 p.m., Chair/Mayor Horton recessed the meeting to Closed Session. Page 3 - CouncillRDAlHousing Authority Minutes 12/14/99 CLOSED SESSION 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Agency-owned parcels at the northwest comer of Third Avenue and H Street Negotiating parties: Redevelopment Agency (Chris Salomone) and Chrismatt Corporation, a California Corporation, dba Pieri Company (James V. Pieri) Under Negotiation: Price and terms for disposition/acquisition Instructions were given to the Negotiator. 10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c), INITIATION OF LITIGATION One case Instructions were given to Counsel. ADJOURNMENT At 8:50 p.m., Chair/Mayor Horton adjourned the meeting. Respectfully submitted, -~W,tLL~ Susan Bigelow, CMC/ AAE, City Clerk Page 4 - Council/RDAlHousing Authority Minutes 12/14/99 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 4, 2000 4:00 p.m. A Regular Meeting of the Redevelopment Agency and an Adjourned Regular Meeting of the City Council of the City ofChula Vista were called to order by Chair/Mayor Horton at 4:37 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, Chair Horton ABSENT: Agency/Council Members: None ACTION ITEMS 2. AGENCY RESOLUTION NO. 1656 AND CITY COUNCIL RESOLUTION NO. 2000- 010, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE FY 1999-00 BUDGETS FOR THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA TO ADD TWO COMMUNITY DEVELOPMENT SPECIALIST POSITIONS AND CONVERT A TEMPORARY, GRANT-FUNDED "BUSINESS RETENTION SPECIALIST" POSITION TO A COMMUNITY DEVELOPMENT SPECIALIST II AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Community Development Department will assume a prominent lead role in several important, high profile, comprehensive efforts over the next few years, including the General Plan update for western Chula Vista, a City-wide Economic Development Strategy, the Business Response Team, and implementation of the Agency Financial Plan. The current growth economy will present the City and the Redevelopment Agency with tremendous opportunities, for both the short and long terms, to ensure that Chula Vista will have a strong, diversified and thriving local economy. Currently, the Department has a heavy project workload that requires a high level of project management/negotiation expertise, as well as a number of other high profile pending projects, including Crystal Bay, the auto park and water park expansions, EastLake Business Park, and various affordable housing negotiations. The Department is looking at reorganizing project management responsibilities and believes that additional staff are necessary in order to accomplish these goals. (Community Development Director) Community Development Director Salomone explained the proposed reorganization. ACTION: Mayor/Chair Horton offered Agency Resolution No. 1656 and Council Resolution No. 2000-010, headings read, texts waived. The motion carried unanimously. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none. 7. CHAIR'S REPORTS There were none. 8. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 4:40 p.m., Chair/Mayor Horton adjourned the City Council to its Regular Meeting to be held on January 11, 2000; and the Redevelopment Agency to an Adjourned Meeting to be held on January 11,2000, immediately following the City Council meeting. Respectfully submitted, ~Lu.&.-u~t~ Susan Bigelow, CMC/ AAE, City Clerk Page 2 - Counci1!RDA Minutes 01104/2000 MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA January 11,2000 6:00 p.m. An Adjourned Meeting of the Redevelopment Agency of the City of Chula Vista was called to order by Deputy Chair Moot at 6:19 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency Members Davis, Moot, Padilla, and Salas ABSENT: Chair Horton ORAL COMMUNICATIONS There were none. ACTION ITEMS 2. AGENCY RESOLUTION CONDITIONALLY APPROVING FINANCIAL ASSISTANCE IN THE FORM OF A RESIDUAL RECEIPT LOAN FROM THE LOW AND MODERATE INCOME HOUSING FUND IN AN AMOUNT NOT-TO-EXCEED $1,387,152 TO CHELSEA INVESTMENT CORPORATION FOR THE ACQUISITION AND REHABILITATION OF PEAR TREE MANOR APARTMENTS (4/5THS VOTE REQUIRED) ACTION: Agency Member Davis moved to continue this item to January 18, 2000. Agency Member Padilla seconded the motion, and it carried 4-0. OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. 4. CHAIR'S REPORTS There were none. 5. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 6:26 p.m., Deputy Chair Moot adjourned the meeting to the Regular Meeting of January 18, 2000. Respectfully submitted, ~ "ilU..~C(~ Susan Bigelow, CMC/AAE, City Clerk MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 18,2000 6:00 p.m. A Regular Meeting of the Redevelopment Agency and an Adjourned Meeting of the City Council of the City of Chula Vista were called to order by Chair/Mayor Horton at 7:25 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Council Members: None CONSENT ITEMS 2. AGENCY RESOLUTION NO. 1660 AND /COUNCIL RESOLUTION NO. 2000-022, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE ASSESSMENT DISTRICT NO. 90-2 REIMBURSEMENT AGREEMENT PROVIDING FOR REPAYMENT TO THE AGENCY OF AN OUTSTANDING $440,087 LOAN On March 9,1993, the City/Agency entered into an agreement with the Darling Delaware Company that deferred payment of the assessment fees for their property located on Otay Valley Road. The deferral was granted due to ongoing efforts to clean up the property and the resulting limitations on developability and sale of the property. The Agency loaned to Darling Delaware the assessment fee that was to be repaid to the Agency upon development or sale. In December 1999, Darling Delaware sold the property to LandBank. LandBank will, in turn, be selling the property to the end user, Investment Development Services (IDS). The property is presently in escrow, with the transaction scheduled to close in March 2000. LandBank has requested a deferral of the fees until after IDS closes the property. IDS has agreed to pay the assessment district fees after they purchase the property. (Community Development Director) ACTION: Chair/Mayor Horton offered Agency Resolution No. 1660 and Council Resolution No. 2000-022, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. ACTION ITEMS 3. AGENCY RESOLUTION NO. 1661, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE IN THE FORM OF A RESIDUAL RECEIPT LOAN FROM THE LOW AND MODERATE INCOME HOUSING FUND IN AN AMOUNT NOT-TO-EXCEED $1,387,152 TO CHELSEA INVESTMENT CORPORATION FOR THE ACQUISITION AND REHABILITATION OF PEAR TREE MANOR APARTMENTS (4/5THS VOTE REQUIRED; CONTINUED FROM THE MEETING OF JANUARY 11, 2000) On December 7, 1999, the Council and Housing Authority held a public hearing to consider the issuance of tax-exempt obligations to finance the Chelsea Investment Corporation (Chelsea) acquisition and rehabilitation of a 119-unit complex known as Pear Tree Manor, located at 1025 Broadway. Chelsea is in the process of preparing an application for an allocation of the 2000 state ceiling on private activity bonds for multi- family rehabilitation projects from the California Debt Limit Allocation Committee (CD LAC). The application process is competitive and needs to demonstrate readiness to complete the project and strong support from the community. Staff has reviewed Chelsea's most recently submitted pro forma, which indicates an approximate financing gap of$I,387,152. Staffrecommends approval of the resolution in order for Chelsea to submit an application to CDLAC by the February 15, 2000 deadline. (Community Development Director) Housing Coordinator Arroyo presented the item to Council. James Schmid, representing Chelsea Investment Corporation, spoke regarding the financing and stated that the company intends to upgrade the property and existing units. ACTION: Chair/Mayor Horton offered Agency Resolution No. 1661, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 4. DIRECTOR'S REPORTS There were none. 5. CHAIRS REPORTS There were none. 6. AGENCY MEMBER COMMENTS There were none. At 7:49 p.m., Chair/Mayor Horton recessed the meeting to Closed Session Page 2 - Counci1/RDA Minutes 01/18/00 CLOSED SESSION 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Agency-owned parcels at the northwest corner of Third Avenue and H Street Negotiating parties: Redevelopment Agency (Chris Salomone) and Chrismatt Corporation, a California Corporation, dba Pieri Company (James V. Pieri) Under Negotiation: Price and terms for disposition/acquisition Instructions were given to the Negotiator. 8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: I) 565-010-30 and 567-011-05 2) 567-010-28 3) 567-011-01,565-01-12, 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 5) 565-310-09, 565-310-25 6) 567-011-04 7) 567-010-18 8) 567-010-19 9) 567-021-32 Midbayfront Bayfront Park SDG&E ROW 96.57 acres 4.94 acres 9.8 acres(appx) SD&AE ROW 2.3 acres(appx) Street Merziotis 6.35 acres Marina Motor Hotel 1.0 acres Cappos 2.01 acres Shangri La 2.73 acres Lagoon Drive Park 1.14 acres Negotiating Parties: Redevelopment Agency/City ofChula Vista (Chris Salamone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition This item was not discussed. ADJOURNMENT At 9:50 p.m., Chair/Mayor Horton adjourned the meetings to a Regular Meeting of the City Council and an Adjourned Meeting of the Redevelopment Agency to be held January 25,2000. Respectfully submitted, - ;lUc!1..LJ~ fJ It"> ~ Susan Bigelow, CMC/AAE, City Clerk Page 3 - Counci1/RDA Minutes 01/18/00 MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA JANUARY 25, 2000 6:00 P.M. An Adjourned Regular Meeting of the Redevelopment Agency of the City of Chula Vista was called to order by Chair Horton at 8:45 p.m. in the Council Chambers, located in the Public Services Building 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency Members Davis, Moot, Padilla, Salas, and Chair Horton ABSENT: Agency Members: None ORAL COMMUNICATIONS There were none. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. At 9:00 p.m., Chair Horton recessed the meeting to Closed Session CLOSED SESSION 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: I) 565-010-30 and 567-011-05 2) 567-010-28 3) 567-011-01,565-01-12, 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 5) 565-310-09, 565-310-25 6) 567-011-04 7) 567-010-18 8) 567-010-19 9) 567-021-32 Midbayfront Bayfront Park SDG&E ROW 96.57 acres 4.94 acres 9.8 acres(appx) SD&AE ROW 2.3 acres(appx) Street Merziotis 6.35 acres Marina Motor Hotel 1.0 acres Cappos 2.01 acres Shangri La 2.73 acres Lagoon Drive Park 1.14 acres CLOSED SESSION (Continued) Negotiating Parties: Redevelopment Agency/City ofChula Vista (Chris Salomone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition Instructions were given to the negotiator. Instructions were given to the negotiator. ADJOURNMENT At 9:55 p.m., Chair Horton adjourned the meeting to the Regular Meeting of February 1, 2000. Respectfully submitted, ~lU-~,?:J I(J , Susan Bigelow, CMC/AAE, City Clerk Page 2 - RDA Minutes 01/25/00 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FEBRUARY 15,2000 6:00 P.M. A Regular Meeting of the Redevelopment Agency and an Adjourned Regular Meeting of the City Council of the City of Chula Vista were called to order by Chair/Mayor Horton at 6:26 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Council Members: None CONSENT CALENDAR 2. AGENCY RESOLUTION NO. 1662 AND COUNCIL RESOLUTION NO. 2000-061, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWF;EN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA SELECTING SITE #1 AS THE PRIMARY SITE UNDER CONSIDERATION FOR THE LOCATION AND CONSTRUCTION OF A SOUTH BAY PUMP STATION NECESSARY TO THE METROPOLITAN SEWERAGE SYSTEM The City of San Diego's Metropolitan Wastewater Department (MWWD) is responsible for the Metropolitan Sewage System (Metro), which handles the wastewater of the City of San Diego and IS member agencies, including the City of Chula Vista. MWWD is developing additional sewerage capacity to serve the South County and needs to develop a purnp station in the vicinity of State Route 54 and Interstate 5. MWWD and the City have worked cooperatively to develop a Memorandum of Understanding that commits both parties to work towards the mutual goal of siting a pump station compatible with Metro's needs and Chula Vista's redevelopment efforts. Staff recommendation: The Agency/Council adopt the resolution. 3. ACCEPTANCE OF REPORT: AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 1999 The Audited Financial Statements for the fiscal year ended June 30, 1999, as prepared by the independent audit firm of Calderon, Jaham & Osborn, was presented for information and acceptance. Both the City's and the Agency's Annual Financial Reports received unqualified (clean) opinions from the independent audit firm. Staff recommendation: The Agency/Council accept the report. ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. CLOSED SESSION 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1) 565-010-30 and 567-011-05 2) 567-010-28 3) 567-011-01,565-01-12, 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 5) 565-310-09, 565-310-25 6) 567-011-04 7) 567-010-18 8) 567-010-19 9) 567-021-32 Midbayfront Bayfront Park SDG&E ROW 96.57 acres 4.94 acres 9.8 acres(appx) SD&AE ROW 2.3 acres(appx) Street Merziotis 6.35 acres Marina Motor Hotel 1.0 acres Cappos 2.01 acres Shangri La 2.73 acres Lagoon Drive Park 1.14 acres Negotiating Parties: Redevelopment Agency/City ofChula Vista (Chris Salamone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition Closed Session was cancelled, and the above item was not discussed. ADJOURNMENT At 6:29 p.m., Chair/Mayor Horton adjourned the meeting to the Adjourned Regular Meeting to be held on February 22, 2000, at 6:00 p.m. Respectfully submitted, ~d...Lr~g-~ Susan Bigelow, CMC/ AAE, City Clerk Page 2 - Council/RDA Minutes 02/15/00 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 19, 2000 8:00 a.m. An Adjourned Meeting of the City Council of the City ofChula Vista was called to order at 8:16 a.m. in the Council Conference Room located in the Administration Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: None. ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny 2. WORKSHOP ESTABLISHING A VISION AND DIRECTION FOR THE CITY OF CHULA VISTA Consultant Gary Winters and Manager of Organizational Development and Training Dawn Benteima worked with the Council to establish a vision, mission and core values for the City of Chula Vista. No action was taken by the Council at this meeting. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 11 :44 a.m., Mayor Horton adjourned the meeting to the Regular Meeting to be held at 6:00 p.m. on February 22, 2000, thence to an Adjourned Meeting with the Redevelopment Agency to be held immediately following the Regular Meeting, at 6:00 p.m, thence to an Adjourned Meeting to be held in the Council Conference Room immediately following the joint meeting with the Redevelopment Agency, and thence to an Adjourned Regular Meeting to be held on February 29, 2000, at 6:00 p.m. Respectfully submitted, ~6-L~E:- d L). ) Susan Bigelow, CMC/ AAE, City Clerk MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FEBRUARY 22, 2000 6:00 P.M. Adjourned Regular Meetings oftlie City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 7:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and ChairIMayor Horton ABSENT: Agency/Council Members: None CONSENT CALENDAR 2. AGENCY RESOLUTION NO. 1663 AND COUNCIL RESOLUTION NO. 2000-067, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BID REQUIREMENTS AND AWARDING A PURCHASE AGREEMENT TO SAFEW A Y SIGNS FOR THE MANUFACTURE AND INSTALLATION OF CALTRANS SIGNS FOR MAIN STREET AND AUTO PARK DRIVE On October 5, 1999, the Council and Redevelopment Agency approved changing the name ofOtay Valley Road to Main Street from west ofInterstate 805 easterly to SR-125, with an overlay of Auto Park Drive from Interstate 805 easterly to Brandywine. City staff and CaITrans intend to have the signs installed by mid-April 2000. Safeway Sign Company is the sole vendor used by CalTrans for the manufacturing of their signs. (Community Development Director) Staff recommendation: The Council/Agency adopt the resolution. ACTION: ChairIMayor Horton offered the Consent Calendar, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. OTHER BUSINESS (Continued) 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. At 7: 1 0 p.m., Chair/Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1) 565-010-30 and 567-011-05 2) 567-010-28 3) 567-011-01,565-01-12, 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 5) 565-310-09, 565-310-25 6) 567-011-04 7) 567-010-18 8) 567-010-19 9) 567-021-32 Midbayfront Bayfront Park SDG&E ROW 96.57 acres 4.94 acres 9.8 acres(appx) SD&AE ROW 2.3 acres(appx) Street Merziotis 6.35 acres Marina Motor Hotel 1.0 acres Cappos 2.01 acres Shangri La 2.73 acres Lagoon Drive Park 1.14 acres Negotiating Parties: Redevelopment Agency/City ofChula Vista (Chris Salomone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition No action was taken. ADJOURNMENT At 7:40 p.m., Chair/Mayor Horton adjourned the Council to a workshop in the Council Conference Room and the Redevelopment Agency to the Regular Meeting of March 7, 2000. Respectfully submitted, - -=lua-u'=.:;.tJ.(Po ) Susan Bigelow, CMC/AAE, City Clerk Page 2 - Council/RDA Minutes 02/22/2000 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MARCH 16,2000 4:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order by Mayor/Chair Horton at 4:08 p.m, in the Council Conference Room, located in the Administration Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas and Chair/Mayor Horton (Councilmember Salas arrived at 4:26 p.m.) ABSENT: Agency/Council Members: None ALSO PRESENT: City Manager Rowlands, Assistant City Attorney Googins, City Clerk Bigelow 2. WORKSHOP TO DISCUSS A CONCEPTUAL FINANCIAL PLAN FOR THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND AUTHORIZE STAFF AND THE AGENCY FINANCIAL TEAM TO PREPARE THE RELATED DOCUMENTS TO PROCEED In May 1999, Council and the Agency secured the services of Rod Gunn Associates (RGA) to analyze the Agency's fiscal condition. RGA is recommending a two-phased financial plan to meet specific Agency financial objectives. Phase I proposes the issuance of tax-exempt bonds from the Otay Valley Road, Town Centre II and Southwest Project Areas to be used to repay some inter-fund loans, eliminate existing fund balance deficits in the Bayfront/Town Centre I and Southwest project areas, and provide funding for future Agency projects in order to take advantage of the development opportunities in the current growth economy. Phase II contemplates a financial merger of all the project areas and subsequent issuance of more bonds before 2004, which is the last year to incur debt in the original areas of Bayfront/Town Centre I, Town Centre II and Otay Valley Road. It is recommended that Council approve, in concept, the revised plan and authorize staff and the Agency to prepare all the necessary bond documents for formal consideration by the CounciVAgency at the earliest possible date. (Community Development Director and Finance Director) Community Development Director Salomone, Assistant Director Haynes, and representatives from RGA presented the proposed financial plan for Council consideration. ACTION: Councilmember Padilla moved conceptual approval of the revised plan and authorized staff and the Agency to prepare the necessary bond documents for formal consideration by the Council and Agency at the earliest possible date. Councilmember Davis seconded the motion, and it carried 4-0-1, with Councilmember Salas abstaining due to her late arrival at the meeting. Page 1 - Council/RDA Minutes 03/16/2000 ORAL COMMUNICATIONS There were none. ADJOURNMENT At 4:43 p.m., Chair/Mayor Horton adjourned the meetings to Regular Meetings of the Council and the Agency on March 21, 2000. Respectfully submitted, ~ :>{IJ...tLL1~r~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Council/RDA Minutes 03/16/00 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MARCH 21, 2000 6:00 P.M. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency were called to order by Chair/Mayor Horton at 6:31 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair Horton ABSENT: Agency/Council Members: None ORAL COMMUNICATIONS There were none. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. At 6:33 p.m., Chair/Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 a. Property: 1) 565-010-30 and 567-011-05 2) 567-010-28 3) 567-011-01,565-01-12, 65-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 Midbayfront Bayfront Park SDG&E ROW 96.57 acres 4.94 acres 9.8 acres(appx) SD&AE ROW 2.3 acres( appx) CLOSED SESSION (Continued) 5) 565-310-09,565-310-25 6) 567-011-04 7) 567-010-18 8) 567-010-19 9) 567-021-32 Street Merziotis 6.35 acres Marina Motor Hotel 1.0 acres Cappos 2.01 acres Shangri La 2.73 acres Lagoon Drive Park 1.14 acres Negotiating Parties: Redevelopment Agency/City of Chula Vista (Chris Salomone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition The above item was not discussed. b. Property: 644-041-07 through 644-041-07 6.91 acres Negotiating Parties: Redevelopment Agency/City of Chula Vista (Chris Salomone/Sid Morris) and Landbank (Kyle Cascioli) Under Negotiation: Price and terms for acquisition Instructions were given to the Negotiator. ADJOURNMENT At 7:30 p.m., Chair/Mayor Horton adjourned the meetings. Respectfully submitted, ~ "l..uO-LI=::;;;;~U \Q ~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Counci1/RDA Minutes 03/21/2000 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MARCH 28, 2000 6:00 P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order by Deputy Chair/Deputy Mayor Moot at 6:58 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas ABSENT: Chair/Mayor Horton BUSINESS 2. AGENCY RESOLUTION NO. 1664 AND COUNCIL RESOLUTION NO. 2000-100, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE REIMBURSEMENT OF UP TO $150,000 TO HOUSE OF BLUES FOR LANDSCAPE MEDIAN IMPROVEMENTS ON MAIN STREET AND AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY On November 7, 1995, the Council approved the construction of the Coors Amphitheatre. Staff has been working to construct landscape improvements in the median located east of Nirvana on Main Street (Otay Valley Road). The improvements are proposed to be constructed in two phases, at an estimated cost of $400,000. The first phase, consisting of palm trees, is planned for installation by April 20, 2000. The second phase is planned for October 2000 and will consist of additional trees, shrubbery and ground plantings. Phase One is estimated to cost $150,000. House of Blues will fund the improvements, subject to City reimbursement of up to $150,000. Staff proposes that the City's contribution be made from unanticipated revenue from the sale of property, as well as from Redevelopment Agency funds. (Community Development Director) ACTION: Agency/Council Member Salas offered Council Resolution 2000-100 and Agency Resolution No. 1664, headings read, texts waived. The motion carried 4-0. OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. OTHER BUSINESS (Continued) 4. CHAIR'S REPORTS There were none. 5. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 7:03 p.m., Deputy Chair/Deputy Mayor Moot adjourned the meetings to the Regular Meeting of the City Council and an Adjourned Regular Meeting of the Redevelopment Agency to be held on April I!, 2000. Respectfully submitted, ~d...u~J to ) Susan Bigelow, CMC/ AAE, City Clerk Page 2 - Council/RDA Minutes 03/28/00 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APRIL 18,2000 6:00 P.M. An Adjourned Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 10:20 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Council Members: None ORAL COMMUNICATIONS There were none. OTHER BUSINESS 1. DIRECTOR'S REPORTS There were none. 2. CHAIR'S REPORTS There were none. 3. AGENCY MEMBER COMMENTS A. Mary Salas: Letter to Port dated April 10, 2000 requesting modifications to RFQ process for BFG South Campus and other Port properties; request Agency develop a position on Port RFQ process and provide appropriate direction to staff. Councilmember Salas asked how the City could participate in the selection of the developer. Staff explained that the Port's RFQ process schedule calls for the developer to be selected by May 16th. City staff will join Port District staff in reviewing the proposals, and the Council will meet with the Port District Board to make recommendations regarding a developer. At 10:24 p.m., Chair/Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1) 565-010-30 and 567-011-05 2) 567-010-28 3) 567-011-01,565-01-12, 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 5) 565-310-09, 565-310-25 6) 567-011-04 7) 567-010-18 8) 567-010-19 9) 567-021-32 Midbayfront Bayfront Park SDG&E ROW SD&AE ROW Street Merziotis Marina Motor Hotel Cappos Shangri La Lagoon Drive Park 96.57 acres 04.94 acres 09.8 acres(appx) 02.3 acres( appx) 06.35 acres 01.0 acres 02.01 acres 02.73 acres 01.14 acres Negotiating Parties: Redevelopment Agency/City of Chula Vista (Chris Salomone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition No action was taken. 5. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Agency v. Shinohara (Case No. GIS002460) This item was not discussed. At 11: 1 0 p.m., Chair/Mayor Horton adjourned the meetings. Respectfully submitted, ~~-=::3..'?~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Council/RDA Minutes 04/18/00 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 2, 2000 4:00 p.m. An Adjourned Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order by Mayor/Chair Horton at 7:38 p.m., immediately following the Regular Meeting ofthe City Council, in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Agency/Councilmembers Davis, Moot, Padilla, Salas, Chair/Mayor Horton. ABSENT: None CONSENT CALENDAR (Items 1 and 2) 1. AGENCY RESOLUTION NO. 1665, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-00-09 AND APPROVING OWNER PARTICIPATION AGREEMENT WITH THE DAN COMPANY FOR THE DEVELOPMENT OF AN INDUSTRIAL BUILDING LOCATED AT 680 L STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The Dan Company is proposing the construction of a 36,900 square- foot industrial building on a graded vacant lot at 680 L Street, located in the Southwest Redevelopment Project Area. The building will be used for the warehousing and distribution of commercial goods. (Community Development Director) Staff recommendation: The Agency adopt the resolution. 2. AGENCY RESOLUTION NO. 1666, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING A CONTRACT AMENDMENT FOR ON-CALL LEGAL SERVICES FOR THE GATEWAY CHULA VISTA PROJECT Gateway Chula Vista LLC has proposed to develop approximately 4.5 acres of property located at the northwest corner of Third Avenue and H Street. The Agency and the development team for Gateway have been negotiating the terms and conditions for a Disposition and Development Agreement for the project since early 1999. Additional consultant time, specifically, specialized legal services not to exceed $45,000, is needed to finalize the negotiations and prepare final documents for presentation to the Agency in May. (Community Development Director) Staff recommendation: The Agency adopt the resolution. ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. ACTION ITEMS 3. CONSIDERATION OF ADOPTION OF RESOLUTIONS APPROVING THE AGENCY FINANCIAL PLAN AND ASSOCIATED AGENCY BUDGET AMENDMENT, APPROVING THE SALE OF THREE SERIES OF REDEVELOPMENT AGENCY 2000 TAX ALLOCATION BONDS FOR THREE REDEVELOPMENT PROJECTS, AND AUTHORIZING THE EXPENDITURE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA In May 1999, the services of Rod Gunn Associates (RGA) were secured to prepare an Agency Financial Plan to evaluate the Agency's financial status. As a result of their analysis, RGA is recommending the issuance of tax-exempt tax allocation bonds to be secured by property tax increment from the Otay Valley Road, Town Centre II and Southwest Project Areas. The bond proceeds would be used to repay some inter-fund loans and provide funding for future Agency projects over the next three to five years. ACTION: Chair/Mayor Horton offered the following resolutions, headings read, texts waived: A. AGENCY RESOLUTION NO. 1668, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE AGENCY FINANCIAL PLAN AND AMENDING VARIOUS AGENCY PROJECT AREA FISCAL YEAR 2000 BUDGETS IN ACCORDANCE WITH THE APPROVED AGENCY FINANCIAL PLAN AND AUTHORIZING THE VARIOUS INTER-PROJECT AREA ADVANCES AND ADVANCE REPAYMENTS RELATED THERETO, AND AUTHORIZING THE EXPENDITURE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA B. AGENCY RESOLUTION NO. 1667, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF (1) NOT-TO-EXCEED $7,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT, (II) NOT-TO-EXCEED $7,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE OT A Y V ALLEY ROAD REDEVELOPMENT PROJECT, AND (III) NOT- TO-EXCEED $4,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE SOUTHWEST REDEVELOPMENT PROJECT, AND APPROVING AN OFFICIAL NOTICE OF SALE FOR EACH, A CONTINUING DISCLOSURE CERTIFICATE FOR EACH, APPROVING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND FINANCING DOCUMENTS, AUTHORIZING THE SALE OF THE 2000 BONDS ON CERTAIN TERMS AND CONDITIONS, AUTHORIZING CERTAIN OTHER OFFICIAL ACTIONS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO, AND APPROVING A CONTRACT WITH ROD GUNN ASSOCIATES FOR FINANCIAL ADVISOR SERVICES AND WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL Page 2 - Counci1/RDA Minutes 05/02/00 ACTION ITEMS (Continued) C. COUNCIL RESOLUTION NO. 2000-142, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF (I) NOT-TO-EXCEED $7,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT, (II) NOT-TO- EXCEED $7,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT, AND (III) NOT-TO-EXCEED $4,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE SOUTHWEST REDEVELOPMENT PROJECT, AND APPROVING AN OFFICIAL NOTICE OF SALE FOR EACH, A CONTINUING DISCLOSURE CERTIFICATE FOR EACH, APPROVING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND FINANCING DOCUMENTS, AUTHORIZING THE SALE OF THE 2000 BONDS ON CERTAIN TERMS AND CONDITIONS, AUTHORIZING CERTAIN OTHER OFFICIAL ACTIONS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO, AND APPROVING A CONTRACT WITH ROD GUNN ASSOCIATES FOR FINANCIAL ADVISOR SERVICES AND WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL D. COUNCIL RESOLUTION NO. 2000-143, JOINT RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE AGENCY FINANCIAL PLAN AND AMENDING VARIOUS AGENCY PROJECT AREA FISCAL YEAR 2000 BUDGETS IN ACCORDANCE WITH THE APPROVED AGENCY FINANCIAL PLAN AND AUTHORIZING THE VARIOUS INTER-PROJECT AREA ADVANCES AND ADVANCE REPAYMENTS RELATED THERETO, AND AUTHORIZING THE EXPENDITURE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA The motion carried unanimously. OTHER BUSINESS 4. DIRECTOR'S/CITY MANAGER'S REPORTS There were none. 5. CHAIR'SIMA YOR'S REPORTS There were none. 6. AGENCY/COUNCIL COMMENTS There were none. Page 3 - Council/RDA Minutes 05/02/00 At 7:50 p.m., Chair/Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: I) 565-010-30 and 567-011-05 2) 567-010-28 3) 567-011-01,565-01-12, 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 5) 565-310-09, 565-310-25 6) 567-011-04 7) 567-010-18 8) 567-010-19 9) 567-021-32 Midbayfront Bayfront Park SDG&E ROW 96.57 acres 04.94 acres 09.8 acres(appx) SD&AE ROW Street Merziotis Marina Motor Hotel Cappos Shangri La Lagoon Drive Park 02.3 acres(appx) 06.35 acres 01.0 acres 02.01 acres 02.73 acres 01.14 acres Negotiating Parties: Redevelopment Agency/City ofChu1a Vista (Chris Salamone); Chu1a Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition 8. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Agency v. Shinohara (Case No. GIS002460) This item was not discussed ADJOURNMENT At 8:30 p.m., Chair/Mayor Horton adjourned the meeting to an Adjourned Redevelopment Agency Meeting to be held May 9, 2000, at 6:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~\Lu.d-Lt~~ Susan Bigelow, CMC/AAE, City Clerk Page 4 - Counci1!RDA Minutes 05/02/00 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MAY 9, 2000 6:00P.M. An Adjourned Regular Meeting of the Redevelopment Agency of the City of Chula Vista was called to order at 7:02 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency Members Davis, Moot, Padilla, Salas, and Chair Horton ABSENT: Agency Members: None ORAL COMMUNICATIONS There were none. OTHER BUSINESS 1. DIRECTOR'S REPORTS There were none. 2. CHAIR'S REPORTS There were none. 3. AGENCY MEMBER COMMENTS There were none. At 7:04 p.m., Chair Horton recessed the meeting to Closed Session. CLOSED SESSION 4. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Agency v. Shinohara (Case No. GIS002460) Instructions were given to Counsel. ADJOURNMENT At 7:20 p.m., Chair Horton adjourned the meeting to the Regular Meeting of May 16,2000. Respectfully submitted, ~ ~ .L~ ~Z'~ Susan Bigelow, CMC/AAE, City Clerk MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 16, 2000 1:00 p.m. An Adjourned Meeting of the City Council and the Redevelopment Agency of the City ofChula Vista, held concurrently with the Board of Port Commissions of the San Diego Unified Port District, was convened at 1:02 p.m. at the Port District office located at 3165 Pacific Highway, San Diego, California. On roll call, there were: PRESENT: Agency/Councilmembers Davis, Moot, Padilla, Salas, Chair/Mayor Horton. ABSENT: None ORAL COMMUNICATIONS There were none. ACTION ITEMS 1. CONSIDERATION OF QUALIFICATIONS OF RESPONDENTS TO THE SAN DIEGO UNIFIED PORT DISTRICT RFQ FOR THE DEVELOPMENT OF CHULA VISTA BAYSIDE COMMERCIAL PROPERTIES The Port of San Diego issued a RFQ for development of the Chula Vista commercial site. The Port received two responses, one from Lermar Partners and one from Koll Development Company. Port staff and City staff analyzed the responses and interviewed both candidates. City staff, in concurrence with Port staff, believes that both respondents are well-qualified and financially capable and reputable firms. (Community Development Director) Staff recommendation: The Redevelopment Agency/City Council deliberate on the qualifications of the respondents to the Port District RFQ and present their individual views and recommendations to the Port Commission. Deputy Mayor Moot noted that he would abstain from the discussion and left the dais. ACTION: Mayor Horton and Councilmembers Davis, Padilla and Salas presented their individual recommendations to the Board of Port Commissioners, which selected Lermar Partners as the successful developer for the project. ADJOURNMENT At 4:20 p.m., Chair/Mayor Horton adjourned the meeting. Respectfully submitted, ~Il tu..J~~ Susan Bigelow, CMC/ AAE, City Clerk MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MAY 16,2000 6:00P.M. An Adjourned Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 6:50 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Council Members: None ALSO PRESENT: City Manager/Executive Director Rowlands, City Attorney/ Agency Counsel Kaheny, and City Clerk Bigelow ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 1. CONSIDERATION OF ADOPTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND GATEWAY CHULA VISTA LLC FOR THE PURPOSE OF DEVELOPMENT A 304,000 SQUARE-FOOT MIXED OFFICE AND RETAIL DEVELOPMENT AND 1,015 SPACE PARKING STRUCTURE, ENTITLED THE GATEWAY CHULA VISTA PROJECT, ON A l6-PARCEL SITE AT THE NORTHWEST CORNER OF THIRD AVENUE AND H STREET IN DOWNTOWN CHULA VISTA, WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak; there was no response. ACTION: Chair/Mayor Horton moved to continue the hearing to the meeting of May 23, 2000, at the recommendation of staff. Agency/Council Member Moot seconded the motion, and it carried 5-0. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. OTHER BUSINESS (Continued) 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed. 5. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Agency v. Shinohara (Case No. GIS002460) ADJOURNMENT At 6:52 p.m., Chair/Mayor Horton adjourned the meetings. Respectfully submitted, ~6-J-l~~~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Council/RDA minutes 05/16/00 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA JUNE 6, 2000 4:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order by Chair/Mayor Horton at 4:40 p.m., in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/Council Members: Davis, Moot, Padilla, Salas, and Chair/Mayor Horton (Agency/Councilmember Salas arrived at 4:58 p.m.) ABSENT: Agency/Council Members: None ORAL COMMUNICATIONS There were none. CONSENT CALENDAR (Items 1 thru 4) Chair/Mayor Horton noted that Consent Calendar Items #2 and #4 would be removed for separate consideration. 1. APPROVAL OF MINUTES of September 21, October 5, October 12, October 19, November 9, November 16, and November 30,1999 Staff recommendation: The Agency approve the minutes. 3. AGENCY RESOLUTION NO. 1669, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT WITH THE ORTIZ CORPORATION FOR THE DEVELOPMENT OF A GARAGE/WAREHOUSE AT 788 ENERGY WAY WITHIN THE OTA Y V ALLEY ROAD REDEVELOPMENT PROJECT AREA The Ortiz Corporation proposes to construct a 3,533 square-foot garage/warehouse at its existing construction yard located at 788 Energy Way, which is within the boundaries of the Otay Valley Road Redevelopment Project Area. The building will be used for minor repair and maintenance of vehicles and for storage. The proposed land use is allowed under the General Plan, the Otay Valley Road Redevelopment Plan, and the Zoning Ordinance. Staff recommendation: The Agency adopt the Resolution. Page 1 - Council/RDA Minutes 06/06/2000 CONSENT CALENDAR (Continued) ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1 and #3, headings read, texts waived. The motion carried 4-0, with Councilmember Salas not yet present. 2. AGENCY RESOLUTION ADOPTING NEGATIVE DECLARATION IS-OO-B, APPROVING COASTAL DEVELOPMENT PERMIT DRC-0038, AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH JACK-IN-THE-BOX INCORPORATED FOR THE DEVELOPMENT OF A GAS STATION WITH CONVENIENCE STORE AND DRIVE-THRU RESTAURANT WITHIN THE BAYFRONT REDEVELOPMENT PROJECT AREA Jack-in-the-Box Incorporated proposes to construct a gas station, convenience store and drive-through restaurant at the northeast comer of Bay Boulevard and J Street, which is within the boundaries of the Bayfront Redevelopment Project Area. The proposed land use is allowed under the General Plan and the Bayfront Specific Plan. Staffrecommendation: The Agency adopt the Resolution. Mayor Horton expressed concerns about the amount of trash generated by this type of business and asked whether language could be incorporated into the permit to require the owner or lessee to make certain the area is regularly cleaned and maintained free of trash. She also expressed concern with the proposed project design, stating that it should fit in with what is proposed to be one of Chula Vista's signature developments. Staff responded by detailing the design structure and proposed signage. Mr. Carl Hoy, representing Jack-In-The-Box Incorporated, stated that the proposed design is different than that ofa regular Jack-In-The-Box, and an effort has been made to provide a design that conforms to the present look ofthe bayfront. He also asked Council to approve the proposed signage, once final approval has been received from the Design Review Committee. Mayor Horton asked if a freeway sign could be placed by Caltrans as an alternative to the proposed project signage. Staff responded that the applicant believed the project would be dependent upon its own signage. Mayor Horton stated that she could not support the proposed type of sign on the bayfront. Councilmember Padilla asked how critical the sign was to the success of the project. Mr. Hoy stated that he did not wish to sacrifice approval of the project as a whole because of the signage issues. Staff also commented that the signage would be brought back for Council consideration once approved by the Design Review Committee. Councilmember Salas asked about the proposed project landscaping. Staff responded that the project will have extensive landscaping, and the provisions of the landscape plan would be forwarded to Council. Page 2 - Council/RDA Minutes June 6. 2000 CONSENT CALENDAR (Continued) Deputy Mayor Moot expressed concern about the type of proposed sign at a critical intersection on the bayfront and felt its approval could create problems over the longer term. Councilmember Padilla stated that the City should be selective about developments in the bayfront area and that he would oppose any pole signs along the bayfront. He also said that the project and its signage should be considered at the same time and suggested that the sign issue be resolved and then the whole project returned for Council consideration. Councilmember Davis was concerned that the project might be inappropriate for the area. ACTION: Councilmember Padilla moved to refer the project back to staff to be considered along with the signage. Deputy Mayor Moor seconded the motion, and it carried 5-0. 4. AGENCY RESOLUTION NO. 1670, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-00-12 AND APPROVING OWNER PARTICIPATION AGREEMENT WITH THE MAIN SQUARE CORPORATION FOR THE DEVELOPMENT OF AN INDUSTRIAL BUILDING LOCATED AT THE SOUTHEAST CORNER OF MAIN STREET AND FOURTH AVENUE WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The Main Square Corporation proposes to construct a 22,640 square-foot industrial building at the southeast comer of Main Street and Fourth Avenue, which is within the boundaries of the Southwest Redevelopment Project Area. The building will be used for the establishment of automobile repair shops. Mayor Horton expressed support for revitalizing the area with new development but was concerned about the type of businesses allowed. Staff responded that the project will be well- designed and landscaped, and there will be no parking or work performed on the street. ACTION: Chair/Mayor Horton offered Agency Resolution No. 1670, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING TO CONSIDER ADOPTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND GATEWAY CHULA VISTA LLC FOR THE PURPOSE OF DEVELOPING A 304,000 SQUARE-FOOT MIXED OFFICE AND RETAIL DEVELOPMENT AND 1,014-SPACE PARKING STRUCTURE, ENTITLED THE GATEWAY CHULA VISTA PROJECT, ON A 16-PARCEL SITE AT THE NORTHWEST CORNER OF THIRD AVENUE AND H STREET IN DOWNTOWN CHULA VISTA, WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA Page 3 - Council/RDA Minutes June 6, 2000 PUBLIC HEARINGS (Continued) The comer of Third Avenue and H Street represents a unique redevelopment opportunity that links the Third Avenue downtown shopping district with the South County Government Center and the Chula Vista Shopping Center. In order to activate this important location and strengthen the emerging Chula Vista office and retail market, Agency staff has been negotiating with the development team for the Gateway Chula Vista Project since June 1998, with the adoption by the Agency Board of a Semi-Exclusive Negotiating Agreement (SENA) with the Chrismatt Corporation. The SENA was extended for six months in June of 1999, with Gateway Chula Vista LLC as the new development entity, during which time the final terms of the business deal were negotiated. During the past several months, the specifics of the Disposition and Development Agreement (DDA) have been negotiated, including all aspects of the sale of Agency land and other terms and conditions of the development proposal. [Community Development Director; continued from the meeting of May 23, 2000] Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Community Development Director Salomone explained the proposed project to the Council and audience. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Chair/Mayor Horton offered the following Resolutions, headings read, texts waived: AGENCY RESOLUTION NO. 1671 AND COUNCIL RESOLUTION NO. 2000- 182, A JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A) APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND RELATED AGREEMENTS BETWEEN THE AGENCY AND GATEWAY CHULA VISTA, LLC FOR THE DEVELOPMENT OF A MIXED-USED COMMERCIAL/OFFICE PROJECT AT THE NORTHWEST CORNER OF THIRD AND H STREET; (B) MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; (C) AUTHORIZING EXECUTION OF SAID AGREEMENT; AND (D) APPROVING FUNDING OF THE PROJECT WITH VARIOUS AGENCY SOURCES AND CDBGFUNDS The motion carried (5-0). OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none Page 4 - Council/RDA Minutes June 6, 2000 OTHER BUSINESS (Continued 7. CHAIR'S REPORTS There were none 8. AGENCY MEMBER COMMENTS There were none ADJOURNMENT At 6:30 p.m., Chair/Mayor Horton adjourned the City Council to an Adjourned Regular Meeting to be held June 12, 2000, at 6:00 p.m., and the Redevelopment Agency to an Adjourned Regular Meeting to be held June 13tll, 2000 at 6:00 p.m. Respectfully submitted, /~ Lorraine Bennett, Deputy City Clerk Page 5 - Council/RDA Minutes June 6. 2000 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL AND A SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA JUNE 13, 2000 6:00 P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency and a Special Meeting of the Housing Authority of the City of Chula Vista were called to order at 8:44 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Authority/Council Members Davis, Moot, Padilla, Salas, and ChairlMayor Horton ABSENT: Agency/Authority/Council Members: None CONSENT ITEMS Mayor Horton noted that Item #2 would be removed from the Consent Calendar and considered as an Action Item. 1. a. AGENCY RESOLUTION NO. 1677 AND COUNCIL RESOLUTION NO. 2000-194, JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO DBX, INC. FOR THE "PARK WAY STREET LIGHT REPLACEMENT BETWEEN THIRD AND FOURTH AVENUES IN THE CITY OF CHULA VISTA, CA (RD-230)" PROJECT AND APPROPRIATING UNANTICIPATED REVENUES FROM THE BAYFRONT/TOWN CENTRE I REDEVELOPMENT FUND IN THE AMOUNT OF $97,619 AND RETURNING $57,003 IN APPROPRIATED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THIS PROJECT TO THE CDBG FUND BALANCE (4/5THS VOTE REQUIRED) b. AGENCY RESOLUTION NO. 1678, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA REGARDING THE AGENCY'S INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS TO FINANCE THE PARK WAY STREET LIGHT REPLACEMENT PROGRAM (RD-230) On April 26, 2000, the Director of Public Works received sealed bids from five electrical contractors for the Park Way street light replacement project between Third and Fourth Avenues (RD-230). A low bid of$84,116 was received from DBX Inc. ofTemecula, CA. (Director of Public Works) ACTION: Mayor Horton offered Agency Resolutions Nos. 1677 and 1678, headings read, texts waived. The motion carried 5-0. ACTION ITEMS 2. HOUSING AUTHORITY RESOLUTION NO. HA-20, RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA MULTI-FAMILY HOUSING MORTGAGE REVENUE BONDS (PEAR TREE MANOR APARTMENTS), SERIES 2000 a, AND THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA MULTI-FAMILY HOUSING MORTGAGE REVENUE BONDS (pEAR TREE MANOR APARTMENTS) SERIES 2000 b, IN A COMBINED PRINCIPAL AMOUNT NOT TO EXCEED $5,500,000; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH BONDS AND OTHER RELATED DOCUMENTS AND APPROVING OTHER RELATED ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS The Pear Tree Manor apartment complex, located in the western portion of the City, consists of I 19 units. Chelsea Investment Corporation plans to acquire and substantially rehabilitate the interior and exterior of the buildings. On April 26, 2000, the California Debt Limit Allocation Committee (CDLAC) awarded Chelsea over $5.2 million in Multi- Family Housing Mortgage Revenue Bonds for this project. On May 23, 2000, the Agency approved financial assistance and related loan agreements with St. Regis Park, LP in an amount not-to-exceed $1,387,152 for the acquisition and rehabilitation of Pear Tree Manor apartments. With the approval of the loan agreements and the CDLAC allocation in place, the next step in the process is for the Authority to approve the issuance of the bonds and the related bond documents. (Community Development Director) Community Development Specialist Atwood explained the proposed project. ACTION: Council/Agency/Authority Member Davis offered Resolution No. HA-20, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR THE DEVELOPMENT OF A MIXED-USE PROJECT THAT INCLUDES 15,000 SQUARE FEET OF COMMERCIAL SPACE AND 106 AFFORDABLE HOUSING UNITS AT THE NORTHEAST CORNER OF MAIN AND BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA AND GRANTING A TWENTY- FOUR PERCENT (24%) DENSITY BONUS AND OTHER ADDITIONAL INCENTIVES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65915 The applicant, Avalon Communities, LLC, is requesting approval of a Special Use Permit for the construction of a mixed-use development that includes 106 affordable housing units and 15,000 square feet of retail commercial space on 4.54 acres located on the northeast corner of Main Street and Broadway, within the Southwest Redevelopment Project Area and the Montgomery Specific Plan area. The project is known as Main Plaza and is to be owned and operated by Avalon Communities. (Community Development Director) Page 2 - CounciI/RDAlHousing Authority Minutes 06/13/00 PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Senior Community Development Specialist Tapia presented the project proposal and benefits. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Chair/Mayor Horton offered Agency Resolution No. 1673, Agency Resolution No. 1674 and Council Resolution No. 2000-193, headings read, texts waived, as follows: AGENCY RESOLUTION NO. 1673, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE NOT TO EXCEED $1,060,000 TO AVALON COMMUNITIES FOR THE DEVELOPMENT OF A MIXED USE PROJECT, INCLUDING 106 AFFORDABLE UNITS AGENCY RESOLUTION NO. 1674 AND COUNCIL RESOLUTION NO. 2000- 193, RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA (A) ADOPTING NEGATIVE DECLARATION IS 00-47; (B) GRANTING SPECIAL USE PERMIT SUPS 00- 09; (C) APPROVING AN OWNER PARTICIPATION AGREEMENT WITH AVALON COMMUNITIES FOR THE DEVELOPMENT OF A MIXED-USE PROJECT THAT INCLUDES 15,000 SQUARE FEET OF RETAIL COMMERCIAL SPACE AND 106 AFFORDABLE HOUSING UNITS LOCATED AT THE NORTH EAST CORNER OF MAIN STREET AND BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA; AND (D) GRANTING A TWENTY FOUR PERCENT (24%) DENSITY BONUS, A REDUCTION IN THE REQUIRED PARKING FOR THE RESIDENTIAL UNITS AND THE COMMERCIAL USE, A REDUCTION IN OPEN SPACE FOR THE RESIDENTIAL UNITS, AN INCREASE IN THE NUMBER OF COMPACT SPACES ALLOWED FOR THE RESIDENTIAL UNITS, AND A REDUCTION IN THE REQUIRED LANDSCAPE BUFFER TO FACILITATE THE CONSTRUCTION OF THE PROJECT The motion carried 5-0. Councilmember Padilla requested additional information from the developer on the relocation process. ACTION ITEMS 4. AGENCY RESOLUTION NO. 1672, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING OWNER PARTICIPATION AGREEMENT WITH FSRV, LLC, FOR THE DEVELOPMENT OF A BEST BUY CONSUMER ELECTRONICS SUPERSTORE AT 75 NORTH BROADWAY; AUTHORIZING EXPENDITURE OF AND APPROPRIATING FUNDS FROM THE TOWN CENTRE II PROJECT AREA FUND FOR THE PURCHASE OF THE OPERATING COVENANT; AND AUTHORIZING CHAIR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Page 3 - Counci1/RDAlHousing Authority Minutes 06/13/00 ACTION ITEMS (Continued) FSRV, LLC is proposing to develop a Best Buy consumer electronics superstore in the Broadway Plaza Shopping Center, adjacent to the existing Wal*Mart store. The new store would occupy a 45,000 square-foot pad and represent the second anchor tenant in this North Chula Vista shopping facility. The site includes parking for 261 cars and conforms to the City's General Plan and zoning designations for the site. The proposed store is within the Town Centre II Redevelopment Project Area. (Community Development Director) ACTION: ChairlMayor Horton offered Agency Resolution No. 1672, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 6. DIRECTOR'S REPORT(S) There were none. 7. CHAIR'S REPORT(S) There were none. 8. AGENCY COMMENTS There were none. ADJOURNMENT At 9:13 p.m., ChairlMayor Horton adjourned the City Council and Redevelopment Agency to their Regular Meetings of June 20, 2000, and the Housing Authority to an Adjourned Regular Meeting on June 20, 2000 at 6:00 p.m., immediately following the City Council meeting. Respectfully submitted, - -xu Lu.. f3:g~ Susan Bigelow, CMC/AAE, City Clerk Page 4 - Council/RDA/Housing Authority Minutes 06/13/00 CI'iY OF CHUIA VISIA OFFICE OF THE CITY A'I-FORNEY Date August 23, 2000 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney ~- Re: Report Regarding Actions Taken in Closed Session for the Meeting of 8/22/00 The City Council of the City of Chula vista met in Closed Session on 8/22/00 to discuss: · CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b}: One Case The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk 276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619) 409-5823 To CITY COUNCIL, CHULA VISTA COUNCIL OFFICES Fax number 619 4705379 {Council) CHULA VISTA. CA Voice number 8915031 (Ci[y Hall). 6915150 (PD) From James Lissner, Bo× 264, Manhattar~ Beach, CA 90267 Fax number: (310) 376-2287 Voice number: (310) 376-4S26 Subject: Cost of Copies of Po~ce Reports To the City Council: Please apendize this matter for your nex~ council meeting. A reading of Gert. Code Secflen ~2~3(b), the Attorney General's 4-1~-9t letter opinion to Sen. Hart, and North County Parents va. Cai. Dapt_ of Education (March 1994, 93 Daily Journal D.A.R. 3224), Indicates that some of your charges for Xeroxes of documents may be many times too high. For example, In localities that observe the Sec, 6263(b) legal limit ("direct costs of duplication"), a two page traffic accident report or burglary repo~t costs an average of about e dollar, whereas you charge 1;10.00. If you wish to avoid spending money doing your own legal research on this issue, you can take advantage of the research and ataff rel3orts done by the following agencies that already have adjusted their charges, (Continued on next pare) Fax, James Lissner {310 376-2287) to City Council Page 2 Agency Phone Former Rate New Rate L,A, County ~heri~f 323 5285232 13.00 .75 .~ .n3 per pg Roaondo Beach 310 3721171 32.00, ~en 10.00 2.00 flat fee E~ Segundo 3~0 3229~14 15.00 Fr~ To.anco 3t0 328~6 23.00 2.00 fiat fee Pal~ VeXes Ee~tes 310 3784211 18,00 2.50 flat foe Beverly Hills 3t0 2851000 23.55 .35 first pg + .10 addl pg San Gabriel 628 ~82828 20.00 Free San Marino 6~6 3000720 26.00 1.00 fimt pg + ,25 addl pg S~erra Madm 628 3~51414 ~2,00 or 2~,00 .20 per pg South Pese~en~ 626 4037270 37,00 .26 per pg Wsst Covln2 626 8148557 10,00 Free N~poff ~each ~49 ~3081 23.50 1,50 flat fo= San Diego Sheriff 858 9742110 20.00 ,20 per pg Concord 925 6713232 q6.70 2.00 flat fee Davis 530 7563740 ~2.00 .10 per pg Sa~ramer~to, Ci~ of 916 g64S847 ~0.00 .10 per pg San Bruno SS0 8778965 15.00 .3S first pg + ,10 addl pg San Francisco 4t5 ~30123 ~O,00 Free Please adjust your charges. I suggest that when you do adjust your fee you set it at zem, as many other cities have done. Providing the repo~ for free saves staff the time spent dealing wi~ money - writing receipt, accounting for It, etc, - and also compensates the public - your oonsfituen~ - for past overcharges, Sincerely, Manny R 795 Brook. stone Rd.//202 Chula Vista, Tel/Fax (6.19)421 1961 E-marl: Ronrsand~a01.com. 24 August 2000 Dear Madam Mayor Horton and members of the council; I and other residents of St Claire and Eastlake I neighborhoods would like to request that bike openings be made on the wall blocking Gotham Street. ' This will allow residents and students to use their bikes to go to Southwestern College and to the businesses at the Otay lakes Road. This is a much shorter and safer mute. Encourage and allow those who. like to bike to school, those who have no cars, and help alleviate the parking congestion in the college parking. Enclosed is colored aerial photo of the area and 4 back/white copies. And 4X6's ( aerial photo 8/15/99, #13 and 1/14/00 ,#19, gad photo of Gotham St.) Spoken to the city Imffic engineering office and was told that this request has to be made through your office. Thank you for your response and consideration. '}..I . f Cox SUPERVISOR, FIRST DISTRICT SAN DIEGO COUNTY BOARD OF SUPERVISORS September 5, 2000 The Honorable Shirley Horton and Councilmembers City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Horton and Counoilmembers: I respectfully request your assistance on a project proposal that would provide a tremendous opportunity for cooperation between the City of Chula Vista and the County &San Diego and provide a better level of service to our constituents. Specifically, I would like your cooperation in providing the County of San Diego with the land to accommodate a 10,000 square-foot building that would house a new Bonita-Sunnyside Library and an adjoining conference room. The site that I propose is the vacant parcel on Bonita Road west of the Chula Vista Municipal Golf Course. I understand that the CRy of Chula Vista is considering future development &this site Under this proposal, the City could either grant title to the land necessary for this project, or the County could enter into a dollar per year lease In either case, I propose that the County be party to the CC& Rs and subject to a pro rata share of future assessments. The County would assist in paying for parking, landscaping, and maintenance attributable to the County facility. For some time now, I have worked with library patrons in the community and with my colleagues on the Board of Supervisors to plan for the new Bonita-Sunnyside branch library The facility would include an approximately 8,000 square-foot library and an approximately 2,000 square foo~ community room. It would be designed so that lobby restrooms would be independently available to both the library and community room Within the space allocated to the Community Room, it would be possible to provide office space for the Bonita Public Safety Center~ Thc Bonita Business and Professional Association currently leases space for this unique program. Volunteers fiom the Chula Vista Police Depaxtmem, San Diego County Sheriffs Department, and California Highway Patrol staff the operation of the Bonita Public Safety Center. If this is accomplished, free office space for this valuable community service could be provided. COUNTY ADMINISTRATiON CENTER · 1600 PACIFIC HIGHWAY, ROOM 335 · S~N DIEGO, CA 92101-2470 m ((]19) 531-5511 Fax (819) 235-0644 The Honorable Shirley Horton and Councilmembers September 5, 2000 Page Two Together, we can provide a wonderful resource that will significantly enhance the quality of life for all residents of Bonita, Sunnysidc, and eastern Chula Vista. With forward thinking and creativ/ty, elected officials can place a branch library operated by one governmental jurisdiction within the adjacent city limits of another local government in order to provide better services for all the public we were elected to represent, With a positive response fi-om your Council, I will bring the project to my colleagues on the Board of Supervisors for their official approval I look forward to working with you on this exciting project. Supervisor, First District Dave Rowlands, City Manager Walt Ekard, Chief Administrative Off%er Friends of Bonita-Sunnyside Library ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C_HUI~ CALIFORNIA, ACTING AS THE LEGISLATIVE BOD.~f~ ~TY FACILITIES DISTRICT NO. 99-2 (OTAY_,,,~R~(i~t~'C~JNE - VILLAGE ONE WEST) AVT.ORIZ NG LE' aS ' Sl'ECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNC1L of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - V1LLAGE ONE WEST) (the "District"). The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 99-2 (Otay Ranch Spa One - Village One West), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECT1ON 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or future tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall 1 LA-/ be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on ~ 2000; Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the day of ,2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST APPROVED AS TO FORM: John Lippitt John Kaheny 2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C.~STA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODX~~Ty FACILITIES DISTRICT NO. 97-2 (PRESERVE ~M~NCE DISTRICT) AUTHORIZING THE LEVY OF A SP~F, aO~]~,,~AX IN THAT AREA DESIGNATED AS COMMUNITY~i~.~]fL'ITIES DISTRICT NO. ?-2 (PRESERVE MAINTENANCE DISTIl-CT), IMPROVEMENT AREA A", ANNEXATION NO. l WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in an area annexed to an existing community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (the "District") and the annexed area is designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO. 1 (the "Annexation Area"). The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 97-2 (Otay Ranch Spa One - Village One West), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes within the Annexation Area pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or future tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect 1 the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on ,2000; Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the day of ~ 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST APPROVED AS TO FORM: John Lippitt John Kaheny 2 COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 9/12/00 ITEM TITLE: RESOLUTION ACCEPTING $4,701 FROM THE BULLETPROOF VEST GRANT, AMENDING THE FY 00 - 01 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $4,701 FOR BODY ARMOR. SUBMITTED BY: Chief of Policc~j'~ REVIEWED BY: City Manager(,~~v (4/5ths Vote: Yes X No __) On May 16, 2000 the Police Department applied for funding for vests under the Bulletproof Vest Program. In July 2000, the Chula Vista Police Department was notified by the Bureau of Justice Assistance that the application was approved. The grant award is for the amount of $4,701 to pay for 50% of the cost bulletproof vests. This grant will partially fund 26 vests; matching funds will come from the Police Department budget. RECOMMENDATION: That Council accept $4,701 from Bulletproof Vest grant, amend the FY 00 - 01 Police budget and appropriate unanticipated funds in the amount of $4,701 for body armor. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: The Bulletproof Vest Partnership is a program of the U.S. Department of Justice administered by the Bureau of Justice Assistance (BJA). The program is designed to pay for up to 50% of bulletproof vests for law enforcement officers. DISCUSSION: On June 16, 1998, the Bulletproof Vest Partnership Grant Act of 1998 was signed as law. The purpose of the Act is to save the lives of law enfomement officers by helping States and units of local government equip their law enforcement officers with armor vests. To facilitate the process BJA has established an on-line application. On May 16, 2000 the Police Department applied for funding for vests under the Bulletproof Vest Program. In July 2000, the Chula Vista Police Department was notified by the Bureau of Justice Assistance that the application was approved. The grant award is for the amount of $4,701 to pay for 50% of the cost bulletproof vests. This grant will partially fund 26 vests; matching funds will come from the Police Department budget. Page 2,Item: Meeting Date: 9/12/00 This is a highly competitive grant, funding was based on the following priorities or statutory requirements: at least half the funds will be provided to units of local government with less than 100,000 residents; jurisdictions displaying greatest need for armored vests based on the percentage of law enforcement officers in the department who do not have access to vests; jurisdictions who have or will institute a mandatory wear policy; jurisdictions with a violent crime rate at or above the national average; and jurisdictions that have not received Local Law Enforcement Block Grant Program (LLEBG) funding. Chula Vista has population of over 165,000, a mandatory wear policy in effect, dropping crime rate and fortunate to receive LLEBG funding for three years in a row. Based on the above criteria the Department received 22% of the application request. The Department submitted an application for funding of sixty vests, reflecting both the need for new officers and for normal replacement. Vests have a life span of five years. The Department has developed a replacement cycle for expired vests and has identified funds for this need. LOCAL MATCH: The program is designed to pay for up to 50% of the cost of National Institute of Justice approved vests. A local match is required to pay for the remaining costs of the vests. The grant further stipulates that both LLEBG and BVP funds may not be used to purchase vests during the fiscal year in which LLEBG funds were awarded. Sufficient funds have been identified in the Police Department budget to meet the local match requirement. FISCAL IMPACT: The $4,701 will be used for the purchase of bulletproof vests; funds have been identified to meet the 50% local match requirement. Resulting in no net impact to the General Fund. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $4,701 FROM THE BULLETPROOF VEST GRANT, AMENDING THE FY 00 - 01 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $4,701 FOR BODY ARMOR. WHEREAS, the Bulletproof Vest Partnership is a program of the U.S. Department of Justice designed to pay up to 50% of bulletproof vests for law enforcement officers; WHEREAS, the Police Department requested funding via the Bulletproof Vest Partnership program; WHEREAS, the Police Department was awarded $4,701 for the purchase of bulletproof vests; WHEREAS, the grant requires a 50% local match which has been identified in the Police Department budget; WHEREAS, acceptance of the Bulletproof Vest Partnership grant will allow the Department to purchase twenty-six vests; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accepts $4,701 from Bulletproof Vest grant, amends the FY 00 - 01 Police budget and appropriates unanticipated funds in the amount of $4,701 for body armor. ,~.~ )ted by: //')(,. Approved as to form by: Rich~ P. EmerSon Joy, v1. Kaheny ~ Police Chief ~ Attorney ~ COUNCIL AGENDA STATEMENT Item No ~' Meeting Date 9/12/00 ITEM TITLE: Resolution Accepting $11,650 from the County of San Diego Sheriffs Department Gang Resistance Education and Training (GREAT) Grant and amending the FY 00-01 Police Budget and appropriating unanticipated Funds in the amount of $11,650 for overtime and travel expenses related to the program. SUBMITTED BY: Chief of Polic',~ff'0~'"' REVIEWED BY: City ManagerU~ (415ths Vote: Yes XX No __) The County of San Diego Sheriffs Department has received a one year grant from the U. S. Department of Treasury, Bureau of Alcohol, Tobacco and Firearms to operate a gang prevention program known as Gang Resistance Education and Training (GREAT) for South Bay Area schools. The program includes Officers from the Chula Vista Police Department. The funds will be used for overtime and travel expenses related to the Program. RECOMMENDATION: That Council accept and appropriate $11,650 from the County of San Diego Sheriff's Department for overtime and travel expenses related to the Gang Resistance Education and Training program. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: In response to increased gang activity within the South Bay area, the United States Department of Treasury, Bureau of Alcohol, Tobacco and Firearms has awarded the San Diego County Sheriffs Dgpartment a $78,750 grant for FY 2000 - 2001. The focus of the grant is to conduct a Gang Prevention Program referred to as Gang Resistance Education and Training (GREAT) for the operational period of January 16, 2000 through January 15, 2001. The GREAT program provides educational opportunities for youth regarding the dangers associated with membership and affiliation with street gangs. The GREAT program is a collaborative effort involving the San Diego Sheriff's Department, the Chula Vista Police Department and the two school districts within the South Bay area. Staff from both law enforcement agencies will attend training courses provided by the Bureau of Alcohol, Tobacco and Firearms to become program instructors at the middle and junior high schools within the Page 2, Item Meeting Date 9/12/00 Sweetwater Unified and San Ysidro School Districts. The grant will provide the funding for travel ($2,500) and overtime ($9,150) to conduct classes. The commitment of $11,650 from the grant would aid regional law enforcement efforts by providing gang related education and training for the youth in our communities. FISCAL IMPACT: There is no net fiscal impact resulting from the acceptance of this grant. 2ndRev 5-~ RESOLUTION NO. RESOLUTION ACCEPTING $11,650 FROM THE COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT GANG RESISTANCE EDUCATION AND TRAINING (GREAT) GRANT AND AMENDING THE FY 00-01 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $11,650 FOR OVERTIME AND TRAVEL EXPENSES RELATED TO THE PROGRAM. WHEREAS, the Chula Vista Police Department is awarded $11,650 from the County of San Diego Sheriff's Department for participation in a Gang Resistance Education and Training Program (GREAT) sponsored by the Department of Treasury, Bureau of Alcohol, Tobacco and Firearms; and, WHEREAS, the GREAT Program is a collaborative effort involving the San Diego Sheriff's Department, Chula Vista Police Department, Sweetwater Unified School District and the San Ysidro School District; and, WHEREAS, the GREAT Program provides educational and training programs for youth regarding the dangers associated with membership and affiliation into street gangs; and, WHEREAS, staff supports participation in the GREAT Program to better enable law enforcement to provide gang related education and training for the youth of our communities; and, WHEREAS, the City of Chula Vista accepts and appropriates the award of $11,650 for travel and overtime costs associated with the Gang Resistance Education and Training Program; and, NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does hereby accept and appropriate the award of $11,650 to the Police Department for support of a regional Gang Resistance Education and Training (GREAT) Program and amends the FY 00-01 Budget accordingly. Presented by: Approved as to form by: R ichardP. Emerson ~hnAKt~oh~Y~'''/ Chief of Police COUNCIL AGENDA STATEMENT Item ~' Meeting Date 09/12/00 ITEM TITLE: Resolution Accepting $1,000 from the County of San Diego's Community Projects Program, amending the FY 00-01 Police budget and appropriating unanticipated funds in the amount of $1,000 for Mounted Patrol equipment. SUBMITTED BY: Chief of Police~J REVIEWED BY: City ManagerL~z ~' (4/5ths Vote: Yes X No __) The Chula Vista Mounted Patrol Volunteer Unit received an award of $1,000 from the County of San Diego's Community Projects Program. The Community Projects Program was developed by the County Board of Supervisors to fund local community groups. The funds will be used to purchase and repair equipment for the Chula Vista Mounted Police Volunteer Unit. RECOMMENDATION: That the City Council accept and appropriate an award of $1,000 from the County of San Diego's Community Projects Program for Mounted Patrol equipment. BOARDS/COMMISSIONS RECOMMENDATIONS: DISCUSSION: The Chula Vista Mounted Patrol Unit is a Volunteer Unit comprised of local members of the community and represents the City throughout the San Diego and Imperial Counties. The Unit participates in parades, special functions, search and rescue, and law enforcement activities. The Chula Vista Mounted Police are funded primarily by donations and the Police Department. The $1,000 award will be used to maintain and purchase new saddles for the Mounted Patrol Unit. Supervisor Greg Cox was instrumental in providing the one time award to the Mounted Patrol equipment. FISCAL IMPACT: The $1,000 award will be used for one time expenditures resulting in no net impact to the City. RESOLUTION NO. RESOLUTION ACCEPTING $1000 FROM THE COUNTY OF SAN DIEGO'S COMMUNITY PROJECTS PROGRAM, AMENDING THE FY 00-01 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $1,000 FOR MOUNTED PATROL EQUIPMENT. WHEREAS, On July 28, 2000 the Police Department received an award of $1,000 from the County of San Diego Board of Supervisor's as part of the County of San Diego's Community Projects Program; and WHEREAS, the award will be utilized by the City of Chula Vista's Mounted Police Patrol Unit to fund the purchase of equipment; and WHEREAS, the City of Chula Vista accepts and appropriates the award of $1,000 for the Mounted Police Patrol Unit; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept and appropriate the award of $1,000 to the Police Department for the support of the Chula Vista Mounted Police Patrol Program and amends the FY 00-01 Budget accordingly. Presented by: Approved as to form by: Richard P. Emerson Jo~..~aheny Police Chief ~ Attorney COUNCIL AGENDA STATEMENT Item No ~ Meeting Date 9/12/00 ITEM TITLE: Resolution Declining Participation in the 1999-2000 Juvenile Accountability Incentive Block Grant Program and Supporting Transfer of $42,308 from the Program to the County of San Diego to enhance the Regional Juvenile Information System SUBMITTED BY: Chief of Polic(~,~ REVIEWED BY: City Manage (4/5ths Vote: Yes NoXX .) The Federal Office of Juvenile Justice and D~linquency Prevention is continuing with the Juvenile Accountability Incentive Block Grant monies available through the California Office of Criminal Justice Planning. A total of $1.3 million dollars is available to the San Diego region and it is proposed that all of the agencies in the County pool resources, which would enhance accountability and put juvenile offenders back on track. RECOMMENDATION: That Council decline participation in the 1999-2000 Juvenile Accountability Incentive Block Grant Program and support the transfer of $42,308 from the program to the County of San Diego to enhance the Regional Juvenile Information System. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: The Federal Office of Juvenile Justice and Delinquency Prevention is again providing Juvenile Accountability Incentive Block Grant monies through the California Office of Criminal Justice Planning. The San Diego region, based on law enforcement expenditures and violent crime arrest data, has been allocated $1.3 million dollars in grant funds of which Chula Vista is entitled to $42,308. The funds must be spent on specific program areas. These areas have been identified within three separate components. Component One The automated enhancements will build on the previous technology improvements by expanding the computer link that allows law enfomement officers to hook up with courts, schools and probation records. This cost is estimated at $500,000. Page 2, Item Meeting Date 9/12/00 Component Two Over the next year, a diverse group of key leaders, law enforcement, probation and community agencies will conduct a comprehensive planning process to design an effective program for law enforc6'ment drop-off sites throughout the region. The cost for the planning is estimated at $100,000. Component Three While conducting the planning process, the Probation Department will pilot the Community Response Officer Program (CROP). This program will establish outstations for eight Deputy Probation Officers and place them in regional Police and Sheriff Stations. These stations will also have computer access to the upgraded systems providing data on juvenile offenders. First year cost is estimated at $700,000. The allocation for the City of Chula Vista, if we were to submit our own proposal would be $42,308 with 10% ($4,231) cash match required. A letter on behalf of the Police Department was sent to Chairwoman Diane Jacobs on March 9, 2000 in support of the Juvenile Accountability Incentive Block Grant Program (Attachment A). Staff supports the County's proposal to pool all funds in an effort to enhance the flow of information between the County Probation and the Municipal police and Sheriff's Departments in this County. The program also enhances accountability and puts juvenile offenders back on track. Specifically, Chula Vista and other communities in the region will benefit from this exchange of information. All agencies will further benefit through the upgrade of the existing Regional Juvenile Information System, the planning process and the Community Resource Officer Program. The Police Department's Patrol and School Resource Officers will have immediate access to the status of a probationer, or their school status. Additional resources will also be available by having the Community Resource Officers available throughout the region. The commitment of the $42,308 grant would aid the regional efforts of law enforcement. The review of this grant will be conducted by the Juvenile Justice Coordinating Council, which is currently chaired by Probation Chief Alan Crogan. This item has been endorsed by the San Diego Police Chiefs' and Sheriff's Association who unanimously support the County's endeavor to secure grant funding for enhancing this regional concept. Page 3, Item r7 Meeting Date 9/12/00 FISCAL IMPACT: There will be no impact to the general fund as a result of allowing the County to secure this grant. The County will pay the 10% local match and there will not be maintenance or user fee associated with the upgrade of the Regional Juvenile Information System. Attachment A - Letter of Support 4thRev 08/10/00 THU 13:15 FAX 8585143121 SI) CO PROB ADMIN [~002 ATTACHMENT A CHUIA VIS[A - POUCE DEPARTMENT Mamh 9, 2000 Chairwoman Diane Jacobs County of San Diego 1800 Pacific Coast Highway Sen D[ego, CA 92101 Deer Chairwoman Jacobs: · The City of Chula Vista again this Year supports the concept of pooling Juvenile Accountability Incentive Block Grant Funds (JAIBG) for 1999 - 2000. Last year all of the cities in the region submitted a joint grant request proposal that was designed to enhance the regional information justice system. It is our belief that once again pooling these resources will allow f~r completion of the technology portion of the regional enhancements as well as allow for an expansion of probation officers in regional sites spread throughout the county. The City of Chula Vista's alleca§on for Fiscal Year 1999 - 2000 is $42,308. I will be forwarding a request to the Chula Vista City Cour~l for their authorization to uffiize these funds toward a regior~al solution. I! is my belief that the grant application should be submitted on behalf of oar region and that these funds will allow for an enhancement to the level of service for all,residents of our region. Please accept this letter of support which will be forwarded to the Chula Vista City Council for their review. Sincere~ Richard P. Emerson Chief of Police RPE:rs JAIBG 276 FOUI~ITH &VENUE · CHUL,A VISTA - CALIFORNIA 91910 RESOLUTION NO. RESOLUTION DECLINING PARTICIPATION IN THE 1999-2000 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM AND SUPPORTING TRANSFER OF $42,308 FROM THE PROGRAM TO THE COUNTY OF SAN DIEGO TO ENHANCE THE REGIONAL JUVENILE INFORMATION SYSTEM WHEREAS, the City of Chula Vista declines to directly participate in the 1999-2000 Juvenile Accountability Incentive Block Grant Program administered by the Office of Criminal Justice Planning (hereaffer referred to as OCJP); and, WHEREAS, the City supports the transfer of $42,308 designated to the City of Chula Vista via the Juvenile Accountability Incentive Block Grant Program to the County of San Diego for enhancement of the Regional Juvenile Information System; and, WHEREAS, the City supports the upgrade of the Regional Juvenile Information System to better enable law enforcement personnel to know the status of young people and their criminal involvement throughout the region; and, WHEREAS, the City supports the comprehensive planning process to design an effective program for drop-off sites and the establishment of a regional pilot program for the creation of a Community Response Officer Program; and, WHEREAS, the County of San Diego shall agree to provide all matching funds required for the set project (including any amendment thereof, and including the matching fund for the City's allocation) under the program, ending funding terms and conditions including cash-match required by OCJP; and, WHEREAS, any liability arising out of the performance of the grant award agreement, including civil court actions for damage, shall be the responsibility of the County of San Diego and not the responsibility of the City; and, WHEREAS, the City, the State of California and OCJP disclaim responsibility for any such liability; and, WHEREAS, the funds received shall not be used to supplant expenditures controlled by the County of San Diego. NOW, THEREFORE, BE IT RSOLVED that the City Council of the City of Chula Vista does hereby decline participation in the 1999-2000 Juvenile Accountability Incentive Block Grant Program and supports the transfer of $42,308 from the Program to the County of San Diego to enhance the Regional Juvenile Information System. Presented by: Approved as to form by: R . r J~t M. Kaheny ~ Chief of Police ,~ty Attorney CITY COUNCIL AGENDA STATEMENT ITEM NO.: ~ MEETING DATE: 09/12/00 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE SAN DIEGO DEFENSE AND SPACE TECHNOLOGY CONSORTIUM AND ENCOURAGING ITS EFFORT TO SUPPORT AND PROMOTE CHULA VISTA'S ADVANCED COMMERCIAL TECHNOLOGIES SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: CITY MANAGER ~, 4/5THS VOTE* YES BACKGROUND The San Diego Defense and Space Technology Consortium is a nonprofit Mutual Benefit Corporation organized in August of 1997 under the California Nonprofit Mutual Benefit Corporation Law. The primary business objective of the Consortium and its membership is to capture new business opportunities for San Diego based defense and space industry firms. It's members form highly competitive partnerships to pursue government contracts, in particular Department of Defense (DOD) contracts involving the development, maintenance and operation of advanced satellite communications systems and ne~vorks. The Consortium received its first defense contract after being chosen by SPAWAR Systems Center San Diego and its prime contractor Science Applications International Corporation to provide a software engineering center. The center will provide a leading edge physical and management environment for the development of critical satellite planning and management software for DOD satellites. The site chosen for the Software Engineering Center is the Gillespie Field Business Park, due to its Iow total cost of ownership and expansion potential. Also the Software Engineering Center is expected to exert a major, positive impact on an economically depressed region of San Diego County with an annual payroll of $6.5M representing 160 jobs in the high technology fields of software development and neNvorking. The software engineering center opened October 19, 1999. The purpose of this item is to gain Council's resolution of support for the Consortium and acknowledging that it will be of benefit to Chula Vista defense companies. RECOMMENDATION Space Technology Consortium as a benefit to Chula Vista Defense companies. PAGE 2, ITEM NO.: MEETING DATE: 09/12/00 BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION Consortium members will be participants in the integrated project team. In short, as a member of the Consortium companies could be project team leaders or members in future projects. Membership is based on a percentage of the company's annual revenue. Currently, there are no Chub Vista companies participating in this membership organization, however, staff will be facilitating a meeting of introduction between the San Diego Defense and Space Technology Consortium and with GCE Industries, Raytheon, and BFG this month. The Consortium also seeks to partner with local governments because the defense and space industry is most susceptible to impacts resulting from changes in government policy, programs, and regulations. Support from local governments ensures the long-term growth and success of this vital industry to our national economy and security. Moreover, governments can stay tuned in to some of the economic business opportunities that are unfolding in their district, neighboring districts, and the potential impact it may have on their constituents. Tom Sheffer, the CEO of the San Diego Defense and Space Technology Consortium has proposed bringing Chula Vista Defense Manufacturing Firms into the Consortium to help them gain a competitive edge when bidding for large Government Contracts and has asked the City of Chula Vista to support the organization and it's efforts. This represents a unique opportunity for Chula Vista's existing and future Defense Manufacturing Companies. Support, in this case, requires no direct financial contribution or membership, merely recognition that this membership organization would be beneficial to Chula Vista defense companies. The Consortium is sponsored by Predicate Logic, Inc., and is actively supported by the County Board of Supervisors, Office of Congressman Duncan Hunter, Office of Congressman Randy "Duke" Cunningham, City Council of San Diego, State of California, California Trade and Commerce Agency, San Diego Economic Development Council, East County Economic Development Council, San Diego Regional Technology Alliance, California Space Technology Alliance and San Diego State University. FISCAL IMPACT None. H:\HOME\COMMDEV~STAFF,REP\09-12-00\consortium.doc COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE SAN DIEGO DEFENSE AND SPACE TECHNOLOGY CONSORTIUM AND ENCOURAGING ITS EFFORTS TO SUPPORT AND PROMOTE CHULA VISTA'S ADVANCED COMMERCIAL TECHNOLOGIES WHEREAS, there are numerous companies, laboratories, and universities located in the San Diego region which specialize in the research and development of advanced defense and space technologies; and WHEREAS, there has not been a formal organization in place to allow local entities to compete for federal defense and space technology contracts; and WHEREAS, individuals representing various laboratories, businesses, and universities have formed the San Diego Defense and Space Technology Consortium; and WHEREAS, this Consortium of local institutions and companies will now provide the central organizational infrastructure necessary to quality San Diego Region businesses as eligible bidders on these contracts; and WHEREAS, the establishment of the Consortium notifies the Department of Defense that the City of Chula Vista and the San Diego region have the resources necessary to compete for high-tech projects; and WHEREAS, such projects could have a significant impact on the creation of jobs and additional economic contributions to the City of Chula Vista and the San Diego region; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Chula Vista does hereby support the San Diego Defense and Space Technology Consortium and encourages its efforts to support and promote Chula Vista's advanced commercial technologies. Presented by Approved as to form by Director of Community Development H:~HOME\COMMDEV~RESOS\RESOLUTION OF SUPPORT FOR SAN DIEGO DEFENSE AND SPACE TECNOLOGY CONSTORIUM II.doc COUNCIL AGENDA STATEMENT Page 1, Item Meeting Date: 9/12/00 ITEM TITLE: Resolution Approving Final "B" Maps for Chula Vista Tract No. 96-04, Otay Ranch SPA One, Village 5, Units 8 and 10 (Portions of Neighborhoods R-35 and R-36), accepting on behalf of the City of Chula Vista the assignable and irrevocable general utility and access easements and approving two "B" Map Subdivision Improvement Agreements and authorizing the Mayor to execute said agme~Jnents. SUBMITTED BY: Director of Public Works~ {~ REV1EWED BY: City Manager~~ C/ (4/Sths Vote: Yes No X ) Tonight, Council will consider the approval of the Final "B" Maps for Units 8 and 10 of Otay Ranch Village 5 (CVT 96-04) and associated agreements. The Subdivision Improvement Agreements are executed by Otay Ranch V-2, LLC as owners. On April 20, 1999, Council approved the "Agreement for Financing and Construction of Olympic Parkway and Related Roadway Improvements". The approval of subject Final Maps is consistent with the cumulative equivalent dwelling unit threshold established by said agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approves the Resolution approving the Final "B" Maps and the "B" Map Subdivision Improvement Agreements. DISCUSSION: On November 19, 1996, by Resolution No. 18398, Council approved the tentative map for Otay Ranch, Village 1 and a portion of Village 5 (CVT 96-04). One of the conditions of the tentative map required filing of an "A" map creating "superblock" lots prior to approval of any map creating individual residential lots. On August 4, 1998, by Resolution Nos. 19124 and 19125, Council approved the first Otay Ranch Village Five "A" Map and associated Supplemental Subdivision Improvement Agreement CA" Map SSIA). The Final "A" Map created the "superblock" lots corresponding to Units 1-12 (Neighborhoods R-34, R-35, R-36, R-37, and R-38 of the Tentative Map). The "A" Map SSIA satisfied several conditions of approval of the tentative map. Final Maps and Subdivision Improvement Agreements The land to be subdivided by the final maps for Units 8 and 10 of Otay Ranch Village 5 is generally located south of Otay Lakes Road across from the Telegraph Canyon Estates subdivision and west of Eastlake Greens and the proposed SR-125 route. The final map for each unit consists of the following: Page 2, Item Meeting Date: 9/12/00 Number of Single Number of Private Total Final Map Final Map Family Units Streets & Open Space Acreage Unit 8 43 6 9.891 Unit 10 17 3 3.696 TOTALS 60 9 13.587 Units 8 and 10 of Otay Ranch Village 5 contain a total of 60 single family lots (9.913 acres), 3 private street lots (2.109 acres), and 6 private open space lots (1.565 acres) totaling 13.587 acres. The private open space lots and the private streets will all be maintained by a Homeowner's Association. A plat and location map of each of the subdivisions are attached herewith as Attachments A-1 and A-2. The final maps for the two subdivisions have been reviewed by the Departments of Public Works and Planning and Building and have been found to be in substantial conformance with the approved Tentative Map. Approval of the maps and associated subdivision improvement agreements constitutes acceptance by the City of all assignable and irrevocable general access and utility easements. The developer has also executed Subdivision Improvement Agreements for each of the two maps and has provided bonds to guarantee construction of the required onsite public improvements and to guarantee the subdivision monumentation. The Subdivision Improvement Agreements and bonds are on file in the office of the City Clerk. The construction and bonding of all off-site street improvements required to serve Units 8 and 10 have been addressed in the Olympic Parkway Agreement. Final Map Conditions/Supplemental Subdivision Improvement The fees and/or cash deposits which are specific to the "B" maps have been collected in satisfaction of the various Tentative Map conditions of approval. A "B" Map Supplemental Subdivision Improvement Agreement was previously executed by the Developer encompassing units 2 through 12 on 8/31/99 by Resolution No. 19592 which satisfied several conditions. All other conditions of approval have been met. Miscellaneous The Minutes of the 11/I9/96 and 8/4/98 Council meetings and the Developer's disclosure statements are attached as Attachments B and C, respectively. FISCAL IMPACT: None. All costs associated with the proposed "B" Maps and related agreements are recovered in accordance with the Development Agreement for the Otay Ranch Company. Page 3, Item Meeting Date: 9/12/00 Attachments: Attachment A-l: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Unit 8 Attachment A-2: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Unit 10 Attachment B: Minutes of 11/19/96 and 8/4/98 Council meetings Attachment C: Developer's Disclosure Statement H:\HOME\ENGINEER\LANDDEV\OTAYRNCH\A113V5 Units 8 & 10-m~e.doc File No. 0600-80-ORI43F and 137F "' ~ '~~'~ ~o ~=-_:_-. .. -..... . -~~.~-~~_ .......... ;~ .... .......................... ~~:-- .... - ...... ~bh~ h~ ~ ~ ~nu~ to th~~O~6' ~ off--g) :~ ~SO~oN 1~- ~O~G 'A ~0~' C~~ ~~ ~OR OTAY~ ~A,O~ ~~_ ~ ~ n ~ i*~. ~ d~ not ~ n public h~, ~~ ~- ~ ~ ~t~, b~ a~ n~ : ~: _.".. ~ , ._ ~s~ ~ :'~: :~~ :.~,:~ : ~:-- _ -._ : . ~m , ~ * -~ -(~ '~n .... ' :' C; -: 'r. ..... -'.-: .: - . ..... . .. ~X~ ~bm~::-:.: .... ~ot ~d~ for ~ o~ d~e]o~. - Mi~u~ N~v_--.ube_r tP, !PP~ 7. ?-~E$OLTJ~O~; 1~4~9 ~r~O~G ~,~ ~OM ~.~.~ ~%~ FOR ~OL~ON 1~00 0~ BY CO~.~ ~0~, FuBL]C ~G5 ~ ~A~ ~OL~I'IONS ~ O~S FOR ~CJ'Hk::T~,~];~AI'~ TO 1991. - .: ' s RM Da~%, ~3 Fo~ Av~uc, ~ula Visa, ~% Nov~mb~ !9, !9P6 ~ ~fi~ ~ ~ ~ a p~ ~ ~e ~-~g. ~ ~ ~fi~ ~d hot ~ ~ by ~= - ~.~.~_~.Z:~ ~ ~, ~ =L:~.~..~, ~ ~.~ ~_~ ~ ~.~.~, ~ ~ ~~ M~t ~ if ~= m~t ~d~ ~d ~ ~e ~g ~ wo~d ~a~e D~l~m=nt ~f~ ~ ~ ~ ~ ~v~ ~d ~g ~e~n~ ~e A ~ · . -~- ~ppiE~d~y ~: ~s op~on ~ long ~ ~ ~ a =n~fion N m~, mey ~'t do ~y B ~ps or ~y develop, m~m ~],~ ~.~ ~ ~ '~Iv~Ii'N 'i'~ N ~e. but not a ~ ~ d~elopmmt m~g ~ ne md not h~ ~ ~ ~ ~e C~ m~ l~ ~on, ~ ~= m~t b~d~ ~ nbt ~v= ~= r~o~ ~e ~ b~dm wo~d ~v=. ~h-n~ ~ ~e ~ of ~c ~H~ ~ ~ ~ ~ that ~ ~C ~ f~ ~ ~ ~n~ ~ not ~d ~-~ag= D~lop~t mff ~t a lot of ~m~ m ~ ~= pmbI~ ~ ~ ~ Sa ~ ~ not ~1: wh~ you ~ve a ~v: m~ ~mv~ ~d ~'s ~ ~g~ D~el~t is ~.~ not ~ obligation ~'Sm~ law or ~ ~hcy ~ ~ ~5~t foH~'-~ s ~e ~ ~mv~ ~ ~ A ~p- ~ ~ ~ff~t ~ut ~s ~j~t k ~u~ ~e d~:lovm~t a~t ~a a ~ ~m ~ff ~a: '- VHiageD~clovm~t~~do~A~pon~e~ol~f '- ~ - 0- - . m_ S..% ~a=~ by ~a=_ ~nfiifio~ oF a~v~, ~ey ~v: m ~ ~nfi~ ~ ~= ~ ~:~ ~mt~, ~ N $160 ~5on. _NovemL~-~_ 19. !996 Develop~ o~p ~ V~ag: 5, ~t f~ ~o i0 to ~5 ~ ~ ample ~ m ~p ~c~ of~ not~ Co~=m~ M~t expr~ ~n~ of ~e p~--d~ VElag~ Dev~l~m~t is obiigat~ to vrovide for ~ P?~p=~y~ fi~-y ~r=. bound by ~.- p~ uvi~ic~s of ~ d~v~]~ a~* '~,,~ ,~.- ~-z ' - - _ ~L-. 2~ ~i~.~ b~s ~ not ~ ~ ~ ~ ~ bv ~= ~ C~=f~ C~:f of ~= ham~, ~o~ ~ k wo~d not ~ ~,~r-~ ~ :or -~mu~2l~. ~ ~e ~on~mv ~s p~ ~ ofi~m~y ~n~iv~ ~ ~. '~n~ you ~v= ~a=. ev~ if~, ~ ~& ~ ~ not ~ d~g w~t ~ ~ve ~e p~ ~ is a ~ ~%, ~d ~ ~ ~v~ ~on ~d ~,, not i~ ~cse ~6o ~ ~brd m ~ ~ Me ~gle-~y ~ ~gh= r~d~H~ Mayor ~omon mm~ ~ ~ ~= w~ ~mmo~ . - .............. ~:t~a~o~o~g~lf~j~k;~.. · . . ~ ~s evag ~cH ~k= a 1~ ~g:=fion 7.1 of t =eve:cFm=t a~m~t ~d ~ ba~ne ~~; ~d it ~ cl~ ~ ~ ~d not ~t ~ ~ a s:7~:2cn ~ ~s develo~m=t ~at w~ not ~ oI o~ devel~m~. ~ ~m ~ ~ow ~M ~Jo~ of ~eL- develo~m~L: ' >~C ~ ' - ~o~omA~e~-/ m ~iow ~a~ dcs~ :~m d~qk m oppo~_. - Minm~ MSC (Mery/Horinn) to allow some facilities ~ fram dusk to dawn. approved ~3-1, with ~Lndone opposed and pasta, absent. . ibESOLUTION$ 1~41g, 115417 AND lg3~10~-<ED E¥ COUNfTnLMEMBER RIN~ONE, ~-c~p. iion of ~ ~ i.ss~e of the be=~n~ se. parale which is It~m_.lZ, _api~_~_*ed ~-41-1 wi~h Pa~,'li~ iS. PUBLIC HEARING ADOPT12~G OT&¥ RANCH PRF~A.NN~w.A. TION DEVELOPlV~_~N-r ~,-! subdivisicm nmF. The am--~dme~ also .a,t,.,.~.~ ~.,...~ probl~,-, with regard to a~.v debt pay=z~ be feted tn ,'~¥- public imia~'ov-'~r,v'~t$ or should d~,-velopr,,~ be only panlally co~i~. Ir, ted on amy .~a~i=niar B~iW":."~N OTAY RANF'Ff.,_-J..~..., .A_-_.CAT-TPORNIA~J.,I~I~'-I~-:;PAI~.~qt~x,~', Vl'r~.~,~ D'E"v ~".~".~".~".~"~ 0 PiV~NT, A CA.LIFORNLt_ GElk~itLI.L P.~, A_ND ~ {.21 1/ OF Cfi ULA 'v"l~"Tl r~dir~) ORD1LN.~NCE ~691 O~.e.~ ~:D BY COUNCILIVLEM~ER MOOT, Lududlng adding ihe bonding ia~-u.~e s~:fioa .?.~ ~p~v,~ ~-1-1 with Rindone opposed end ~n~, ts OR~L * Bfl] Bra~r, 1755 Old GUd'-t~ Avenue, L-vine, CA, .;r?.~rntlng Ba]fiwin Bu~d~_-~a~vr: a~ .up.'i-~"~vith the S:- Clair~ Cross~ng development. . BOARD AJWD COM~4qS~ION RECOM2M]ENDATIONS None submitI~L 14. RESOLUTION 1g~94 DISSOLVING TI:is COUNCIL APPOINi'.~AD IiN'IJ~LIM SECA BOARD - On - 8 /22~ $ , ;Council ~ei'~ O-¢ed ~ Iu~im BE. CA _.Advisory Board: ~.b y, !1, org~j_~,o~-.m, di~ duals- orga-i~fiond'mdlvlduals' wc-r~ recommmrlt~l by staff to ~v~d~ a'.mix7 of publ!¢Tmd:l~fi .v'~C..~m_tlt{es who .arc stak~.~holdcrs in the r~glonal BEC..A alliance. 'i-ne Boa~l's contn'butions include working with staff in the are. as of coordinating and lev:-.aging regional resom'r~, ~hanced program marke~iug, and providing t~anical advice., ii'he, se functions may lac best served by the Board continuing tn a=t in an advisory capafity to th~ SECA prog'mm and staff. For ~e puLpos.~ of legal clarification, staff is r~comm~ding the existfiag ht.~-'im Board, as appoLated by Council, be dissolved and the new Board memlaerdaip be sel~-r--H by staff. Staff recommmad~ approval of the r-_solution. (DL~mr of Comm~mlty Devclopm~-.nt) Continued from the meeilng of 11/12.196.. Cheryl Dye, FEconomic Developmemt Ma=ag~, said w',affr~_omm:mds Co=cH dissolve the Covmcil-appoimed SECA Counciimemb,* Moot sug_oes-'~,ezl cons'dtuting an Ad Hoc Cotmc[l sllb~omrnitL~ on the SECA board and requested s~.aff re_~e~-=h the issue of an ad hoc wa~cornmltt~. '~qth CotL~ciI S~,~v~I3g P-S 21R eX-OfI~cio nou-votLug member. Nov--tuber !9, 1996 .?a~ i 0 i fi. MAYOR'S R~'~PORT(S~ 17. CO~cm CO~ ..... ~ ~ of ~a~ for pubic h~gs m~g ~o~ of ~ ~'s C~:,i~~ .~ Moore, Act~g O~ A~mey, ~md~ ~ ~e Ci~ ~m~ go ~m ~od ~ pm~t · e mfi~pa~ ~¢~m pm~on of ~c Bm~ A~ ~e ~ ~ ~ ~ J~ ~ a clo~ ~om M ~omn) .m g6~m ~d~ ~on for ~ ~e A~ O~ A~m~-~t~ *o~ ~1 Ms. M~m ~vi~ ~e~ h~ ~e au~ofiW ~ ~u~ Co~ go ~m ~ cl~ ~; She ~ Mayor Ho~on requ~ed Coundl go in~ a d~ed s~om Davi~ p~, T,~br~ an~ R~rrRation Dire~r, r~spon~e~ '-hat he ~i~ nD~ fe~l that ~ul~ ~ a ~ob!~. Tha: wa~ ~e intent. With :he P~ks Master P!~n ~e ~X ~ ~-~R ~ ~ ~IC ~u~O~; I~O~ O~r~ OF D~I~ION OF r~. I~=~ OF ~ P~ ~, OL~!C November 19, -.96, ~ci! appr~ed_a_ p~ion of Uhe Ten~a~ive..Subdivision f~r Tra~ 96--04, ~ay Ranch SPA ~e (O%ay Ranch Villages One and a po~ion vi!la~m Five, ~=!ud~.2~8 a~_locaued, ~ a Do~ion of Villages One and Five). On M~=h 25, 1996, Council a~r~ed a po~io~ of the Tennative Subdivision Map 96--04 (~ay Ran=h Village Five,-{Neighborhoods 28, 29, 30, 31 and 39) . Condi=ion N~er 1~7 of ~e ~resolutions~r~e.~e,d~elo~r to submit and obtain City approval of a ma~er final map~'A~Map}--over2the'po~ion of th~ tentative mad within each Village area mhowi~--'s~r block- lots. All 'super block- created are also re~ired to have access to a dedicat~J public mtreet. Per snaff's reco~.~da~on, %he r~m!utions were approved unan~usly 5-0. (Director :f Publi~ W~ B.': ESOL~ION 19125. ~PROVING_'A~ ~.~P~ ~iVISION-I~RO~ A=~.~OR'~U~ VISTA ~ mERe96-04, OTAY ~-s~A O~"Po~io~Y~OF Nu~er 639-!60-32 is :urren~!y in pr*tess..The parkway a!~n~ Easu Na~!es Sureeu to --he aourdn of this parcel, whirh is pa---- of the ri~h-.-of-way .for East Naples $~reet, is adjacent to Open Spare DistriD--_' Number 5~-but has no~ v=- been DffiriaL!y a~exed ~e --he Dis--ri~. Per s'-aff's re=~m~,endation, the resolution was a~rD-_--~ved__ unanin%Dus%v_. 5--0. (Dire~or Df ?ub!ic Works) ~ ~ZO~ ~K ~R~ - The ~ents Piannin~ and Coordination Tazk F~r~e for ~a~s ~n %he ~o~uniTy. At the t~e of approval of the ~hitheat~r-projer~, -~--- ~s~ssed ridden p~iuipation ~d f~ack, Da~i~l~!y r_pr_ _nu =~uniCv ~n ~he ~n~ P!~g ~d Coor~a~i~n ~azk For=e.- iZ.{_ .-_ n~ate~ by ~e Mayor/ He ~'~om!e wh~ have b~n- have ~ ca!!~i ~e felt it would be bes~ ~o have s~eohe fr~ the ~ome ~i~b~r~ P~nd~ne a~reed. ~f we have an. option and choize of_ vs!unteers ~en he h~d we would opt for the homeowners. --. ' O~ CO~I~TIOMS ~SPE~-~zv~. PROP~ ~ BI~S. FOR COZ3~ION' -. Council shall c~nsider placin~ de!~en= s~er ch~es on the re~ctive. _Dro~Y tax bills fo~ collection the t~e set for hearing together with any ob4e~ions or protests by interested p~ies. At ~he cDnc!usion of the hearing, Council shall either approve the approve a resolution assessing such ~mounts as liens upon the res~ive parcels o3/u7/oo TL'E 11:43 F.~ 619 691 5171 CHUL~ VISTA ENGI.';EERING ~t',~- ~ ~o02 · ~ c a ~tcm~t of Disclos~e ol cc~ o~p or fin~nci~ ~t~, p:tym~m, or c~gn e ~ntfibufio~, on ~ mtte~ wM~ w~ ~ui~ d~cfio~ aaion ou ~c p~ of ~c Ci~ Co.oil, PI~;~ Commi~ioa' ~d M1 ,~er o~ci~ bodi~. ~e ~llow~g ~o~ion m~t ~ disclose: 1. ~t ~: n~ °f ~ P~m hav~g a fm~ciM ~ter~t ia ~e p~ wM~ is ~e subjt~ of ~e ~li~ion or h.; Co~, e.g., o~, ~p~t, Con--tot, su~on~ctor, mat~M s~ppli~. 2. If any person* identified pul~uarit to (1) above is a corporation or par~ership, list the mtmes of all individuals c ;;~ag more thaaa 10% of the shares in the corporation or owning my parme.~hip inter~t ~u the pluum'xhip. 3. If a.uy person~, identified pumm~t to (i) above is non.profit organ;.~.fion or a trust, list thc names of any pcrso ~ st, a.vi~ a.s dlreetor of the non-profit Ol-g=niT~r{O~l or as ll~lstc~ or bealefi, eiaz)~ or tmstor of the trus~. Have you had mor~ rhun $250 worth of bash~ess transa~tecl with my ~ of ~e Ci~ s~, Bo~ds, C{ rr~mi~sio~, have ~si~ to ~s~t you b~re ~e Ci~ ~ ~ ~er. 6, tLavc you and/or your officars or age. ars, in thc aggregatc, contributed mor~ zh~,, $i,000 to a Council mem~ ~ thc~ or pr,',-~Ang cl~:tioll period? Yes ~ No~_ If ye~, state which Cotmeil m~l~bers(s): * * * (NOTE: Attached additional pages as nee~'~-.y) * *" Signature of Contra~orlAt,pli~t Print or WI~ n~m, of Con~:a~tor/Applicaut Person is d~necl ~.. 'Aw~ individual, firm. co-partn£rsh(u, jo~nl venture, association, soeia~ club, fraternal or corporation, earate, rruat, receirer, yyndicate, ~his and any o~her coumy, city or country, city rau~ 'cipaliry, diztricr, or ot~, :r poli~icol subdiviaio~, or any other group or combination ae~ing ar a You arc reaClUir~l to file a Statement of Disclosu.m of certain ownership or fi~cial interests, payment, or campaign c mtributiorm, on all ma~tcrs which will r~xluire discretionary action on thc p~'t of the City Council, Planning Com~ion, and all ,~-cr official bodies. The following information must be disclosed: 1. List the names °f all Pcrs°m having a financial interest in the property which is the subj~ ct of the applicatlon or b: Contra~t, e.g., owner, applicant, Contractor. subcontractor, materi~l supplier. 2. If any l~r~on* ideat~l pu-~uent to (1) above is a corporatio~ or partners~p, llst the mtmea of all individual~ c ~mLng more than 10% of the shares in the corporation or owa/ng eny parmcr~hip intar~t ~n the pmmershlp. If any person~ identified pttrsuant to (I) above is non_profit or~a,~;~.~,!on or a trust, list the names of any perso ~ serving ~s director of the non-profit or~ani~'-~rlon or a~ mmtee or b~ndiciary or trustor of the u~usL Have you had mom th~,~ $250 worth of business transacted with any m~mb~r of the CRy staff, Boards, C[ remissions, Commit~ees, and Council wj~in the pa~t 5velve month? Ye~ ~ No 7~ If yes, pl~.~{: indicale permn(s):__ 5. Pl~se identify each and evet~] person, !nc!~IL'~ my agents, employees, consultan,c, or independent Contractc :~ who you have essigned to represent you before the City in this matter. 6. Have you and/or your offi~rs or agents, in the aggregate, contributed more than $1,000 to a Council member/n the currant or pr~.,~lJng election period? Yes __ No ~ If yes, s~a~e wtfich Coune~ men~b~rs(s): Date: ?/~/~) * * * (N'OTE: Attached additional pa~es as n~e,~s_,-y) * .~ .. Signature of Contrac~orJAi,plicant Prin~ or type name of Conlractor/Applicam · Perxon i~ dg~ined as: '/.ny individual, firm, co-panner~hip, joitu venture, aysoaintion, social dub, fraternal or ::unization, corporation, e.,-tate, trust, receiver, xyndicate, thl~ and any other county, dry or country, dry tnu~ :d. pality, district, or ott~ ;r t~olitical subdivision, or any other group or combination a~ing ay a unit. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA VISTA TRACT NO. 96-04. OTAY RANCH SPA ONE, VILLAGE 5, UNITS 8 AND 10 (PORTIONS OF NEIGHBORHOODS R-35 AND R-36), ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS AND APPROVING TWO "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista TRACT No. 96-04 OTAY RANCH SPA ONE, VILLAGE 5, UNIT 8, and more particularly described as follows: Being a subdivision of Lot 7 of Otay Ranch Village 5 "A" Map No. 1, Chula vista Tract No. 96-04, as shown on Map No. 13615, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 12, 1998. Area: 9.891 No. of Lots: 49 Numbered Lots: 43 Lettered Lots: 6 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the Assignable and Irrevocable General Utility and Access Easements, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that the city Clerk of the city of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map; and that those certain Assignable and Irrevocable General Utility and Access Easements, as granted thereon and shown on said map within said subdivision,are accepted on behalf of the city of Chula vista as herein above stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 3rd day of July, 2000, for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula vista Tract 96-04 OTAY RANCH SPA ONE, VILLAGE 5, UNIT 10, and more particularly described as follows: Being a subdivision of Lot 15 of Otay Ranch Village 5 "A" Map No. 1, Chula Vista Tract No. 96-04, as shown on Map No. 13615, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 12,1998. Area: 3.696 Acres No. of Lots: 20 Numbered Lots: 17 Lettered Lots: 3 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the Assignable and Irrevocable General Utility and Access Easements, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and those certain Assignable and Irrevocable General Utility and Access Easements, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the 3rd of July, 2000, for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. 2 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be and is hereby authorized to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John~/~/Kaheny d/ Public Works Director City Attorney H: [Home\At torney\RESO\Ot ayRanchVlg5. R- 3 6. wpd 3 . . . \.. 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 SUBDIVISION IMPROVEMENT AGREEMENT J rO THIS AGREEMENT, made and entered into this ~ day of ____ JJ\~ ' 2000, by and between THE CITY OF CHULA VISTA, a municJ.pal corporation, hereinafter called "City", and OTAY RANCH V-2, LLC, a Delaware Limited Liability Company, 3920 Valley Centre Drive, San Diego, CA 92130, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the city of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as CVT 96-04 Otay Ranch village 5 unit 8 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and 1 q-2/ . . . WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to city improvement securities as approved by the city Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution" No. 18398, approved on the 19th day of November, 1996 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos.99-441 through 99-444 inclusive, on file in the office of the city Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the city in the amount of One Hundred Seventy-Seven Thousand Dollars and No Cents ($177,000). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals (" Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the city Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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 2 q-Z2. . or before the second anniversary date of council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. . 6. Subdivider further agrees to furnish and deliver to the city of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Eighty-Eight Thousand Five Hundred Dollars and No Cents ($88,500) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the city of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of Eighty-Eight Thousand Five Hundred Dollars and No Cents ($88,500) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the city of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Eight Thousand Dollars and No Cents ($8,000) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. . 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by city for the completion of 3 q-23 . . . the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the city, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with city a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by city, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by city, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 4 q-2Lf . . . 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the city, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the city or its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The city Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the city Attorney. 5 q-25 . SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT CVT 96-04 OTAY RANCH VILLAGE 5 UNIT 8 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 OTAY RANCH V-2, LLC, a Delaware Limited Liability Company --I~~Jt-:- J&^ ~\ d tJ ~ r'\. . Mayor of the City of Chula vista ATTEST City Clerk Approved as to form by 6: ~ . Ci~~ . . (Attach Notary Acknowledgment) 6 q-2b ALL-PURPOSE ACKNOWLEDGMENT r.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.' . · State of California 0 . .} · t County of JJri _UlgJ 55. t ! On :rv.O~ ~~i OOD y) ~e~~e m~ 0 0 r3 T~Y) ! , personally appeared '&11...) vOL WI' , SIGNER{S)' . - . t- '~,personal1Y known to me ~ OR- 0 proved to me on the basis of satisfactory t . evidence to be the person(s) whose name(s) · t is/are subscribed to the within instrument and t . acknowledged to me that he/she/they executed · t the same in his/her/their authorized t i capacity(ies), and that by his/her/their . i , signature(s) on the instrument the person(s). , or the entity upon behalf of which the , i D. STRAUS person(s) acted. executed the instrument. ; · . Comm. .1137361 ~ . NOTARY PU8UC.CMIJORNt t:AN DIEGO COlIITY I -'"" '~_":'~..~ 1 WITNESS my h>n' "'" officW =1. I .1 L~SIGNATURE 1 t t . OPTIONAL INFORMATION · t The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- t . edgment to an unautborized document. · t CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT t . . , Om~IDU~ , ! p;g CORPORATE~FFICER "\'-r- JlJ;lUJ;.])JS}l,;\..~L/J)f15/;e!J101d: ! t LJ/CE t~~~lfiL)f 1TILEORTYPE~FDOC~/ltlfLk- t , 0 PARTNER(S) , , 0 ATIORNEY-IN-FACf '}' i 0 TRUSTEE(S) NUMBER OF PAGES i . 0 GUARDIAN/CONSERVATOR · t 0 OTHER: t i DATE OF DOCUMENT i i SIGNER IS REPRESENTING: i . a NAME Of PERSON(S) OR ENTITY(IES) t ! OTHER: L._._._._._._._._._._._._._._._._._.~ APA 1/94 VALLEY.SIERRA, 800-362-3369 q.27 . . . LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $BB,500 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $BB,500 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $B,OOO securities approved as to form and amount by ~tr!CM{~ City At rney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement H:\home\attorney\sia\ORSU8 7 1-28 . . . '{" 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 SUBDIVISION IMPROVEMENT AGREEMENT .., ro THIS AGREEMENT, made and entered into this ~ day of ____ '\~\J ' 2000, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "city", and OTAY RANCH V-2, LLC, a Delaware Limited Liability Company, 3920 Valley Centre Drive, San Diego, CA 92130, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the city Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as CVT 96-04 Otay Ranch Village 5 unit 10 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider'S own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said council; and 1 q-21 " . . . ". WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to city improvement securities as approved by the city Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject tp certain requirements and conditions, as contained in Resolution No. 18398, approved on the 19th day of November, 1996 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the city Engineer, as shown on Drawings Nos.99-445 through 99-447 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the city in the amount of One Hundred Seventeen Thousand Dollars and No Cents ($117,000). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the city Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals (" Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 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 2 Q-30 " . . . or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the city of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a suff icient surety, whose sufficiency has been approved by the city in the sum of Fifty-Eight Thousand Five Hundred Dollars and No Cents ($58,500) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of Fifty-Eight Thousand Five Hundred Dollars and No Cents ($58,500) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Three Thousand Two Hundred Dollars and No Cents ($3,200) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by city for the completion of the Improvement Work within said subdivision in accordance with 3 q3/ " . . . such specifications herein contained or referred, or at the option of the city, as are approved by the city council at the time of engaging the work to be performed. Upon certification of completion by the city Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that city, as indemnitee, or 4 q -32... " . . . H any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adj acent or downstream propert ies or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the city Manager in his/her sole discretion determines that such an assignment will not adversely affect the city's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the city Attorney. 5 q-33 ".' . SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT CVT 96-04 OTAY RANCH VILLAGE 5 UNIT 10 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 OTAY RANCH V-2, LLC, a Delaware Limited Liability Company _vL~ ~~ \Sc.\dw~" Mayor of the city of Chula vista ATTEST City Clerk Approved as to form by .e.4l~ f7t 'u. . Ci~:;~aaey ~ (Attach Notary Acknowledgment) . 6 q -3'1 ",,>.. "I ALL-PURPOSE ACKNOWLEDGMENT r. ..-..~.~.~. ................~.~.~...............~. .-.............-.......... ~......... . _ State of California ~} ! ! County of Son D~!p SS. t I On CJW~ '?' ()CJC{) before me, }) STf?JYJ...J , ,- personallyappe:-;;; PI) TLJ Cf\UJLU I fl) (NCITARY) -, SIGNEIl(S) -, l'5Q 0 -, ( personally known to me -.OR- proved to me on the basis of satisfactory _ evidence to be the person(s) whose name(s) - , is/are subscribed to the within instrument and , _ acknowledged to me that helshe/they executed · , the same in his/herltheir authorized , -t 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 _ D. STRAUS - , Comm. #1137361 ~ , NOTARV PUBUC. CAUFOANI SAN DIEGO COUNTY WITNE S h i Comm. E'p. May 11. 2001 .. S my and and official seal. i .1-_ ~J~ i_ NOT ARY'S SIGNA TUllE I I _ OPTIONAL INFORMATION - , The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- t i edgment to an unauthorized document. i , CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATfACHED DOCUMENT , , 0 INDIVIDUAL ' ; ~ CORPORATE 9mCER \), h.rl1 A , IIi ~/I1j ()A :fJ) ,11:>4 '7 It}) ct ; i .UJrf' ~r~~nclJ ,wJ.U~~~;:'~~"""" I , 0 PARTNER(S) , ; 0 ATIORNEY-IN-FACT f); i 0 TRUSTEE(S) NUMBER OF PAGES i _ 0 GUARDIAN/CONSERVATOR - , 0 OTHER: , i DATE OF DOCUMENT i i SIGNER IS REPRESENTING: i . A NAME OF PERSON(S) OR ENTITY(IES) , ! OTHER: L__.-------------------- --------------' APA1/94 VALLEY-SIERRA. 800-362-3369 Q-35' . . . , LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $58,500 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $58,500 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $3,200 Securities approved as to form and amount by ~}1~ . city At~ Improvement Completion Date: Two (2) years from date of city council approval of the Subdivision Improvement Agreement H:\home\attorney\sia\OR5UlO 7 93b COUNCIL AGENDA STATEMENT Item / ~ Meeting Date 9/12/00 ITEM TITLE: Resolution Approving the second amendment to the agreement with the firm of Brown Diven Hessell & Brewer LLP to assign the agreement to Best Best & Kreiger, LLP to provide legal services related to infrastructure financing districts within the City of Chula Vista, and authorizing the Mayor to execute said amendment SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager ~? (4/Sths Vote: Yes No X ) On March 16,1999 by Resolution No. 19388, the City Council approved an agreement with Brown, Diven, Hessell & Brewer LLP to provide bond counsel services within the Otay Ranch Territory. A partner of the firm, Mr. Diven, has changed firms. The amendment before Council tonight will assign the contract to the new firm, Best Best and Krieger, LLP. RECOMMENDATION: That Council adopt the resolution approving the second amendment to the agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: Background A primary source of financing for development related infrastructure, such as roads, sidewalks, drainage, etc., has been through the use of various types of fmancing districts. The complicated legal requirements and financial strategies for the formation of such districts and completion of the long term borrowing through bond issuance have necessitated the use of a team of consultants, including as a core, Bond Counsel, Underwriters, and financial Advisory firms. The City of Chula Vista waived the consultant selection process and entered into long-term contracts with a team of financial advisors, Bond Counsel being Brown, Diven Hessell & Brewer, LLP on March 16, 1999 by Resolution No. 19388. The City has used the services of Mr. Diven of the firm of Brown, Diven Hessell & Brewer LLP for most, if not all, of the City's infrastructure financing districts spanning a period of many years. The first amendment to the agreement with Brown Diven Hessell & Brewer was approved by Resolution No. 2000-158 to add Sunbow territory to the scope of work, previously limited to the Otay Ranch territories. The second amendment to the agreement before council tonight will assign the contract with Brown Diven Hessell & Brewer, LLP to the firm of Best, Best and Krieger, providing continuity of bond counsel services. Mr. Diven is willing and able to continue his services under Best, Best and Page 2, Item __ Meeting Date 9/12/00 Krieger, City staff is anxious to retain a critical member of the Financial Team and the former partners of Brown Diven& Hessell have agreed to the contract assignment. Future Action It may be necessary to amend other contracts with Brown Diven & Hessell. Due to the timing of the bond sale for Sunbow CFD 2000-I, this item needed to be brought forward to Council now. FISCAL IMPACT: None to the City. All consultant fees are paid through developer deposits or through the Community Facilities District. The fee for Bond Counsel services is a percentage of the bond sale, decreasing the with higher amount of the bond sale. The estimated fee for a $10 million bond sale would be $37,500. tea File No. 0725-10-CFD001 H:\HOME\ENGINEER\AGENDA\BESTBESTKREIGER.DOC SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP For Bond Counsel Services related to various financings Dated __ and approved by Resolution No. __ This Second amendment to the agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed, and is made with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista, by Resolution 19388 on March 16, 1999, approved an Agreement with Brown, Diven, Hessell & Brewer LLP for Bond Counsel services related to various community facility district financings for infrastructure in the Otay Ranch territory to take place over the term of the Agreement; and WHEREAS, the City by approval of the first amendment to the Agreement, approved by Resolution No. 2000-158, added the formation of the Community Facilities District for Sunbow II to the Agreement's scope of work; and, WHEREAS, Attorney, Warren Diven, formerly of Brown Diven Hessell & Brewer LLP, is now of counsel to the finn of Best Best & Krieger LLP; and, WHEREAS, the City is desirous of continuing to receive the legal services provided by Attorney, Warren Diven and his present firm pursuant to the Agreement; WHEREAS, Brown Diven & Hessell LLP, (formerly known as Brown Diven Hessell & Brewer LLP) consents to amending the Agreement to substitute Best, Best & Krieger, LLP in place of Brown Diven & Hessell LLP; and, WHEREAS, Best Best & Kreiger is willing and able to provide the continuity of bond counsel services to the City under the terms of the Agreement; and, NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. The Agreement is hereby amended as follows: Wherever the firm name "Brown Diven& HesseI1 LLP" appears it shall hereby be changed to read "Best Best & Krieger, LLP" 2. Except as expressly provided herein all other provisions of the original Agreement shall remain in full force and effect. 3. This contract amendment shall be deemed effective as of July 1, 2000. [Next Page is Signature Page] H:'~h°me~engineer\landdev\d°rmas\Sbdiven2-d°c ,; ,) - ~ SIGNATURE PAGE TO SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP For Bond Counsel Services related to various financings Dated __ and approved by Resolution No. 1N WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement thereby indicating that they have read and understood the same, and indicate their full and complete consent to its terms: Dated ,2000 City of Chula Vista By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: BEST BEST & KRIEGER LLP By: [_~,A3~.~. BROWN?~EN & H~SSELL, LLP By: 2/~ ?/~ ~,~.2-/~'~ H:~,home~engineer'd anddev\dormas\Sbdiven2.doc ~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH FIRM OF BROWN DIVEN HESSELL & BREWER LLP TO ASSIGN THE AGREEMENT TO BEST BEST & KRIEGER LLP TO PROVIDE LEGAL SERVICES RELATED TO INFRASTRUCTURE FINANCING DISTRICTS WITHIN THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT WHEREAS, on March 16, 1999 by Resolution NO. 19388, the City Council approved an agreement with Brown Divert Hessell & Brewer LLP to provide bond counsel services within the Otay Ranch Territory; and WHEREAS, a partner of the firm, Warren Divert, is now of counsel to the firm of Best Best & Krieger LLP; and WHEREAS, the City is desirous of continuing to receive the legal services provided by Attorney Warren Diven and his present firm; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Second Amendment to the Agreement with the firm of Brown Diven Hessell & Brewer LLP to assign the Agreement to Best Best & Krieger LLP to provide legal services related to infrastructure financing districts within the City of Chula Vista, 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 Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by Director of Public Works C~y Attorney H: ~Home ~At torney~Reso~Diven COUNCIL AGENDA STATEMENT Item ][ Meeting Date 9/12/00 1TEM TITLE: Resolution Approving the eighth amendment to the agreement between the City of Chula Vista and Rick Engineering Company for preliminary engineering design services for the final design Plans, Specifications & Estimates (PS&E) for the interchange of Interstate 805 at Olympic Parkway and for Olympic Parkway from Melrose Avenue to east of Oleander Avenue; waiving the consultant selection process and authorizing the Mayor to execute said amendment in behalf of the City. / SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager ~ ~ ~ (4/5tbs Vote: Yes No X _) On January 23, 1996, Council by Resolution No. 18193 approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street. Since then, due to additional work requirements by Caltrans, seven amendments to this contract have been made. These amendments were approved by Council on: January 21, 1997 (Resolution 18555), May 20, 1997 (Resolution No. 18670), August 5, 1997 (Resolution 18749), November 17,1998 (Resolution 19269), July 13, 1999 (Resolution No. 19540), February 22, 2000 (Resolution 2000-062), and June 20, 2000 (Resolution No. 2000-224). The eighth amendment to the contract will provide for final design drawings of the Olympic Parkway interchange including Olympic Parkway between Melrose Avenue to east of Oleander Avenue. The design includes preparation of Plans, Specifications and Estimates (PS&E). RECOMMENDATION: That Council approve a resolution approving the eighth amendment to the agreement between the City of Chula Vista and Rick Engineering Company for the preparation of final engineering design services to prepare the Plans, Specifications and Estimates (PS&E) for the 1-805/Olympic Parkway interchange and for Olympic Parkway from Melrose Avenue to east of Oleander Avenue (CIP No. STM-328); waiving the consultant selection process and authorizing the Mayor to execute said amendment in behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In late 1995, after a thorough selection process, staffrecommended that Rick Engineering Company be awarded a contract for engineering services for three interchanges with Interstate 805 at Telegraph Canyon Road, Olympic Parkway and East Palomar Street. Council Resolution No. l 8193 approved the agreement with Rick Engineering Company on January 23, 1996. Since then, Rick Engineering has worked diligently to design and process the project with all the agencies involved (local, State, and Federal). During this period, seven amendments to the contract have been made due to modification, delays, and changes by Caltrans encountered throughout the planning and design phases of the three interchanges. The first two amendments were approved by Council Resolution Nos. 18555 and Page 2, Item Ii Meeting Date 9/12/00 18670 increasing the original contact cost of $502,070 to $648,390. The third amendment to the contract was necessary to have Rick Engineering prepare a Noise Barrier Scope Summary Report in connection with an opportunity to obtain State funding from their retrofit soundwall program along freeways. This amendment authorized $6,000 for preparation of the Noise barrier report. The City's application for State Soundwall Retrofit funding was successful in the amount of $1.14 million. These funds will be used to offset part of the construction cost of the Olympic Parkway Intemhange. The fourth ($355,050) and fifth ($174,700) amendments to the contract covered additional follow- up work required by Caltrans, affecting all three interchanges, and are described in more detail on Exhibits 1 and 2 (attached). The sixth ($73,700) and seventh ($132,100) amendments to the Rick Engineering contract provided for the completion of the Plans, Specifications and Estimate (PS&E) for the Olympic Parkway roadway section only between a point just east of the Pac-Bell utility vault, east of Oleander Avenue to Brandywine Avenue. This was roadway widening work which was originally to be completed by the Sunbow II developer. This widening project is a TransDif(TDIF) project to be constructed by the TDIF program. Since the developer will receive TDIF credit and the federal demonstration funding was intended to supplement the TDIF, it made sense to staffto move the responsibility to build it by the TDIF program to the City in order take advantage of the funding opportunity. Therefore, staff proposed moving the construction of the widening project and combining it with the intemhange project. Subsequently this phase was separated from the interchange project in order to complete the widening on the same schedule as the segment from Brandywine Ave. to Paseo Ranchero which is being constructed by the developers. This eighth amendment to the Rick Engineering contract takes the next step beyond the PSR to provide for the completion of the final design PS&E for the 1-805/Olympic Parkway intemhange and the roadway portion of Olympic Parkway from Melrose Avenue to the Pac-Bell vault located just east of Oleander Avenue. The intersection of Olympic Parkway and Oleander Avenue and a portion of the work to the east (to the Pac-Bell vault) will be done with the proposed eighth amendment due to the long lead time required for Pac-Bell to relocate their fiber optic utility vault. Rick Engineering will be providing the general engineering design services for the intemhange and roadway widening improvements. The subconsultants and work proposed is (see Exhibit 4): A. Hudson Safe-T-Lite will provide traffic control services for geotechnical surveys. B. KTU&A will provide landscape architectural services for the planting and irrigation of the project as well as the conceptual plan as required by Caltrans and City review. C. Ninyo & Moore will provide the geotechnical services for the project so that their recommendations can be utilized in the design of the bridge deck and roadway improvements. D. TYLin/McDaniel will be providing structural engineering design services for the Olympic Parkway bridge deck widening and appurtenances over 1-805. E. Urban Systems will be providing traffic signal design services for signal modifications at three locations, and three new signals. As in the case of the previous amendments, Rick Engineering Company, and their subconsultants, propose to accomplish this additional scope of work at what we believe is a reasonable price. The rates for services have not increased since the original January 1996 contract. Rick Engineering is being proposed to do the design for this work without a new competitive consultant selection process Ii- Page 3, Item l/ Meeting Date 9/12/00 because they possess extensive cumulative knowledge of the project planning and design essential for the successful completion of this project and the original RFP indicated that the design could be contracted for on the basis of that RFP if the consultant's work was satisfactory. Rick Engineering has done much of the preliminary design as part of PS&E required by CalTrans for the interchange project and it would be more efficient if they completed the work. The environmental work for the subject intemhange and street project is currently being done under the current Rick Engineering contract. Rick Engineering's performance and extensive cumulative knowledge of the project will be valuable in quickly completing this critical element of our transportation system. Further construction assistance will probably also be needed when this project moves into the construction phase. Accordingly, staff is recommending that the City Council waive the consultant selection process of Municipal Code Section 2.56.070 because of the substantial design work already performed by Rick Engineering on the project, which makes the selection impractical and potentially detrimental to the project in light of the need for coordinated design drawings and that the original RFP proposed such an arrangement. The proposed amendment provides for the reimbursement of up to $ 35,000 in expenses incurred by Rick Engineering in the performance of the additional work. These expenses include the cost of making blueprints and copies of various reports, which, due to Caltrans' review has been much more voluminous than originally anticipated. The reimbursable expenses are a budget item for all phases (projects) included in the contract. FISCAL IMPACT: The proposed eighth amendment will increase the contract with Rick Engineering, as amended, by $1,423,360 to a total of $2,813,300. All of the costs associated with this amendment, as well as the amended contract, will be funded from TransNet funding. There are sufficient funds in the TransNet fund to cover the proposed increase. City staff will be involved in oversight, coordination and direction. The City project number is 2409328227. EXHIBITS: 1. Background on Amendments 1 through 7. 2. Table of Contract fees for each amendment. 3. Resolution #2000-224 4. Rick Engineering Company Scope of Work dated August 10, 2000. H:\HOM E\ENGIN EER\AG EN DA\8RICKal 13.fxr.doc File No. 0735-10-STM328 Exhibit 1 Background on Amendments 1 through 7 Due to additional work beyond the original scope of services is again being required, staffreviewed the previous contract and amendments, along with the overview of each of the projects to make sure that we are progressing in an orderly, cost effective manner and according to a master plan. The history of the previous amendments relating to the individual projects will be discussed below: Telem-aph Canyon Road The original contract required Rick Engineering to do preliminary geometries, and assess the need, for a combined Caltrans Project Study Report/Project Report 0PSR/PR); after initiating work on the project, Caltrans committed that they would allow the City to db the work under a permit, which eliminated the need to go through the PSR/PR phase. However, at the same time, Caltrans required the City to do work beyond that initially anticipated and included in the scope of Rick Engineering's contract. This work included additional lane widening under the overpass and northbound off-ramp widening. The First Amendment, which was a no net cost increase amendment, transferred funds that were included in the contract for the PSRJPR phase to the PS&E phase for the additional design work. This additional work included related geotechnical and environmental studies as well as actual design work. The Second Amendment to Rick Engineering's contract involved accomplishing additional work which resulted in an increase of$145,270, bringing the new contract total to $648,390. The changes in the Fourth Amendment to the contract allowed Rick Engineering to perform office calculations, : field staking, and assist staff in the bidding and inspection processes. The Fourth Amendment was the last to include any additional items pertaining to the Telegraph Canyon Road Interchange. East Palomar Street This project involves the provision of a new access to 1-805 by widening the existing East Palomar Street overpass and providing a partial interchange with ramp connections to and fi.om the north. As originally envisioned, this project includes minor bridge widening, installation of new ramps, intersection widening and the installation of traffic signals. The work under Rick Engineering's contract involves the preparation of Access Approval Request (AAR) document addressing intemhange spacing for submittal to Caltrans and the Federal Highway Administration (FHWA). The purpose of the AAR is to provide an initial screening of new interchange projects, allowing for FHWA to provide conceptual approval prior to the approval of a PSR by Caltrans. Rick's contract also provided for preparation ora PSR upon completion of the AAR, with much of the information in the AAR being directly incorporated into the PSR. The contract further provided for preparation of a Preliminary Environmental Analysis Report (PEAR) that documents a preliminary environmental screening of potential issues. The PEARwill provide a recommendation on the type of environmental clearance required by the project and the scope of additional studies that will be required at subsequent stages (PR and Environmental Documentation). The Sixth Amendment, Seventh Amendment and the proposed Eighth Amendment do not include any additional items pertaining to the East Palomar Street Interchange. However, a future amendment could be necessary because Caltrans has indicated that a full diamond interchange, which is one of the study alternatives, may be required in order to approve this additional access point to 1-805. Exhibit 1 Page 2 Olympic Parkway The original contract required Rick Engineering to prepare a combined PSR/PR for the Orange Avenue (Olympic Parkway)/I-805 Interchange. The project included bridge widening or installation of a new parallel structure, ramp widening, intersection widening, and the installation of traffic signals. The first amendment to Rick Engineering's contract only extended the completion date for the work related to this particular project. Neither the First nor Second amendments made any other changes to the scope of work for the Olympic Parkway interchange. While Caltrans was nearly ready to approve the PSR for the Interchange, in September 1998, after they learned we intended to add the segment between Oleander and Brandywine to the overalfinterchange construction project, they required the PSR to be revised to include the additional work. The Third Amendment to the contract was necessary to have Rick Engineering prepare a Noise Barrier Scope Summary Report in connection with an opportunity to obtain State funding fi-om their retrofit soundwall program along fi-eeways. The Fourth Amendment approved the separation of the original PSRfPR into two phases for a separate PSR and PR, and added Olympic Parkway between Oleander and Brandywine to the PSR in order to complete this phase of the project. The Fourth Amendment also completed the Project Report according to Caltrans' requirements. The total cost for all work under the Fourth Amendment related to Olympic Parkway project was $208,200. The Fifth Amendment was solely related to the Olympic Parkway/I-805 Interchange Project and was the result of traffic issues on Interstate 805 and the Otay Valley Road southbound off-ramp. These traffic issues are related to events that are held at the Coors Amphitheatre. Caltrans required that the Olympic Parkway/I-805 Interchange Project include improvements to mitigate traffic backup onto the fi-eeway caused by Amphitheater events. As evident by the traffic backup and delays on the 1- 805 fi-eeway coincident with amphitheater events, Caltrans required the issue to be evaluated as part of this project. This Fifth Amendment will accomplish the addition of anticipated improvements to the nearly approved Project Study Report, and incorporate the appropriate improvements into the Project Report and environmental studies recently started. The Project Report and Environmental Document approved with the Fourth Amendment was modified by the Fifth Amendment to include additional engineering and environmental documentation expanding project features. The work included metric topographic mapping; additional environmental documentation including noise, biological, archaeological, cultural, traffic, geotechnical, lead testing, air quality and visual quality/land form elements, completing the actual PR and additional reimbursables. The additional total cost for the Fifth Amendment was $174,700.00. The Sixth Amendment to the contract provides for the final design of Olympic Parkway, between Oleander and Brandywine. The Design includes the preparation of Plans, Specifications and Estimate (PS&E), modification of the existing Project Study Report (PSR), Project Report (PR) and environmental documents for said segment of Olympic Parkway and allow for reimbursable expenses incurred in the completion of this work. The Seventh Amendment will provide additional storm drain system design work and re-analysis of the initial drainage report in order to comply with current City standards for 100-year frequency' - Exhibit 1 Page 3 storms. Approximately 400 feet of existing sewer system must be redesigned and relocated for the Poggi Canyon Sewer Trunk System including an existing water line and related fire hydrant work. The improvement and grading plans will also be modified to incorporate recently adopted streetscape planning, grading, meandering walkways and street lighting in the area. Approximately two-thirds of the cost for this amendment is related to work for the soundwalls required along the existing residential areas to the north and south of the proposed road-widening project. The work required for this amendment will provide for the design surveys for additional topograplfical work in the areas for the soundwalls and to prepare the boundary and legal description for tempora~ and permanent easements for the construction and maintenance of the proposed walls. In addition, the sound walls will be designed and the special provisions and bid item list provided so that the City can use these to advertise and award the construction contract. The amendment also includes additional reimbursable expenses related to the additional work beyond those identified with the Sixth Amendment. As in the case of the previous amendments, Rick Engineering proposed to accomplish this additional work at what we believed was a reasonable price because they possess extensive cumulative knowledge of the project planning and design essential for the successful completion of this proj eot. The Eighth Amendment to the Rick Engineering contract provides for the completion of final design Plans, Specifications and Estimate (PS&E) for the 1-805/Olympic Parkway interchange and the roadway portion of Olympic Parkway from Melrose Avenue to the Pac-Bell fiber optic vault located just east of Oleander Avenue. Civil engineering, geotechnical, landscaping, structural and traffic engineering related work within this interchange and roadway area will also be completed. Funding Background: City staff was able to obtain approximately $11.14 million in state and federal funding for this project. First, the City has received approval for $1.14 million in State Soundwall Retrofit funding. Second, Congressman Bob Filner was instrumental in assisting the City to obtain $5.0 million in Federal Demonstration Project funding under the new Federal "Transportation Equity Act for the 21st Century" (TEA-21) program for an access road to the Olympic Training Center (OTC). Olympic Parkway fi'om 1-805 to the OTC was identified as the project. Due to the need to get the first phase from Hunte Parkway to the OTC completed as soon as possible and the delay which would be created by the need to follow Federal procedures, Congressman Filner authorized the City to use this funding for the Olympic Parkway 1-805 interchange project. The th/rd outside funding source is also under the TEA-21 law. Another category under TEA-21 is the Surface Transportation Program (STP), which provides additional resources for agencies to solve transportation problems in the local area. City staff submitted an application to SANDAG, which is the body that apportions STP funds in this local area, and was successful in obtaining $5.0 million in STP funding for Olympic Parkway interchange with 1-805. The Olympic Parkway between Oleander Avenue and Brandywine Avenue segment was originally added to the interchange improvements to assure the full utilization of federal funds. However, we recently learned from SANDAG staffthat STP funding already programmed for our region could be lost if not obligated very quickly. They indicated that a "use it or lose it" policy is being formulated in Sacramento regarding the timely use of federal funds for local projects. The · Exhibit 1 Page 4 State is not pleased with the fact that only 3% of the regional arterial federal funds have been obligated in our region so far. Construction on the interchange project is currently scheduled to commence in October of 2001. Therefore, we will be unable to have the STP funds fully obligated before the summer of 2001. On December 9, 1999, the SANDAG Cities/County Transportation Advisory Cormmittee (CTAC), based on our request, approved the shifting of $5 million in this region's STP funds fi.om the 1-805/Olympic Parkway Interchange Project to the Chula Vista Fiscal Year 2000-2001 Pavement Rehabilitation Program, and replacing it with TransNet funds. On January 11, 2000, the City Council approved a resolution committing the City to spend $5 million in TransNet funds on the interchange project during fiscal years 2001, 01-02, and 02-03. The Regional Transportation Improvement Program (RTIP) as ~pproved by the City Council on April 13, 1999, includes $8 million in Transportation Sales Tax (TransNet) funds that are programmed to finance the Pavement Rehabilitation Program over the next three fiscal years. The shifting of the $5 million in STP funds fi.om the interchange project to the FY 00-01 Pavement Rehabilitation Program will require an RTIP amendment by reprogramming the $5 million in TransNet funds (currently programmed for pavement rehabilitation) for the intemhange project over FY 00-01, FY 01-02 and FY 02-03. Construction on the interchange project will continue through FY 02-03 and is currently scheduled to be completed in April of 2003. The shifting of funds described above reduces the federal contribution by $5 million and makes it unnecessary to keep said street segment a part of the interchange project. Said segment can instead be added to the larger Olympic Parkway project in order to assure earlier completion. H:\HOME~ENGINEER~AGENDA\SRiCK EXHIBIT.fxr.doc File No. 0735-10-STM344 RESOLUTION NO. 2000-224 RESOLUTION OF THE CITY COUNCEC OF THE CITY OF CHULA VISTA APPROVING THE SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES WITH INTERSTATE 805 AT TELEGRAPH CANYON ROAD, OLYMPIC PARKWAY AND PALOMAR STREET PROVIDING FOR ADDITIONAL ENGINEERING DESIGN SERVICES FOR OLYMPIC P.ARKWAY FROM OLEANDER AVENUE TO BRANDYWINE AVENUE; WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY; AND APPROPRIATING $132,100 IN TRANSPORTATION DEVELOPMENT IMPACT FEES TO PROJECT NO. 24093440 WHEREAS, on January 23, 1996, Council by Resolution No. 18193 approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and Palomar Street; and WHEREAS, since then, due to additional work requirements by Caltrans, six amendments to this contract haVe been made; and WHEREAS, these amendments were approved by Council on January 21, 1997, (Resolution 18555) and May 20, 1997, (Resolution No. 18670) and August 5, 1997, (Resolution 18749) and November 17,1998, (Resolution 19269) and July 13, 1999 (Resolution No. 19540) and February 15, 2000, (Resolution 2000-062); and WHEREAS, the seventh amendment to the contract will provide for the f'mal design of the sound walls/retaining walls on Olympic Parkway between Oleander Avenue and Brandywine Avenue and additional drainage, sewer and water design relocation work and right-of-way document and survey work related to this work; and WHEREAS, the Design includes preparation of Plans, Specifications and Estimate (PS&E), modification of the existing Project Study report (PSR), Project Report (PR) and environmental documents for said segment of Olympic Parkway and allow for reimbursable expenses incurred in the completion of this work. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the Consultant Selection Process of Municipal Code Section 2.56.070 because of the substantial design work already performed by Rick Engineering on the project which makes the selection process impractical and potentially detrimental to the prqiect in light of the need for coordinated design drawings. Resolution 2000-224 Page 2 BE IT FURTHER RESOLVED the City Council does hereby approve the Seventh Amendment to the Agreement between the City of Chula Vista and Rick Engineering Company for additional engineering design services for Olympic Parkway from Oleander Avenue to Brandywine Avenue, 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 and directed to execute said Amendment on behalf 9f the City of Chula Vista. BE IT FURTHER RESOLVED that the amount of $132,100 is hereby appropriated in Transportation Development Impact Fees to Project No. 24093440. Presented by Approved as to form by JoSh P. Lippitt/ ]'~ / J/ool~. Kaheny c'~-~ Public Works Director ~ Attorney Resolution 2000-224 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 20th day of June, 2000, by the following vote: AYES: Councilmembers: Davis, Padilla, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Moot Shirley Horton, l~thyor ATTEST: Susan Bigelow, City Cl~k STATE OF CALIFORNL~ ) 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. 2000-224 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20t~ day of June, 2000. Executed this 20m day of Jtme, 2000. Susan Bigelow, City Clerl~ 2620 Ro d RICK ENGINEI .RING COMPANY San Diego California 92110-2596 (619) 291-0707 F~X: (619) 291-4165 Transmittal Letter To: Frank Rivers City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 From: Edgar Camerino/ec Date: August 10, 2000 Subject: 1-805/ORANGE AVENUE INTERCHANGE Job No.: 12755 Sent: Western Number 41916 We are transmitting the following attached items: If items are not attached as indicated, please notify us immediately No. of Copies Document Date Descrfption 1 1-805/Orange Avenue Interchange Updated Cost Proposal Revisions; Copy Remarks: Frank - Please find enclosed the updated cost proposals per your comments for the 1-805 at Orange Avenue Interchange project. Please call me if you have any questions. Copy to: RICK ENGINEERING COMPANY PROJECT: J-~2755, 1-805 ~ Olympic Parkway Interchange SUBJECT: Plans, Specifications, and Estimates (PS&E) Cost Backup DATE: June 23, 2000 TASK: PROJECT MANAGER ENGINEER DESIGNER DRAFTER (HRS. ~ S40.87): (HRS. {~ (HRS. ~ (HRS. ~ PROPOSED S30.42): $22. S2): $20.03): COST, ($): RATE $40.87 $30.42 $22.62 $20.03 Milestone 1: Obtain Caltrans & City of Chula Vista As-builts & Record maps 16 $361.92 Obtain SDG&E, PacBetl, Cable As-builts/schematics 8 $180.96 Design Survey ..Coordinate Limits 2 8 $241.80 ~filestone IA: Surveys Control and PJW 8 days, 3 man $3,887.36 Ramps and Freeway TL119 days, 3 man $9,232.48 Soundwall TL112 days, 2 man $4,090.56 Gray Valley Rd I day, 3 man $485.92 Orange / Olympic 2.5 days, 3 man $1,214.80 Note reduction 4 60 80 $3,798.28 Survey supervision 20 40 $2,034.20 Survey Encroachment Permit w / Caltrans 8 40 24 $2,086.64 iMilestone 2: 30% Submittal .~eometdc Base Maps - Design horizontal alignments 8 24 80 80 $4,469.04 - Verify Sight Distance Requirements 1 2 16 $463.63 - Design vertical alignments 8 20 120 80 $5,252.16 - Verify Sight Distance Requirements I 2 16 $463.63 - Create Typical Cross Sections1 WIG structural section 8 20 80 60 $3,946.76 Milestone 3: - Right of Way requirement maps 2 13 80 54 $3,368.42 - Research Maps / Surveys 8 8 $424.32 - Caic Boundaries / Create Hardcepy files 4 40 $1,380.28 - PJW calculated to C/L ties 2 24 $811.82 - Plats and Legals for PJW and construction esmts, 82 indiv 40 534 492 $27,733.84 Title sheet 2 4 24 16 $1,066.78 Sample design cross sections 2 14 30 12 $1,426.58 Sample slope stake listings 2 14 30 $1,186.22 Bddge Site submittal/Coordination 1 2 16 16 $784.11 Milestone 4: Structure General plan/Coordination 4 4 16 8 $807.32 Bridge-type selection memo/Coordination 4 6 $257.40 Vicinity map/Coordination 2 4 $125.36 Milestone 5: (75% submittal) Layout sheets 8 24 120 88 $5,534.08 Profile sheets 6 32 180 100 $7,375.00 1 Typical Cress Sections 4 20 120 80 $5,088.68 I Utility plans 0 0 0 0 $0.00 ==> water 2 8 60 35 $2,383.35 ==> sewer 2 8 60 35 $2,383.35 ==> dry utilities <electrical, gas, telephone, cable> 3 16 80 60 $3,620.73 ==> utility details 1 10 40 40 $2,051.07 Construction Details 4 24 120 90 $5,410 66 Drainage & Grading plans 8 40 240 160 $10,177.36 Drainage Profiles 8 40 240 160 $10,177.36 Drainage Details 2 20 40 40 $2,396.14 Drainage Reports 8 30 160 40 $5,659.96 Traffic handling & stage construction plans 8 30 180 135 $8,015.21 . Traffic Signing & Striping plans 8 40 300 200 $~12,335.76 Lighting / Electric 4 ~ 8 60 40 $2,565.24 Retaining wall plans 2 I _14 96 48 $3,640.58 Retaining wall details 1 5 24 24 $1,216.57 Sound wall plans 8 40 200 160 $9,272.56 Sound wall details 1 8 40 40 $1,990.23 Earthwork 2 16 120 $3.28286 Quantities 2 8 80 24 $2.615 42 Finalize Geotechnical Design Report (GDR) t 4 12 24 $914.71 Reasonable/Feasible Report $0.00 - Create/editing report 8 24 120 $3.771.44 · Exhibits for report 4 24 120 90 $5.410.66 - Cost estimate for various alternatives 8 16 80 $2,623.28 - Site Assessment and Coordination 2 16 80 $2,378.06 Milestone 6: Bridge Foundation Report/Coordination 2 4 16 8 $725.58 Milestone 7: Initial Structure PS&E/Coordination 4 4 8 $466.12 M~les~one / ~uoro~ara: u '~ ~ u ~4eo.'lz Milestone 8: (90% Log-in submittal) · Layout sheets 3 8 48 35 $2,152.78 · Profile sheets 3 11 72 40 $2,887.07 Typical Cross Sections 1 7 48 32 $1,980.53 , Utility plans $0.00 ==> water 1 3 24 14 $955.43 ==> sewer 1 3 24 14 $955.43 i ==> dry utilities <electrical, gas, telephone, cable> 1 6 32 24 $1,427.95 ==> utility details 4 16 16 $804.08 3onstruction Details 1 8 48 36 $2,091.07 Drainage & Grading plans 3 14 96 64 $4,001.93 Drainage Profiles 3 14 96 64 $4,001.93 Drainage Details 1 7 16 16 $936~21 :)rainage Report 3 20 80 20 $2,941.21 Traffic handling & stage construction plans 3 11 72 54 $3,167.49 Traffic Signing & Striping plans 3 14 120 80 $4,865.29 Retaining wall plans 1 5 38 19 $1,433.10 Retaining wall details 2 10 10 $487.34 Sound wall plans 3 14 80 64 $3,640.01 Sound wall details 3 16 16 $773.66 Earthwork 1 6 48 0 $1,309.15 :~uantities 1 3 32 10 $1,056.27 ~repare Cost Estimate 1 2 5 $175.81 ~repara Special Provisions 24 80 40 $4,319.28 ~filestone 9: (100% Submittal) =ina1 Approved Structures PS&E/Coordination =inal Revisions to ======> · Layout sheets 1 3 19 14 $842.33 - Profile sheets I 4 29 16 $1,139.01 · Typical Cross Sections 1 3 19 13 $822.30 Utility plans 0 $0.00 ==> water 1 1 10 6 $417.67 ==> sewer 1 1 10 6 $417.67 ==> dry utilities <electrical, gas, telephone, cable> 1 2 13 10 $596.07 ==> utility details 1 2 6 6 $357.61 .3onstruction Detaiis 1 3 19 14 $842.33 3rainage & Grading plans 1 6 38 26 $1,603.73 3rainage Profiles I 6 38 26 $1,603.73 :)rainage Details 1 1 6 6 $327.19 !Drainage Report 1 8 32 8 $1,166.31 Traffic handling & stage construction plans 1 2 29 22 $1,198.35 Traffic Signing & Striping plans 1 2 48 32 $1,828.43 Retaining wall plans 1 2 15 8 $601.25 Retaining wall detaiis 1 1 4 4 $241.89 Sound wall plans 1 6 32 26 $1,468.01 Sound wall details 1 1 6 6 $327.19 Earthwork 1 1 19 0 $501.07 Quantities 1 1 13 4 $445.47 Cost Estimate 1 2 1 2 $164.39 - Special Provisions 2 32 16 0 $1,417.10 Submit Electronic files 2 10 40 80 $2,893.14 Milestone 9 Subtotals: 25 100 462 335 $21,224.24 Milestone 10: (District PS&E) District PS&E 5 24 60 32 $2,932.59 Draft Resident Engineer Book 12 48 72 $3,579.24 Milestone 11: Prepare slope stake notes 40 64 320 $10,820.08 Prepare cross sections 2 64 320 320 $15,676.62 Prepare traverses 1 8 24 $827.11 Milestone 12: Construction Bidding Support 16 24 96 36 $4,276.60 Milestone 13: Construction Support 40 140 280 120 $14,630.80 As-bui;t plans 20 110 280 340 $17,307.40 Total Labor, $342,702.31 Milestones: Meetings/Coordination/Processing (CT, C.V.) 156 312 103 $18,196.62 Meetings/Coordination/Processing (Consultants) 156 312 103 $18,196.62 Storm Water Pollution Prevention Plan (SVVPpp) 25 30 60 60 $4,493.35 Public Info Mtgs I Coord 8 8 24 8 $1,273.44 Additional Exhibits/Studies 4 16 104 70 $4,404.78 Additional Research / Utility Coord Mtgs 8 20 40 $1.840.16 Total Labor, $391,t07.28 Overhea~ at f.49% $582,749.85 Subtotal $973,857.13 Profit a~ 12% $t16,862.86 9ubconsultants: FYLin/McDaniel $121,370.00 Jrban Systems Associates $44,105.00 (TU&A $80,068.00 ~linyo & Moore $29,600.00 -tudson Safe-T-L[~e (Lane closures for surveys) $22,500.00 Total Cost Subs.: $297,640.00 I Total Cost, IReimbursables: Reim.. $35,000.00 Projeci $1,423,359.98 Cost: RuC O1 O0 11: 16a Urban Systems Assoc. Into (858)560-9?34 p, 1 .... ~ .~.:~ UI~IN SYST£MS /I~SOCI~tt'~'S, ING ~- - _, ~....~ ..... A~N: Edgar Camerino phone: COMPAME. R~c~ Engineering (619) 29I- 0707 (619) 29i- ~i65 FROM: 5andee Witcraff-Sch[aefli ~ ~OTALPAGE~Oncladin~h;~page) ~AT~; AUgUSt ~, 2000 ~: ~0:5 7 am dOS ~U~S~: 2800 This fa~ transmittal is intended for the recipient named above. Unless otherwise expressly indicated, this entire Communication is confidential and privileged informetlon. Ifyou are notthe in~nded recipient, o not d~sclo~, co~, d~6bu~ or use this infovmetln,. Zfyou factored this transm ssion in ct'rot, please noti~ us immediately by telephone, at our ~ns( and de~roy the Information. We are transmi~ing ~he following info~ation for your: ~ use O for submi~al ~ as requested O approval O review a ~ This is the only copy being sent O hard copy to follow via A~ached are the anticipated ho~rs, rates and fees foe design of the following tra~c signals: ~I. Northbound OM/OFF Ramps: MODIFICATION 2. Southbound ON/OFF Ramps: MODIFICA'I'~ON 3. I-$05 Northbound ON Ramp Meter: NEWSIGNAL ~. 1-805 Southbound ON Ramp Meter: NEW SIGNAL 5. Orange Avenue at Oleander: NEW 6. Otay Valley Rd. at Southbound OFF Ramp: MODIFY SIGNAL No Counts, Studies, Warrants Analysis or Construction Related work is included. If,you do not receive all the pages or if:an), portions off:he transmission are illegible' ~2800 4540 ~ Yl~ RO~D, SU~ 106 KTU+A Landscape Architectural Services 7/25/00 COST PROPOSAL SUMMARY (I-805 at Orange Ave/Olympic Parkway) This proposal is for the landscape architectural fees for the planting and imgstion for the improvements along Interstate 805 from Otay Valley Road to just north of Orange Avenue/Olympic Avenue ( including Orange Avenue from 1-805 east to Oleander). This scope of work includes the preparation of a landscape conceptual plan as required for Caltrans and City of Chula V~sta Landscape Architectural Review. The work also includes producing contract documents for Planting Plans, Plant L~st and Planting Details, Irrigation Plans, Sprinkler Schedule and Irrigation Details, Special Provisions (supplemental to Caitrans Specifications), and Cost Analysis for 75%, 90%, 100% submittals, and Final PS&E's. This effort shall produce approximately 48 plan sheets total for planting and imgation work as indicated on Page 3, Direct Costs Breakdown. Supplemental construction service support shall be limited to assistance du~fng bidding and responding to design issues through RFI's and preparing e Resident Engineer's Book for the project. KTU+A can perform community meetings'workshops, presentation photo simulations, and site observation visits and reports on a T~me & Matedsi basis, if desired. $120.67 $85.48 $75.42 $65.37 $55.29 $45.24 I Landscape Concept a Landscape Concept Plan ! 4 40 24 8 i 2 b Team Meetings 8 c Concept Mtgs (2) wlCity/Caitrans Landscape Rep* 6 d Submit Landscape Plan I 1 Landscape Concept Subtotals $603 $4,787 $1,569 $553 $90 II 75% Plans and Estimates a Modify Base Sheets to Standards b Team Meetir~gs 8 c Field Vedfl/Base Sheet Information ! 8 I 4 8 i 8 d Prepare DRAFT Planting Plans , i 24 32 e Prepare DRAFT Plant List f Prepare DRAFT Irrigation Removal Plans II 16 i 24 16 16 _g_ Prepare DRAFT Irrigation Plans i I 4 i 40 60 I 60 h Prepare PSI Loss Calculations Prepare DRAFT Sprinkler Schedule & Details j Plan Check & Submit 500/. Plans ; 4 I 8 I 4 I 8 I 12 ill 90% Plans, Specs, and Estimates a Prepare 90% Planting Plans ~ 2 I 24 ~ 24 I 24 b Team Meetings iI, 16 i I c Prepare 90% Plant Ust d Prepare 90% Planting Details I 2 i I 5 e Prepare 90% Planting SpecJal Provisions : i 24 I ! 8 f Prepare 90% irrigation Removal Plans 8 8 g Prepare 90% Irrigation Plans i 8 16 ~ 16 : 16 h Prepare 90% Sprinkler Schedule & Spec sheets prepare 90% Irrigation Spec. iai Previsions ! 16 16 8 j Prepare 90% Irrigation Details i 2 i 4 4 : k Plan Check & Submit 90% Plans 4 24 8 8 IV 100% Plans, Specs, and Estimates a Prepare 100% Planting Plans ; I 2 4 L 16 b Team Meetings 8 c Prepare 100% Plant List 1 i 2 d Prepare 100% Planting Details 1 4 Prepare 100% Planting Special Provisions 8 2 Page I / ~/~ /I- . f Prepare 100% Imgation Removal Plans 2 8 8 g Prepare 100% Irrigation Plans 8 16 16 16 h Prepare 100% Sprinkler Schedule & Spec sheets i 4 8 i Prepare 100% Irrigation Special Provisions ! 24 4 8 KTU+A Landscape Amhltectural Service~ COST PROPOSAL SUMMARY (I-806 at Orange Ave/Olympic Paritway) IV 100% Plans, Specs. and Estimates (cdnt'd) I j Prepare 100% Irrigation Details ! 2 I ~ 4 ! 4 k Plan Check & Submit 100% Plans ! 8 ! 16 i i 4 4 --7- V Final Plans, Specs, and Estimates a Prepare Planting Plans b Team Meetings c Prepare Plant List I 1 2 d Prepare Planting Special Provisions e Prepare Planting Details 1 f Prepare litigation Removal Plans 2 ~ ' I g Prepare Irrigation Plans ! 4 4 ~ i 16 h Prepare Sprinkler Schedule i I i 2 I 2 I i Prepare Irrgation Special Provisions i I 8 i I ; 2 j Prepare Irrigation Details k P,an Check & Submit 100% Plans VI Final Plans, Specs, and Estimates a Update Plans (Review Plans & Corrections) c Plan Check & Submit Plans Construction Documents Subtotals $3,741 $29,576 $11,765 $16,996 $20,899 $1,357 VII Construction Phase Services~ a Construction Support Services (RE Bock)~. 'II 4 b Bidding Assistance I I 8 : : c Team Meetings I d Respond to RFl's/Design Issues i 4 i I ! 2 Construction Phase Subtotals $2,051.52 $995.22 VII iproject Coordination. Site Visits, & Meetings* I 1 ; 24 I I 4 I 8 $121 $2,052 $261 $442 SUMMARY LABOR SUBTOTALS 31 284 112 220 326 16 individual Labor Cost Subtotal $3.741 $24.276 $8,447 $14,381 $18.025 $724 Labor Cost Subtotal $69,594 Direct Costs (from Page 3) $6,730 Total $80,065 f/. :' ADDITIONAL ASSUMPTIONS: Electronic sheet files and design reference flies wilJ be provided in MicroStation format. Caltrans will provide current cell ]ibra~es and changes to standard drafting standards and non-standard details for District 11, KTU+A Landscape Architectural Services 7/25/00 COST PROPOSAL SUMMARY (I-805 at Orange Ave/Olympic Parkway) Page 3 DIRECT COST DETAIL Sheets QuantibJ Unit Cost Sub-total I Landscape Concept (approximately 30% Roadway Plans) a I Landscape Concept Plan I Draft Presentation I 4 ! 4 I $30.00 I $480.00 iAgronomy So~ls Testing -- -- 10 i $75.00 $750.00 ',Miscellaneous direct costs -- I -- I i $850.00 $850.00 II 75% Plans, Specs, and Estimates a IModify Base Sheets to Standards 11"x17" bond I 10 ~ 2 I $2.00 $40.00 b Field Verify Base Sheet Information 11"x17" bond ! 10 ~ 2 ~ $2.00 $40.00 c iPrepareDRAFTPlantingPlans ~ 11"x17"bond i . 10J 4 I $2.00 $80.00 d I Prepare DRAFT Plant List & Details i 11"x17" bond I 2 I 4 $2.00 I $16.00 Prepare DI~FT Im9atmo Removal Plans 11"x17" bond 10 4 $2.00 ~ $80.00 lrd9ation Plans I 1'1'~1T' bond I '~0 4 i $2.00 ! $80.00 f Prepare DRAFT g Prepare PSI Loss Calculations ~ 11"x17" bondI 10 1 i $2.00 i $20.00 h !PrepareDRAFTSprinklerSchedule&Details i 11"x17"bond ! 6 4 I $2.00 I $48.00 i IPlanCheck&Submit75%Plans,; 11"x17"bood I 38 4 $2.00 I 5304.00 j iPlanCheck&Submit75%Plans i 24"x36"vellum I 38 I 1 $5.00 i $190.00 Ill 90% Plans, Specs, and Estimates a IPreparePlantingPians I 11"x17"bond I 10 4 I $2.00 I $80.00 b i Prepere Plant List & NotesI= 11~17" bond I 1 4 $2.00 I $8.00 d iPreparePlanfingDetails i 11'x17"bondI~ 4 4 $2.00 I $32.00 e,!Preparelrdgati°nRem°valPlans i 11"x17"bood I 10 I 4 I $2.00 I $80.00 f ?repare Irrigation Plans ~ 11"x17"bondi 10 i~ 4 ! $2.00 ; $80.00 g iPrepareSprinklerSchedule I 11"x17"bond I I 4 ! $2.00 $8.00 i h I Prepare Irrigation Details 11"x17" bond I 8 4 ; $2.00 ! $64.00 j i Pian Check & Submit 90% Plans i 11"x17" bond'1 44 4 i $2.00~i $352.00 j iPlan Check & Submit 90% Plans ! 24"x36"velJum I 44 I 1 ! $5.00 ! $220.00 IV 100% Plans, Specs, and Estimates a IPrepare Planting Plans ! 11"x17"bond I 10 I 4 $2.00 I $80.00 b i Prepare Plant List & Specification Sheets 11"x17" bond I 1 I 4 I $2.00 i $8.00 d iPrepare Planting Details 11'x17" bond ! 4 ! 4 I $2.00 I $32.00 e Prepare Irrigation Removal Plans 11"x17" bond $2.00 $80.00 f !Prepare Irrigation Plans 11"x17" bond I 10 [ 4 I $2.00 I $80.00 g Prepare Spdnkler Schedule 11"x17"bond i I I 4 $2,00 $8.00 h Prepare Irrigation Details 11"x17" bond i 8 ~ 4 $2.00 $64.00 j Plan Check & Submit 100% Plans 11"x17" bond ! 44 i 4 $2.00 $352.00 j Plan Check & Submit 100% Plans 24"x36" vellum ~ 44 i 1 $5.00 $220.00 Iv Final Plans, Specs, and Estimates a Prepare Planting Plans 11"x17" bond 10 4 i $2.00 $80.00 b Prepare Plant List & Specification Sheets 11"x17" bond I 4 $2.00 $8.00 d Prepare Planting Details 11"x17" bond 4 4 $2.00 $32.00 e Prepare Irrigation Removal Plans 11"x17" bond : 10 I 4 ; $2.00 $80.00 f Prepare Irrigation Plans 11"x17" bond 10 4 $2.00 $80.00 g Prepare Sprinkler Schedule 11"x17" bond 1 4 $2.00 $8.0g i Pr?are Irrigation Detail__s .... 11"x17" bon__d I I J Plan Check & Submit Final Plans 11"x17" bond 44 4 $2.00 $352.00 ' 24"×36" e,,um $500 $220.00 KTU+A Landscape Architectural Services s/5/oo Page 4 DIRECT COST DETAIL (Cont'd) Sheets Quantity Unit Cost Sub-total V Final Plans, Specs, and Estimates I a iUpdate Plans (Review Plans & Corrections) I 11"x17" bond 44 4 $2.00 $352.00 b,IPlan Check & Submit Plans I 11"x17" bond 44 4 $2.00 $352.00 b Plan Check & Submit Plans I 24"x36" vellum 44 1 $5.00 $220.00 $924.00 VI Construction Support Services t I Resident Engineer's Notebook I -- ' -- 2 $250.00 $500.00 DIRECT COST TOTAL $6,730.00 NOTE: Assumptions - Submittals will be submitted to Rick Engineering as one set of haft-sized bond to be included in the overall roadway submittal Completed submittals will include one full-sized set of vellums for blueprinting and one half-sized set on bond to Rick Engineering to be included in the overall roadway plans. Plans other than those listed above will be billed at the above listed rates. KTU+A Landscape Architectural Services 7/25/00 COST PROPOSAL SUMMARY (I-805 at Orange Ave/Olympic Parkway) Page 5 Summary of Costs DETAILED HOURLY BREAKDOWN o ~ .~ '~ < .o ~ .-~ HourlySala~ $~.89 ~ $31.80 $28.06 [ $24.32 [ $20.57 [ $16,83 I $13.09 I Ove~ead (140%) $62.85 ~ ~.52 $39.28 [ $~.05 $28.80 [ $23.56 ~ $18,33 Profit(12%) ~ $12.93 [ $9.16 $8.08 ~ $7.00 $5.92 [ $4,85 [ $3.77 Toal )$120.67 ~ $85.~ $75.42 ~ $65.37 m $55.29 ~ ~5.24 m $3s.19 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THE FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATES (PS&E) FOR THE INTERCHANGE OF INTERSTATE 805 AT OLYMPIC PARKWAY AND FOR OLYMPIC PARKWAY FROM MELROSE AVENUE TO EAST OF OLEANDER AVENUE; WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY WHEREAS, on January 23, 1996, Council by Resolution No. 18193, approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street; and WHEREAS, since then, due to additional work requirements by Caltrans, seven amendments to this contact have been made; and WHEREAS, these amendments were approved by Council on January 21, 1997 (Resolution 18555), May 20, 1997 (Resolution No. 18670), August 5, 1997 (Resolution 18729), November 17, 1998 (Resolution 19269), July 13, 1999 (Resolution No. 19540), February 22, 2000 (Resolution 2000-062), and June 20, 2000 (Resolution No. 2000-224); and WHEREAS, the eighth amendment to the contract will provide for final design drawings of the Olympic Parkway interchange including Olympic Parkway between Melrose Avenue to east of Oleander Avenue; and WHEREAS, the design includes preparation of Plans, Specifications and Estimates (PS&E). NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council does hereby approve the Eighth Amendment to the Agreement between the City of Chula Vista and Rick Engineering Company for preliminary engineering design services for the final design Plans, Specifications & Estimates (PS&E) for the interchange of Interstate 805 at Olympic Parkway and for Olympic Parkway from Melrose Avenue to east of Oleander Avenue, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED the City Council does hereby waive the consultant selection process of Municipal Code Section 2.56.070 because of the substantial design work already performed by Rick Engineering on the project, which makes the selection impractical and potentially detrimental to the project in light of the need for coordinated design drawings and that the original RFP proposed such an arrangement. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by Director of Public Works H: ~Home~Attorney\Reso~RickSth / / '? ZJ EIGHTH AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THE FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATES (PS&E) FOR THE INTERCHANGE WITH INTERSTATE 805 AT OLYMPIC P ARKW A Y AND FOR OLYMPIC P ARKW A Y FROM MELROSE AVENUE TO EAST OF OLEANDER AVENUE THIS EIGHTH AMENDMENT TO THE AGREEMENT FOR ADDITIONAL DESIGN SERVICES is entered into as of September 12, 2000, by and between the City of Chula Vista (CITY) a municipal chartered corporation ofthe State of California, and Rick Engineering Company (CONSULTANT), whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6. RECITALS: WHEREAS, the City of Chula Vista has approved an Agreement with Rick Engineering Company dated January 23,1996 and approved by Resolution 18193 (Agreement); and WHEREAS, the City of Chula Vista has approved seven amendments to said Agreement dated January 21, 1997, May 20, 1997; August 5, 1997; November 17, 1998; July 13, 1999; February 22, 2000; and June 20, 2000; and WHEREAS, CONSULTANT is required to do additional work not anticipated in the original Agreement and amendments thereto; and WHEREAS, CITY requires the completion of the contract in order to complete needed improvements to the interchange of I-80S at Olympic Parkway, and the street improvements for Olympic Parkway between Melrose Avenue to east of Oleander Avenue to provide necessary infrastructures to meet future threshold standards; and WHEREAS, both CITY and CONSULTANT desire to further amend the Agreement approved by Resolution 18193 to revise the scope of work to include additional items required by CalTrans. WHEREAS, City Staff cannot perform the work outlined above due to lack of available staff time and/or lack of expertise to efficiently deal with the State and Federal requirements and processes. NOW, THEREFORE, the Agreement is hereby amended as follows: A. Amend Exhibit A, Section 8A, by expanding the Detailed Scope of Work as set forth in the original Agreement and amendments thereto, as follows: Additional Scope of Work: I. Additional Proiect Scone of Work -1- /1-;;6 300 SERVICES PERFORMED BY CONSULTANT CONSULTANT shall be responsible for the Services outlined in this Scope of Services. CONSULTANT services shall conform to the standards, criteria, and requirements of this Scope of Services, and shall include all plans, specifications, estimates, reports, and special provisions necessary to complete the Project. 310 GeneralDescription of Required Services A. CONSTULTANT shall prepare final Plans, Specifications, and Estimates (PS&E) for construction of the Project. All deliverables shall be in metric, except where noted. CONSULTANT will utilize the results of the PR as the basis for the PS&E. Any changes proposed by CONSULTANT shall be brought to the attention of the City o£ Chula Vista and CALTRANS. B. CONSULTANT shall carry out the instructions as received from the City of Chula Vista's Contract Manager, or his designee, and shall cooperate with CALTRANS, other agencies, and other consultants providing Services for the Project. C. It is not the intent of the foregoing paragraph to relieve CONSULTANT of professional responsibility during the performance of this Scope of Services. In those instances where CONSUTANT believes a better design, or solution to a problem is possible, CONSULTANT shall promptly notify the City of Chula Vista's Contract Manager of these concerns, together with reasons therefore. D. CONSULTANT shall have sole responsibility/'or the accuracy and completeness of the reports, plans, specifications, estimates, and related material prepared by CONSULTANT for the Project. CONSULTANT shall independently check and identify the engineer and checker for all such material prior to any submittal. The PS&E, reports, and documentation will be reviewed by CALTRANS, the City of Chula Vista, and/or the City of Chula Vista's designee for conformity to the PR, Value Engineering, constructability, and overall project consistency. Reviews by CALTRANS, the City of Chula Vista, and/or the City of Chula Vista's designee will not include detailed review or check of the design of major components and related details, or the accuracy with which such designs are depicted on the plans. CONSULTANT shall not incorporate in the design, any materials or equipment of sole source origin without prior written approval of the City of Chula Vista and CALTRANS. E. The exhibits, studies, estimates, calculations, reports and other documents furnished under this Scope of Services shall be of a quality acceptable to the City of Chula Vista and CALTRANS. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked and having the maker and checker identified. The -2- appearance, organization and content of the drawings shall be to CALTRNAS standards. F. The title sheet for reports, each plan sheet, and calculations shall bear the professional seal certificate number, registration classification, expiration date of the certificate, signature of the professional engineer, registered in the State of California, responsible for their preparation. G. The CONSULTANT shall maintain a set of project files that are indexed in accordance with CALTRANS' Project Development Uniform File System. H. The City of Chula Vista reserves the right to approve all project scope of services changes. Any changes resulting from the addition, deletion, or revisions to the Scope of Services will not be made without prior written approval from the City of Chula Vista. The CONSULTANT shall not be compensated for making any changes to the project Scope of Services other than those approved in writing by the City of Chula Vista. I. CONSULTANT shall not suspend performance of this contract during the negotiations of any change orders except as they may be directed by the City of Chula Vista. CONSULTANT shall perform all changes in accordance with the terms and conditions of this contract. J. At the completion of this Scope of Services all files and correspondence relating to the Project shall be turned over to the City of Chula Vista who will then forward said files to CALTRANS. This includes all working data, field data, and background information used in creating the deliverables listed in the Scope of Services. K. CONSULTANT shall submit all final plans on CD ROM using MicroStation (.dgn) file format in accordance with CALTRANS standards. The electronic files shall include the engineer's electronic signature and seal. CONSULTANT shall verify the latest version of software used prior to submittal. L. As part of the Services involved in the preparation of the plans, specifications, and estimates, CONSULTANT shall prepare and furnish Special Provisions for all items included in the plans which are not covered in the Standard Plans and Standard Specifications or require more detail than is presented on the Project plans. CALTRANS will supply CONSULTANT with the Special Provision's standard format on microcomputer disks in Microsot't Word. CONSULTANT shall edit and prepare Special Provisions specific to the Project using the latest version of Microstation Word. M. CONSULTANT shall obtain, at its expense, all applicable CALTRANS Manuals and Standard Plans. N. CONSULTANT shall develop the Resident Engineer's (RE) File related to the design of the Project. Although the RE File is identified as a deliverable during the final stages of design, CONSULTANT shall update the RE file for the duration of the Scope of Services. CONSULTANT shall provide the City of Chula Vista with a written log of significant items that are added to the RE File. The RE File shall be available for the City of Chula Vista and CALTRANS review at any time during the performance of the Scope of Services. O. CONSULTANT shall employ quality control procedures that identify potential risks and uncertainties related to construction of the Project. Risks that may be encountered include, but are not limited to, soil conditions, constructability, factors of safety, impacts to adjacent properties, public safety, and environmental considerations. If at any time during the performance of this Scope of Services, CONSULTANT observes, encounters, or identifies any circumstance that could pose potential risk, CONSULTANT shall notify the City of Chula Vista. P. CONSULTANT shall coordinate with CALTRANS and all other agencies involved of potential impacts by the Project. CONSULTANT shall inform the City of Chula Vista prior to all contacts, meetings, and correspondence. Q. Any existing landscaping that is displaced by the project will be replaced. CONSULTANT shall incorporate replacement plantings into the PS&E package as required. CONSULTANT shall inform the City ofChula Vista of any impacts to the existing landscaping. R. Project aesthetics shall adhere to the details identified in the Visual Analysis performed with the environmental document. 325 Surveys A. General Requirements I. CONSULTANT shall perform all surveys, necessary to complete the PS&E. Consultant shall review the available data and recommend additional design surveys required for the design of the Project. 2. Field and office surveys not covered by the current CALTRANS Survevs Manual, shall be performed in accordance with accepted professional surveying standards including requirements of current editions of the State of California Professional Engineer's Act and Professional Land Survevor's Act. In accordance with the ACT, "responsible charge" for survey services shall reside with a State of California Licensed Land Surveyor or Registered Civil Engineer (prior to January 1, 1982). 3. CALTRANS, with the City ofChula Vista concurrence, will designate the horizontal and vertical control monuments that are to be the basis of all CONSULTANT performed surveys. CALTRANS will provide the -4- /I-)g California Coordinate System values and/or elevation values for these monuments. CALTRANS has designated that the NAD '83 California Coordinate System datum will be used for horizontal coordinate values. 4. All survey information developed by CONSULTANT shall be in metric units. B. Permits CONSULTANT shall obtain applicable encroachment permits prior to beginning any field investigation. Additionally, if a traffic control plan is required, CONSULTANT shall prepare the plan. Such documents shall be forwarded to the City of Chula Vista, for the City of Chula Vista and CAL TRANS review and concurrence prior to beginning any field investigation. C. Design Surveys to be Performed by CONSULTANT CONSULTANT shall identify required design surveys and provide a work plan to the City ofChula Vista. With the City ofChula Vista's concurrence, CONSULTANT shall perform design surveys per the work plan. Consultant surveys may include, but are not limited to, the following: 1. Surveys for detailed design of roadway, retaining walls, soundwalls drainage, and utilities. 2. Survey control for geotechnical investigation, ifrequired. 3. Supplemental surveys for preparation of cross-sections. D. Utility Location Surveys to be Performed by CONSULTANT CONSULTANT shall identify surveys to verify the location of utilities in potential conflict with the Project. CONSULTANT shall provide a work plan for utility location surveys to the City of Chula Vista. With the City of Chula Vista's concurrence, CONSULTANT shall perform field surveys and update utility location maps for the PS&E per the work plan. E. Monumentation Surveys to be Performed by the CONSULTANT CONSULTANT shall identify surveys to perpetuate monuments that control the location of State and/or city infrastructure, or provide survey control, affected by the proposed construction of the Project. CONSULTANT shall provide a work plan for monument perpetuation to the City of Chula Vista. -5- //~cJ9 F. Deliverables The deliverables shall conform to the following: I. Survey points, lines, and monuments shall be established, marked, identified and referenced, as required to complete the work and in accordance with the requirements herein. 2. Survey notes, drawings, calculations, and other survey documents/materials shall be completed as required to complete the work and in accordance with the requirements herein. 3. A copy, except as otherwise specified herein, of all original survey documents resulting from this Scope of Services (including original field notes, adjustment calculations, final results and appropriate intermediate documents) shall be delivered to the City ofChula Vista who will forward said documents to CALTRANS. Said documents shall then become the property of CAL TRANS. The original survey documents (or a copy, if the original is to be provided to the City ofChula Vista and CALTRANS) shall be retained by CONSULTANT for future reference. 4. Construction Control Survey Map a. CONSULTANT shall provide a Construction Control Survey Map for the Project. The map may include the following items: . Centerline alignment data for all Project improvements and existing street centerlines . Control points identified in plan (horizontal, vertical, horizontal and vertical, and cadastral monuments) . Tabulated control point listing with full descriptions . Tabulated cadastral monument listing with full descriptions . Horizontal and vertical control bases . Survey data sources b. CONSULTANT shall provide a State Plane Coordinate Control Data List. The list shall include all geodetic control data used for the Project, including geodetic data provided by Caltrans and the City of Chula Vista. The list shall include station name, latitude, longitude, northing, easting, elevation, etc. If available, data shall also include a full description of all photo control points used for topographic mapping within the project. -6- /1-30 c. CONSULTANT shall provide a State Plane Coordinate ASCII point file for all calculated points. CONSULTANT shall provide full descriptions of all monuments, set or found. d. CONSULTANT shall provide centerline alignment files for all permanent and temporary features. G. Information to be provided by the City ofChula Vista or CALTRANS I. Metric Control Diagram Maps 330 Geotechnical Investigation and Materials Report A. General Requirements 1. CONSULTANT shall perform all field exploration required to complete the PR and PS&E. All field explorations shall meet CAL TRANS requirements. 2. CONSULTANT shall provide experienced personnel, equipment, and facilities to perform materials sampling and testing. 3. All reports and plans shall bear the State of California Certified Engineering Geologist or Registered Professional Registration Seal with the signature, license number and registration certificate expiration date of the geologist or engineer responsible for the preparation of the report. The geologist or engineer responsible for the preparation of the reports shall be competent in geotechnical engineering. 4. In the event the existence of hazardous materials is discovered by CONSULTANT, CONSULTANT shall be required to immediately notify the City ofChula Vista. 5. In case of future construction claims against either the City ofChula Vista or CALTRANS, CONSULTANT shall be retained by the City ofChula Vista to provide expert testimony regarding CONSULTANT services. 6. All reports shall be prepared in metric units. B. Permits 1. CONSULTANT shall provide necessary applications for Encroachment permits onto State property. A Traffic Control Plan, when required, shall be delivered to CAL TRANS for review. 2. CONSULTANT shall identify all private property requiring Rights of Entry. CALTRANS will provide all Rights of Entry for access on private property. -7- 1/~3/ 3. CONSULTANT shall obtain all other encroachment permits. C. Geotechnical Services to be Provided by CONSULTANT 1. Geotechnical Design Report (GDR) CONSULTANT shall update the GDR for the Project in conformance with the CAL TRANS Guidelines for Geotechnical Design Reports. The GDR shall provide, but is not limited to, the following: a. Determination of ground water conditions and impacts on design and construction. b. Determination of subsurface conditions and subsoil properties relating to settlement. The City of Chula Vista and CAL TRANS will review and approve the field exploration map prior to application for encroachment permits. All encroachment permits and rights of entry shall be obtained prior to scheduling of any field explorations. 2. Geotechnical Design Report CONSULTANT shall submit an updated Geotechnical Design Report to the City ofChula Vista for CALTRANS and the City ofChula Vista's review. Comments from the review will be submitted to CONSULTANT for incorporation into the final report. The number of copies of each report shall be determined prior to submittal. 3. Bridge Foundation Reports a. CONSULTANT shall prepare foundation reports and Log of Test Boring Sheets for all bridge sites and, where required, retaining and sound wall locations. This report shall recommend structure foundation types and footing elevations. b. The reports shall include, but not be limited to, information on the design of embankment foundations, ground water conditions, allowable bearing capacities, seismic data, and other information needed to evaluate the chosen foundation. c. The reports shall also address anticipated fill settlement and recommended duration for settlement periods to prevent excessive differential settlement between the structure and adjacent roadway approaches. -8- 1/- 3,J- d. The reports and Log of Test Borings Sheet(s) shall be prepared in accordance with the CAL TRANS Bridge Design Aids Manual and the Externallv Financed Proiects Branch Information and Procedure Guide. 335 Utility Coordination A. General Requirements I. CONSULT ANT shall prepare utility plan sheets in metric units. CONSULTANT shall be responsible for all conversion of utility relocation plans from imperial to metric units for incorporation on the utility plan sheets. 2. CONSULTANT shall update right-of-way requirements impacted by the relocation of utilities. B. Coordination I. The City of Chula Vista shall be considered the "Utility Coordinator" for the Project. CONSULTANT shall assist CALTRANS and the City of Chula Vista with meetings and correspondence to the utility companies affected by the Project. 2. CONSULTANT shall coordinate with the City ofChula Vista and CAL TRANS to assist in the proper protection or relocation of affected utilities. Utility owners will prepare utility relocation plans. CONSULTANT shall provide appropriate Project plans that may assist the affected utility owner in the development of relocation plans. 3. CONSULTANT shall review relocation plans prepared by utility owners to verify compatibility with the Project, as well as other utility plans. CONSULTANT shall respond in writing to the City of Chula Vista and CALTRANS either confirming conformance ofthe relocation plans to the Project or nonconformance to the Project and reasons therefore. C. Utility Plans 1. CONSULTANT shall prepare an initial set of utility plans, which compare all existing utilities to proposed design ofthe Project. Any utility which conflicts with the improvements proposed by the Project shall be highlighted. 2. CONSULTANT shall update the utility plans to show the disposition of each utility on the Project. Disposition shall include, but not be limited to, the utility company name, original location, proposed location, and responsible party for relocation. -9- / I ~ 33 D. Deliverables 1. Utility Conflict Maps CONSULTANT shall submit utility conflict maps to the City ofChula Vista. The maps shall provide the following: a. Geometric layout of the Project with the existing utility locations. b. Highlight and label each utility that conflicts with the Project. c. Existing utility callouts shall include the owner and the disposition of the lines. d. Narrative descriptions shall accompany the utility conflict maps. These narratives shall list each utility that is in conflict with the Project. Information shall include, but not be limited to, the following: Conflict label and drawing reference number for the utility conflict map on which the utility is highlighted and labeled Description, owner, and disposition of the utility Description ofthe potential or actual conflict that will occur due to the Project The utility conflict maps will be used by the City of Chula Vista and CAL TRANS to establish which utility companies are affected by the Project and need to be relocated. Following the submittal of the utility conflict maps, the CONSULTANT shall inform the City of Chula Vista and CAL TRANS in writing of any changes in the Project design that alter the utility conflict locations indicated on the maps. 340 Roadway Design A. General Requirements CONSULTANT shall prepare and deliver to the City of Chula Vista all plans, specifications, and estimates for roadway construction. The City of Chula Vista will forward said documents to CAL TRANS for their review and approval. Except where specified herein, all CONSULTANT prepared plans, specifications, quantity calculations, and estimates shall be prepared in metric units. B. Preliminary Design Review CONSULTANT shall prepare a technical memorandum following completion of any additional studies. Each technical memorandum shall -10- //~ 3'1 include, but not be limited to, a brief discussion, preliminary layouts, staging alternatives, operational analysis, and preliminary cost estimate. CONSULTANT shall not implement any changes to the Project until authorized by the City ofChula Vista's Contact Manager. Changes in approach to design shall not warrant changes to the Scope of Services, unless presented in a technical memorandum and approved by the City ofChula Vista's Contract Manager. C. Geometric Approval Drawings (30% Submittal) 1. General Consultant shall prepare Geometric Approval Drawings (GADs) for the Project in accordance with Caltrans standards as described in Chapter 200 of the Highway Design Manual. 2. Deliverables CONSULTANT shall deliver the following plan packages to a location determined by the City of Chula Vista. Actual plan packages, as determined by the City of Chula Vista, may vary in quantity and content per submittal. The number of sets of each plan, estimate or report shall be determined prior to submittal. CAL TRANS, the City of Chula Vista and/or the City of Chula Vista's designee, and other agencies will review the plans after each submittal and transmit review comments to the City ofChula Vista. A comment review meeting may be scheduled between the City of Chula Vista, CAL TRANS, and CONSULTANT, where the plans with comments will be presented. The GAD submittal will include the following: GADs GAD Checklist D. Right-of-way Requirement Plan Maps 1. General CONSULTANT shall prepare Right-of-way Requirement Plan Maps utilizing the Project layout sheets as a basis. CONSULTANT shall identifY the limits required for the ultimate roadway operation of the Project (the "fee" area), limits required for related facilities such as drainage or utilities (easement areas), and limits required in excess of the fee and easement areas for construction of the Project (temporary construction easements). CONSULTANT shall identifY access control limits where applicable. -11- I/~ 35 Requirements shall reference the freeway centerlines (station and offsets) or, where appropriate, centerlines oflocal roads or property lines. At minimum, the background elements on the Maps will include: a. Station lines and centerlines of roadways and drainage facilities. b. Layout lines of walls. c. Tops and toes of slope. d. Edge of travel way, edge of shoulder, curb and gutter, sidewalks, and other roadway appurtenances. e. Existing bridges 2. Deliverables CONSULTANT shall deliver the following Right-of-way Requirement Plan Maps and coordinate geometry files to a location determined by the City of Chula Vista. Actual plans and files, as determined by the City of Chula Vista, may vary in quantity and content per submittal. The number of sets of each plan shall be determined prior to submittal. All Maps will have appropriate signature blocks for the Caltrans oversight engineer (different from PS&E), and if necessary, appropriate revision blocks. CAL TRANS, the City of Chula Vista and/or the City of Chula Vista's designee, and other agencies will review the plans after each submittal and transmit review comments to the City ofChula Vista. A comment review meeting may be scheduled between the City of Chula Vista, CAL TRANS, and CONSULTANT, where the plans with comments will be presented. E. Plans, Specifications, and Estimates 1. General All plans, specifications, quantity calculations, and estimates shall conform to CAL TRANS requirements and shall be made available to the City of Chula Vista and CAL TRANS for review and approval at stages specified in the Milestone Schedule and upon request. 2. Roadway Design a. All title, index, sections, layouts, profiles, quantities, construction details, and other related plan sheets shall be provided on CAL TRANS standard "full size" sheets. Where specified within this Scope of Services or as directed by the City ofChula Vista, CONSULTANT shall also provide 11" x 17" reduced copy of the plan sets, and -12- I / ~ 3~ combined plan and profile "strip" maps. b. CONSULTANT shall prepare and update right-of-way requirement layouts and files as part of the roadway design. CONSULTANT shall coordinate with CAL TRANS Right-of-way Engineering or the City of Chula Vista Consultant on changes to right-of-way requirements. 3. Deliverables CONSULTANT shall deliver the following plan packages to a location determined by the City of Chula Vista. Actual plan packages, as determined by the City of Chula Vista, may vary in quantity and content per submittal. The number of sets of each plan, estimate or report shall be determined prior to submittal. CAL TRANS, the City of Chula Vista and/or the City of Chula Vista's designees, and other agencies will review the plans after each submittal and transmit review comments to the City of Chula Vista. A comment review meeting may be scheduled between the City of Chula Vista, CALTRANS, and CONSULTANT, where the plans with comments will be presented. a. 30% Submittal Title Sheet Typical Cross-Sections Layout Plans (with Wall alignments), Profile Plans, and Superelevation Diagrams Right-of-Way, Access Control, and Easement Requirements Survey Data & Survey Map b. 75% Submittal Title Sheet/Standard PlanlKey Map & Line Index Typical Cross-Sections Layout Plans, Profile Plans, and Superelevation Diagrams Construction Details Contour Grading Plans Drainage Plans and Profiles Utility Plans Stage Construction, Traffic Handling Plans and Detours Pavement Delineation Plans Sign Plans Retaining Wall Plans and Details Noise Assessment Irrigation Crossover Conduit Plans Lighting and Sign Illumination Plans Bridge Electrical Plans -13- //-37 Signal and Lighting Plans Signal Interconnect Future Electrical Service Points and Conduit Crossovers Right-of-Way, Access Control, and Temporary Construction Easement Requirements Construction Cost Estimate Quality Control Statement SWPPP Report c. 90 Submittal Title Sheet/Standard PlanlKey Map & Line Index Typical Cross-Sections Layout Plans, Profile Plans, and Superelevation Diagrams Construction Details Contour Grading Plans Drainage Plans, Profiles, Details, and Quantities Utility Plans and Details Stage Construction, Traffic Handling Plans, and Detours Stage Construction Quantities Pavement Delineation Plans, Details, and Quantities Summary of Quantities Sign Plans, Details, and Quantities Bridge Mounted Signs (ifrequired) Retaining Wall Plans, Details, and Quantities Noise Assessment Irrigation Crossover Conduit Plans (if required) Lighting and Sign Illumination Plans Bridge Electrical Plans Signal and Lighting Plans Signal and Sign Wring Diagrams Electrical Service Summary Future Electrical Service Points and Conduit Crossovers Right-of-Way, Access Control, and Temporary Construction Easement Requirements Hydraulic/Hydrology Report Construction Schedule Draft Special Provisions (Roadway, Drainage, Construction Staging, Traffic Handling, Electrical, Retaining Walls, Utilities, Pavement Delineation/Signs, Erosion ControllLandscaping) Basic Engineer's Estimate/Construction Cost Estimate Quality Control Statement d. 100% Submittal Final PS&E (all items listed in 95% submittal) Representative Cross Sections & Slope Stake Notes Order Forms for State-Furnished Materials and Signs -14- II - 3,( Quality Control Statement Resident Engineer's File 345 Structural Design A. General Requirements 1. Upon completion of the Project Report, CONSULTANT shall inform the City of Chula Vista and CAL TRANS of all project impacts on all existing bridge structures. 2. As necessary, the CONSULTANT shall prepare and deliver to the City of Chula Vista all plans, specifications, and estimates for the structures on the Project. The City ofChula Vista will forward said documents to CAL TRANS DIVISION OF STRUCTURES (DOS) for their review and approval. All CONSULTANT prepared plans, specifications, quantity calculations, and estimates shall be prepared in metric units and conform to CALTRANS requirements. Supporting design and independent design check calculations may be prepared on imperial units. Input data for design software may include imperial unit equivalent of actual dimensional and material strength data; CONSULTANT shall confer with CALTRANS-DOS regarding latest construction material information. B. Preliminary Design Review 1. CONSULTANT shall review the as-built drawings of all existing bridge structures within the project vicinity. 2. CONSULTANT shall perform site surveys as necessary to determine existing conditions and topography and also to establish or verify construction survey controls. C. Plans, Specifications, and Estimates 1. General All plans, specifications, quantity calculations, and estimates shall conform to CALTRANS requirements and shall be made available to the City of Chula Vista and CAL TRANS for review and approval upon request by the City of Chula Vista's Contract Manager or designee. 2. Bridge Design a. Construction details for each design shall be prepared on CAL TRANS Department of Structures (DOS) format plan sheets. Blank reproducible sheets will be provided by DOS. Where specified in the Scope of Services, or as directed by the City of Chula Vista, CONSULTANT shall also provide 11" x 17" reduced copy of the plan sets. -15- / I ~ 31 b. DOS will supply CONSULTANT with the needed standard drawings as shown in Section 20 of the Bridge Design Details Manual and the current Standards Plans. The Bridge Standard Design Detail Sheets shall be prepared in metric units by CONSULTANT for the contract plans, as directed by the City of Chula Vista's Contract Manager. The standard drawings and standard plans shall be incorporated into the Bridge PS&E where applicable. 3. Deliverables As required, the following submittals shall be delivered to the City of Chula Vista. The specific number of plans, estimates, and reports shall be determined prior to submittal. a. General Plan Submit for review and approval the General Plan for the structure. This process will be considered the "Structure Type Selection" process and no further design work will be performed until written approval of the structure type is received from DOS and the City ofChula Vista. If necessary, as determined by the Externally Financed Project Branch Liaison Engineer, a Type Selection Review Meeting will be held in Sacramento, in which CONSULTANT shall be prepared to discuss and provide information on foundation requirement, hydrological requirements, falsework requirements, seismic and aesthetic considerations, traffic handling, construction cost, and other pertinent information that is needed to determine the proper structure type. Four weeks prior to the Type Selection Review Meeting CONSULTANT shall submit the proposed General Plan, General Plan Estimate, Type Selection Memo and Vicinity Map to the City ofChula Vista. Following the Type Selection Review meeting, DOS will prepare and send to the City ofChula Vista a written summary of the meeting results. Within two weeks after receiving written approval of the proposed General Plan and structure type, CONSULTANT shall furnish the City of Chula Vista with 11" x 17" reduced copies of the approved General Plans. b. Bridge Foundation Reports As necessary, CONSULTANT shall prepare and deliver foundation reports and a Log of Test Boring Sheet(s) as outlined in Section 330. -16- /I~ L/o c. Initial Bridge PS&E (Checked Details Stage) Design Plans (checked and signed) Structure Special Provisions (including electronic file) Construction Cost Estimate (with check calculations) Design Calculations (with independent check calculations) Quality Control Statement d. Final Approved Bridge PS&E Final Design Plans Final Structure Special Provisions (including electronic file) Final Cost Estimate (with check calculations) Final Design Calculations (with check calculations) Bridge Plans (4-scale) RE File (structure related information as discussed in Section 4-2 of the CALTRANS document titled, EFPB Information and Procedures Guide). 350 Noise Report A. Report I. CONSULTANT shall prepare a noise feasibility/reasonableness report for the Project. The report will include the following items: a. Existing ambient noise levels, predicted peak-hour noise levels without mitigation, and future peak-hour noise levels with mitigation. An acceptable software program that may be used for the analysis is SOUND 32 PC (microcomputer version of STAMINA 2.0) or an approved equivalent. b. Feasibility analysis utilizing noise abatement criteria established by the Federal Highway Administration (FHW A) and CAL TRANS. c. Cost reasonableness analysis utilizing criteria established by CALTRANS. d. Layout plans identifying location and heights of proposed sound walls. 2. The report will undergo an initial review by CAL TRANS and a following review by FHW A. Comments generated from these reviews will be returned to CONSULTANT. CONSULTANT shall address the comments from these reviews prior to resubmitting the report. -17- / /- 'if B. Sound Wall Plans As required by the noise report, the CONSULTANT shall prepare the PS&E for the construction of sound walls. 1. General a. Following approval of the noise report, CONSULTANT shall prepare sound wall plans. Sound wall plans shall provide the location, length, height, typical sections, log of borings, and material and cost estimate calculations. b. CONSULTANT shall make provisions in the sound wall plans, specifications, quantity calculations, and estimates for one alternative construction method. c. CONSULTANT shall update right-of-way requirements, as needed to incorporate temporary construction easements for sound walls. 355 Retaining Walls A. CONSULTANT shall be required to prepare all retaining wall plans. Said plans shall include wall location, height, typical sections, log of test borings, and material and cost estimate calculations. The extent of retaining wall construction shall be determined during the development of the Project Report. B. CONSULTANT shall update right-of-way requirements, as needed to incorporate temporary construction easements for retaining walls. C. All required retaining walls are anticipated to be standard type CALTRANS walls found in CALTRANS Standard Plans. CONSULTANT shall notifY the City ofChula Vista immediately upon determination that a non-standard retaining wall will be required for the Project. 360 Drainage A. General Requirements 1. CONSULTANT shall be responsible for the design, including hydrologic computations of all drainage facilities necessary to provide adequate drainage of the Project, including pavement drainage, runoff generated within the Project Area, inflows from watersheds beyond the Project, and interim drainage during construction. Except where specified herein, all plans, specifications, quantity calculations, estimates, and reports shall be in metric units and conform to CAL TRANS requirements. Where conflicts in methodology occur, CONSULTANT shall notify the City of Chula Vista immediately for resolution. -18- / /-I/:?- B. Permits CONSULTANT will prepare exhibits required to assist the City of Chula Vista in obtaining any permits and construction/maintenance agreements. C. Hydrology Reports 1. Off-site Hydrology Report a. CONSULTANT shall prepare an off-site hydrology report for the Project. The report shall be prepared in metric units and conform to CAL TRANS standards. b. Layout plans identifying the location of existing and, if necessary, proposed drainage facilities shall be included within the report. c. The report shall be submitted to the City ofChula Vista and CAL TRANS for review. Comments generated from this review will be returned to CONSULTANT for incorporation into the final plan. The number of copies of the report shall be determined prior to submittal. 2. On-site Hydrology Report a. CONSULTANT shall prepare an on-site hydrology report for the Project. The report shall be prepared in metric units and conform to CAL TRANS standards. b. Layout plans identifying the location of existing and, if necessary, proposed drainage facilities shall be included within the report. c. The report shall be submitted to the City ofChula Vista and CAL TRANS for review. Comments generated from this review will be returned to CONSULTANT for incorporation into the final plan. The number of copies of the report shall be determined prior to submittal. D. Reports and Plans 1. General a. CONSULTANT shall update right-of-way requirements as needed to incorporate drainage and temporary construction easements for drainage facilities. b. Conflicts with other utilities, including other drainage facilities, shall be identified in plan and profile. .19- //~L/3 2. Drainage Report and Plans a. Following CALTRANS and the City ofChula Vista's review ofthe off-site and on-site hydrology reports, the CONSULTANT shall perform hydraulic analysis for all of the drainage facilities on the Project. The corresponding drainage report shall be prepared in metric units and shall incorporate updated hydrology calculations. b. Drainage plans and profiles of proposed drainage facilities shall be included within the report. Modifications to existing facilities shall be identified on the plans. c. The drainage report shall be submitted to the City ofChula Vista and CAL TRANS for review. 360 Traffic Engineering CONSULTANT shall prepare the necessary traffic handling plans showing long- term closure of lanes, local road and highway detours, and number of available lanes. Included in these plans are stage construction, construction traffic handling and detours, signing, striping, lighting, and signal modifications as presented below: A. Stage Construction CONSULTANT shall prepare stage construction plans. Plans shall reflect the construction of all improvements identified on the plans. The plans shall include existing roadbeds, construction to be performed in the stage shown, traffic direction, number of lanes and future construction. CONSULTANT shall continually evaluate and update the stage construction plans during all phases of design. B. Construction Traffic Handling Plans and Detours 1. Traffic Management Plan a. CONSULTANT shall prepare a Traffic Management Plan. The plan should conform to CAL TRANS standards. b. The Traffic Management Plan shall be submitted to the City ofChula Vista and CAL TRANS for review. Comments generated from this review will be returned to CONSULTANT for incorporation into the final plan. The number of copies of the plan shall be determined prior to submittal. 2. CONSULTANT shall prepare traffic handling plans, which show long- term closure of lanes, detours and number of available lanes. Included in -20- / l4'i these plans are signing, striping, and modifications, and temporary traffic signals, if necessary. CONSULTANT shall continually evaluate and update the traffic handling plans during the design process. 3. CONSULTANT shall update right-of-way requirements as needed to incorporate temporary construction easements for traffic detours. C. Signing Plans CONSULTANT shall prepare final plans, specifications, and estimates for signing plans including layouts showing the locations of roadside and overhead signs, special sign details, lighting, and any structural or foundation requirements in accordance with applicable standards and design criteria. Any requirements for electrical service shall be coordinated with the local electric utility by CONSULTANT. D. Pavement Delineation Plans CONSULTANT shall prepare final plans, specifications, and estimates for pavement delineation in accordance with applicable CALTRANS standards and design criteria. E. Traffic Signal Plans CONSULTANT shall prepare final plans, ~pecifications, and estimates for traffic signalization as required for the Project. CONSULTANT shall determine levels of service, warrants and propose any needed improvements. F. Electrical Plans CONSULTANT shall prepare final plan, specifications, and estimates for electrical plans including layouts showing lighting standard and conduit locations, other lighting appurtenances, and any structural or foundation requirements in accordance with applicable standards and design criteria. Any requirements for electrical service shall be coordinated with the local electric utility by CONSULTANT. 400 MATERIALS FURNISHED BY OTHERS 410 Materials Furnished by the City of Chula Vista The City ofChula Vista shall furnish the CONSULTANT with the following project documents. A. Right-of-way Acquisition Services B. Title Reports -21- /1- '15 420 Materials Furnished by CAL TRANS CALTRANS, through the City ofChula Vista, may furnish the CONSULTANT with the following materials: A. As-built drawings of the current roadway and overcrossing structures B. Standard Special Provisions (SSP's) in Microsoft Word. C. Project Control from CAL TRANS District 11 Surveys Department 500 SERVICES PERFORMED BY OTHERS 600 ADMINISTRATION 610 The City of Chula Vista Project Management and Administration A. As part of their management activities, the City ofChula Vista shall: 1. Conduct ongoing reviews of CONSULTANT's progress in performing the work and furnish technical comments in a timely manner. 2. Review certain types of correspondence such as, work requests to subconsultants, initial contact letters to public agencies, sensitive correspondence, and sample letters to utility companies. 3. Coordinate the distribution of public information. 4. Review CONSULTANT's Quality Control Plan and CONSULTANT's conformance to its Quality Control Plan. 5. Provide a focal-point contact for all questions, requests, and submittals. 6. Receive and review monthly progress reports from CONSULTANT and incorporate the data presented in their Project Control System. 7. Review with CONSULTANT, requests for change orders and/or extensions of time when such requests are determined to be necessary. 8. Have final review and approval over all contractual payments and changes. 620 CONSULTANT Project Management and Administration A. CONSULTANT management activities include, but are not limited to: 1. Establishing, furnishing, and maintaining suitable office facilities to serve as the Contract office for the duration of the Contract in the location -22- / / -If~ specified in CONSULTANT's proposal. 2. Maintaining an adequate staff of qualified support personnel to perform the work necessary to complete the Project. 3. Establish internal accounting methods and procedures acceptable to the City ofChula Vista for documenting and monitoring Contract costs. 4. Providing cost-to-date, schedule, progress, and related data to the City of Chula Vista as part of the regular monthly progress and payment process. B. CONSULTANT's work shall be performed and/or directed by those key personnel identified in their proposal. Any changes in the indicated key personnel shall be subject to prior review and approval by the City of Chula Vista in writing. C. CONSULTANT shall provide to the City of Chula Vista copies of all written correspondence between CONSULTANT and any party pertaining specifically to the Project. Copies shall be furnished within five calendar days of receipt of said correspondence from any party, or five calendar days prior to mailing of correspondence to any party for review. CONSULTANT is also responsible for recording and distributing the minutes of all meetings pertaining to the Project at which CONSULTANT is present. D. CONSULTANT shall give written notice to the City ofChula Vista within seven (7) working days after CONSULTANT knows or should know of any cause or condition which might, under reasonable foreseeable circumstances, result in delay for which CONSULTANT may request an extension of time to complete Services. 630 Project Controls A. CONSULTANT's Project Control System shall be able to: 1. Determine the critical path for the Services. 2. Forecast dates for intermediate milestones and project completion. 3. Forecast possible delays and/or resource shortages. 4. Provide current project cost estimate information. 5. Provide all the estimates necessary to assist in confirming the construction budget. B. Within 15 working days ofthe introductory meeting the CONSULTANT shall submit to the City of Chula Vista for their review, a Bar Chart Schedule showing the Critical Path and identifying all project development activities -23- //-'11 and milestones. The City of Chula Vista will review these documents and return them to CONSULTANT with notes and comments as soon as possible in order to validate the planning and cost control procedures within the first calendar month of performance period. C. As the Contract work progresses, CONSULTANT may discover the need to change the schedule to improve productivity or accommodate new or changed conditions. Any proposed change to the schedule shall be presented to the City of Chula Vista for review and validation prior to incorporation in the schedule. D. CONSULTANT shall report in a timely manner, through correspondence or progress reports, whenever if appears that approved schedules will not be met whether or not the reasons are within the CONSULTANT's control. In the event the Scope and Schedule of the Services is modified, and the modified Schedule is approved by the City of Chula Vista, CONSULTANT shall submit a revised Milestone Schedule. CONSULTANT shall submit a revised Milestone Schedule. CONSULTANT shall perform the Services in accordance with the latest approved revision Milestone Schedule. 640 Monthly Progress Reports A. On a monthly basis, CONSULTANT shall prepare and submit to the City of Chula Vista a monthly status report that indicates the work progress achieved during the period. The report shall summarize the actual work progress compared with estimated progress and will identify problem areas, provide evaluations, recommendations and an outline on the process which CONSULTANT, and the City of Chula Vista will follow to rectify the problem(s). The progress report shall be submitted with the monthly invoice. As a minimum, the monthly report should address the following specific areas: I. Time related project status via a bar chart schedule 2. Physical progress 3. Amendment summary history 4. Narrative status report B. A Progress Meeting between CONSULTANT, CALTRANS, and the City of Chula Vista shall be held, at minimum, on monthly basis to discuss the design progress, potential problems, plans for the next period, and other progress issues. The City ofChula Vista will establish with CONSULTANT the dates and times of these meetings. Three calendar days prior to each progress meeting, CONSULTANT shall provide the City of Chula Vista with a typewritten agenda for the meeting. CONSULTANT shall prepare typewritten meeting minutes and submit them to the City ofChula Vista -24- 11-'/ i within seven calendar days after the meeting. The minutes shall indicate issues discussed and the resolution or action required to resolve any issues. C. Project Coordination Meetings may be called by the City of Chula Vista, CAL TRANS or the CONSULTANT at any time that any party required discussion of Project issues. CONSULTANT shall prepare minutes of the meeting and submit them to the City ofChula Vista. 650 Quality Assurance A. CONSULTANT has total responsibility for the accuracy and completeness of the plans, calculations, and related documents furnished under this Scope of Services, and shall meet that responsibility through the implementation of a Quality Assurance Plan. CONSULTANT's Quality Assurance Plan shall be in effect throughout the entire Contract and, at minimum, shall establish the process necessary to ensure the following: I. All design is done in accordance with good engineering practice and all design meets the standards set forth herein. 2. All final plans and calculations are independently checked and back- checked, in accordance with accepted practice, by a qualified engineer, registered in the State of California. All original drawings and calculations shall be maintained for the duration of the design Contract and submitted to the City ofChula Vista at the completion ofthe Project. 3. Consultant shall maintain a set ofproject files that are indexed in accordance with CAL TRANS' Project Development Uniform File System. 4. Coordination and checks are provided on those drawings that show different work in the same area (i.e. plans coordinated with specifications), to see that conflicts and misalignment do not occur between plan sheets, and between the plans and specifications. 5. CONSULTANT shall verify the constructability of the plans in relation to CALTRANS Standard Plan and Standard Specifications, and the Project Special Provisions. 660 Design Documentation A. CONSULTANT shall be required to submit to the City ofChula Vista for review all design notes, sketches, worksheets, and computations to document the design conclusions reached during the development of the PS&E. B. The design notes and computations shall be recorded on 8 '12" x II" computation sheets, appropriately titled, numbered, dated, indexed, and signed by the designer and checker. Computer output forms and other oversized sheets shall be folded or legibly reduced for submittal to 8 %" x -25- //-'/9 II" size. The data shall be bound in a hard-back folder for submittal to the City of Chula Vista. C. At Project completion, a final set of the design notes and computations, sealed by a Professional Engineer registered in the State of California, shall be submitted with the record set of plans and tracings. D. Design notes and calculations shall include, but are not limited to, the following data: I. Field survey notes and computations 2. Control criteria used for the Proj ect 3. Horizontal Alignment Calculations 4. Vertical Alignment Calculations 5. Hydrologic computations 6. Structural design calculations 7. Geotechnical Report 8. Earthwork calculations not included in the quantity computation booklet 9. Calculations of quantities 10. Documentation of decisions reached resulting from meetings, telephone conversations, or site visits. E. CONSULTANT shall submit a Resident Engineer's File. This file shall include, but shall not be limited to the following: I. Quantity Calculations 2. Pertinent Correspondence 3. Utility Agreements 4. R/W Agreements 5. R/WMaps 6. Cooperative Agreements 7. Exceptions Fact Sheets, as necessary -26- II-StJ 8. CE Form 9. Aerial Photos 10. Topographic Mapping II. Maintenance Agreements 12. Cross Sections (Earthwork) 13. Profiles 14. Survey Control Map 15. Survey Information (traverses, terrain notes, etc.) 16. As-builts (bridge, electrical, landscape, etc.) 17. Materials and Foundation Reports 18. State Furnished Materials & corresponding order forms (sign, electrical, etc.) 19. List of Contact Personnel and phone numbers Project Manger Project Engineer Traffic Design Traffic Electrical Design Traffic Operations Traffic Management Materials Environmental Hydrology Right-of-way Acquisition Right-of-way Engineering Right-of-way Relocation -27- / / -5/ Local Agency Representatives 670 Reproduction Services CONSULTANT shall provide the reproduction services required for the projects inclusive ofthe number of plan sets to be delivered for the submittal tasks outlined in this Scope of Services. 680 Design Review Procedure A. Design review procedures will be as follows: 1. CONSULT ANT shall submit draft and final plans, specifications, estimates, reports, and documentation to the City ofChula Vista. The City ofChula Vista, in cooperation with the CALTRANS Oversight Project Coordinator, will ensure the appropriate level of review. 2. Comments from the reviewers will be channeled to the City of Chula Vista for consolidation. The City of Chula Vista and the CAL TRANS Oversight Project Coordinator will determine the appropriateness of the comments and resolve any conflicts if they occur. 3. CONSULTANT may be requested to provide written responses to the comment prior to any subsequent reviews of final document submittal. 4. Consolidated comments will be provided to CONSULTANT and will be numbered in a manner corresponding to the plan sheet, page number, or special provision in question. A review meeting will then be scheduled with CONSULTANT to discuss responses and unresolved issues or questions. B. At a minimum, CONSULTANT shall obtain written approval from the City ofChula Vista for each of the deliverables outlined within this Scope of Services. C. Where CONSULTANT is required to prepare and submit studies, reports, plans, etc., to the City of Chula Vista as required by this Scope of Services, these shall be submitted in draft as scheduled and the opportunity provided for direct revisions, prior to final submission. 690 Submittal and Reviews A. The City ofChula Vista in cooperation with CALTRANS' Oversight Project Coordinator will exercise periodic review and approval functions at key points in the design process. The City of Chula Vista, CAL TRANS, and CONSULTANT shall jointly develop a final design review schedule. At a minimum, these reviews will be performed at the times corresponding to the -28- //-5;1- target milestone proj ect design schedule listed herein. Specific products and deliverables to be reviewed shall include but not be limited to those items listed in this section of the Scope of Services. Additionally, as part of the review process, the City of Chula Vista may request CONSULTANT to submit additional materials for review. This additional material will be determined by the City of Chula Vista as appropriate and provided by CONSULTANT in a timely manner. All submittals shall comply with this Contract and with the procedures stated herein. B. Reports prepared by CONSULTANT shall be submitted in draft form, and opportunity provided for the City of Chula Vista and CAL TRANS to review and direct revisions prior to formal submittal. If so requested by the City of Chula Vista, CONSULTANT shall make other submittals in draft form to provide opportunity for review and revisions. C. If CONSULTANT fails to submit the required deliverable items set forth in this Scope of Services, the City of Chula Vista shall have the right to withhold payment and/or terminate this Agreement in accordance with the provisions entitled "Termination" included in this Contract. D. CONSULTANT may continue its design efforts while deliverables are under review by the City of Chula Vista and CAL TRANS. Continuations, however, in no way relieves CONSULTANT of the responsibility to incorporate review comments into the design, nor does it entitle CONSULTANT to any additional design fees as a result of making changes due to review comments. G. Reimburseable Expenses. Reimburseable expenses such as pnntmg, copying, blueprinting, plotting, mylars, and delivery charges will be invoiced to the City at the cost incurred by the Consultant in preparation and processing ofthe work product as defined by the above scope of services. II. Cost Summary A. Hudson Safe-T-Lite: Traffic control services for geotechnical surveys. $ 22,500.00 B. KTU&A: Landscaping architectural services and conceptual plans. $ 80,065.00 C. Ninyo & Moore: Geotechncial services for bridge deck and roadway work. $ 29,600.00 D. Rick Engineering: General engineering design services for project. $1,090,720.00 I. Research of Records & Survey Work 2. Horizontal & Vertical Design, Create Cross Sections 3. Right-of-Way Plats, Legal Descriptions, Construction Easements 4. Plan Coordination with Structural Design, Bridge Selection I. Drainage & Grading, Electrical, Traffic Signing & Striping, Retaining & Sound Walls 2. Bridge Foundation Report & Coordination 3. Initial Structure PS&E/Coordination -29- II - 5.3 4. Design Revisions, Cost Estimates, Earthwork Quantities, Utility Details, Special Provisions 5. Final Design & Construction Details, Submit Electronic File 6. Prepare PS&E Books for Caltrans 7. Prepare Slope Stake Notes, Cross Sections and Traverses 8. Construction Bidding Support 9. Construction Support and Preparation of As-Built Plans 10. Additional Research, Exhibits & Studies, Public & Staff Meetings, Storm Water Plan E. TYLin/McDaniel: Structural engineering design services for bridge deck. $ 121,370.00 F. Urban Systems: Traffic signal design services at six locations. $ 44,105.00 G. Reimbursable Expenses $ 35,000.00 Subtotal $ 1,423,360.00 The proposed amendment will increase the contract with the CONSULTANT, as amended, by $1,423,360 to a total of $2,813,300. B. Amend Exhibit A, Section lIB Phased Fixed Fee Arrangement as follows: 1. Revise the Table as shown on "Eighth Amendment" (attached). Services (excluding reimbursables) will be paid on a phased fixed fee arrangement in accordance with the Cost Summary outlined in Section V of Exhibit A, Section 8.A. C. Except as modified herein, all other provisions of the Agreement approved by Resolution No. 18193 on January 23, 1996, the first amendment approved by Resolution No. 18555 on January 21,1997, the second amendment approved by Resolution No. 18670 on May 20, 1997, the third amendment approved by Resolution No. 18749 on August 5, 1997, the fourth amendment approved by Resolution No. 19269 on November 17,1998, the fifth amendment approved by Resolution No. 19540 on July 13, 1999, the sixth amendment approved by Resolution No. 2000-062 on February 22,2000, and the seventh amendment approved by Resolution No. 2000- 224 on June 20, 2000, shall remain in full force and effect. END OF EIGHTH AMENDMENT SIGNATURE PAGE FOLLOWS -30- //-5f Signature Page for the Eighth Amendment to Agreement between City ofChula Vista and Rick Engineering Company for preliminary engineering design services for the final design Plans, Specifications & Estimates (PS&E) for the interchange with Interstate 805 at Olympic Parkway and for Olympic Parkway from Melrose Avenue to east of Oleander Avenue; IN WITNESS WHEREOF, CITY and CONSULTANT have executed this eighth Amendment thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: DATED: CITY OF CHULA VISTA By: Shirley Horton, Mayor ATTEST: Susan Bigelow, City Clerk APPROVED AS TO FORM: John M. Kaheny, City Attorney DATED. Rick Engineering Company By: Kai Ramer, Associate ATTACHMENT: Eighth Amendment H:ISHAREDlENGINEERIRICK8AMD.fxr.DOC -31- //-55 COUNCIL AGENDA STATEMENT Item Meeting Date 9/12/00 ITEM TITLE: Resolution Approving Amendment of FY 2000-01 Transportation Development Act (TDA) Article 4.0 Claim and Appropriation of $35,000 to Support the Chula Vista Visitor Informationf Center SUBMITTED BY: Director of Public Works /~ REVIEWED BY: City Manager (O i'/,.,'v (4/Sths Vote: Yes X No__) At its meeting on April 18, 2000, Council approved the submission to SANDAG and MTDB of the FY 2000-01 Claim for TDA Article 4.0 funds to support Chula Vista Transit (CVT) operations and capital procurements. The City's TDA FY 2000-01 claim needs to be amended in the amount of $1,034,022. Thirty-five thousand ($35,000) will be used to support the operation to the Chula Vista Visitor Information Center located at the Bayfront/E Street Trolley Station and $999,022 based on Council action on August 15, 2000, to assist in the financing of the new Corporation Yard. The additional funds will be used for TransWs cost share of the new Corporation Yard. RECOMMENDATION: That Council adopt resolution approving the amendment to the FY 2000-01 TDA Article 4.0 Claim and appropriate $35,000 contingent upon action from the MTDB and SANDAG Boards. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The City's annual TDA claim may be amended by direction of the Council. The additional $1,034,022 of TDA funds will be withdrawn from the City's prior year unallocated TDA balance which currently amounts to $1,241,583. These funds are available to the City, but have not been allocated to any specific operation or capital project. Visitor Information Center Background The Bayfront/E Street Trolley Station is jointly owned and operated by the City of Chula Vista, County of San Diego, and the Metropolitan Transit Development Board (MTDB). The site includes the Visitor Information Center that is co-owned by the City and County, and has been administered by the City under a separate agreement. The center serves a daily average of more than 300 people who request visitor and transit information. Since opening in 1986, the Visitor Information Center has had four operators. Currently, the Chula Vista Chamber of Commerce/Convention & Visitors Bureau operates the Visitor Information Center through a contract with the City that was approved in late 1994. The major objectives of the Visitor Information Center are defined as follows: 1. To provide mass transit information and ticket sales to trolley and bus riders. 2. To provide accurate information to visitors concerning Chula Vista and the San Diego region including Tijuana and Baja, Mexico. Page 2, Item __ Meeting Date 9/12/00 3. To present a positive image of the City, the Bayfront and the South Bay region, and to promote visitor-serving attractions and businesses in the City. 4. To minimize the City/County costs related to the operation of the Center. The Visitor Information Center at the Bayfront/E Street Trolley Station offers residents and tourists a wide variety of transportation options. A large number of regular San Diego Trolley riders use this convenient site, which results in a high sales volume of monthly and daily transit passes for the trolley being sold here. It also has both Chula Vista Transit and MTS Contract Services bus routes that serve the station..The staff spends many hours every day providing invaluable information to visitors and tourists who are unfamiliar with the trolley system or regional bus routes and ridership. Other employees perform the necessary associated banking and bookkeeping functions required as a result of the transit transactions. In addition, the Visitor Information Center is a popular stop for tourists B partially as a result of freeway signage announcing both the Visitor Information Center and the trolley at the E St. exit. All of these activities demand that a large percentage of the staff time is devoted to transit-related activities. Transit pass sales account for the largest portion of the total gross sales at the Visitor Information Center. In 1999, transit pass sales totaled $275,000 or 80.6 % of the $341,000 total gross sales that were generated at the Visitor Information Center. By comparison, discount attraction ticket sales totaling $52,000 or 15.3% account for the 2nd largest component of the total gross sales. The sale of transit passes represents the largest liability in terms of the monthly cash flow handled and also accounts for the largest monthly disbursement that is made to the Metropolitan Transit Development Board (MTDB). As a result, a large portion of the Visitor Information Center staff time and Chamber accounting staff time must be devoted to managing the sale of transit passes. However, the yearly profit derived from transit pass sales was estimated to be $4,000 or 1.5%. This amount offsets 9.5% ofthe estimated $42,000 yearly salary costs incurred by the Visitor Information Center. Increasing the visitor information subsidy through the use of transit revenue will fund the staff time and effort that is currently required to administer the transit pass sales and provide transit information for all of the region. Transit - New Corporation Yard Transit's share of the new Corporation Yard amounts to $7,061,883 and consists of the following components: Transit Percent Activity Total Cost Share Cost Share SDG&E Site Purchase $7,000,000 16.1% $1,127,000 Remodeling & Constmction $27,024,771 18.2% $4,907,668 CNG Fueling Station $1,027,215 100% $1,027,215 Total $35,051,986 $7,061,883 Page 3, Item __ Meeting Date 9/12/00 Transit's revenue funds to the project consist of the following TDA amounts: TDA Funds Funds Appropriated to Date $5,062,861 Funds Deposited in City Account and Appropriated $1,000,000 on 8/15/00 Funds to be Claimed $999,022 $7,061,883 The following is a brief summary of Transit Division's facilities at the new Corporation Yard: Administrative and Driver Facilities - Transit management facilities will include office space for City Transit staff: Transit Coordinator, Assistant Transit Coordinator and Public Works Technician III. The Transit Contractor will have separate office space for their managers, supervisors and drivers. Maintenance Facilities - Transit maintenance facilities will consist of six (6) repair bays. Four of which will be equipped with lifts. Transit will share two other maintenance bays with Public Works Operations. Other maintenance facilities include office space for the transit maintenance manager and maintenance staff, parts storage space and various equipped work areas. Fueling~ Washing and Storage Facilities - Transit will fuel the new CNG buses at a CNG fueling station with a capacity to fuel 55 CNG buses at built-out. Additionally, a vacuum room, and a bus drive-thru wash bay, will be available to Transit. Space to park 55 buses will be allocated to Transit. FISCAL IMPACT: This amendment to the FY 2000-01 TDA Article 4.0 claim contains no City of Chula Vista General Fund contribution. Transit Division operating and capital costs are funded by City of Chula Vista TDA Article 4.0 funds. The additional $1,034,022 would come from prior year unallocated TDA funds which balance currently totals $1,241,583. File: DS-022 H:/SHARED\ENGINEERXA113 TDA FY 0IAMENDMENT- VISITOR CENTER-CORP YARDi.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DJ4ENDMENT OF FY 2000-01 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM AND APPROPRIATION OF $35,000 TO SUPPORT THE CHULA VISTA VISITOR INFORMATION CENTER WHEREAS, at its meeting on April 18, 2000, Council approved the submission to SANDAG and MTDB of the FY 2000-01 Claim for TA Article 4.0 funds to support Chula Vista Transit (CVT) operations and capital procurements; and WHEREAS, the City's TDA FY 2000-01 claim needs to be amended in the amount of $1,034,022; and WHEREAS, $35,000 will be used to support the operation to the Chula Vista Visitor Information Center located at the Bayfront/E Street Trolley Station and $999,022 based on Council action on August 15, 2000, to assist in the financing of the new Corporation Yard; and WHEREAS, the additional funds will be used for Transit's cost share of the new Corporation Yard. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve Amendment of FY 2000-01 Transportation Development Act (TDA) Article 4.0 Claim. BE IT FURTHER RESOLVED the City Council does hereby appropriate $35,000 contingent upon action from the MTDB and SANDAG Boards. Presented by Approved as to form by John P. Lippitt Joh~'M. Kaheny Director of Public Works ~.C~y Attorney H: ~Home~Attorney[Reso~VisitorCenter. TDA COUNCIL AGENDA STATEMENT Item Meeting Date 9/12/00 ITEM TITLE: Resolution Approving an Agreement with Claudio Estrada for the payment of sewer connection fees at 285 Shirley Street and authorizing the City Engineer to approve said agreement and future sewer connection payment agreements for remaining residents on Shirley Street SUBMITTED BY: Director of Public Works~f~ REVIEWED BY: City ManagerC~ 0~' (4/5ths Vote: Yes No X The purpose of the agreement is to allow Claudio Estrada, owner of the property at 285 Shirley Street to connect his residence to the public sewer main in Shirley Street and pay the sewer connection fees of $6,290 over a ten year period with six percent interest. RECOMMENDATION: That Council approve the resolution authorizing the City Engineer to execute the payment agreement ;vith Claudio Estrada and future payment agreements with residents of Shirley Street. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: At the January 19, 2000 City Council meeting, John Lippitt, Director of Public Works presented to Council an Informational Memorandum (Exhibit "A") which explained why a reimbursement district was not being used to reimburse the City for the installation of the Shirley Street sewer main between N. Second Avenue and N. Del Mar Avenue. Instead of forming a reimbursement district, it was decided to allow these residents to pay the standard rate in accordance with Section 13.16.170 of the Municipal Code which would be charged to any property owner in Chula Vista connecting to an existing sewer not in a reimbursement district or part of a sewer basin plan. The memo also indicated that staff offered the Shirley Street residents financing for up to ten years for the connection fees. On February 8, 2000 a letter (Exhibit "B") was sent to the 14 Shirley Street residents informing them of the total sewer connection fees and the financing option that includes a six percent interest charge. Recently, Claudio Estrada, owner of the property at 285 Shirley Street requested to connect to the sewer main and pay for the connection fee of $6,290 by means of the financing option. Mr. Estrada also indicated that he was aware that other residents on Shirley Street would also be requesting the financing option. Staff has prepared a payment agreement (Exhibit "C") for Mr. Estrada for financing the $6,290 connection fee plus six percent interest for up to ten years. The agreement also includes placing a lien on the property in the same amount for the purpose of securing the future payment of the fees. Staff proposes to use a similar agreement for any other Shirley Street residents requesting the financing option. Page 2, Item Meeting Date 9/12/00 It is being requested that the City Engineer be authorized by this resolution to execute the payment agreement with Claudio Estrada and also be authorized to execute future payment agreements for the remaining residents along Shirley Street when requested. FISCAL IMPACT: $960 of the total $6,290 connection fee is to reimburse the City for the Shirley Street sewer main project. $3,015 is for the installation of the sewer lateral, $2,220 is the standard server capacity fee for a single family residence, $25 is for the Spring Valley Sanitation District charge and $70 covers administrative charges. The interest accrued over the financing period will be used to offset administrative costs associated with invoicing. Attachments A. Informational Memorandum to City Council B. Letter to Shirley Street residents C. Financing Agreement File No. 0790-40-SR009 H:'xHOM E\ENGIN EE R\AG ENDA\S HI KL EY.SLY INFORMATIONAL MEMORANDUM -~ ~a-'-~ I/~5-/~ ~ January 19, 2000 File #0790-40-SR009 TO: The Honorable Mayor and City Council VIA: David D. Rowlands, Jr., City Manager FROM: John P. Lippitt, Director of Public Works SUBJECT: Proposed Shirley Street Sewer Reimbursement District On November 16, 1999, Council adopted Resolution 19657, which initiated proceedings for formation ora reimbursement district for the Shirley Street sewer and scheduled apublic hearing for December 7, 1999 (Attachment A). This sewer line had been constructed at the request of the property owner of 285 Shirley Street, whose septic system had failed. Construction of an 8-inch sewer in Shirley Street between North Second and Del Mar Avenue was included in the Capital improvement Progarn for Fiscal Year 1999-00, with the understanding that the upfront City funding would be repaid through a reimbursement district. Fourteen properties on both sides of Shir!ey Street were proposed to be included in the District. The properties located at 210 and 270 Shirley Street were excluded because they had already been connected to the sewer lines in North Second Avenue and C Street, respectively. Some of the other properties on the south side of Shirley Street could also connect to C Street. Two properties have already connected to the Shirley Street sewer. 240 Shirley Street connected prior to determination of total sewer costs and only paid $3015 for the lateral plus sewer capacity and administrative fees, while 260 Shirley Street paid $6300 towards the cost of the sewer main and lateral. Since this creates an issue of equity in the neighborhood, staff proposed that the City pick up City staffand advertizing costs, reducing the residents' share to $5001.67 for sewer main and lateral costs. Total sewer costs per resident were estimated at $7291.67. On December 7, owners of 8 of the 14 properties attended the Council Meeting. Due to the number of people in attendance, it was decided to hold a separate meeting at that time to address residents' concerns and postpone the publi6 hearing before Council. The following issues were brought up: 1. What was the rationale for constructing a sewer line averaging ten feet in depth? A shallo;ver sewer would be cheaper to construct and easier to maintain. 2. Neighborhood meetings should have been held prior to sewer construction in order for the property o;vners to be made aware of the costs and the construction schedule. 3. Can residents repair their septic systems instead of connecting to the sewer? Is it necessary to connect to the sewer prior to selling the property? 4. The cost is still too high compared to fees paid by property owners connecting to either Shirley Street or C Street. 5. Many of the property owners are senior citizens and can't afford to pay a large fee with the T?.e Honorabie Mayor and CiW. Council -z-" January I9, 2000 building petTnit. Can the sewer fees be financed over several years? City staff noticed all property owners and held an additional community meeting to address these :,:nce~s on Janua.q,,' 13, 2000. As at the previous meeting, o~vners of 8 out of the 14 property ,~'wners attended. Staff addressed the following issues: Septic Systems: The Uniform Plumbing Code states that no permit shall be issued for the installation or repair of any private sewage disposal system where a connection with a public sexver is within 200 feet. TNs would require Shirley Street residents with failed septic systems to connect to the sewer. However, o~vners who sell their properties will not be required to connect to the City, if the septic systems are functional. Owners who build additions onto trek properties may be required to connect to the sewer if the septic system x~ ould be undersized based on the additional uses. Sewer Des~,,n. The C~ty dismbuted the attached Shirley Street Sewer Lnstallauon Response to Questinns"(Attachment B). As discussed in the handout, the cost differential bet~veen a seven-foot deep sewer and a 10.5-foot deep server is minimal. One of the property owners wanted to build a shallower private sewer line under the lawns on the north side of Shirley Street and tried to convince his neighbors to go along with his plan, but he could not obtain a consensus. Staff was opposed to this alternative. 2. Cost Offer: After revie,Mng the four current server connections to the 200 block of Shirley Street and C Street, City staffoffered to charge Shirley Street properly owners in accordance with Section 13.16.170 in the Municipal Code, as was charged the property at 270 Skirley Street. This is the rate which would be charged to any property owner in Chula Vista connecting to an existing sewer not in a reimbursement district or part of a sewer basin plan. The charges would be as follows: Sewer Lateral Fee $3015 Front Foot Sewer Charge (Ordinance 997) $960 ($16 per foot for a 60-foot wide lot) Se~ er Capacity Charge $2220 Spring Valley Sanitation Dist. Charge $ 25 .z~dn',inistrative Charges S 70 TOTAL $6290 The use of this charge would not require establishing a reimbursement district on either Sb, irley Street or C Street. The residents seemed to be generally a~eeable to this charge kased o~ its equitability. It is approximately $1000 less per resident than the option The Honorable Mayor and Ci~ Council -3- January I9, 2000 ori=oSnally proposed by staff, or a potential loss in revenue to the City of S13,000 (excluding 240 ShSrley Street). All the lots within the proposed District are approx/mately 60 feet Mdc, with the excption of 235 Shirley Street, which is 120 feet ~vide. Staff offered to connect this property owner to the sesver at the same front footage charge as the other property o~nners if be obtained a sewer connection permit within the next six months. 4. Financing Options: Staffoffered to provide financing for up to ten years for each property owner, provided that the property, oxvner sign an ageement and agee to have a lien placed on their property. The Director of Finance had tentatively agreed to this plan. The Director of Finance was subsequently consulted and agreed to this plan. Property owners would be charged an interest rate of six percent, which is equal to the amount generally charged for reimbursement Districts minus the one percent District administrative fee. Unless otherwise directed by Council and because of past history, of some properties getting connected to the sewer for lower costs, staff will discontinue the proceedings for the sewer reimbursement district and charge standard ordinance charges for the sewer connection on both Shirley Street and "C" Street. If Council does not object to this plan of action, the Shirley Street property owners will be notified of these conclusions after the January 25, 2000 Council meeting. The property owner of 260 Shirley Street, Mrs. Butikofer, will be ~ven a refund for the difference bet~veen what she paid for a sewer connection and $6290. Attachments: A. Shirley Street Agenda Statements B. Shirley Street Sewer Installation Response to Questions H: HO ME' ENGINEER~ASMTDISTxSHIRLMEM.EMC CHUIA VIS1-A DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Februa~,, 8. 2000 File #079040-$R009 5A_MIE dc CLAUDIO ESTRADA 285 SHIRLEY STtLEET --~.2 - ~..-- -- CHULAVISTA. CA9Igl0~ = -.- . ~- 2 .,,v, ~ tx :%.,. ,- ~*-. -- _ .. SHIRLEY STREET SEI,VER CON.'NECTION CH-&RGES As discussed at the Shirley Street propm'w owners'meeting held on Sanuary 13, i>abiic Works Enw. neering staff prepared an irfformadonal memorandum for the City Council to consider at their January 55, 2000 Council meeting. The proposal was to discontinue pursuing a reimbursement disrcict and instead use existing fees to pa>' for sewer connection charges. Council did not offer any objections to the course of action proposed by sta~ The following discusses the approved urocedure and'fees for prope,.'zy owners on tine 200 block of Shirley Street wishing to cormect to the sewer. The City will not establish a reimbursement district for the sewer. Property. owners will instead be charged in ac:ordance with the standard fees specified in City Ordinances. the Municipal Code and the Master Fee Schedule. These fees will be as follows: Sewer Lateral Fee [ S3015 Front Foot Sewer Charge (Ordinance 997) J $ 960 for a 60-¢~ot wide lot ($16 per foot) Sewer Capacity Charge [ $2220 Spring Valley Sanitation District Charge $ 25 for an average lot (S130 per acre) Administrative Char~es= ] S 70 [TOTAL (Average lot) [ $6290 if requested by the property owner, the City will provide financing for up to ten years for payment of the sewer connection fees, provided that the property owner sign an agreement with the City and agree to have a lien placed on the property. Property owners would be charged an annual interest rate of six percent. This offer will be available for one year from the date of this letter. Hopefully, this solution will be fair and workable for property owners. Please contact Elizabeth Chopp, Civil En,_,ineer, at (6t9) 691-5258 for further details or Silvester Evetovich, Civil Engineer, at (619) 691-51 t5 for info~:p.:ction..on obta)cting a permit. RA%PH ~.. L~YV¢ SENIOR CIVIL ENGINEER cc: Siivester Evetovich, ,&lex AI-Agha H:-HOME~NGINT. ER'ASMTDIST,,SHLRLET~MC Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 · This space for Recorder's use, only · Assessors Parcel No: 563-321-02 079040-SR009 AGREEMENT FOR THE DEFERRAL OF SEWER CONNECTION FEES AND LIEN SECURING THE FUTURE PAYMENT OF SAID FEES ON THE PROPERTY OWNED BY JAMIE AND CLAUDIO ESTRADA AND LOCATED AT 285 SHIRLEY STREET IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this day of 20 , by and between the CITY OF CHULA VISTA, a municipal corporation (hereinafter "City"), JAMIE AND CLAUDIO ESTRADA, as husband and wife (hereinafter "Property Owner"); WITNESSETH WHEREAS, the property which is the subject matter of this agreement is commonly known as 285 SHIRLEY STREET, CHULA VISTA, CALIFORNIA, is identified in the County Assessor records as Parcel No.563-321-02 in the City of Chula Vista, County of San Diego, State of California and is further described as: BEING LOT 37 OF UECKER'S SUBDIVISION NO. 3, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 2441, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 11, 1947. (hereinafter "Property"); and, WHEREAS, Property is owned by Property Owner; and, WHEREAS, Property Owner is desirous of connecting Property to the City's public sanitary sewer system; and, WHEREAS, on January 25, 2000 an informational memorandum was presented to the Chula Vista City Council to explain the outcome of meetings between Engineering staff and residents of Shirley Street in relation to connecting their residences to the newly installed public sewer main in Shirley Street; and, WHEREAS, said informational memorandum outlined the payment options given to the Shirley Street residents wishing to connect to the sewer main; and, WHEREAS, said payment options included a lump-sum payment of $6290.00 or a payment plan consisting of financing for up to ten years with an interest rate of six percent; and, WHEREAS, implementation of the financing option requires Property Owner to enter an agreement with the City; and, WHEREAS, Property Owner has requested connection of the Property to the City's sanitary sewer system and has requested the financing option. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: A. Terms of Payment 1. Property owner shall pay to City the maximum principal amount of $6290, with 6% compound interest, over a period of 10 years. The maximum initial payment of $422.79 shall be due and payable on the date of sewer connection. The subsequent 19 semi-annual payments equal to a maximum of $422.79 each shall be billed and payable with the tax bill beginning in Fiscal Year 2000-01 through Fiscal Year 2010-11. 2. Property owner may pay the principal at any time prior to July 1, 2010. Additional interest payments will not be billed subsequent to such payment. 3. Property owner shall pay balance as calculated in Item A2 above if Property is sold, transferred or conveyed. 4. For payment which is not made by the due date, Property Owner shall pay a penalty of 10 percent of the delinquent amount plus 1-1/2 percent per month in addition to the regular payment. B. Grant of Lien: For the purpose of securing the faithful performance of the promises and covenants herein contained, Property Owner hereby grants to the City of Chula Vista a lien ("Lien") upon the Property in an amount equal to a maximum of Six Thousand Two Hundred and Ninety Dollars ($6290) and which amount shall be increased or decreased annually at the request of Property Owner in direct proportion to Property Owners' payment or failure to make payment as herein agreed upon and the month in which this agreement was entered ("Lien Amount"). Page ( 2 ) ~ . ~)-~ 2. At any time during the period herein provided, Property Owner, may pay in cash the outstanding principal amount. If said cash payment is made, the City shall rescind the Lien granted by this Agreement, and shall record a notice of recision of same. The recision of the lien shall not constitute a recision of other covenants and property interests herein granted, and shall not constitute a basis for no[ recording this Agreement. 3. The Lien Amount shall operate as a maximum amount of the principal of this Lien, exclusive of Attorney's Fees and Costs, and interest from the date of filing of the foreclosure action on the Lien, which interest Property Owner agrees to pay at the rate of six (6%) percent per annum, compounded annually. C. Remedies: Nothing in this agreement shall constitute a limitation on the remedies provided at law or equity. It is understood, agreed and acknowledged by Property Owner that, upon failure of the Property Owner's obligation to pay the at the time and in the manner specified by this Agreement, the City may, but is not required to, do any of the following: 4. In the event Property Owner defaults, City may foreclose on said Lien, as provided by law for the foreclosure of mortgages, and Property Owner agrees that the mnount of said Lien includes administrative and attorneys' fees which shall be taxed as a cost in any suit or foreclosure. Foreclosure proceedings may commence after non-payment of two sequential installments. 2. Pursue any other remedy, legal or equitable by law, for the foreclosure of a lien, and Property Owner, his/her heirs and assigns, shall pay reasonable attorneys' fees and costs to be taxed as a cost in said proceedings. D. Miscellaneous Provisions: 5. Authority of City: Property Owner further agrees that, and agrees not to protest the fact, that the City is vested with the authority to require the Property Owner to make payments as agreed herewith. 6. Notices: Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either 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 party. Facsimile transmission shall constitute personal delivery. Pa~e ( 3 ) City: City of Chula Vista 276 4th Ave. Chula Vista, CA 92010 Attn: Public Works, Engineering Division Property Owner: Jamie and Claudio Estrada 285 Shirley Street Chula Vista, CA 91910 (A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery.) 7. 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. 4. Recitals; Exhibits: Any recitals set forth above are incorporated by reference into this Agreement. 5. Attorneys' Fees: The prevailing party in any action enforcing the provisions of this agreement shall be entitled to reasonable attorney's fees in addition to any other costs, damages, or remedies. 6. Preparation of Agreement: No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 7. Recitals; Exhibits: Any recitals set forth above are incorporated by reference into this Agreement. 8. Invalidity: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenfomeable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 9. Time: Time is of the essence in the performance of the Parties' respective obligations herein contained. End of Page. Next Page is a Signature Page. SIGNATURE PAGE FOR LIEN AGREEMENT (PARCEL 563-321-02) 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 BY: DATED: CLIFFORD L. SWANSON, DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER (City Clerk to attach acknowledgment.) PROPERTY OWNERS Dated: Dated: (Property Owner(s) to attach notary acknowledgment.) NOTES: a. Each owner as reflected on the preliminary title report must sign. b. Applicant shall submit a check or money order payable toCounty of San Diego for tees required to record this agreement. The fee is estimated at $ Approved as to form: JOHN M. KAHENY CITY ATTORNEY [H:\HOME\ENGINEER\PERMITS\SHIRLEY.AGR RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CLAUDIO ESTRADA FOR THE PAYMENT OF SEWER CONNECTION FEES AT 285 SHIRLEY STREET AND AUTHORIZING THE CITY ENGINEER TO APPROVE SAID AGREEMENT AND FUTURE SEWER CONNECTION PAYMENT AGREEMENTS FOR REMAINING RESIDENTS ON SHIRLEY STREET WHEREAS, Claudio Estrada, owner of the property at 285 Shirley Street, is desirous of connecting his residence to the public sanitary sewer system; and WHEREAS, on January 25, 2000, an informational memorandum was presented to the Chula Vista City Council to explain the outcome of meetings between Engineering staff and residents of Shirley Street in relation to connecting their residences to the newly installed public sewer main in Shirley Street; and WHEREAS, said informational memorandum outlined the payment options given to the Shirley Street residents wishing to connect to the sewer main; and WHEREAS, said payment options included a lump-sum payment of $6,290.00 or a payment plan consisting of financing for up to ten years with an interest rate of six percent; and WHEREAS, implementation of the financing option requires Property Owner to enter an agreement with the City; and WHEREAS, Property Owner has requested connection of the Property to the City's sanitary sewer system and has requested the financing option. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve an agreement with Claudio Estrada for the payment of sewer connection fees at 285 Shirley Street. BE IT FURTHER RESOLVED the City Engineer of the City of Chula Vista is hereby authorized and directed to approve said 1 agreement and future sewer connection payment agreements for remaining residents on Shirley Street. Presented by Approved as to form by Director of Public Works ~i~y Attorney h \H omeg~,ttomey\Reso/Est rada.sewer] COUNCIL AGENDA STATEMENT Item ]/~/ Meeting Date: 09/12/00 ITEM TITLE: Resolution Approving agreements between the City of Chula Vista and various community promotions groups for expenditure of City funds. Agreement with Miss Chula Vista Pageant Agreement with Gretchen Evans (Library Concerts) Agreement with U.N. Day Committee Agreement with Bonitafest SUBMITTED BY: Cheryl Fruchter, Director of Budget & Analysi~ REVIEWED BY: City Manager pO~ 4/5 Vote: Yes __ No xx The 2000/01 budget includes the funding of various community promotions organizations. The Council considered requests from these groups and the following funding was included in the FY 00-01 Adopted Budget: · Miss Chula Vista Pageant $2,000 · Gretchen Evans (Library Concerts) $1,650 · U.N. Day Committee $ 350 · Bonitafest $2,410 Agreements have been prepared between the City and each of these agencies setting out the terms and conditions for receiving City funding. RECOMMENDATION: Adopt resolution approving agreements with community promotions organizations for the expenditure of funds. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: As discussed in the budget, the City Council has always been very supportive of community promotions activities and funding has remained fairly constant over the years. The amounts approved for FY 2000/01 are the same as in the past several years. In order for the organizations to receive their funding, the attached agreements need to be executed. FISCAL IMPACT: None. There is no fiscal impact as appropriations are included in the 2000/01 Adopted Budget. Attachments: A. Miss Chula Vista Pageant Agreement B. Gretchen Evans (Library Concerts) Agreement C. U.N. Day Committee Agreement D. Bonitafest Agreement RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY PROMOTIONS GROUPS FOR EXPENDITURE OF CITY FUNDS WHEREAS, the 2000-01 budget includes funding of various Community Promotions organizations; and WHEREAS, the Council considered requests from these groups during the budget sessions and approved funding in the following amounts: · Miss Chula Vista Pageant $2,000 · Gretchen Evans Library Concerts $1,650 · U. N. Day Committee $ 350 · Bonitafest $2,410 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve agreements in a form approved by the City Attorney between the City of Chula Vista and Miss Chula Vista Pageant, Gretchen Evans Library Concerts, U. N. Day Committee and Bonitafest Committee, copies of which are 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 and directed to execute said Agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Cheryl Fruchtei J~y~ Director of Budget & Analysis Ci y~orney ~ ~ H: ~home ~ att orney\ r eeo ~ comproms AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF GRETCHEN EVANS LIBRARY CONCERTS IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into the of 2000, by and between THE CITY OF CHULA municipal corporation, hereinafter referred to as .City. GRETCHEN EVANS LIBRARY CONCERTS, hereinafter referred to "Gretchen Evans., day VISTA, a and as !'!1.:I!!~~~~:IH.t WHEREAS, the City Council of the City of Chula vista has determined that the function of the Gretchen Evans Library Concerts serves a valid public purpose, and WHEREAS, the City Council of the City of Chula vista desires to encourage the beneficial aims of the Gretchen Evans Library Concerts through appropriation of reasonable amounts of City funds, and WHEREAS, the City Council has established a policy for consideration of requests for funding by private organizations and individuals, and WHEREAS, such policy stipulates that no expenditure may be made of any appropriation awarded said organization unless an agreement has been reached between the parties setting out the terms and conditions for the expenditure of such funds. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Gretchen Evans agrees to provide a total of six library concerts, three in the fall and three in the spring of a type and caliber which meet with the advance approval of the City Manager or his designee. For these six concerts, the City will appropriate and expend $1,650.00 for same during the 2000-01 fiscal year. 2. Gretchen Evans agrees to expend City appropriated funds to meet bona fide obligations incurred in performing services related to the library concerts. 3. Gretchen Evans agrees to submit, on a yearly basis, a complete report of all expenditures and shall specifically list the purposes furthered by the City appropriated funds of $1,650 for fiscal year 2000-01. 4. That the Council of the City of Chula Vista, at its discretion, may require Gretchen Evans to provide or allow the City to undertake a complete financial audit of her records. 1 ,L/-8 5. That the term of this agreement shall be for a period of one (1) year, from 7-1-00 through 6-30-01, unless further modified to include other permitted expenditures of funds that are appropriated by the city Council. 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 GRETCHEN EVANS LIBRARY CONCERTS Mayor of the City of Chula vista Gretchen Evans ATTEST City Clerk Approved as to form by City Attorney H;\home\attorney\agree\Gretchen Evans 2 /Lf-'/ AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF THE MISS CHULA VISTA PAGEANT IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into the day of , 2000 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as ACityA, and the MISS CHULA VISTA PAGEANT, ~;!;:r!l::g22:g:rH1- WHEREAS, the City Council of the City of Chula vista has determined that the function of the Miss Chula vista Pageant serves a valid public purpose, and WHEREAS, the City Council of the City of Chula vista desires to encourage the beneficial aims of the Miss Chula vista Pageant through appropriation of reasonable amounts of City funds, and WHEREAS, the City Council has established a policy for consideration of requests for funding by private organizations and individuals, and WHEREAS, such policy stipulates that no expenditure may be made out of any appropriation awarded said organization unless an agreement has been reached between the parties setting out the terms and conditions for the expenditure of such funds. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: ~. The Miss Chula vista Pageant agrees to sponsor the AMiss Chula vistaA Contest. 2. City agrees to contribute $2,000 toward the cost of sponsoring the event. 3. The Miss Chula vista Pageant agree to expend City appropriated funds to meet bona fide obligations incurred in performing services related to the AMiss Chula vistaA Contest in fiscal year OO-O~. 4. The Miss Chula vista Pageant agrees to submit, on a yearly basis, a complete report of all expenditures and shall specifically list the purposes furthered by the City appropriated funds of $2,000 for fiscal year oo-o~. ~ liI-S 5. That the Council of the City of Chula vista at its discretion may require the Miss Chula vista pageant to provide or allow the City to undertake a complete financial audit of their records. 6. That the term of this agreement shall be for a period of one (1) year, from 7-1-00 through 6-30-01, unless further modified to include other permitted expenditures of funds that are appropriated by the City Council. 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 MISS CHULA VISTA PAGEANT Mayor of the City of Chula vista Chairman ATTEST City Clerk Approved as to form by City Attorney H:\home\attorney\agree\miss chula vista 2 /~-~ AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF THE UNITED NATIONS DAY COMMITTEE IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into this day of , 2000 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the UNITED NATIONS DAY COMMITTEE, hereinafter referred to as "Committee", ~~!~~~~~!H~ WHEREAS, the City Council of the City of Chula vista has determined that the designation of a united Nations Day Committee serves a valid public purpose, and WHEREAS, the City council of the City of Chula vista desires to encourage the beneficial aims of the united Nations Day Committee through appropriation of reasonable amounts of City funds, and WHEREAS, the City Council has established a policy for consideration of requests for funding by private organizations and individuals, and WHEREAS, such policy stipulates that no expenditure may be made out of any appropriation awarded said organizations unless an agreement has been reached between the parties setting out the terms and conditions for the expenditure of such funds. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. The united Nations Day Committee agrees to promote friendly relations between all members of different nations who come to Chula Vista, in exchange for which City will pay $350. 2. That the united Nations Day Committee agrees to expend City appropriated funds to meet bona fide obligations incurred in performing services related to the united Nations Day Program, not to exceed $350 for fiscal year 00-01. 3. The Committee agrees to submit, on a yearly basis, a complete report of all expenditures and shall specifically list the purposes furthered by the City appropriated funds of $350 for fiscal year 00-01. 1 /~-1 4. That the Council of the City of Chula vista at its discretion may require the united Nations Day Committee to provide or allow the City to undertake a complete financial audit of their records. 5. That the term of this agreement shall be for a period of one (1) year, from 7-1-00 through 6-30-01, unless further modified to include other permitted expenditures of funds . that are appropriated by the City council. 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 UNITED NATIONS DAY COMMITTEE Mayor of the City of Chula Vista Chairman ATTEST City Clerk Approved as to form by City Attorney H:\home\attorney\agree\UNdaycommittee 2 /1-g AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF THE BONITAFEST COMMITTEE IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into this day of , 2000 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as nCityn, and the . BONITAFEST COMMITTEE, hereinafter referred to as nBonitafestn, N~~~~~~~~H~ WHEREAS, the City Council of the City of Chula vista has determined that support of the Bonitafest serves a valid public purpose, and WHEREAS, the City Council of the City of Chula vista desires to encourage the beneficial aims of the Bonitafest Committee through appropriation of reasonable amounts of City funds, and WHEREAS, the City Council has established a policy for consideration of requests for funding by private organizations and individuals, and WHEREAS, such policy stipulates that no expenditure may be made out of any appropriation awarded said organizations unless an agreement has been reached between the parties setting out the terms and conditions for the expenditure of such funds. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. In the event the Bonitafest Committee conducts the annual Bonitafest Festival, the City will provide $2,410 in police and transit services to the Festival without charge and the City will waive the special event business license tax for this event. 2. That the Council of the City of Chula Vista at its discretion may require the Bonitafest Committee to provide or allow the City to undertake a complete financial audit of their records. 3. That the term of this agreement shall be for a period of one (1) year, from 7-1-00 through 6-30-01, unless further modified to include other permitted expenditures of funds that are appropriated by the City Council. 1 /4~1 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 BONITAFEST COMMITTEE Mayor of the City of Chula vista Chairman ATTEST City Clerk Approved as to form by City Attorney H:\home\attorney\Agee\BONTAFST 2 /i-/O Council Agenda Statement CHUIA VISI'A Item No /~ Meeting Date Tuesday, September 12, 2000 ITEM TITLE: Resolution Amending the Fiscal Year 2000-2001 Budget by Appropriating $62,077.42 to Administration for Recycling and Conservation Education Programs based on unanticipated revenues. SUBMITTED BY: Special Operations Manager REVIEWED BY: City Manager ~{& (4/5ths Vote Yes X No ) BACKGROUND: State Statute requires that the Department of Conservation Division of Recycling (DOC) distribute $15 million per year among cities and counties with "curbside," recycling programs. These funds are generated as a result of the Litter Reduction and Recycling Act, which placed a 2.5¢ to 5¢ deposit on beverage containers. Consumers are charged the deposit fee (the "CA Redemption Value") when they purchase beverage containers. While the deposit is collected for all but exempt containers (such as airlines) the deposit is never claimed for some containers. Funding for curbside and similar payments made to recycling centers and processors are funded primarily from the deposit on containers that are not redeemed. The City's curbside and multi-family program are both eligible for deposits refunds and those revenues are used to reduce the cost of monthly refuse rates. The annual payment received by the City is a bonus paid to curbsidc operators based on volume recycled. The Solid Waste and Recycling Franchise Agreement with Pacific/Allied Waste requires that Pacific transfer this annual bonus payment to the City to fund recycling education. The Special Operations Program approved by Council as part of the 2000/2001 budget process anticipated $48,000 from the DOC. The City has received $110,077.42 from the DOC via Pacific or $62,077.42 more than anticipated in this fiscal year's revenue projections. RECOMMENDATION: Adopt the Resolution and appropriate funds for the Recycling and Conservation Education Program under the Special Operations Program in Administration. BOARD AND COMMISION RECOMMENDATION: The City's Source Reduction and Recycling Element contains a detailed list of goals and objectives for the City's Recycling Education Program and that Element was reviewed and approved by the Resource Conservation Commission prior to submittal and approval by the State. DISCUSSION: The additional revenue from the DOC is a result of the City and Pacific's efforts to expand the collection of food and beverage containers from more homes and businesses, and the City's efforts to increase participation through public education and enforcement to reduce theft. It is also a result of the increased efforts by residents and businesses, and their response to recycling public education. Page 2 Item No 17 Meeting Date 9/12/00 in addition to the beverage container recycling program the City and Pacific have reduced recycling program charges, expanded free services, and more aggressively promoted participation in paper, cardboard and construction demolition recycling. State law mandates that the City "make a good faith effort," to divert 25% of its total adjusted annual waste stream by 1995 and 50% by the end of this calendar year. That "good faith effort" begins with implementing the Source Reduction and Recycling Element (SRRE), a ten-year plan submitted to the state in 1990 and subsequently approved by the state. The curbside, multi-family, business recycling and a number of other programs were part of the commitment the City made to the state as part of the SRRE. Staff believes that the SRRE, volume based residential trash rates and an increased focus on commercial and industrial recycling will get the City to 50% in the foreseeable future. Many of the new programs developed and implemented have not had the time to mature and become as common a practice or habit as curbside recycling has for most households. The City has also chosen to emphasize education, environmental benefits, market development, and potential savings rather than pursue enforcement and fines as a means of gaining compliance. However, a fine process does exist, and Recycling Rangers may use enforcement as a last resort to gain compliance. Program Recommendations $62,077.42 of the $110,077.42 provided by the DOC is unanticipated revenue. Staff recommends that the Conservation component of the Special Operations program use these funds to assist low-income families and small businesses to survive the impacts of the dramatic energy increases at the same time they promote increased recycling participation. To accomplish that task staff proposes to use the funds to provide energy conservation lighting and related equipment in exchange for participation in conservation audits that promote source reduction, recycling and energy conservation. A portion of the funds would be used to target up to 500 low-income families with assistance. Energy conservation is one of the quickest ways for residents to generate lasting savings in their monthly energy costs. However, many residents are not in a position to make the investment in more efficient compact fluorescents, timers and other conservation materials when they are struggling to survive the impact of higher monthly rates. At today's energy rate ($0.20.8 per kilowatt hour) a single compact fluorescent will produce energy savings of up to $120 over the life of the bulb. This program would provide up to 10 compact fluorescent lamps to each household at no cost. The lamps will last up to eight years and produce a monthly energy savings of up to $5.50. Day/night timers and other conservation devices may also be provided to produce additional savings. Staff would conduct door-to-door visits to provide households with tips regarding energy conservation and proper participation in their on-site recycling programs. In exchange for signing a pledge to participate in the City recycling program, staff would replace up to ten energy efficient lamps in each household with compact fluorescents and timers as appropriate. The lamps will be collected for disposal in the City's household hazardous waste program. Residents will see the immediate benefits in their next energy bill and will not need to replace light bulbs for several years. Page 3 Item No 17 Meeting Date 9/12/00 Staff will also check other potential energy conservation opportunities within the residence and provide residents with technical assistance and information regarding access to product rebates, rate reduction assistance and other programs that may apply to their household. The investment per household would be limited to $100. Staff will work with existing Chula Vista social service agencies and the Housing program to identify those household that are most in need of assistance. The program also proposes to provide similar assistance to up to 50 businesses in Chula Vista that have less than 10 employees. The assistance would provide timers, compact fluorescents, "T8" lighting and other energy saving devices as appropriate with a limit of $1,000 per business. Staff will visit each business to conduct a solid waste audit and make recommendations that will encourage recycling and reduce their monthly waste bill. The compact fluorescents and timers will be installed just as they are in residential properties. Licensed electricians would complete the more complicated installations. Staff has contacted the San Diego Energy Office and San Diego Gas and Electric to insure that the City's proposal would add to the benefit received by Chula Vista ratepayers, and not duplicate existing programs. Staff also contacted them to request their assistance to: 1) perform the commercial energy audits, 2) assist the City in stretching its funding to reach more residents and businesses by matching funds, contributing product, procuring product and services at a discount or any other means at its disposal, and 3) provide the SDG&E list of contractors certified to install conservation products with associated rebate programs. San Diego Gas and Electric has performed 32 residential and 7 commercial energy audits in Chula Vista since June 1,2000. SDG&E staff has said that there is about a two-month waiting period for their energy audit and assistance program at this time. Ratepayers may currently apply for and receive immediate assistance through the following programs: 1. SURF- Summer Utility Relief Fund; SDG&E stockholders have developed a fund that provides a voucher to eligible ratepayers for a one time benefit of up to 50% of their utility bill not to exceed $100. 2. The SDG&E Care Program; This program provides a 15% discount on energy bills for qualified households. There is not time limit to the benefit however households must qualify based on income and size of household. 3. Medical Base-Line Program; this program lowers the cost per kilowatt hour charged for electricity by increasing the "base line," allowance for those household in which one or more occupants are dependent medical devices that use electricity. 4. Direct Assistance Program; no cost weatherproofing, appliance services and other energy conservation measures for eligible low-income households that meet the criteria. Tenant/non- owners are eligible for the infrastructure improvements with owner approval. The general contact information to access these programs was provided by SDG&E and included on refuse bill inserts in late August that went to all Chula Vista residents that receive a bi-monthly refuse bill. Page 4 Item No 17 Meeting Date 9/12/00 SDG&E has also stated that they are seeking approval for a compact fluorescent distribution program and other programs that may target working families not eligible for the low income support and that they will work with Chula Vista to include our residents in that program. The proposed programs could be available immediately. In addition to working with SDG&E and the San Diego Energy Office, staff will work with local retailers and electrical contractors to buy goods and services from Chula Vista businesses. Staff further proposes that any of the additional funds that are not expended in the energy and solid waste audit and assistance program would fund the following solid waste source reduction and recycling priorities. Staff is recommending that the additional funds be invested in services; supplies and incentives that will help improve participation in the cities curbside, multi-family and commercial recycling and source reduction programs. Staff is also recommending that a portion of the funds be used to promote local business participation in the new Chula Vista Recycling Market Development Zone Program. Commercial and industrial generators of paper products, concrete, and yard waste have the greatest potential for contributing to the City's annual recycling rate. Staff proposes to fund pilot programs that will fund containers and collection programs for developers and major office complexes to get their recycling efforts established. Staff is also recommending that a portion of the funds be allocated to assist property managers, homeowner associations and tenant groups with public education and incentives to promote participation in their existing programs. Additionally, subject to availability of funds, staff is recommending that a portion of the funds be used to assist Chula Vista manufacturers access the low interest loans and other benefits associated with the Recycling Market Development Zone (RMDZ). The RMDZ is a state program that provides low interest loans to businesses that can use funds to increase the recycled feedstock used in the manufacture of their products or demonstrate the potential to reduce the amount of waste produced during their manufacturing process. Chula Vista was recently annexed to the San Diego RMDZ and all current or future Chula Vista businesses that can meet the state's criteria are eligible for assistance. FISCAL IMPACT: There will be no impact to the general fund. The recommended program and expenditures will be fully funded by the DOC payment, which has already been received by the City. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE BUDGET ALLOCATION FOR THE RECYCLING AND CONSERVATION EDUCATION PROGRAM BY $62,077.42 FOR FISCAL YEAR 2000/2001 AND APPROPRIATING FUNDS THEREFOR WHEREAS, State Statute requires that the Department of Conservation Division of Recycling (DOC) distribute $15 million per year among cities and counties with "curbside" recycling programs; and WHEREAS, these funds are generated as a result of the Litter Reduction and Recycling Act, which placed a 2.5 cent to 5 cent deposit on beverage containers; and WHEREAS, the City's curbside and multi-family program are both eligible for deposit refunds and those revenues are used to reduce the cost of monthly refuse rates; and WHEREAS, the annual payment received by the City is a bonus paid to curbside operators based on volume recycled; and WHEREAS, the Solid Waste and Recycling Franchise Agreement with Pacific/Allied Waste Pacific transfer this annual bonus payment to the City to fund recycling education; and WHEREAS, the Special Operations Program approved by Council as part of the 2000/2001 budget process anticipated $48,000 from the DOC; and WHEREAS, the City has received $110,077.42 from the DOC via Pacific or $62,077.42 more than anticipated in this fiscal year's revenue projections. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby increase the budget allocation for the Recycling and Conservation Education Program by $62,077.42 for Fiscal Year 2000/2001 and appropriates funds therefor under the Special Operations Program 05810-6398. 1 Presented by Approved as to form by Michael T. Meacham J~hn~. Kah<ny ~ l/ ~' Special Operations Manager C't~t°rne!~'---~ V H: ~Home\Attorney~Reso~Recycling. ed COUNCIL AGENDA STATEMENT Item /~ Meeting Date 09/12/00 ITEM TITLE: Resolution Authorizing the Mayor to execute agreements with the San Diego Unified Port District for receipt of financial assistance in the amount of $26,000 for Harbor Days, $22,500 for the "Summer Legacy" concert and $12,000 for Taste of the Arts by the Bay_ SUBMITTED BY: Deputy City Manager David Palmer~'~- REVIEWED BY: City Manager ~ ~%P/ 4/Sths Vote: Yes~ No X This spring, the City submitted a financial assistance request to the San Diego Unified Port District (Port) for partial funding of the Chula Vista Harbor Days & Tall Ship Festival, the "Summer Legacy" concert and Taste of the Arts by the Bay. The Board of Port Commissioners approved funding of $60,500 at a meeting in July 2000, and the Port requires that the City enter into formal agreements, which stipulate conditions and City requirements for receipt of the approved funding. This item executes those agreements. RECOMMENDATION: That Council adopt the resolution authorizing the Mayor to execute three agreements with the San Diego Unified Port District for receipt of financial assistance. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The City submitted financial assistance requests to the San Diego Unified Port District for co- sponsorship of the Harbor Days & Tall Ship Festival, "Summer Legacy" concert (previously referred to as "Summer Pops"), and Taste of the Arts by the Bay. Port District funding greatly enhances the scope, quality, and diversity of these events, and benefits the City and its populace by providing attractive special events that attract large numbers of people to the Bayfront. The Board of Port Commissioners approved the funding for all three events (for a total of $60,500) at a meeting in July 2000. Following approval, the Port District requires the City to enter into formal agreements which stipulate certain conditions and City requirements for receipt of the approved funding (Attachments "A-C"). The Port agreements include a General Terms and Conditions section, which contains Hold Harmless language and insurance requirements. This agreement process was instituted by the Port District in 1993, to ensure that all recipients of Port District funding were using funds for the purposes indicated on the request for funding, and to ensure that the Port District was given adequate recognition in advertising and promotions for events that are co-sponsored and partially or completely funded by the Port District. The City has entered into similar agreements in the past for Port District funding. Item No. Me,ting Date 10/06/98 The City had previously executed a contract with the Chula Vista Chamber of Commerce to produce Harbor Days (Attachment "D"). The contract stipulates funding allocated by the City during the FY 00-01 budget process as well as Port District funding It was exeeuted with the Chamber to allow the Chamber to proceed with the planning of Harbor Days and was finalized after receiving notification that the Port District Board had approved $26,000 in funding. The Port District has significantly reduced its financial grant program for the past several years, and the District expects this trend to continue with additional cuts being called for next year as well. The Port District reductions have been applied to member cities as well as outside agencies requesting funds. These reductions have decreased financial support of Chula Vista events significantly. For example, in FY94-95, the Port District helped in funding five City events for a total of $99,500. This year's total funding is $60,500 for three events. FISCAL IMPACT: The Port has approved $26,000 of financial assistance for Harbor Days, which supplements approved City funds of $12,000 for this event. In addition, the City provides a number of services and support for an estimated total in-kind contribution of more than $21,000. The Port also approved financial assistance of $22,500 for the Summer Legacy concert, held on August 27, and $12,000 for Taste of the Arts, which will be held in the Spring 2001. These Port funds of $60,500 were appropriated as part of the adopted FY2000-01 City operating budget. Attachments: "A-C" - Port Agreements - Harbor Days and Tall Ship Festival, Summer Legacy, Taste of the Arts "D" - City Contract with Chula Vista Chamber of Commerce - Harbor Days Festival C:~My Documents\Portagmtsharbordaysetal.doc Attachment "A" AGREEMENT This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, herein celled "District" and the City of Chula Vista, a municipal corporation, herein celled "Contractor." RECITALS 1. Contractor has a program known as "Harbor Days & Tall Ships Festival" ("Program"). 2.. The Program to be accomplished by Contractor contributes to a balance of District_ navigational, commercial, fisheries, reCreational and promotional programs designed to enhance the well-being of San Diego Bay tidelands. 3. The Program to be accomplished by Contractor is of such nature that the interests of District are better served by ._an agreement with Contractor than by the perforTnance of such a program by District. THE PARTIES AGREE: In consideration of the recitals and the mutual obligations of the parties as herein expressed, District and Contractor agree as follows: 1. Program: Contractor shall conduct those program activities budgeted and contained in Exhibit A, attached hereto and incorporated herein by reference as a part of this agreement. Each specific program activity shall be subject to prior approval of the District pursuant to the terms of Board of Port Commissioners Policy Number 025. 2. Contract Administrator. The Marketing & Public Relations Department of the District is designated as the Contract Administrator of this agreement and shall receive 1 and process all reports and requests for payment. All correspondence shall be sent to the following address: San Diego Unified Port District Attn:Financial Assistance Program Sheila Abrenica PostOffice Box 120488 SanDiego, CA 92112-0488 3. Term ~t: The term of this agreement shall be from July 1, 2000, through June 30, 2001. 4. General Terms and Condition.~ The General Terms and Conditions attached hereto are incorporated by reference as though fully set forth herein and by Ibis reference am made part of this agreemenL 5. Payment: District shall pay Contractor a sum not to exceed twenty six thousand dollars ($26,000.00) to be used to perform the Program activities shown in Exhibit A, subject to- obtaining prior approval from the Disfffct as provided in Section 1, above. a. No payment shall be made by District if any report (see Sections 1, 5, 8 and 9) required by this and previous agreements is not on file at the time payment is due. b. Payment shall be solely for reimbursement of expenses already paid by Contractor. Requests for reimbursement shall be submitted no more often than monthly and shall provide proof of both incurrence and payment [See Section 5.c.(2)]. Expenses must be incurred within the term of this agreement. c. Payments shall be made upon written request to the Contract Administrator. Each request shall consist of: (1) A formal request for reimbursement in the form of a letter 2 to the Contract Administrator. Only expenditures for program activities for which pdor approval from the District was obtained will be reimbursed, provided, however, the Contract Adminis;,a~or may in exceptional circumstances reimburse unforeseen expenses relating to the funded objectives of the Contractor. (2) Proof that the expenses were both incurred and paid. Proof of incurrence and payment is defined in General Terms and Conditions attached hereto. Expenses must be incurred within the {erm of this agreement. d. Final requests for payment shall be submitted within Sixty (60) days after the end of the term of this agreement. e. Payments shall not be made by District unless, and until, Contractor has provided to Contract Administrator a plan, acceptable to said Admini~b,~tor, of appropriate public recognition or credit for the finandal assistance as described herein. f. No po~on of Dis~ict funds under this agreement shall be used for the purchase of awards, trophies, prizes, gifts, uniforms, capital outlay or equipment or for the buildup of reserves. 6. Excess Costs: District shall not be held accountable or liable for any monetary losses mcun-ed as a result of conducting said program. It is agreed that District's monetary contribution is limited to that stated herein and that Disthct shall not be responsible for cash costs or support services. 7. Limits of District Responsibility: It is expressly understood and agreed that this agreement constitutes the entire agreement between Contractor and District and supersedes all pdor negotiations. In no event shall Contractor be entitled to any compensation, benefits, 3 reimbursements or ancillary services other than as expressly provided in this agmement~ No modifications or amendments of this agreement shall be valid unless duly authorized, reduced to writing and signed by the par'des hereto. 8. Re rfin R uirements: a. Contractor shall submit a Quarterly PerFormance Report, if applicable, which shall provide a quantitative indicator of the extent to which the Program activities contained in Exhibit A have been met for the immediately preceding quarter and fiscal year to date. This report form shall be provided by the Conic'act ~,dminis~ator. b. Quarterly reports shall be accompanied by copies of publicity arid advertising matedal evidencing credit to the District for its financial support. c. ContTactor shall inform Cont,'act Administrator in writing upon the resignation, retirement or discharge of its executive director or other managing agent, or a majodty change in t~e membership of the board of directors. 9. Financial Disclosure: Within Ninety (90) days after the end of Contractor's fiscal year, Contractor shall file with the Contract Administrator duly certified copies of I~ue, accurate and complete documents evidencing Conti'actor's financial status as follows: a. A statement of the expenditure of Dis~ict funds by Program activities identified in Exhibit A and compared with budgeted amounts. b. A statement of compliance with the temps of the Dis~ct's agreement. c. A statement of revenues and expenditures and a balance sheet of all funds received by the Contractor. d. If Dis~ct funding is Twenty Thousand Dollars ($20,000.00) or greater, audited financial statements, including that mentioned in a, b and c, above, must be prepared by an independent CerlJfied Public AccountanL (If Contractor receives funding from Two (2) District fiscal years dudng Contractor's fiscal year, financial disclosure shall include separate data for each District fiscal year.) 10. No Third Party Beneficiary: This agreement is made and entered into for the benefit of the District and Contractor only, and is not intended for the benefit of any third party or any other person, and no such third party or any other parson shall be a third party beneficiary to this agreement or othen~ise have the right to enforce any provisions of this agreement. 11. ~: This agreement shall not be complete nor effective until signed b~/eithe~ the Executive Director or authorized designee on behalf of the Dist~'ict and by the other party. - DATED: SAN DIEGO UNIFIED PORT DISTRICT By Senior Director, Admini$~dLive Services/Treasurer CITY OF CHULA VISTA By 5 Attachment "B" AGREEMENT This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, herein called "District" and the City of Chula Vista, a municipal corporation, herein called "Contractor." RECITALS 1. Contractor has a program known as "2000 Summer Pops" ("Program"). 2. The Program to be accomplished by Contractor contributes to a balance of District .naviga_tional, commercial, fisheries, recreational and promotional programs designed to enhance the well-being of San Diego Bay tidelands. 3. The Program to be accomplished by Contractor is of such nature that the interests of District are better served by, an agreement with Contractor than by the performance of such a program by District. THE PARTIES AGREE: In consideration of the recitals and the mutual obligations of the parties as herein expressed, District and Contractor agree as follows: 1. Pro.qram: Contractor shall conduct those program activities budgeted and contained in Exhibit A, attached hereto and incorporated herein by reference as a part of this agreement. Each specific program activity shall be subject to pdor approval of the District pursuant to the terms of Board of Port Commissioners Policy Number 025. 2. Contract Administrator: The Marketing & Public Relations Department of the District is designated as the Contract Administrator of this agreement and shall receive and process all reports and requests for payment. All correspondence shall be sent to the following address: San Diego Unified Port District Attn:Financial Assistance Program Sheila Abrenica PostOffice Box 120488 SanDiego, CA 92112-0488 3. Term of A,qreement: The term of this agreement shall be from July 1, 2000, through June 30, 2001. 4. General Terms and Conditions: The General Terms and Conditions attached hereto are incor~)orated by reference as though fully set forth herein and by this reference are made part of this agreement. 5. Payment: District shall pay Contractor a sum not to exceed twenty two thousand and five hundred dollars ($22,500.00) to be, used to perform the Program activities shown in Exhibit A, .subject to obtaining pdor approval from the District as provided in Section 1, above. a. No payment shall be made by District if any report (see Sections 1, 5, 8 and 9) required by this and previous agreements is not on file at the time payment is due. b. Payment shall be solely for reimbursement of expenses already paid by Contractor. Requests for reimbursement shall be submitted no more often than monthly and shall provide proof of both incurrence and payment [See SectJon 5.c.(2)]. Expenses must be incurred within the term of this agreement. c. Payments shall be made upon written request to the Contract Administrator. Each request shall consist of: (1) A formal request for reimbursement in the form of a letter to the Contract Adminisbator. Only expenditures for program 2 activities for which pdor approval from the District was obtained will be reimbursed, provided, however, the Contract Administrator may in exceptional circumstances reimburse unforeseen expenses relating to the funded objec~ves of the Contractor. (2) Proof that the expenses were both incurred and paid. Proof of incun'ence and payment is defined in General Terms and Conditions attached hereto. Expenses must be incun-ed within the term of this agreement. ~. Final requests for payment shall be submitted within Sixty (60) days after the end of the term of this agreement. e. Payments shall not be made by Dist~'ict unless, and until, Contractor has provided to Contract Administrator a plan, acceptable to said Administrator, of appropriate public recognition or credit for the financial assistance as described herein. f. No portion of District funds under this agreement shall be used for the purchase of awards, trophies, pdzes, gifts, uniforms, capital outlay or equipment or for the buildup of reserves. 6. Excess Costs: Dis~ct shall not be held accountable or liable for any monetary losses incurred as a result of conducting said program. It is agreed that District's monetary con~bution is limited to that stated herein and that District shall not be responsible for cash costs or support services. 7. Limits of District Responsibility: It is expressly understood and agreed that this agreement constitutes the entire agreement between Contractor and District and supersedes all pdor negotiations. In no event shall Contractor be entitled to any compensation, benefits, reimbursements or ancillary se~Mces other than as expressly provided in this agreement No 3 modifications or amendments of this agreement shall be valid unless duly authorized, reduced to writing and signed by the parties hereto. 8. ~ments: a. Contractor shall submit a Quarterly Performance Report, if applicable, which shall provide a quantitative indicator of the extent to which the Program ac'dvities contained in Exhibit A have been met for the immediately preceding quarter and fiscal year to date. This report fom~ shall be provided by Uae Contract Administrator. b. Quarterly reports shall be accompanied by copies of publicity and advertising matedal evidencing credit to the District for its financial support c. Contractor shall inform Contract Administrator in writing upon the resignation, retirement or discharge of its executive director or other managing agent, or a majority change in the membership of the board of directors. 9. Financial Disclosure: VV]thin Ninety (90) days after the end of Contractor's fiscal year, Contractor shall file with the Conb'act Administrator duly certified copies of true, accurate and complete documents evidencing Contractor's financial status as follows: a. A statement of the expenditure of District funds by Program activities identified in Exhibit A and compared with budgeted amounts. b. A statement of compliance with the terms of the District's agreement. c. A statement of revenues and expenditures and a balance sheet of all funds received by the Contractor. d. If Distdct funding is Twenty Thousand Dollars ($20,000.00) or greater, audited financial statements, including that mentioned in a, b and c, above, must be prepared by an independent Certified Public Accountant (If Contractor receives ~ 4 funding from Two (2) District fiscal years dudng Contractor's fiscal year, financial disclosure shall include separate data for each District fiscal year.) 10. No Third Party Beneficiary: This agreement is made and entered into for the benefit of the District and Contractor only, and is not intended for the benefit of any third party or any o~her person, and no such third party or any other person shall be a third party beneficiary to this agreement or otherwise have the right to enforce any provisions of this agreement 11. Si natures Re uired: This agreement shall not be complete nor effective until signed by either the Executive Director or authorized designee on behalf of the District and by the other path/. DATED: - SAN DIEGO UNIFIED PORT DISTRICT By, Senior Director, Adminisffative Services/Treasurer CI"P( OF CHULA VISTA r David :~ .~Palmer Deputy City Manager By Shirley Horton Mayor 5 Attachment "C" AGREEMENT This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, herein called "District" and the City of Chula Vista, a municipal corporation, herein called "Contractor." RECITALS 1. Contractor has a program known as "Taste of the Arts" ("Program"). 2. The Program to be accomplished by Contractor contributes to a balance of District .navigational, commercial, fisheries, recreational and promotional programs designed to enhance the well-being of S_an Diego Bay tidelands. 3. The Program to be accomplished by Contractor is of such nature that the interests of District are better served by, an agreement with Contractor than by the performance of such a program by District. THE PARTIES AGREE: In consideration of the recitals and the mutual obligations of the parties as herein expressed, District and Contractor agree as follows: 1. Program: Contractor shall conduct those program activities budgeted and contained in Exhibit A, attached hereto and incorporated herein by reference as a part of this agreement. Each specific program activity shall be subject to prior approval of the District pursuant to the terms of Board of Port Commissioners Policy Number 025. 2. Contract Administrator: The Marketing & Public Relations Department of the District is designated as the Contract Administrator of this agreement and shall receive and process all reports and requests for payment. All correspondence shall be sent to the 1 following address: San Diego Unified Port District Attn:Financial Assistance Program Sheila Abrenica PostOffice Box 120488 SanDiego, CA 92112-0488 3. Term of Agreement: The term of this agreement shall be from July 1, 2000, through ,June 30, 2001. 4. General Terms and Conditions: The General Terms and Conditions attached hereto are incorporated by reference as though fully set forth herein and by this reference are made part of this agreement. 5. ..Payment: District shatl pay Contractor a sum not to exceed twelve thousand dollars ($12,000.00) to be used to perform the Program activities shown in Exhibit A, subject to obtair~ing pdor approval from the Distiict as provided in Section 1, above. a. No payment shall be made by District if any report (see Sections 1, 5, 8 and 9) required by this and previous agreements is not on file at the time payment is due. b. Payment shall be solely for reimbursement of expenses already paid by Contractor. Requests for reimbursement shall be submitted no more often than monthly and shall provide proof of both incurrence and payment [See Sec'don 5.c.(2)]. Expenses must be incurred within the term of this agreement. c. Payments shall be made upon written request to the Contract Administrator. Each request shall consist of: (1) A formal request for reimbursement in the form of a letter to the Contract Administrator. Only expenditures for program 2 activities for which pdor approval from the District was obtained will be reimbursed, provided, however, the Contract Administrator may in exceptional circumstances reimburse unforeseen expenses relating to the funded objectives of the Contractor. (2) Proof that the expenses were both incurred and paid. Proof of incurrence and payment is defined in General Terms and Conditions attached hereto. Expenses must be incurred within the term of this agreement. 8. Final requests for payment shall be submitted within Sixty (60) days after the end of the term of this agreement. e. Payments shall not be made by District unless, and until, Contractor has provided to Contract Administrator a plum, acceptable to said Administrator, of appropriate public recognition or credit for the finandal assistance as described herein. f. No portion of Distdct funds under this agreement shall be used for the purchase of awards, trophies, pdzes, gifts, uniforms, capital outlay or equipment or for the buildup of reserves. 6. Excess Costs: District shall not be held accountable or liable for any monetary losses incurred as a result of conducting said program. It is agreed that District's monetary contribution is limited to that stated herein and that District shall not be responsible for cash costs or support services. 7. Limits of District Responsibility: It is expressly understood and agreed that this agreement constitutes the entire agreement between Contractor and Distdct and supersedes all pdor negotiations. In no event shall Contractor be entitled to any compensation, benefits, reimbursements or ancillary services other than as expressly provided in this agreement. No 3 modifications or amendments of this agreement shall be valid unless duly authorized, reduced to w'iting and signed by the parties hereto. 8. ~u_i_rements: a. Contractor shall submit a Quarterly Performance Report, if applicable, which shall provide a quantitative indicator of the extent to which the Program activities contained in Exhibit A have been met for the immediately preceding quarter and fiscal year to date. This report form shall be provided by the Contract Administrator. b. Quarterly reports shall be accompanied by copies of publicity and advertising matedat evidencing credit to the District for its financial support. c. Contractor shall inform Contract Administrator in writing upon the resignation, retirement or discharge of its executive director or other managing agent, or a majodty change in the membership of the board of directors: 9. Financial Disclosure: Within Ninety (90) days after the end of Contractor's fiscal year, Contractor shall file with the Contract Administrator duly certified copies of true, accurate and complete documents evidencing Contractor's financial status as follows: a. A statement of the expenditure of District funds by Program activities identified in Exhibit A and compared with budgeted amounts. b. A statement of compliance with the terms of the District's agreement. c. A statement of revenues and expenditures and a balance sheet of all funds received by the Contractor. d. If Distdct funding is Twenty Thousand Dollars ($20,000.00) or greater, audited finandal statements, including that mentioned in a, b and c, above, must be prepared by an independent Certified Public Accountant. (If Contractor receives 4 funding from Two (2) Distdct fiscal years dudng Contractor's fiscal year, financial disclosure shall include separate data for each District fiscal year.) 10. No Third Party Beneficiary: This agreement is made and entered into for the benefit of the District and Contractor only, and is not intended for the benefit of any third party or any ot~er person, and no such third party or any other person shall be a third party beneficiapj to this agreement or otherwise have the dght to enforce any provisions of this agreement. 11. Si~tures Re~: This agreement shall not be complete nor effective untJl signed by either the Executive Director or authorized designee on behalf of the District and by the other pa~ty. DATED: - SAN DIEGO UNIFIED PORT DISTRICT By Senior Director, Administrative Services/Treasurer CITY OF CHULA VISTA David Deputy City Manager By_ Shirley Horton Mayor 5 ATTACHMENT "D" AGREEMEN~r SETTING OUT Tile TERMS Ad~D OBLIGATIONS OF THE CHULA VISTA C}tAMBER OF COMMERCE FOR ~ ItARBOR DAYS FESTIVAL IN REGARD TO Tll2E EXPENDITURE OF CITY FUNDS APPROPRL4.TED THIS AGREEMENT, made and entered into the 30m day of July, 2000, by and between the CITY OF CHULA VISTA, a mun/cipal corporation, hereinafter referred to as "City", and the CHULA VISTA CHAMBER OF COMMERCE for the HARBOR DAYS FESTfVAL, hereinafter referred to as "Chamber"; WlrIEREAS, the Chamber is the primary organiTJ~l- of the HARBOR DAYS FESTIYAL, a special event promoting Chula Vista Harbor, to be conducted in the City of Chula Vista on Sepmmber 16 and 17, 2000, and WH~EREAS, both the City and the Chamber will benefit from the media exposure attendant the Festival. and WFIEREAS, the City of Chula Vista des[res to encourage the beneficial aims of the I~AaX~BOR DAYS FESTIVAL through appropriation of reasonable amounts of City funds, and WHEREAS, the City of Chula Vista has established a policy for consideration of requests for funding by private organizations &nd indixdduals, and Wl:IEREAS, such policy stipulates that no expenditure may be made out of an>, appropriation awarded said o~anizafion unless an agr~ eemeut has been reached between the parries setting out the terms and conditions for the expenditure of such funds. NOW TlqEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as £ollows: 1. The organi?~tion 'known as the CItULA VISTA CHAMBER OF COM2M]ZRCE/lULaxRBOR DAYS FESTIVAL agrees to produce the Fourteenth Annual Chula Vista Harbor Days and Tall Skip Festival including free-to-the-public musical entertainment, tall ship tours and related actix4fies for the two-day-long event. 2. The CHULA VISTA CHAMBER OF COMMERCE/HARBOR DAYS FESTIVAL agrees to expend City appropriated funds to meet bona fide obligations incurred in performing services related to participation for the Harbor Days and Tall Skip Festival, in an amount not to exceed $12,000, in fiscal year '00-01. The Chamber further agrees that an additional $26,000 w/Il be expended only on Harbor Day activities once the City receives official notification from the San Diego Unified Port District that it has appropriated $26,000 in FY '00-01 to co~sponsor this event. All of these funds shall be used only for Harbor Days expenses and may not be transferred to other accounts. 3. The Chamber agrees to list the City and Port District as co-sponsors of the Harbor Days Festival and publicize the City and Port in all releases and fliers, print advertising, programs and information sheets. 4. The Chamber agrees to submit, within 60 days following the evenl, a complete report of all expenditures and shall specifically list the purposes furthered by the City-appropriated funds of $12,000'and Port~appropriated funds of $26,000 for fiscal year '00-01. 5. That the City of Chula Vista, at its discretion, may require the CIIAMBER OF COMMERCF_JIE4RBOR DAYS FESTIVAL to provide or allow the City to undertake a complete financial audit of their records. 6. That the t~m of this Agreement ~hall be for a period of one (1) year, fxom 7/30/00 through 6/30/01, unless further modified to include other permitted expenditures of funds that are appropriated by the City of Chula Vista. 7. The Chamber a~ees to indemnify and hold harmless the City against and from any and all damages in property or injuries to or death of any person, or persons, including employe~s or agents of the City, and shall defend, indemnify and hold harmless the City, and its officers, a~ents and employees fi.om any and al/claim~, demands, suits, actions or proceedings of any kind o~ n~mre of or by anyone whomsoever in any way resulting fi-om or arising out of the negligent or intentional acts, errors or omissions of Chamber, or any of its officers, agents or employees relating to the event. 8. The Chamber shall throughout the duration of this Agreement maintain comprehensive general liability insurance covering all operations hereunder of Chamber, its agents and employees with minimum coverage of one million dollars ($1,000,000). Evidence of such cowerage, in the form ora certificate of insurance and poh?y endorsement which names the CiD' as additional immred, shall be submitted to the City Manager s Office, 276 Fourth Avenue, Chula Vistz~ California 91910, on or before September 8, 2000. 9. Chamber hereby agrees to abide by alt of the term~ and conditions set forth by the San Diego Unified Port District ("Port") for the Chula Vista Harbor Days & Tall Ship Festival, which conditions are incorporated herein by reference as if set forth in full. IN V~rlTNESS WHEREOF, the parties hereto have caused this A~eemen! to be executed the day and year first hereinabove set forth. TIlE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE/ H.AJ~OR DAYS FESTIVAL Ci~ Manager Cham~JCEO Cham-Xb~d~oard President Approved as to form by Ci RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE IN THE AMOUNT OF $26,000 FOR HARBOR DAYS, $22,500 FOR THE "SUMMER LEGACY" CONCERT AIqD $12,000 FOR THE TASTE OF THE ARTS BY THE BAY WHEREAS, this Spring, the City submitted a financial assistance request to the San Diego Unified Port District (Port) for partial funding of the Chula Visa Harbor Days & Tall Ship Festival, the "Summer Legacy" concert and Taste of the Arts by the Bay; and WHEREAS, the Board of Port Commissioners approved funding of $60,500 at a meeting in July 2000; and WHEREAS, the Port requires that the City enter into formal agreements, which stipulate conditions and City requirements for receipt of the approved funding. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve agreements with the San Diego Unified Port District for receipt of financial assistance in the amount of $26,000 for Harbor Days, $22,500 for the "Summer Legacy" concert and $12,000 for Taste of the Arts by the Bay, copies 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 and directed to execute said agreements on behalf of the City of Chula Vista. Presented by Approved as to form by David Palmer ~ty M. Kaheny Deputy City Manager Attorney H: [Home[Attorney\Reso\Port Petra Barajas AUGusT d~ 'J.OOD .... ....-. _ _ _u__G~OD D EVENllI.L{L- f-IlDJES.ANPb'E/JJ71E/l1E iliA /l/P.__.._ -~~~~=Ijj::~:n~~r ~;ilbVJT:S=r9NDLJ)~1El1f/1MyP{{1~f -';ZZ'ig ___.____::1: RESi D~ /fT':2b[;-:./f-C!ft'/!..~Il,fi/C', __________ H__._. 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Eaton A YSO Coach 236 Surrey Drive Bonita, CA 91902 Dear Mr. Eaton: I would like to address and reply to the issues you raised in your letter dated September 1, 2000. First, the soccer scrimmage ran 15 minutes past the designated ending time (6:00 p.m.). You and another coach were notified of the time, since the adult teams would be starting at 6:30 p.m. and the field needed to be prepped for their game. One coach and official involved in another scrimmage complied, and when you were notified your response was one of noncompliance, which included the use of profanity toward staff. At that point the official presiding over your scrimmage closed the game. Second, even though there were children on the field, the driver (Paul Madrazo) was very cognizant of the children's location when operating the field tractor. Under no time or circumstances were the children endangered by the tractor. Third, adherence to allotted game time must be observed. Last Thursday Principal Recreation Manager Cox again observed your failure to comply with the 6:00 p.m. time frame. Your failure to comply will be addressed at the next Sport Council meeting. In conclusion, the actions taken by City employees regarding this incident were within the bounds of assigned tasks and proper procedures and policy were followed. Sincerely, &O-J-)?-<?~o..-~a/ David D Rowlands, Jr. T- City Manager cc: Mayor and Council Andy Campbell, Director of Parks and Recreation 276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691.5031' FAX (619) 409.5664 '!, l><>.,.C"".ume' A..:yc..d p..., 09,122000 TeE 16:15 FAX ~002 Maurice A. Eaton 236 Surrey Drive Ron!r., CA 91902 (619) 475-4957 Mr, David D, Rowlands, City Manager City ofChula Vista 276 FoU!th Avenu~ Chula Vista, CA 91910 September I, 2000 Re: CITY EMLOYEE ENDANGERING CHILDREN Dear Me Rowlands: 00-()~- - "-'-C~)t-O~;'j] F? :.:,' ~,; On Thursday August 31, 2000 at approximately 6:10 p.m. an employee of the City of Chula Vista druv~ a motorized vehicle onto a crowded field at D-iscovery Park where 21 twelve and thirteen year old children were actively playing soccer. This employee works [or your parks and recreation department his name is Paul Madrazo), After driving his vehicle through the field on which the two teams were playing soccer, Mr. Madr~o rudely demanded that we vacate the field because an adults softball game was starting at 6:30 p,m, I took immediate exception to Mr, \iladrazo's action 01' driving his vehicl~ across the field on which hoth the A YSO soccer team whid1 I coach, and another A YSO coach's team were playing. I informed Mr, Madrazo that his actions were not at all safe. and that in doing so he endangered the lives and safety of those children present, No citv cmDlovce sho\lld endan\!er the lives of children, I cannot possibly stress enough how fundamentally wrong Mr, Madrazo's actions were; all it takes is one child to unfortunately get Mr. Madrazo's way, W11at would the city say to that child's parents. or more likely to their attomey') Th i, kind of thoughtless behavior by a city employee cannot be tolerated, 1 have already contacted [he Chula Vista police department to actively pW"sue any applicable child endangerment charges against Mr. Madrazo, I am asking that you personally remedy this incident, and that this employee is appropriately reprimanded by his supervisor, and that you inm1Cdiatcly make Sure that this kind of reckless and unsafe behavior by a city employee cannot be tolerated, Thanking you for your prompt attention, !I~!(k Resident and ^ YSO Region 11 (\ Boys U-14 Coach cc: Mr, Richard Emerson, Chief of Pulice City ofChula Vista ~x-19- \ e.:> ' '0'i\) {JJ' @I~ , ,~. 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(l) ~ ~ 9' ~ t::t 0- 0 M ......... ~. (l) PJ en ~. 0 0 :::i (l) tS :::i :::i 0- CITY COUNCIL AGENDA STATEMENT Item: ! r~ Meeting Date: 9/12/00 ITEM TITLE: Public Hearing: PCA-01-01; Proposal to amend the Municipal Code (Title 19) regarding Design Review Committee membership, scope of responsibilities, and procedures - City initiated. Ordinance No. of the City Council of the City of Chula Vista modifying Sections 19.14.581, 19.14.582, 19.14.583, 19.14.584, and 19.14.587 of the Municipal Code, and adding Section 19.14.591 to the Municipal Code, regarding Design Review Committee membership, scope of responsibilities, and procedures. SUBMITTED BY: Director of Planning and Building REVIEWED BY: City Manager On June 13, 2000 the City Council directed staff to process amendments to the Zoning Ordinance addressing the design review process. Staff has prepared the requested Code amendments and is now taking the modified zoning language forward for review and approval. The modified Code language addresses Design Review Committee membership, scope of responsibilities and procedures. All proposed amendments have been written to carry out the Council's intent of further improving the design review process. The City's Environmental Review Coordinator has determined that the proposed Zoning Code amendment is exempt from environmental review as a procedural amendment under the General Rule Exemption Section 15061(b)(3) of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the City Council adopt the attached ordinance amending the Zoning Code with regard to Design Review Committee membership, scope of responsibilities and procedures. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a Public Hearing on August 9, 2000 and voted unanimously to recommend approval of the attached amendments of the Zoning Code regarding design review. DISCUSSION: On January 20, 2000 the City Council conducted a workshop on the Design Review Committee/process. At the conclusion of the workshop the Council directed staff to return with Iq-'/ Page 3, Item Meeting Date 9/12/00 two options: 1) a proposal for a design review process without a Design Review Committee, and 2) a proposal to revamp and improve upon the existing design review process. At their meeting of June 13, 2000 the City Council reviewed the options for a process without a formal Design Review Committee, as well as options for improvements to the existing (committee) process. After considering the wxious options presented, the Council directed staff to make improvements to the existing process in three basic ways: l) Have the Design Review Committee adopt procedural policies. This task was completed on July 31, 2000 (see Attachment "C"). 2) Meet with representatives of the development community, the Chamber of Commerce, and the Design Review Committee, in order to identify any inconsistencies or concerns. This meeting was held on September 8, 2000, the results qf which will be presented to the City Council in a fi~rthcoming memorandum. 3) Amend the Municipal Code regarding design review. With regard to Item No. 3 above, staffwas directed by the City Council to process an amendment to the Zoning Code regarding Design Review Committee membership, scope of responsibilities, and procedures to address the following items: 1) The Code should further clarify the purpose, role and responsibilities of the Design Review Committee. 2) The existing Code states that persons qualified for membership shall include Architects, Landscape Architects, Land Planners, apartment builders, and "citizens who have demonstrated genuine interest in the community and a sensitivity to good design". The City Council recomanended that Code be amended to require the above qualifications rather than state that these individuals are "among those qualified for membership." In addition, the category of "apartment builder" should be replaced with "developer". 3) The Code should clearly state that the scope of responsibility of the Design Review Committee is limited to review of site plans, landscaping, and exterior design of buildings. In addition, the Code should state that in reviewing a residential project, the DRC should consider the cost/benefits of any recommended improvement as reported by the applicant. This is particularly important for affordable housing proposals. Page 3, Item Meeting Date 9/12/00 4) In order to expedite the decision-making process, appeals of decisions of the Design Review Committee shall be made directly to either the City Council or the Planning Commission. The applicant would have the choice of which body would hear the appeal of a DRC decision. 5) If a project is scheduled for a meeting of the Design Review Committee for final approval, and a quorum is not available for the scheduled meeting, the applicant may choose to have the matter considered by the DRC at its next meeting, may request a special DRC meeting to consider the matter, or may request that the matter be referred directly to the City Council (at no cost) at its next available meeting (subject to public noticing requirements) for action. 6) Any action by the DRC to continue a project shall only be done with the concurrence of the applicant. If the project is denied an explanation of the reasons for denial shall be provided. CONCLUSION: Staff has drafted changes to the Design Review portion of the Zoning Code that reflect the above noted items for the City Council's review and approval. Staff recommends that the City Council adopt the attached ordinance modifying the Design Review Section of the Zoning Code. FISCAL IMPACT: None. Attachments: Attachment"A" Planning Commission resolution and minutes Attachment"B" City Council staffreport from June 13, 2000 Attachment"C" Memo to Design Review Board H:\l~ome\planning\stcvexp\pca0101 .ccrptll RESOLUTION NO. PCA-01-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTIONS 19.14.581, 19.14.582, 19.14.583, 19.14.584, AND 19.14.587 OF THE MUNICIPAL CODE, AND ADDING SECTION 19.14.591 TO THE MUNICIPAL CODE, REGARDING DESIGN REVIEW COMMITTEE MEMBERSHIP, SCOPE OF RESPONSIBILITIES, AND PROCEDURES. WHEREAS, the City of Chula Vista Design Review Committee is responsible for reviewing all significant development within the City; and, WHEREAS, the Design Review permitting process has an appreciable positive impact upon the quality of development within the City of Chula Vista; and, WHEREAS, it is necessary from time to time to modify the Design Review process within the City in order to help improve project permitting; and WHEREAS, the City Council has determined it necessary at this time to further define and clarify Design Review Committee membership, scope of responsibilities, and procedures; and, WHEREAS, amendments to the Design Review Committee process within the Zoning Code must be heard by the Planning Commission; and, WHEREAS, the Planning Commission set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely August 9, 2000, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission found the proposal, as a procedural amendment, is exempt from the California Environmental Quality Act (CEQA) under the General Rule exemption section 15061 (b)(3). NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends that the City Council adopt an ordinance amending Sections 19.14.581, 19.14.582, 19.14.583, 19.14.584, 19.14.587 of the Municipal Code, and adding Section 19.14.591 to the Municipal Code, regarding Design Review Committee membership, scope of responsibilities, and procedures, as shown in Attachment "A." BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 9th day of August, 2000, by the following vote, to-wit: AYES: Thomas, Castaneda, Hall, Willett, Cortes, O'Neill NOES: ABSENT: McCann ABSTENTIONS: Robert Thomas, Chairman Diana Vargas Secretary to Planning Commission H:HOME/PLANNING/STEVEXP/PCAO I O I .PCRESO Planning Commission Minutes - ? - August 8, 2000 6. PUBLIC HEARING: PCA-01-01; Proposal to amend the Municipal Code (Title 19) regarding Design Review Committee membership, scope of responsibilities and procedures. City initiated. Background: Steve Power, Associate Planner reported that on Jan uary 20, 2000 the City Council conducted a workshop on the Design Review Committee/process and directed staffto return with a proposal for a design review process without a Design Review Committee, as well as a proposal to revamp and improve upon the existing design review process. On June 13, 2000 the City Council reviewed staff's analysis of DRC activities over the past two years, options for a process without a formal committee, as well as options for improvement to the existing process. After consideration of the various options, Council directed staff to make improvements to the existing process and to amend portions of the Municipal Code to reflect the changes to the process. The changes to the Municipal Code address the purpose, role and scope of responsibility of the Committee, what constitutes membership, and the appeals and continuance process. Mr. Sandoval, Assistant Planning Director stated the recommended changes are as a result of a collective effort between the Design Review Committee, the Building Industry Association, and the Chula Vista Chamber of Commerce. Mr. Sandoval further stated that although the proposal addresses responsibilities under the purview of the Design Review Committee, State law requires that amendments to the Municipal Code require an advisory vote from the Planning Commission. Staff Recommendation: That the Planning Commission approve the resolution recommending that the City Council adopt an ordinance in order to modify Sections 19.14.581, 19.14.582, 19.14.583, 19.14.584, and 19.14.587 of the Municipal Code and add Section 19.41.591 to the Municipal Code regarding Design Review. Commission Discussion: Commissioner O'Neill inquired if the residency requirement had been removed. Ms. Hull, Deputy City Attorney stated that presently there still is the residency requirement, however, Council has directed staff to place on the November ballot a proposal to remove the residency requirement only for those boards and commissions that have regional impact, i.e., the Nature Interpretive Center Board and the Library Board of Trustees. Commissioner Cortes asked for clarification on the proposed language under the Design Review Committee Appeal Process and the reasoning behind giving the applicant a choice to file an appeal directly to the Planning Commission or the City Council. Mr. Sandoval responded that presently an applicant can appeal a DRC decision to the Planning Commission, and then they can appeal the Planning Commission decision to the City Council. The building community felt that in some cases they would rather eliminate a double appeal and be able to go directly to the City Council. Planning Commission Minutes - 8 - August 8, 2000 Chair Thomas asked why, then, would an applicant want to go to the Planning Commission instead of directly to the City Council. Mr. Sandoval responded that depending on the nature of the project, the applicant may choose to appeal to the Planning Commission because of the Commission's expertise in land use issues and experience in reviewing master planned projects. MSC (Willett~O'Neill) (6-0-0-0)that the Planning Commission approve the resolution recommending that the City Council adopt an ordinance in order to modify Sections 19.14.581, 19.14.582, 19.14.583, 19.14.584, and 19.14.587 of the Municipal Code and add Section 19.41.591 to the Municipal Code regarding Design Review. Motion carried. COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 6/13/00 ITEM TITLE: Design Review Committee/Process BY: Director of Plannlng and Building/~ SUBMITTED REVIEWED BY: City Mansger (4/Sths Vote: Yes No X .) On Jan, tory 20, 2000, the City Council conducted a workshop on: the Design Review Committee/Process. At the conclusion of the workshop CoUncil directed staff to return with the following: 1. A proposal for a design review process without,an appointed'Design Review Committee; and 2. A proposal to revamp and improve the existing Design Review Committee process. The City Council also requested that staff return with additional specific information about the existing design review process. RECOMMENDATION: That the City Council accept the report and provide direction to staff regarding the preferred method of Design Review and the proposal to change the name of the Design Review Committee to Design Review Commission. BOARDS/COMMiSSION RECOMMENDATION: The current discussion of the design review process was initiated when a request was made by the Design Review Committee to change from a committee to a commission (see attachment A). The Design Review Corarcdttee continues to request the name change. DISCUSSION: As previously noted, this item was initiated by the Design Review Committee's desire to have their name changed tO Design Review Commission. The City Council at that time expressed support for the name change, but also directed staff to set the matter of the overall Design Review Committee/Process for a workshop discussion. The workshop was held on January 20, 2000. At that time staff provided a history of the Design Review process in the City of Chula Vista, explained concerns that had been earlier stato~ by the Building Industry Association (BIA), and discussed changes which had been made to improve the process over the past twelve months. ATTACHMENT ' ~" Page 2, Item No.: Meeting Date: 6/13/00 Representatives from the development community and the Chamber of Commerce expressed their concerns about the existing process at the workshop. Their main concern was time delays due to the lack of a quorum and due to continuances. Based upon the issues raised by the various speakers, as well as their own concerns, the City Council directed staff to address several questions, including membership criteria for the Design Review Committee and "tightening up~/clarification of the design standards. Based upon the various speakers' comments, the City Council also had concerns with project delays. At the conclusion of the workshop staff was directed to do the following: 1. Develop an alternative for a Design Review process without an appointed Design Review Conm',ittee; 2. Develop an alternative which would retain and improve the existing Design Review Committee process; and 3. Provide additional specific information about the existing design review process. The specific information requested by City Council pertain~ to the number of times in the past year that a meeting had to be cancelled due to the lack of quorum, the total number of times projects were continued, and reasons for those continuances. Staff conducted an analysis (see attachment B) of the projects which were reviewed by the Design Review Committee in both the 1998 and 1999 calendar, years. Overall fifty-six projects were reviewed, and all were approved. The following table shows the number of projects reviewed/continued over the two-year period. No. of Projects I No. Approved INo. Continued% Covtlm~ed [199s :7 i :7 !12 40 !1999 29 I 29 7 22 It should be noted that of the 18 cases continued over the two-year period, 8 or 44 percent of the projects were actually conditionally approved at the first hearing with only a specific item or two (i.e. signage or landscape elements) requiring further review by the DRC. In 1998, of the 11 projects continued, 4 or 36 percent received conditional approval at the first hearing. This improved in 1999, with only 7 projects being continued, and 4 or 57 percent receiving conditional approval at the first hearing. Conditional approval alloWs projects to proceed with Building Permit plan check, which either eliminates or greatly reduces any actual delays in the total development process. In the two year period of the 56 projects, the 11 which required substantial enough changes that they were not outright approved or conditionally approved at the first meeting, received final DRC approval an average of 3 weeks later. Page 3, Item No.: Meeting Date: 6/13/00 The Design Review Committee failed to have a quorum on two occasions (3.5 % of the time) over the past two years. This occurred once in 1998 and once in 1999. ALTERNATIVES Eliminate Design Review Committee Process If the City Council were to eliminate the Design Review Committee and have design review become strictly an adminislrative function, there are two basic options: 1. Planning staff could perform the design review function as they currently do for projects which do not meet the threshold for Design Review Committee analyses. The benefit of this approach is that it could result in a minor reduction in processing time (i.e. approximately one week) The negative aspect of tiffs approach in that there are no licensed architects on staff so the emphasis of analyses would be based primarily upon site plan review, not architectural review. Also this approach would elLminate the diversity of opinion, which is now received from a committee that includes three architects, an urban designer, and a contractor. 2. The city could h~ze a licensed staff architect who would be qualified to do both the site plan and architectural review. The benefit of this approach is the minor reduction in processing time, and as opposed to option 1 above, professional architectural review would occur. The negative aspects of this approach similar to option 1 above would be the lack of diversi~, of opinion. The cost of the administrative review by a licensed staff architect would be approximately $90,000 per year (salary and benefits). This cost would likely be paid for thr. ough developer deposit accounts. Relain Design Review Committee If the City Council determines that the Design Review Committee process should be continued, staff would recommend several changes (beyond those already made the past calendar year, see AUachment C) to address the concerns expressed at the workshop. Since the City Council workshop, staff has worked closely with the Building Industry Association in an effort to address their concerns. Staff hah also met with Rod Davis, Executive Director of the Chula Vista Chamber of Commerce and Patricia Agnilar, I%:: .. , q' ,tO Page 4, Item No.: Meeting Date: 6/13/00 Chairperson of the Design Review Committee. The following course of ac;ion is the product of the discussions with the BIA, the Chamber of Commerce and the Design Review Committee Chair: 1. Within 60 days, staff will process an amendment to the Municipal Code regarding Design Review Committee membership, scope of responsibilities, and procedures, addressing the following: a. Clarification of the purpose, role .and responsibilities of the Design Review Committee. b. The existing Code, states that persons qualified for membership shall include Architects, Landscape Architects, Land Planners, apartment builders, and "citizens who have demonstrated genuine interest in the commulfity and a sensitivity to good design". Staff would recommend that the Code be amended to require the above make-up rather than state that these indivith~al~ are "among those qualified for membership'~ In addition, the category of ,aPartment builder'~ should be replaced with "developer". c. The Code should clearly state that the scope of responsibility of the Design Review Committee is limited to review of site plans, landscaping, and exterior design of buildings. In addition, the Code should state that in reviewing a residential project, the DRC should consider the cost/benefits of any recommended improvement as reported by the applicant. This is particularly important for affordable housing proposals. d. In order to expedite the decision-making process, appeals of decisions of the Desien Review Committee shall be made directly to the City Council, rather than to the Planning Commission, and then to r_he CiD, Council. e. If a project is scheduled for a meeting of the Design Review Committee for £mal approval, and a quorum is not available for the scheduled meeting, the applicant may choose to have the matter considered by the DRC at ils next meeting, may request a special DRC meeting to consider the mauer, or may request that the manner be referred directly to the City Council (at no cost) at its next available meeting (subject to public noticing requirements) for action. f. Any action by the DRC to continue a project shall only be done with the concurrence of the applicant. If the project is denied an explanation of the reasons for denial shall be provided. 2. Within 60 days, staff will meet with the Design Review Committee, as well as with a "focus group" including representatives from the Chamber of Commerce and Building Industry Association, to review the City Municipal Code, Citywide Design Review Page 5, Item No.: Meeting Date: 6/13/00 Guidelines, and design guidelines for individual master planned communities, and identify inconsistencies and ambiguities w~thin and among these various guidelines and regulations. In addition the focus group and the Design Review Commille~ will discuss the appropriate thresholds for staff vs. Design Review Committee review of projects. Within 120 days, staff will return to The City Council with a report snrnrnarizing file results of that review, and setting forth a work program to eliminate major inconsistencies and ambiguities during the subsequent six,month period. As part of this review, staff will specifically address provisions in the Design Review Guidelines dealing with "sma!l lot single-family detached housing," and recommend mean~ by which consistency between these guidelines and those of individual ma~ter planned communities can be obtained. 3. Within 60 days, staff will work with the DRC to establish tlm following procedures: a. If a project.preseated to the Design Review Committee:Iaaa rainor issues still to be resolved (that cannot be deferred to staff), a sub-commi~ oftbe~DRC members will be utilized to speed np the process by being readily available Once the applicant has made the requested changes. b. When projects receive slzong support from a majority of the Design Review committee members through the prellmin~ry review process, this support will be reiterated by staff both in the written report and verbally when the item is presented for formal review. This information will be communicated clearly to those members of the CommiCw~e who were not in attendance at the preliminary review. c. If an item is continued with the applicant's concurrence to address one or more specific design issues, no conditions will be added except as uecessarv to address the issues for which the item was continued. Continued items will receive prioriw status on the Design Review Calendar. 4. Staff will work with committee members (if necessar37) to make adjustments to furare meeting dates to insure maximum auendance. Staff will also note any muJtiple absences. The Municipal Code (section 19.14.586) states "If a member is absent ~ithout cause for three consecutive meetings, the office becomes automatically vacant". 5. Within one year of adoption of this report, staff will provide to the City Council a report reviewing the status of changes proposed herein, and evaluating the overall effectiveness and efficiency of the design review process at that time. Page 6, Item No.: Meeting Date: 6/13/00 FISCAL IMPACT: If the City Council determines to cominue the existing process with the recommended im~nrovements, there would be no additional long-term costs. Implementation of the recommended improvements (i.e. amending the Zoning Cede and Design Guidelines to provide clarity and reconcile incousisteneies) would have short-term costs, which could be estimated for inclusion in the 2000-2001 FY Budget. If the Council chooses to hire a staff licensed Architect to conduct Design Review, the cost would be approximately $90,000 per year (salary and benefits); these costs would likely be offset by development processing fees. Attachments 1. Letter fi-om Patrieia Agttilar, Design Review Committee Chair 2. Analysis of 1998 and 1999 Design Review Committee Actiolls 3. Developmeat Review Major Process lmp~ rovements 4. Design Review Approval Authority ~I:~IOM~PL3d, ININGUim~DRC Ag~'nda Stamm~nt.~oc DRAFT EXCERPT OR.AL COMMUNICATIONS Da~Sd Fredricksen, 3042 Via Papeete, San Diego, cungrat~,l~ted orE?niT, rs and participants oftbe Omy Valley Regional Park Clean-Up Project and asked the City to install g~_*_~ with a maqer lock system to allow emergency access in order to prevent the dh,,,ping of trash in a eum~h/ptus forest near I-g05. Mayor Hortonmspona~d that the request would be rtqixred to the Otay Valley Regional Park Ron Boshun, 3944 West Point Loma Boulevard, San Diego, asked the Council to investigate the alleged miqx~,~,,x~t oftbe USO by the San Diego Port District. Mayor Horton responded that the rn~--er would be forwarded to Port Commissioner Malcolm PUBLIC HEARINGS AND REI.4TED RESOLUTIONS AND ORDINANC~.~: 8. PUBLIC HEARING ON PCA-00-01 TO CONSIDER AN-'ORDINANCE AMENDING SECTION 19.14.581 OF THE MUNICIPAL CODE AND DIRECTING THE CITY CLERK TO CONFORM ALL OTFIE. R APPLICABLE SECTIONS OF THE MUNICIPAL CODE TO REFI.~.CT A CHANGE IN ~ NAME OF TI-IE DESIGN REVIEW COMMITTEE TO THE DESIGN REVIEW COMMISSION ORDINANCE AMENDING SECTION 19.14.581 OF THE MUNIC1]PAL CODE AND DZRECT/NG THE CITY CLERK TO CONFORM ALL OTI~R APPLICABLE SECTIONS OF ~ MUNIC1]PAL CODE TO REFLECT A CHANGE IN THE NAME OF THE DESIGN REVIEW COMMITTEE TO THE, DESIGN REVIEW COMMISSION (FIRST READING) The Design Review Co,, ,,,,;;~ee (DRC) has submitted a request to have ks name charmed to the Design_ Review Commi~ion. The proposed narr,~ change is intended lo better convex, the DRC's level ofres-ponm'bilit7 to project applicants. Notice of the h~-~frLg was ~b,,en in aaaorda.uae ~515 legal requirements, and the hem-lng was h:id on me aate and at the time specified in the notice. Direr_or of Piarmina ami Bufldin~ Leiter stated that'== =..-. ..... ~ ~_, .= ..,~ . ~. ~ m~ proposm Iv~yor Horton opaqued the public hearing ~ asked ffa~yone from the audience wished to spealc Patricia Aguilar, Chair ofthe Design~ Review Committee, explained, the request to the Council. There being no one else wishing to speak, Mayor Horton cbsed the lae~iug. Mayor Horton suggested Ibm the muttex be reram~ ba~k to stafffor a xerport and theal soh~hll~ for discussion at a workshop. Coun¢ilmember Moot suggested th.* the Coun~ approve the nam~ change at this time and ~ schedule fllrther discllssion at a regular nleeting ~ schedule a special workshop. ACTION: Mayor Horton moved Io continue the item to a workr~op lo be held on October 26, 1999. Counm'lmember Padflla seconded the motion, and it canied 4-1, with Counc~3member Moot opposing. .-. P~e 4- Council ]VTmutes / ~7 - ,'/~ 10/19/99 ~ ATTACHMENT 1 crlY OF CHUIA VISTA PLANNING AND BUILDING DEPARTMENT Date: September ]4, ]999 To: Mayor Horton and Members of the ChuIa Vista City Council From: Patricia Aguilar, Chairman/~ Design Review Committee (~I~C) ! ne purpose of £uis memorandum is to request 5'our consideration of renaming flue Desian Review Committee to Design Review Commission. ~ As you are aware, some of the Counoil's appoimed advisory bodies are called "commiesion." wh/le ofluers are called "con-malice". Our understanding is that this is a his~urical artifact and no diffem, mze in function or responsibility level is/replied by the two different fides. AlfluOuah we have no objection to zhe name "comm~iuee," we have noticed tho ~roject applicants and arc'/toots *.hat come before DRC for approval of their ~roject designs oSen do not fully appreciate flue res~onsibilities or ~'~ ~ . ' ~ ~ ~,. Lh~u~h ~-nese res>~ns.'.b:lities ace exma:ned to ,n~m 5-. ~cv~'~''~ DV ~2_~-. ~gasons for ~£ ~ DroDa~:v vmnz5. DUi we r)elJeve thai nkis sim ]e name zha_no~ will We project appticanus a clearer oicm_-s or,he Lmportance thai the CiD, of Chu!a Vista places on flue physical ap~arance of om eon-~mu~ni9,. We a?preciare yom- consideration of*his requem and look fo?ward m answering rmy question you ma)' have on dxis ma~er. /?-/5 2_0" 276 FOURTH AVENUE · CHULA VISTA ,, CALIFORNIA 9!910 ATTACI~VIENT 2 ATTACHMENT 3 DEVELOP]~ENT RE~rJ[EW 5L6JOR PROCESS [M-PROVEM2ENTS In the past ~welve months, the following improvements were made: 1. Pre-application Conference When an applicant tur~ in a brief(half-page) project description and a set of very basic plane by Tuesday, he will be scheduled for a "Pre-Application Conference" on that same Friday. The pre-app is an~ded by represenlatives from all of the development services departments/functions. The applicant is provided input on the feasibility of the project, likely conditions wh/ch may be requ/red and other concerns including Design Review. 2. Subm/ttal Requiremem~ Application forms have-all been revised £or clarity and to ellrnlna~'a the need for redandant in:f'orm a'/'i on. 3. Preliminary Desitin Review We are strongly encouraging applicants to receive a "preliminary" review by the Desi_ma Review Committee before they bring the item for formal action. This enables the applicam to receive an inrlication as to whether or not they are on the "right-track'; before they expend additional time and money to 5ualiTe their plans. 4. Standards of Review A new report format has been used for the last few months wl~ch clearly lists the applicable standard or re~m~lation and eK~lains how the project either complies or does We believe +.hat tt~s provides clem- ~uidance to the Design Rev/ew Committee on what their dme.wninafion should be based on. If the developer relies on the applicable standards and re=re, clarions (which are avaSable at the pub/lc coumer and tl~'-u the pre- application conference) when they desi~.gn their project there is a greater chance of receiving approval. 5. Staff Continuity Previously one slaff planner would handle the Planning Commission aspects of a development proposal and another would write the staffreport which went to the Design Review Committee. We are now uSliziug a process which has the same Individual responsible for the project (and available to provide assistance to the developer) thro ~ughout the entire review process. H: ~I OMLm'PJ-ANN1N Gb~nntBIA ~.d~ ATTACHMENT 4 Design Review Approval Authority Following is a list of project m.'pes which are either approved on an Administrative basis by the Zoning Adminktrator or by the Design Review Committee: Zoning Admiaistl-ator Projects approved by the Zoning Adminiswator are typically minor in nature and include the following: · Sign~ (except electronic message board signs). · Commercial, industrial or institutional additions wkich constitutes less than a 50 percent increase in floor area or 20,000 sq. ft., whichever is less. · Residential projects of four units or less. · Commercial, indumrial or institutional proje.~ with a total floor area of 20,000 square fe~-t or less when in a ~eommunilX with its own design _miidelines. Des'~lgn Review Committee: · Estabtishrnem. loca~ion, expansion or alteration ofu~es"s~-umures in all R-3 zones. · Establishment, location,, ex'p~neion or alteration of uses/structures in all industrial ZoIIeS. · Establishment, location, expansion or alteration of usea/sn'ucrures in alt commercial ZOI]eS. · Dex,dopment or redevelopment Lq any Redeve]ovmem Project Azea Boundary. ~s c~e DRC ~s f~e reco~mend~n~ body zo f~e R~evdo~mem Agency. · In ~e Momgomeo, ~"em e~blisb_~ent location, e>:o~-elon or ~teradon of m~fi- f~y dwei~g ~. ~e p~j~, com~ci~ pr~iec~ ~d ~d~ prq~ec~. · .~ appe~s ~ed on by ~e Zo~g lC-'a CHULA VISTA Department of Planning and Building DATE: July 31, 2000 TO: The Design Review Committee FROM: James D. Sandoval, AICP, Assistant Plarming Director SUBJECT: Formalization of Design Review procedures. On January 20, 2000 the City Council conducted a workshop on the Design Review Committee/process. At the conclusion of the workshop the Council directed staff to return with two proposals: 1) a proposal for a design review process without an appointed Design Review Committee; 2) a proposal to revamp and improve upon the existing design review process. The Council also directed staff to perform an analysis of such aspects of the design review process as the number of times a meeting had to be cancelled due to the lack ora quorum, the total number of times projects were continued, as well as the reasons for those continuances. At their meeting of June 13, 2000 the City Council considered staff's findings regarding the design review process within Chula Vista, and decided that the City would be best served with a Design Review Committee in place. On June 13th the Council directed staff to amend the Design Review portion of the Municipal Code, in order to help facilitate the DRC process. Staff has previously provided DRC members with the Council's direction regarding this matter for review and comment. Staff now is taking modified Code language addressing the design review process to the Planning Commission and the City Council in the near future for adoption. The direction was also given to staff to work with the DRC for the purpose of establishing procedures designed to streamline the project review process. Specifically, staff was directed by the Council to work with the DRC to establish the procedures noted below. The procedures have been developed with the input of the DRC and represent a formalization of some of the current practices of the DRC (and staff). a. If a project presented to the Design Review Committee has minor issues still to be resolved (that cannot be deferred to staff), a sub-committee of the DRC members will be utilized to speed up the process by being readily available once the applicant has made the requested changes. b. When projects receive strong support from a majority of the Design Review committee members through the preliminary review process, this support will be reiterated by staff both in the written report and verbally when the item is presented for formal review. This information will be communicated clearly to those members of the Committee who were not in attendance at the preliminary review. / ri . ~,,t0 ATTACHMENT "~i,,~" Memo to the Design Review Committee July 31, 2000 Page 2 c. If an item is continued with the applicant's concurrence to address one or more specific design issues, no conditions will be added except as necessary to address the issues for which the item was continued. Continued items will receive priority status on the Design Review Calendar. d. Staff will work with committee members (if necessary) to make adjustments to future meeting dates to insure maximum attendance. Staff will also note any multiple absences. The Municipal Code (Section 19.14.586) states "If a member is absent without cause for three consecutive meetings, the office becomes automatically vacant". Staff is supportive of the above referenced procedural items and is of the opinion that their formal adoption by the DRC will help facilitate the project review process. The adoption of the procedures would not represent a significant change in the current operation of the DRC since they merely formalize some of the current practices of the DRC and staff: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS 19.14.581, 19.14.582, 19.14.583, 19.14.584, AND 19.14.587 OF THE MUNICIPAL CODE, AND ADDING SECTION 19.14.591 TO THE MUNICIPAL CODE REGARDING DESIGN REVIEW COMMITTEE MEMBERSHIP, SCOPE OF RESPONSIBILITIES, AND PROCEDURES. WHEREAS, the City of Chula Vista Design Review Committee is responsible for reviewing all significant development within the City; and, WHEREAS, the Design Review permitting process has an appreciable positive impact upon the quality of development within the City of Chula Vista; and, WHEREAS, it is necessary from time to time to modify the Design Review process within the City in order to help improve project permitting; and WHEREAS, the City Council finds it necessary at this time to further define and clarify Design Review Committee membership, scope of responsibilities, and procedures; and, WHEREAS, on August 9, 2000 the Planning Commission voted 6-0, recommending that the City Council approve the Zoning Code text amendments regarding design review; and WHEREAS, the City Council set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely September 12, 2000, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, WHEREAS, the City Council found the proposal, as a procedural amendment, is exempt from the California Environmental Quality Act (CEQA) under the General Rule exemption section 15061 (b)(3). NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, resolve, and ordain as follows: SECTION I: That Sections 19.14.581, 19.14.582, 19.14.583, 19.14.584, 19.14.587 of the Municipal Code be amended to read as shown in Exhibit "A," and that Section 19.14.591 be added to the Municipal Code to read as shown in Exhibit Page 2 SECTION II. That the City Council hereby finds that the text amendment will enhance the health, safety, and welfare of the citizens of Chula Vista, is consistent with the General Plan, and is supported by public necessity, convenience, general welfare and good zoning practice. Presented by, Approved as to form by, Robert A. Leiter, AICP Jgfin Kahney, {,,/ Director of Planning ,~ity Attorney H:home/planning/stevexp/PCA0101 .CCreso Page 3 EXHIBIT "A" 19.14.581 Design review committee-Creation. In order to relieve the planning commission of certain routine functions necessary to the proper administration of this chapter, to intensify this municipality's efforts to improve its townscape, and to promote the orderly growth and amenity of the city and environs, there is established a design review committee with such authority as is granted by this chapter. The design review committee's purpose is to ensure that development within the City of Chula Vista is orderly, of a high quality, and consistent with City-approved design guidelines. 19.14.582 Design review committee-Duties and responsibilities, A. The design review committee shall review plans for the establishment, location, expansion or alteration of uses or structures in all R-3 zones, all commercial and industrial zones, and development and redevelopment within redevelopment project area boundaries and shall approve, conditionally approve or deny such plans, except when projects are within the boundaries of a redevelopment project, in which case the committee shall recommend approval, conditional approval or denial to the redevelopment agency of the city. The committee shall render decisions on minor proposals as defined in Agency Resolution No. 71. B. The design review committee shall also review plans for the establishment, location, expansion or alteration of multiple family dwelling uses, major use permits, commercial, or industrial projects or structures located within the 1985 Montgomery annexation area, and governed by Chapter 19.70 of this ordinance. C. The responsibility of the design review committee shall be limited to the review of site plans, landscaping, and the exterior design of buildings, for consistency with City-approved design guidelines. In reviewing a residential project, the DRC shall consider the costs/benefits of any recommended improvement as reported by the applicant. CD. The design review committee shall review all appeals filed to contest sign design rulings of the zoning administrator. ll:homc/planning/stcvexp/PCAO 10I .CCreso t ~, Page 4 DE. The design review committee shall base its findings and actions upon the provisions of the effected design manuals of the city. BF. The design review committee shall prepare and adopt operational procedures, bylaws and business forms. FG. The design review committee shall submit annual reports on its operations to the city planning commission and redevelopment agency. GH. The fee for a hearing before the design review committee is the required fee(s). HI. The zoning administrator has the discretion, with the concurrence of the applicant, to act in the place of the design review committee in the case of minor projects, including signs, commercial, industrial or institutional additions which constitute less than a fifty percent increase in floor area or twenty thousand square feet, whichever is less, and residential projects of four units or less. The zoning administrator may also act in the place of the design review committee in the case of new commercial, industrial or institutional projects with a total floor area of twenty thousand square feet or less when such projects are located within a planned community area with its own design guidelines and design review process. A decision of the zoning administrator may be appealed to the design review committee in the same manner as set forth in Section 19.14.583. The fee for zoning administrator design review shall be the required fee(s). (Ord 2603 §2, 1994; 0rd 2506 §1 (part), 1992; 0rd 2365 §2, 1990; Ord 2350 §1, 1990; Ord 2309A §4, 1989; Ord 2142 §1 (part), 1986; Ord 2036 {}1 (part), 1983; Ord 1961 §1 (part), 1982; Ord 1893 {}1 (part), 1980; Ord 1771 {}3 (part), 1977). 19.14.583 Design review committee-Appeal procedure. A. Except on decisions involving the redevelopment projects, the applicant or other interested persons may file an appeal from the decision of the design review committee to the planning commission or city council within ten working days after the decision is filed with the city clerk. The applicant has the choice of filing an appeal from the design review committee directly to either the planning commission or city council. The appeal shall be in writing and filed in triplicate with the planning department on forms prescribed for the It:homc/planning/stevexp/PCA0101 .CCreso Page 5 appeal, and shall specify therein the argument against the decision of the design review committee. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the planning commission or city council. All appeals regarding projects within redevelopment projects shall be filed with the director of community development and forwarded to the agency. B. Upon the hearing of such appeal, the planning commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the design review committee. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. C. The decision of the planning commission may be appealed to the city council in the same manner as set forth in this section for appeals to the planning commission. (Ord 2036 §1 (part), 1983; Ord 1994 §1, 1982; Ord 1771 §3 (part), 1977). 19.14.584 Design review committee-Membership qualification. A. The design review committee shall consist of five members appointed by the majority vote of the council. The membership shall be comprised of persons sensitive to design consideration and interested intownscape matters. Persons qualified for membership shallincludc be limited to architects, landscape architects, land planners, developers, and other design professionals with suitable experience apartment ~-":"~ ..... '~ ~*~'^' ^:*; ....... ~^ ~' .... '~ ..... ~v~,~ ~ B. All members should be familiar with and able to read and interpret architectural drawings, and be able to judge the effect of a proposed project, structure or sign upon the surrounding neighborhood and community. (Ord 1771 §3 (part), 1977). 19.14.586 Design review committee-Removal or vacancy. Any member of the design review committee may be removed by a majority vote of the city council. A vacancy shall be filled in the same manner as an original appointment and the person filling the vacancy shall serve for the remainder of the removed member's unexpired term. If a member is absent without cause from three consecutive regular meetings, the office H:home/phmning/stevexp/PCAOlOI,CCreso / 7.. ~ 3 Page 6 becomes automatically vacant. A member is not absent without cause if the absence is due to illness, business or vacation. (Ord 1771 {}3 (part), 1977). 19.14.587 Design review committee-Quorum. A. Three members shall constitute a quorum. Action by the design review committee requires a majority vote of the quorum. (Ord 1771 §3 (part), 1977). B. If a project is scheduled for a meeting of the Design Review Committee for final approval, and a quorum is not available for the scheduled meeting, the applicant may choose to have the matter considered by the DRC at its next meeting, may request a special DRC meeting to consider the matter, or may reciuest that the DRC application be referred directly to the City Council (at no cost to the applicant) at its next available meeting ('subject to public noticing requirements) for action. 19.14.588 Design review committee-Schedule of meetings. The design review committee shall meet at least twice each month. Special meetings may be held in accordance with provisions of the government code of the state. The meetings shall not be held on any legal holiday. (Ord 1771 §3 (part), 1977). 19.14.589 Design review committee-Election of officers. At the first regularly scheduled meeting of the design review committee, and on each July thereafter, the members shall elect a chairman and vice-chairman from among its members to serve a term of one year, and until the successor of each takes office. (Ord 1771 §3 (part), 1977). 19.14.590 Fees for appeals and requested actions before the planning commission and zoning administrator. For all appeals from actions of the planning commission, zoning administrator or any appeal filed pursuant to Chapter 19.12 or 19.14, the fee shall be the required fee(s). In addition, any request for action by the planning commission not specifically covered within the fee structure established by this chapter shall be subject to the required fee(s) therefore. (Ord 2506 §1 (part), 1992; Ord 2011 §1 (part), 1982; Ord 1813 §2, 1978). H:homc/planning/stevexp/PCAO 101 .CCrcso Page 7 19.58.591 Continuance of project. Any action by the DRC to continue a project shall be done with the concurrence of the applicant. If the applicant does not agree to a continuance of the project the Design Review Committee shall render a decision. If the project is denied an explanation of the reasons for denial shall be provided. 19.14.600 Design review approval-Time limit for implementation-Extensions. Design review approval will be conditioned on the plan being implemented within one year after the effective approval date thereof. Implementation of the plan would include completion of construction or substantial expenditures of money by the property owner preparatory to construction. If there has been a lapse of work for three months after commencement, the approved plans shall be void. The design review committee or the zoning administrator may grant an extension of time for a currently valid plan upon appeal of the property owner provided that there has been no material change of circumstances since the original grant of approval which would be injurious to the neighborhood or otherwise detrimental to the public welfare. The application for an extension of time shall be accompanied by the Required Fee(s). (Ord 2506 §1 (part), 1992; Ord 2309A §1, 1989). H:home/p[anning/stcvexp/PCA0101 .CCreso COUNCIL AGENDA STATEMENT Item: Meeting Date 09/12/00 ITEM TITLE: Report: Update on the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan (4/5ths Vote: Yes No X _) SUBMITTED BY: Director of Planning and Building/~/ REVIEWED BY: City Manager ~5 ~'~ The Multiple Species Conservation Program (MSCP) is a comprehensive, long term habitat conservation plan which addresses the needs of multiple species and the preservation of natural vegetation communities in South San Diego County. The Subarea Plan for the City of Chula Vista is the policy document through which the South County program is implemented locally. The Subarea Plan will form the basis for federal and state permits to allow development where impacts to sensitive species habitat could occur. City of Chula Vista staff have responded to a variety of issues identified by the Wildlife Agencies. A revised Draft Subarea Plan will be brought forward to Council for adoption in October. This report provides Council with an update on activities undertaken to complete the plan, future steps to be taken, and issues being addressed. RECOMMENDATION: That the City Council accept the MSCP Update Report. BOARDS/COMMISSIONS RECOMMENDATION: A briefing is scheduled for the Resource Conservation Commission on September 11, 2000. Recommendations will be presented to Council at its joint public hearing with the Planning Commission scheduled for October. DISCUSSION: Background On August 19, 1999, a City Council workshop was held to review the status of the City's MSCP Subarea Plan. At that time, Planning and Building Department staff reviewed the principles of a draft Subarea Plan which had been forwarded to the Wildlife Agencies (US Fish and Wildlife Service and California Department ofFish and Game) for review. Page 2, Item: Meeting Date: 09/12/00 Subsequent to the Council workshop, Planning and Building Department staff and consultant have been working with staff from the Wildlife Agencies, as well as other MSCP "stakeholders," to complete a final draft Plan. During this time a number of milestones have occurred. In September, 1999 the City received written comments from the Wildlife Agencies on the City's Draft Subarea Plan. After subsequent revisions to the plan and various meetings with the Agencies to resolve issues, a revised Draft Subarea Plan was issued for public review and comment on February 16, 2000. After receipt of several letters of comment, including a joint letter from the Wildlife Agencies, staff prepared responses and amended the draft where appropriate. The City then sponsored a two-day retreat on June 22 and 23 with the Wildlife Agencies to expedite the resolution of a number of major outstanding policy issues. The retreat was attended by key City management staff, Wildlife Agency staff, representatives from the development community, and environmental interest groups. Each major policy issue was discussed until agreement was reached. Issues The following is a synopsis of the major issues resolved with the Wildlife Agencies and incorporated in the latest Draft Subarea Plan. a. Plan Implementation Covered Projects The Chula Vista MSCP Subarea Plan will be implemented principally through "hard-line" project plans. Several large-scale projects are named as "Covered Projects" and will meet MSCP goals through existing or future SPA's and related project documents. These include: Sunbow II Rancho Del Rey (SPA III) Rolling Hills Ranch (Salt Creek Ranch) - conditionally covered Bella Lago conditionally covered Otay Ranch San Miguel Ranch - upon annexation Coverage for these projects is based on the assured dedication (through a conservation open space easement and/or fee title) of the open space related to each Covered Project, implementation of project-specific mitigation programs, and implementation of preserve management described in the Subarea Plan. Implementing Ordinances In addition to implementing the plans and conditions of Covered Projects, the City has committed to adopting amendments to the City grading ordinance prior to issuance of Take authorization. Restrictions on clearing and grubbing will either be incorporated into the revised grading ordinance, or a separate clearing and grubbing ordinance will be adopted to Page 3, Item: Meeting Date: 09/12/00 include regulations on cleating and grubbing of sensitive biological resources. Amending the grading ordinance will ensure that all projects, both within and outside of Covered Project areas, will comply with the requirements of the Subarea Plan. Two new ordinances will also be required to be adopted prior to issuance of Take Authority; a Habitat Loss and Incidental Take Ordinance (HLIT) and Cattle Grazing Abatement Ordinance. The HLIT Ordinance will establish mitigation standards and regulate development projects located outside of Covered Projects, which may have an impact on Covered Species and sensitive habitat. The Cattle Grazing Abatement Ordinance will implement the Otay Ranch Range Management Plan. b. University Site A University Site redesign will be incorporated into the Subarea Plan that meets key consistency requirements with the MSCP Subregional Plan previously adopted by the City and County of San Diego. The University redesign meets three critical objectives: · the redesign adds approximately 50 acres for University development east of Salt Creek Canyon · the redesign does not result in any new significant environmental impacts · the redesign offers equivalent or better biological value, and · the redesign is consistent with the objectives of Policy Option 2, as described in the MSCP Subregional Plan EiR/EIS The University site redesign provides for equal or better preserve design and biological function of the MSCP Preserve by improving conservation through the addition of 92.4 acres of habitat and by providing two significant additional wildlife movement features. By meeting the objectives noted above, the redesign provides additional benefits to conservation and meets the requirements of the MSCP Subregional Plan for adjustments to the boundary of the Multiple Habitat Planning Area (MHPA) under the "Like or Equivalent" exchange concept. It should be noted that the University Site redesign eliminates a proposed road through Salt Creek Canyon which would have connected the western and eastern parcels. This proposed road raised major concerns by the Wildlife Agencies and environmental groups, and staff agreed to its removal in order to reach resolution on a number of other critical issues related to infrastructure in the Otay Ranch preserve. Staff is convinced that there remain alternative access points to the eastern parcel to allow it to function adequately as part of the overall University Site. c. Special Protections for Narrow Endemic Species The South Bay area includes specific geographic and climatological conditions that support species with limited habitat ranges. The draft Subarea Plan provides for special protections Page 4, Item: Meeting Date: 09/12/00 for these species, referred to as "narrow endemic species," through conditional coverage requirements for Rolling Hills Ranch and Bella Lago, and through the requirement for establishment of an Otay Tarplant Preserve on San Miguel Ranch. Nonetheless, the Wildlife Agencies have indicated through their comments that narrow endemic species require additional measures to ensure that their long-term viability is maintained. At the retreat, agreement between Agencies staff and City staff was roached on the following principles for additional protections to narrow endemic species. Development Areas Development areas within covered projects are authorized for Take of covered habitats and species, including narrow endemic species, by the Subarea Plan. Development areas located outside of Covered Projects will be required to limit impacts to covered narrow endemic species to 20% of the project area, except as expressly authorized by the Wildlife Agencies pursuant to the Subarea Plan. Preserve Areas Impacts to covered narrow endemic species throughout the Preserve will be limited to 5%, except as expressly authorized by the Wildlife Agencies pursuant to the Subarea Plan. d. Infrastructure The City of Chula Vista has been particularly thoughtful in its effort to plan for the inevitable growth that will occur in this part of the region. The City spent many years in a cooperative plarming effort with the County, directing urban development into areas adjacent to existing public infrastructure, to avoid "leap-frog" development, and creating more compact, urban patterns which allows for conservation of larger, inter-connected habitat areas. Having accomplished this planning goal, City staff was concerned that the comments received by the Wildlife Agencies on its Subarea Plan would preclude the ability of the City to insure the extension of the public infrastructure necessary to these communities, which have been planned and designed to support the acquisition and management of the Preserve. At the retreat agreement was reached on designations of Planned Facilities vs. Future Facilities, and an annotated list for the Planned Facilities was reviewed and accepted. Planned Facilities will be permitted fully through Take Authorization pursuant to the Plan, subject only to narrow endemic species restrictions with/n the Preserve. Impacts to covered species and habitats from Future Facilities will be limited to 2 acres per project, and a cumulative 50 acres, as well as narrow endemic species impact restrictions. e. Otay Valley Regional Park/Active Recreation Areas City staff was concerned that the comments fi:om the Wildlife Agencies staff with regard to the active recreation areas designated for the Otay Valley Regional Park would preclude development of these areas as viable recreation sites. The City and Agencies have agreed to work cooperatively together to determine the final configuration for development of the active recreation areas in the Otay River Valley. The overall acreage to be developed for Page 5, Item: Meeting Date: 09/12/00 active recreation uses, now stated within the Plan as 246 acres, will not be reduced. If configuration of the sites must be adjusted to avoid covered narrow endemic species and/or habitat, the overall acreage may be increased to the equivalent of the 246 acres in order to insure the City's ability to develop the intended uses, including playing fields and other recreational facilities. f. Boundary Adjustments The MSCP Subregional Plan provides that boundary adjustments to the Preserve may be made without amendment of a Subarea Plan, if certain equivalency findings can be made. Such findings are to be made by the City and must have concurrence by the Wildlife Agencies. Experiences with boundary adjustments in other local jurisdictions which have been brought to our attention, raised concern that the Agencies have not discriminated between mapping refinements and legitimate boundary adjustments, making concurrence to even the smallest of mapping changes an arduous process. At the retreat, Agencies' staff and City staff agreed upon language that differentiates between "mapping conflicts" and "boundary adjustments," and on a process for notifying the Wildlife Agencies. g. National Wildlife Refuge The Agencies' staff and City staff have agreed to language, to be incorporated into the Subarea Plan text, that will enable the City to fully support the transfer of certain Preserve land, located east of Otay Reservoir, into the USFWS San Diego National Wildlife Refuge. The language will provide that prior to transfer of lands to the USFWS, any easements required to insure construction of infrastructure and trails necessary to support development designated by the City and/or County General Plan will be specifically incorporated into related transfer documents. h. Preserve Management Studies City staff has agreed to undertake two special studies related to preserve management: a baseline biological survey for the City's central preserve, and completion of the Otay Valley Management Study discussed with Council at the August 19, 1999 MSCP workshop. The primary purpose of both studies will be to define biological management "functional units" for these two preserve areas, and to determine on which species and/or habitats the management in a particular biological functional unit will focus. i. Preserve Funding Assembly of the Chula Vista Preserve does not rely on public acquisition of private property. The Preserve system will be acquired through the entitlement process and/or pursuant to agreements between landowners and Wildlife Agencies. If land acquisition funding does become available, the City may elect to acquire land to add to the Preserve. Management of the Preserve will be funded through various sources. The MSCP Page 6, Item: Meeting Date: 09/12/00 Subregional Plan estimates an average per acre management cost of $50 (year 2000 dollars), adjusted annually for inflation. Consistent with the Implementing Agreements (contractual agreements granting take permit authority) of the County and City of San Diego, the Chula Vista Implementing Agreement will commit the City to management activities in the Preserve not-to-exceed $50/acre. Additional management activities may be undertaken by the City, and staff has committed that the City will seek other funding to augment this budget. Such additional funding may include grants, support of a regional Preserve Management funding program, or other resources not known of at this time. Schedule for Plan Adoption and Issuance of Take Authority The Draft Subarea Plan has been rewritten to reflect the above points of agreement. A Draft Implementing Agreement (IA) has been completed by the City Attorney, and a draft Addendum to the MSCP EIR/EIS has been completed by the Planning Department. An application for a USFWS 10(a)l (b) permit has also been prepared, and will be forwarded to the Agencies with the Plan, IA and Addendum. The following outlines staff's understanding of the remainder of the process that will lead to the issuance of Take permit authority from the Wildlife Agencies to the City: September, 2000 Submittal of final Plan, IA, Addendum and application for Take permit authority to the Wildlife Agencies October 17, 2000 Joint Planning Commission/City Council hearing to consider adoption of the final Subarea Plan and Addendum October- City Attorney negotiation with USFWS Solicitor re: Implementing November 2000 Agreement. Preparation of Draft Findings and Biological Opinion by USFWS staff. November- Publication of Federal Register Notice (30 day comment period) December 2000 January 2001 Issuance of Take Authority to City FISCAL IMPACT: None at this time. Fiscal impacts will be addressed when the Plan is forwarded for Council action. Attachment: MSCP Subarea Plan Map H:\HOME\PLANNING\DUANE\AGENDA statement update 9q2.DOC) COUNCIL AGENDA STATEMENT Item ~(3~ Meeting Date 9/12/00 ITEM TITLE: Resolution Accepting bids and awarding all contracts listed on Exhibit "A", for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard, authorizing the expenditure of funds, and authorizing the City Manager to execute said contracts Resolution Modifying Council Policy Number 574-01 by giving the City Manager approval authority at higher financial levels on change orders SUBMITTED BY: Director of Public Works REVIEWED BY: CityManager'~ ~)5/~/ (4/5ths Vote: Yes__ No~ On July 18, 2000 the City Council approved ResMlution 2000-245 approving an agreement with Highland Partnership, Inc. ("Highland") for the provision of Construction Manager/Constructor (CMC) services required for the construction of the Corporation Yard project, with the City taking on the role traditionally performed by the General Contractor. On August 15, 2000 the City Council approved Resolution 2000-297 appropriating $23,951,213.00 in additional project funds and approximately $13,400,000.00 for borrowing costs on the new Corporation Yard Project. Approval of the first resolution will accept the bids and award 36 contracts covering 47 trades covering most of the trade work associated with the construction of the Corporation Yard project. It is Staffs intent to come back before the City Council in October with a resolution accepting and awarding all the remaining bids. Approval of the second resolution will modify Council Policy 574-01 on change orders giving the City Manager approval authority at higher financial levels for this project only. RECOMMENDATIONS: 1 - That Council accept bids and award all contracts listed on Exhibit "A', for the renovation and expansion work associated ~vith the future Public Works Operations Facility and Corporation Yard, authorize the expenditure of funds, and authorize the City Manager to execute said contracts. 2- That Council modify Council Policy Number 574-01 for this project by allowing the City Manager to authorize Change Orders up to $50,000 per single change order and $250,000 as the maxiarum aggregate for cumulative change orders. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. 1 I- I Page 2, Item: __ Meeting Date: 9/12/00 DISCUSSION: Project Description: The Corporation Yard project involves the renovation, and expansion of an existing facility that the City intends to use as its future Public Works Operations Facility and Corporation Yard. The existing facility, which was purchased from San Diego Gas and Electric Company, consists of an administrative office building, warehouse building and vehicle maintenance building located on a 25-acre site. The site also contains a fueling island, employee and visitor parking areas, and yard areas for vehicle parking and equipment. Following its renovation, the facility will house the Public Works Department/Operations Division Administration, Wastewater Maintenance, Streets, Traffic, Vehicle Maintenance, Building Maintenance, Construction Inspection, Survey, Parks Operations/Open Space, Communications and Central Stores function. Additionally, other City functions will utilize the facility, such as Engineering, Transit and Planning (Building Inspection and Plan Check). The project will include the following primary facilities: n Administration Building: modification of existing 31,100 SF single story building to accommodate administrative and office needs of Corporation Yard and addition of 11,200 SF of new space. n Renovate existing warehouse: modify existing 14,200 SF single story building by adding a mezzanine level and subdividing the building to serve various divisions. Shops Building: add 16,800 SF single story to existing Shops Building. Warehouse: convert existing 11,400 SF single story garage building into a warehouse for the Central Stores Division of Purchasing by removing designated equipment and making minor renovations. Maintenance Building: construct new 42,100 SF single story large vehicle repair facility with mezzanine space for storage. Fueling island: construct 5,670 SF single story building and service canopy for refueling islands. CNO Fueling Facility: includes compressors and storage. Vehicle/Bus wash: construct 3,400 SF single story building and service canopy for washing transit buses. c~ Public CNG fueling re'ea. n Household Hazardous Waste drop-off area. The project also includes landscaping, grading, paving, utility and site improvements to the adjacent property and building additions. Design and Construction Management: Over the past two years, staff has been working with RNL Design to prepare an updated Corporation Yard Master Plan, schematic design drawings, construction drawings, and related items necessary for Page 3, Item: __ Meeting Date: 9/12/00 the construction of the needed improvements. On July 18, 2000, Council approved an agreement with Highland for the provision of CMC services, and the preliminary work to review the construction documents for determining the appropriate bid packages, and for managing/administering the bidding and construction phases. The agreement requires Highland to bid the specialty contractor work in multiple bid packages, and assume the administration, and implementation of the specialty trade work. All bidding, procurement and purchasing must be done in accordance with the Chula Vista Municipal Code and the City Charter. Highland has completed the first phase of the bid process and made recommendations for the award of the bids listed on Exhibit "A" to the specialty trade contractors. By passing this resolution, the City Council approves the award of the contracts to the specialty trade contractors for the performance of the trade work. The agreement assigned the responsibility for contract management and payment processing to Highland. Highland will administer the timely completion of the work and the execution of the contracts and will be responsible for ensuring compliance with the construction documents for all work performed by the specialty trade contractor. Groundbreaking is CUlTently scheduled for September 28, 2000. Bid and Award Process: In preparation for the August 24 Public Bid Opening for the project, Highland sent out Invitation to Bids to over 780 Specialty Contractors in addition to an advertisement soliciting bids in The Daily Transcript starting on July 24, 2000 and the Star News starting on August 4, 2000. The advertisement ran for fifteen days in the Daily Transcript. Plans, Specifications and Instructions to Bidders were also distributed to six selected Plan Rooms (centers that advertise and distribute plans and specifications to General Contractors) throughout the area. Four of Highland's staff members followed up the Invitations to Bid with telephonic solicitations and confirmation over a four-week period. As a direct result, one hundred thirty-nine sets of plans and specifications were distributed to potential bidders. On bid day (August 24, 2000) we received one hundred fifty-two individual bids for sixty-five bid packages. The sealed bids were opened at 4:00 p.m. at Highland's offices in Chula Vista. City staff~vas present at the bid opening. Exhibit B lists all of the bids received on each trade. In a number of instances the apparent low bidders' response was either withdrawn or determined to be non-conforming. Exhibit A lists the contract amounts that include the bonding costs while Exhibit B lists the bid amounts only. The bids received to date are approximately 15% below the Architect's estimate. Highland staff checked the references, bonding and insurance capacity of each of the contractors. All references of each low bidder have been verified and their work has been satisfactory. Additionally, Highland has met with each of the successful contractors to verify the scope of work for each. The original bid opening for this project was scheduled for August 15, 2000. While conducting telephonic solicitations of potential specialty contractors, we quickly determined that several specialty contractors would be unable to meet this bid opening date due to conflicting commitments for other major projects bidding at the same time. Page 4, Item: __ Meeting Date: 9/12/00 To maximize trade coverage and ensure participation by quality specialty contractors, we decided to move the bid opening date to August 24, 2000. Additionally, after our bidding analysis, we expanded our search for qualified specialty contractors to the Inland Empire, Orange County and Los Angeles areas. Cumulatively, these actions contributed immeasurably to ensuring appropriate and adequate coverage in a preponderance of the bid packages and trades. Limited/No Bid Responses: Although Bid Coverage was more than adequate for most bid packages, you will note that them are a few areas where a limited number of bids were received. After analysis and in depth interviews, City and Highland staffs determined the following reasons for the low response in the selected bid packages. Notwithstanding the limited bid response, based on Highland's experience in the construction market, Highland recommended and staff concurs that the following bid should be accepted. Shop Equipment The specified supplier bid direct, and informed Highland that he had provided numbers to other Specialty Contractors. When informed by the supplier their intent to bid direct, the other Specialty Contractors chose not to bid. Vertical Reciprocating Lifts - The manufacturer's representative bid direct, and provided numbers to the other Specialty Contractors. When informed by the supplier of their intent to bid direct, the other Specialty Contractors chose not to bid. CNG Fueling Station -The specifications identified only one manufacturer for the CNG equipment thereby limiting widespread participation by other specialty contractors. No bids were received from the trades listed below. Staff believes this to be due to the competition with other bid openings countywide such as the $40 Million Poway Unified School District new High School. These trades were re-bid with the bid opening date set for 2:00 P.M. on September 8, 2000. 1. Site Concrete 2. Structural Steel 3. Doors, Frames & Hardware 4. Glazing Future Bid Packages: The results of the bid opening for Site Concrete, Structural & Miscellaneous Steel and Doors, Frames and Hardware, and Glazing were determined immediately after the Re-Bid opening on September 8, 2000. On re-bid day (September 8, 2000) we received thirteen individual bids for the four bid packages. The sealed bids were opened at 2:00 p.m. at Highland's offices. Since these four trades are critical path items for the project, the recommended Specialty Contractors were identified and included in this resolution. Page 5, Item: __ Meeting Date: 9/12/00 During the review of bids it became apparent that some portions of the plans and specifications had ambiguities, which made the bids received suspect. Highland spoke with each of the bidders for the following trades and determined it was appropriate to reject all of the bids and re-bid these trades: 1. Fire Sprinklers 2. Mechanical HVAC 3. Compressed Air Systems 4. Vehicle Service Equipment 5. Awnings 6. Vacuum Equipment 7. Fences & Gates These trades have been re-advertised and bid opening is scheduled for September 21,2000. Prior to re-bidding, clarifications were made to the documents to ensure appropriate bids will be received for each of these trades. The formal rejection of those bids and award of those trade contracts will be brought to Council on October 10, 2000. This process/timeline should not cause any delay in the project. Construction Administration and Payment Processing: The City will be billed through Highland for the specialty trade contractors' work. The City will issue a payment to Highland within 30 days of the billing date, for the cost o£ such work. The payment issued by the City will bc based on two verifications: © Highland will verify that thc work has been completed. o The City's Project Design and Management (PDM) team will also provide a similar verification. PDM will verify that the work was completed in accordance with the construction plans and specifications. Change Order Policy Modifications: Council Policy Number 574-01 sets out the guidelines by which change orders are approved. The Policy authorizes the City Manager to approve change orders up to $10,000. As discussed in previous reports, staff is reviewing this Policy in light of the changing nature of the projects being performed by the City, and intends to ask the City Council to approve a comprehensive revision that would cover capital projects of all types and sizes in the future. The modifications proposed under this resolution apply to the Corporation Yard project only. The current change order limits are so low that on the project of this magnitude the City Manager's authority limit could be reached very quickly. In addition, remodel projects, such as the Corporation Yard, tend to have more change orders than new construction projects. As contractors get involved in the construction work, unforeseen conditions are discovered and change orders become necessary to address these issues. Additionally, Highland has already begun identifying modifications that provide benefits to the City Page 6, Item: __ Meeting Date: 9/12/00 which will need to be evaluated and may result in change orders (some of these changes are cost added items while other will result in savings to the City). The delay that could be caused by bringing each change order forward to a City Council meeting could easily slow or stop work on a project resulting in increased costs to the City. Approval of the second resolution will modify Council Policy Number 574-01 for this project only and allow the City Manager to authorize Change Orders up to $50,000 per single change order and $250,000 as the maximum aggregate for cumulative change orders. All the other requirements of said policy will still be applicable. The modification would make it much easier to administer the construction phase and allow for completion of the project in a timely and cost effective manner. Staff will submit to the City Council reports outlining the change orders approved by the City Manager. If necessary, staff will also ask the City Council to re-authorize the City Manager to approve another maximum aggregate of $250,000 if the first $250,000 maximum aggregate is reached. Environmental Status: A Negative Declaration (IS-00-52) was prepared for this project pursuant to the provisions of CEQA. The Negative Declaration was adopted by the City's Redevelopment Agency on July 11, 2000. A Notice of Determination was posted in the Office of the County Clerk from July 19 through August 18, 2000. Form of Agreement: The contracts will be let on the City's standard public works contract form. The City Attorney will approve the final form of the contracts. Financial Statement: FUNDS REQUIRED FOR CONSTRUCTION A. Amount of 36 contracts for 47 trades $14,195,055.00 B. Contingencies (10%) $1,419,505.00 C. Staff Costs (Project Design & Management) $50,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $15,664,561.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Appropriated Funds $23,951,213.00 B. Funds to cover remaining Trade Contracts $8,286,653.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $15,664,561.00 Page 7, Item: __ Meeting Date: 9/12/00 Wage Statement: Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. FISCAL IMPACT: On August 15, 2000 the City Council approved Resolution 2000-297 appropriating $23,951,213.00 in additional project funds on the new Corporation Yard Project. Approval of this resolution would authorize the expenditure of$15,664,561.00 to cover the contract amounts and contingencies associated with 36 contracts covering 47 trades. Staff will come back before Council on October 10, 2000 with another resolution approving the award of the remaining trade contracts. Attachments: Exhibit A - Proposed Contracts to Award Exhibit B - Bid Opening Report Exhibit C - Council Policy Number 574-01 Contractors' Disclosure Statements File # 0735-10-GG131 H:\SHARED\ENGINEER\CORPYARDAWARDA 113.SMN.doc EXHIBIT "A" CITY OF CHULA VISTA CORPORATION YARD PROJECT PROPOSED CONTRACTS TO AWARD September 12, 2000 Bid Trade/ Specialty Contract Package Company Scope Amount A Sherwood Mechanical Underground - Wet 290,917.00 A.01 Saturn Electric Underground - Dry 284,195.00 A.1.1 Cement Cutting Hard Demo 89,507.00 A.1.2 Demko Drywall Soft Demo 39,899.00 A.2 FJ Willert Grading 233,500.00 A.3 Hanson Asphalt Paving 301,407.00 A.4 Soltek Pacific Site Concrete 391,700.00 A.5 Benchmark Landscape Landscaping 446,652.00 B Pacific Coast Steel Concrete Reinforcement 318,472.00 B. 1 Soltek Pacific Structural Concrete 1,556,583.00 C L. Faber Masonry Inc. Masonry 1,318,500.00 D C & S Doctor, Inc. Structural & Miscellaneous Steel 1,118,260.00 City of Chula Vista Corporation Yard 1 H:\Shared\Engineer\Exhibit A - Proposed Contracts to Award.xls E Helix Construction Rough Carpentry 61,856.00 E.1 Mission Valley Cabinets Casework 133,938.00 F Saddleback Waterproofing Waterproofing 91,147.00 F.1 Spring Valley Insulation Insulation 14,985.00 F.2 California Sheet Metal Sheet Metal 344,292.00 F.3 Roejack Roofing Inc. Roofing 260,176.00 F.4 Saddleback Waterproofing Joint Sealants 11,977.00 G Brady Company Doors, Frames & Hardware 249,520.00 G.3 Cookson Door Company OH Doors 152,250.00 G.4 C & S Doctor, Inc. Aluminum Storefront & Glazing 65,780.00 H.1 W.R. Chavez Co. Drywall & Steel Stud 321,685.00 H.2 American Tile & Brick Veneer Ceramic Tile 86,681.00 H.3 Daryl Griffis Acoustics Acoustical Ceilings 55,709.00 H.4 Woods Village Carpet Inc. Floorcoverings 190,756.00 H.6 Nick Pecoraro Painting HP Ctgs, Paint & W/C 229,500.00 City of Chula Vista Corporation Yard 2 H:\Shared\Engineer\Exhibit A - Proposed Contracts to Award.xls 1.1 Daryl Griffis Acoustics Toilet Partitions & Accs. 23,204.00 1.3 Architectural Accent Flag Poles 9,996.00 1.4 Stanford Signs & Awnings Signage 44,600.00 1.5 Daryl Griffis Acoustics Lockers 229,851.00 1.8 Penn Equipment Storage Equipment 58,580.00 J.1 Specified Products Projection Screens 6,200.00 J.3 Ross & White Company Vehicle Wash Equipment 218,970.00 J.4 Penn Equipment Shop Equipment 782,750.00 J.5 Penn Equipment Fabricated Equipment 81,053.00 K Discount Blind Center Window Coverings 6,100.00 L.1 Western Pump AG Containment Tanks 20,281.00 L.2 Western Pump UG Containment Tanks & Piping 150,879.00 M Municipal Maintenance Equip. Vehicle Lifts 324,580.00 M.1 McKinley Equipment Vert. Recip. Lifts 67,483.00 M.2 Penn Equipment Hoists & Cranes 119,685.00 City of Chula Vista Corporation Yard 3 H:\Shared\Engineer\Exhibit A - Proposed Contracts to Award.xls N Western Pump Fuel Piping & Pumps 30,266.00 N.1 AIIsup Corporation CNG Fueling Station 811,092.00 N2 Mark Harris Plumbing Mechanical Plumbing 437,525.00 O Helix Electric Electrical 2,102,616.00 P Hirsch & Company Survey 9,500.00 PROPOSED CONTRACTED AMOUNT TO DATE $14,195,055.00 City of Chula Vista Corporation Yard 4 H:\Shared\Engineer\Exhibit A - Proposed Contracts to Award.xls I -/i EXHIBIT "B" CITY OF CHULA VISTA CORPORATION YARD PROJECT BID OPENING REPORT - AUGUST 24, 2000 September '12, 2000 Bid Trade/ Package Company Scope Amount Comments A Sherwood Mechanical Underground - Wet 288,037.00 Notified A I.E. Pacific Underground - Wet 587,000.00 A Pullman Engineering Underground - Wet 439,895.00 A Cameron Excavating Underground - Wet 570,816.00 A Cats Excavating Underground - Wet 470,620.00 A.01 Saturn Electric Underground - Dry 279,995.00 Notified A.01 Irish Construction Underground - Dry 372,34800 A. 1.1 West Tech Hard Demo 91,000.00 A.1.1 Cats Hard Demo 136,385.00 A.1.1 Cement Cutting Hard Demo 86,900.00 Notified A. 1.1 Iron Horse Hard Demo 122,700.00 A. 1.1 Teixiera Hard Demo 132,400.00 A.1.2 Demko Drywall Soft Demo 39,898.65 Notified A. 1.2 Watkins Soft Demo 269,989.00 A 1.2 Cement Cutting Soft Demo 81,300.00 A.2 Iron Horse Grading Grading 275,000.00 A2 Lakeside Grading Grading 319,900.00 A.2 FJ Willert Grading 230,000.00 Notified A.2 Cats Excavating Inc. Grading 507,429.00 A.2 West Tech Grading 253,500.00 A.2 Iron Horse Grading 275,000.00 A.3 Hanson Asphalt Paving 299,252.00 Notified A.3 Southland Paving Asphalt Paving 466,000.00 A.3 Frank & Son Asphalt Paving 302,143.00 A3 JD Paving Asphalt Paving 559,000.00 A.4 Soltec Pacific Site Concrete 388,880.00 Notified A.4 Monica Construction Site Concrete 393,879.50 A.4 C & S Doctor, Inc. Site Concrete 404,000.00 A.5 NN Jaeschke Landscaping 467,362.00 City of Chula Vista Corporation Yard I H:\Shared\Engineer~Exhibit B - Bid Opening Reporl. xls A.5 Benchmark Landscape Landscaping 435,758.00 Notified A.5 Westfall Landscape Landscaping 610,947.00 A.5 Beach Cities Landscape Landscaping 319,805.00 Non Conforming A.5 3-D Enterprises Inc. Landscaping 367,126.00 Withdrawn A.6 Chain Link Fences & Gates 0.00 A.7 NN Jaeschke Site Furnishings 30,203.00 A.7 Westfall Landscape Site Furnishings 32,091.00 B Minshew Brothers Concrete Reinforcement 228,750.00 Non Conforming B Fontana Steel Concrete Reinforcement 227,852.00 W~thdrawn B Echo Pacific Concrete Reinforcement 206,450.00 Non Conforming B Pacific Coast Steel Concrete Reinforcement 315,318.00 Notified B1 Echo Pacific Structural Concrete 1,533,730.00 Non Conforming B. 1 Soltek Pacific Structural Concrete 1,547,658.00 Notified B.1 Morley Construction Structural Concrete 2,010,000.00 C DiDonna Masonry 742,215.00 Non Conforming C Cliff Fairchild Masonry Masonry 1,320,700.00 C L. Faber Masonry Inc. Masonry 1,298,500.00 Notified D JD2 Structural Steel & Metals 1,802,800.00 D Olsen Steel Structural Steel & Metals 1,357,960.00 D C & S Doctor, Inc. Structural Steel & Metals 1,105,000.00 Notified D Southern Steel Structural Steel & Metals Incomplete Non Conforming E DA Whitacre Rough Carpentry 92,576.00 E Helix Construction Rough Carpentry 60,310.00 Notified E Echo Pacific Rough Carpentry 74,820.00 Non Conforming E.1 Mission Valley Cabinets Casework 132,117.00 Notified E.1 Murray Cabinets Casework 174,803.00 F Saddleback Waterproofing Waterproofing 89,800.00 Notified F Applied Waterproofing Waterproofing 112,700.00 F Alcala Company Waterproofing 104,685.00 F.1 Schmid Insulation Insulation 15,857.00 F1 lnsulcom Insulation 29,865.00 F.1 Spring Valley Insulation Insulation 14,985.00 Notified City of Chula Vista Corporation Yard 2 H:\Shared\Engineer\Exhibit B - Bid Opening Repod.xls lq- 13 F.2 San Diego Sheet Metal Sheet Metal 343,410.00 F.2 California Sheet Metal Sheet Metal 340,883.00 Notified F.3 Roejack Roofing Inc. Roofing 257,600.00 Notified F3 J.P. Witherow Roofing 247,920.00 Non Conforming F.3 Letner Roofing Company Roofing 410,000.00 F.3 Nelson Roofing Inc. Roofing 383,415.00 F.4 Saddleback Waterproofing Joint Sealants 11,800.00 Notified F.4 Courtney Waterproofing Joint Sealants 18,920.00 G Security Metal Products HM Doors & Frames 56,770.00 G Stiles Custom Metal HM Doors & Frames 58,597.00 G Soltec Pacific Doors, Frames & Hardware 414,412.00 G Pullman Engineering Doors, Frames & Hardware 323,789.00 G Brady Co. Doors, Frames & Hardware 249,520.00 Notified G.2 Door Hardware 0.00 G.3 South Coast Industrial Door OH Doors 162,530.00 G.3 Superior Door OH Doors 120,000.00 Non Conforming G3 Truman Doors OH Doors 128,967.00 Non Conforming G.3 Cookson Door Company OH Doors 150,000.00 Notified G4 Pullman Engineering Glazing 119,937.00 G.4 C & S Doctor, Inc. Glazing 65,000.00 Notified G.4 Pacific Glass Company Glazing Incomplete Non Conforming H Plaster 0.00 H.1 W.R Chavez Co. Drywall & Steel Stud 318,500.00 Notified H1 Commercial Ent. Drywall & Steel Stud 371,000.00 H.1 Johnson Kinsey Inc. Drywall & Steel Stud 452,900.00 H.2 American Tile & Brick Veneer Ceramic Tile 85,400.00 Notified H2 Commtrac Flooring Ceramic Tile Incomplete Non Conforming H.3 Daryl Griffis Acoustics Acoustical Ceilings 54,617.00 Notified H.4 Shaw Contract Flooring Floorcoverings 343,200.00 H.4 Woods Village Carpet Inc. Floorcoverings 185,200.00 Notified City of Chula Vista Corporation Yard /1~_/~.,~ 3 H:\Shared\Engineer\Exhibit B- Bid Opening Report xls H.4 Commtrac Flooring Floorcoverings Incomplete Non Conforming H.5 Epoxy Flooring 0.00 H.6 Alonso Painting HP Ctgs, Paint & W/C 310,712.00 H.6 Nick Pecoraro Painting HP Ctgs, Paint & W/C 225,000.00 Notified H.6 Simmons & Wood HP Ctgs, Paint & W/C 393,796.00 H.6 RBE, Inc. HP Ctgs, Paint & W/C 233,190.00 H.6 National Coatings HP Ctgs, Paint & W/C Incomplete Non Conforming I Visual Display Boards 0.00 I. 1 Daryl Griffis Acoustics Toilet Partitions &Accs. 22,749.00 Notified I. 1 Henri Specialties Toilet Par[itions & Accs. 17,588.00 Non Conforming 1.1 Anchor Constrcution Toilet Partitions & Accs. 23,092.00 Non Conforming 1.1 Industrial Distributors Toilet Partitions & Accs. 23,110.50 1.2 InPro Corporation Corner Guards 200.00 Notified 1.3 PoleTech Flag Poles - Supply 4,285.00 Non Conforming 1.3 Architectural Accent Flag Poles 9,996.00 Notified 1.3 AAAA Wholesale Flag Poles - Supply 4,718.00 Non Conforming 1.3 Colonial Flag Flag Poles - Supply Incomplete Non Conforming 1.4 Stanford Signs & Awnings Signage 44,600.00 Notified 1.4 Studio M Signage Incomplete Non Conforming 1.5 Daryl Griffis Acoustics Lockers 225,344.00 Notified L6 Potter Roemer Fire Extinguishers - Supply 2,816.02 1.6 BL Wilcox & Associates Fire Extinguishers - Supply 4,888.00 1.7 Operable Panel Partitions 0.00 1.8 Penn Equipment Storage Equipment 58,000.00 Notified 1.9 In Bid Package H.1 Wire Mesh Partitions 0.00 Included in Drywall I. 10 B & C Awnings Sun Screen & Canopies 208,407.00 1.10 San Diego Sheet Metal Sun Screen & Canopies 124,760.00 4 City of Chufa Vista Corporation Yard /¢_/y H:\Shared\Engineer\Exh,bit B - Bid Opening I~eport xis J Vacuum Equipment 0.00 J.1 Specified Products Projection Screens 6,200.00 Notified J.2 Western Pump Vehicle Services Equipment 82,601.00 Non Conforming J.3 Sherman Supersonic Industries Vehicle Wash Equipment 417,695.00 J.3 Ross & White Company Vehicle Wash Equipment 217,400.00 Notified J.3 Interclean Equipment Vehicle Wash Equip- Touchless 121,072.62 Non Conforming J.4 Penn Equipment Shop Equipment 775,000.00 Notified J.5 Penn Equipment Fabricated Equipment 80,250.00 Notified K Discount Blind Center Window Coverings 6,100.00 Notified K Window Coverings Co. Window Coverings 6,325.00 L Prefabricated Building 0.00 In Sheet Metal L.1 Western Pump AG Containment Tanks 19,690.00 Notified L.1 Sherwood Mechanical AG Containment Tanks 316,164.00 L1 AE Schmidt AG Containment Tanks 185,528.00 L2 Western Pump UG Containment Tanks & Piping 146,484.00 Notified L.2 Sherwood Mechanical UG Containment Tanks & Piping 39,638.00 Withdrawn L.2 Tank Specialties of CA UG Containment Tanks & Piping 188,414.00 L.2 AE Schmidt UG Containment Tanks & Piping 404,352.00 M Penn Equipment Vehicle Lifts 628,500.00 M Municipal Maintenance Equip. Vehicle Lifts 291,579.14 Notified M Amis Automotive Vehicle Lifts 430,269.19 M.1 Penn Equipment Vert. Recip. Lifts 82,000.00 M.1 McKinley Equipment Vert. Recip. Lifts 65,573.00 Notified M.2 Penn Equipment Hoists & Cranes 118,500.00 Notified M.2 General Conveyor Hoists & Cranes 122,875.00 M.2 American Monorail Hoists & Cranes Incomplete Non Conforming N Western Pump Fuel Piping & Pumps 29,384.00 Notified City of Chula Vista Corporation Yard 5 H:\Shared\Engineer\Exhibit B - Bid Opening Report xls N Sherwood Mechanical Fuel Piping & Pumps 110,003.00 N AE Schmidt Fuel Piping & Pumps 45,625.00 N Universal Services Fuel Piping & Pumps Incomplete Non Conforming N.1 AE Schmidt CNG Fueling Station 1,289,925.00 N.1 AIIsup Corporation CNG Fueling Station 799,500.00 Notified N.2 Sherwood Mechanical Mechanical Plumbing 508,155.00 N.2 McCullough Plumbing Mechanical Plumbing 263,735.00 Withdrawn N.2 Mark Harris Plumbing Mechanical Plumbing 430,000.00 Notified N2 Cats Excavating, Inc. Mechanical Plumbing 707,400.00 N3 Alpha Mechanical Fire Sprinkler System 134,850.00 N.3 Cats Excavating, Inc. Fire Sprinkler System 253,000.00 N4 W.R. Robbins HVAC - Dry 1,443,000.00 N.4 Lemon Grove Sheet Metal HVAC - Dry incl. in below N.4 General Air HVAC - Dry 1,335,000.00 N.6 Lemon Grove Sheet Metal HVAC - Wet 1,780,000.00 N5 General Air HVAC - Wet 665,000.00 O Saturn Electric Electrical 1,860,259.00 Withdrawn O Morrow Meadows Electrical 2,362,500.00 O Bergelectric Electrical 2,488,000.00 O Helix Electric Electrical 2,088,000.00 Notified P Acculine Survey Survey 47,540.00 P Hirsch & Company Survey 9,500.00 P Geotechnics Survey 51,685.00 P HERA Survey 39,924.00 P Geocon Inc. Survey 51,140.00 P Testing Engineers of San Diego Survey 42,641.00 TL Summers Install Doors 52,060.00 Sol Luminaire Skylights 29,010.00 CWP Surfaces Solid Surfaces 8,861.00 City of Chula Vista Corporation Yard / ~ -- ,/ '~ 6 H:\Shared\Engineer\Exhibit B - Bid Opening Repod EXHIBIT C CITY OF CHULA VISTA SUBJECT: CHANGE ORDERS. DIILECTOR OF PUBL/C POLICY woRxs NUMBER DATE PAGE ~ 574-01 06-03-86 I OF 2 ~kDOPTED BY: Resolution No. 12507 [ DATED: 06-03-86 I}AO~GROUND During the course of ~'ork on many City projects, it becomes apparent that certain changes must be made m the contract to obtain the finished product in i~s desired fo~m. Since most of these changes are of a minor nature which do not change the scope of the project or affect the )ublic health, safety or welfare, delegating limited authority to approve change orders would result in signi/icanfly expediting these projects. The Director of Public Works is hereby delegated limited authority to approve change orders for work being clone under City contracts, as follows: 1. All change orders shall be processed in accordance with the applicabl.e project specifications. 2. No single change order shall increase or decrease the original contract mount by more than $1,000.00: $ 5,000 - Director of Public Works Approval $10,000 - City Manager Approval 3. Change orders approved by either the Director of Public Works or the City Manager shall be reported to the City Council by informational memo at the next regular Council meeting. 4. The aggregate of all change orders, including those for differences between estimated and actual quantifies shall not increase the contract amount by more than the percentage amount specified below: Original Maximum A~gregate Contract Range Up to $100.000 10% $100,000 to $1,000,000 More than $1,000,000 COUNCIL POLICY .~ CITY OF CHULA VISTA SUB.IF, CT: CHANGE ORDERS. DIRECTOR OF PUSL~C POLICY F_,FFF_,CrlVE WOmbS NUMBER DATE PAGE $74-01 06-03-86 2 OF 2 ADOFf~/~ BY: Resolution No. 12507 I DATI~.r~: 06-03-86 5. All change orders involving changes in the scope of project, increases of contract amounts greater than outlined above, increases in time allowed for completion, or aspects concerning the public health, safety, or welfare, shall be submitted to the City Council for consideration. 6. In those cases where the City Manager and Director of Public Works determine that the public health and safety are involved or a substantial claim could be submitted by the contractor for delays, the City Manager may exceed the above amounts provided for both individual change orders or the aggregate amount of change orders. The change order shall be submitted to the Council at the next regular Council meeting for rati~cation. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING ALL CONTRACTS LISTED ON EXHIBIT "A", FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS WHEREAS, on July 18, 2000, the City Council approved Resolution 2000-245 approving an agreement with Highland Partnership, Inc. ("Highland") for the provision of Construction Manager/Constructor services required for the construction of the Corporation Yard Project; and WHEREAS, on August 15, 2000, the City Council approved Resolution 2000-297 appropriating $23,951,213.00 in additional project funds on the new Corporation Yard Project; and WHEREAS, at 4:00 p.m. on August 24, 2000 at Highland's offices, 285 Bay Blvd, Chula Vista, the City received sealed bids for the multiple trades necessary to construct the corporation yard project; and WHEREAS, the low bid for each trade is listed on Exhibit '~A"; and WHEREAS, Highland has checked the references provided by the contractors and all references verified their work has been satisfactory; and WHEREAS, Highland and staff have reviewed the low bids for each trade and are recommending awarding to those contractors listed on Exhibit "A"; and WHEREAS, on July 11, 2000, the Redevelopment Agency adopted the Negative Declaration prepared for this project; and WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project and no special minority or women owned business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid through 1 . . . the sending of the Notice to Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby accept bids and awards all contracts listed on Exhibit "AU for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard. BE IT FURTHER RESOLVED the city Council hereby authorizes the expenditure of $15,664,561.00 to cover the contract amounts and contingencies associated with 36 trade contracts covering 47 trades. BE IT FURTHER RESOLVED that the city Manager of the city of Chula vista is hereby authorized and directed to execute said contracts. Presented by Approved as to form by Works H:\Home\Attorney\Reso\CorpYard 2 19 - z/ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING COUNCIL POLICY NUMBER 574-01 GIVING THE CITY FL~IqAGER APPROVAL AUTHORITY AT HIGHER FINANCIAL LEVELS ON CHANGE ORDERS WHEREAS, on July 18, 2000, the City Council approved Resolution 2000-245 approving an agreement with Highland Partnership, Inc. ("Highland") for the provision of Construction Manager/Constructor services required for the construction of the Corporation Yard Project; and WHEREAS, Council Policy Number 574-01 sets out the guidelines by which change orders are approved; and WHEREAS, the Policy authorizes the City Manager to approve change orders up to $10,000; and WHEREAS, the current change order limits are so low that on a project of this magnitude, the City Manager's authority limit could be reached very quickly; and WHEREAS, staff experience suggests that unforeseen conditions often result in the need for change orders on remodel projects; and WHEREAS, the delay associated with bringing every change order to Council for approval may slow the work on the project causing increased cost to City and delaying completion of the project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby modify Council Policy Number 574-01 for the Public Works Operations Facility and Corporation Yard by allowing the City Manager to authorize change orders up to $50,000 per single change order and $250,000 as the maximum aggregate for cumulative change orders. Presented by Approved as to form by John P. LippittJ /v/ . rjj~/ >o~ M. Kahen~ ' Director of Public Works City Attorney H~[Home\Attorney[Reso\CorpYardl THE CITY OF CHULA VISTA DISCLOSURE STATEMENT I .' .' , ) \ antto Council Policy IO 1-01, prior to any action upon matters which will require discretionary action by the cil, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or :ial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following nation must be disclosed: ist the names of all persons having a financial interest in the property which is the subject of the application or the )ntract, e.g., owner, applicant, contractor, subcontractor, material supplier. .--l:!-1.4 ' . any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a 1000 investment in the business (corporation/partnership) entity. rJ\A )1'Son* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person ~rving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. oJ \0. 'lease identify each and every person, including any agents, employees, consultants, or independent contractors who ou have assigned to represent you before the City in this matter. tJ\c. [as any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista s it relates to this contract within the past 12 months? Yes No V N\~ Ij Fonn L - Disclosure Statement Bid Package Page 1 of2 ALLSU.P ClOt< P , ) 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 wit~e past twelve (12) months to a current member of the Chi Vista City Council? Yes No If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board Directo~s) made ~ontribution totaling more than $1,OOO..JlYer the past fo~ (4) year,s to a current member of the Chi Vista City Councd? Yes No v If yes, whIch Councd Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in ( past twelve (12) months? (ThisjJlcludes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No v If yes, which Official(s) and what was the nature of the item provided? Date: 16~\OO actorl Applicant A(J....)up (OI1./0p.,'Tl~r.J ~ i[Et7~ S~ Print or Type Name of Contractorl Applicant >i< Person is defined as: any individual. firm, co-partnership, joint venture, assoctanon, social club, fraternal organizati( corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or a other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Comm. ,j Conunillee of the Cily, Employee, or Staff Members. Fonn L - Disclosure Statement Bid Package p.,.....") ......-") 09/09/2000 15:19 5624268127 AMERICAN TILE&BRICK ~ PAGE 02 . , SIP-OI-lOOD 10:ll From-HIGHLAND PARTNERSHIP IHC, &11408Z1TO T-161 P.OOl/OOl F-111 )) PursUlUll to Council Policy IOI~l. prior 10 any action upon malters which will require di~lionlll)' kuon by Iho Council. PllUlnlnC Commission U1d III olher official bodies of Iho Cll). . slll41\m11 of di~losure of conun ownel1hip or financial inleresu, payments, Or campaign c:onmllulions for a City of Chula ViSll election must be filed. The followin, info""Ition musI be disclosed: I. Li$llhe names of all persOnS having a finincial inlerest in the property which is the sUbject of the application or the contract, e.l.. owner. IpplicUlI. contrllCtor, subcontractor, material supplier. AMERICAN TIT.!>: & BRICK VENEER, INC. 2. If any 'persOn'" identified pursuant 10 (I) abolle is a corporation or partn<<ship, IiSlthe names of all individuals wilh a $1000 InIl8Slmenl ill the business (corporllion/pArt1'lership) emily. AT.B~RT I. WEINSTEI~ TAGHI NAHWI If any penon> identified pursuanl to (I) abovt is a non-profit orpnlzanon or lruSl, lisr Ihe names of any llCr50n serving a$ director of tbe non-profh orcanizadon or a, truSlee or beneficiary or lfUSlOr of tbe nuSI, NONE 4. Pltase idemify each Md every person, including any agents. omployees, consultants, or independent COnlracrors who you have assigned to represenl you before Ihe City in this mauer. ALBERT I. WEINSTEIN TAGHI NAHIDI R~RnIA NAHIDI DAVE WITHROW RORBY OAKLEY S. Has any person" assocllled with Ihis conlract had any financial dealings "'ilh an officialu of the City of Chula Vista as it relates 10 this contract within the pasl 12 monlh., Yes No X 'j: ji Form l- Di...'o...... Sl.t.....' 814 '..k.' ,"..lof2 09/08/2000 15:19 5524258127 Sap-OS-ZDDD 10:ZZ From-HIGHLAND PARTNERSHIP INC, AMERICAN TILE&BRICK 611418Z870 T-1S8 PAGE 03 P.OOI/DO' F-IIS , If yes, briefly describe the naruno of the financial interest the official." may have in tl1is contract'? . \ 6. Have you made II contribution of more thlln $250 within the past lwel"e (12) months to a CUrrent member of the Chili. Vista City Council? Yes No X If yes, which Council Member(s)? 7. liave you or lilY memblsr of YOIIr govcming board (i.e. COtporate Board of OireelOr1. EXCClltivcs, non-profitlloard of DlrcclOn) made contribution tOlaling more than $1,000 over the past four (4) years to iI CUrrent member of the Chula Vista City COuncil? Y cs No X If yes, which Council Member(s)? 6. Have you provided more than $300 (or an irem of equivalenr value) 10 an offieeu of lhe Cily of Chllla Visla in tho plI$llWelve (12) months? (This includes being a source of income, money 10 retire a legal debt, gift, loan, elc.) Yel No X If yes, which Official(s) and whal was the nature oflhe item provided? Date: SEPTEMBER 8. 2000 -. (( t Sil'llalU BOBBY OAKLEY Print or Type Name of ContraclOr/Applicanl . P"rson is defined IS: anillndlvij(~.... linn, co.ptrtnenhip, joint venture, ISSOClalion, ~i.1 cl~b, I'ra~al orpniUlion, corponllion, eSUlte, 1nI1~ r"eiver. s)'tldlclrc, any o'her ~Ounly, .i'1. ll1unl.ipalilY, ltiSlriel, or other political subdivision. Or any o~hcr ....oup or ~ombiJ'l.,jo" actinJ II' A unit. .. Official ineludcs. blltll nOIUm/led 10; Mayor. Council Mem~r. Plannill' Commissioner. Member of a \ilaero:l Commission Or Committee of the City, Employee, or SlaffMember.. . Fo.... L - DlaclolUlO S'''''''''nt Bid p..lcase Paso 2 ot2 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT ~ ~ I to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the '1, Planning Commission and all other official bndies of the City, a statement of disclosure of certain ownership or cial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following rmation must be disclosed: List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. N'Dt0 E 2. If any person* identified pursuant to (I) abnve is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. t-J{) 10C ). If any person* identified pursuant to (1) abnve is a non-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. ~ t)Q-.) e- 4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. ~'b~e- 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 ~ Fonn L - Disclosure Statement Bid Package Page 1 of2 If yes, briefly describe the nature of theJinancial interest the official** may have in this contract? , " ) '~ j 6. Have you made a contribution of more than $250 within the past twelve (12) months to a curri:itt member of the Chula Vista City Council? Yes No./ If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No./ If yes, which Council Member(s)? \ ! 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in thL 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( s) and what was the nature of the item provided? Date: atuyt011-i-f} ;2.'000 " c'-~ re of Contractor} Applicant ~o~,...J f\. W'\b\tt->.s Print or Type Name of Contractorl Applicant . Person is defined as: any individual, linn, Co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, I( jieate, 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. Fonn L - Disclosure Statement Bid Package Page 2 of2 . , Cp\l.i~. S~ee+ Me.-'tC\.1 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT I . ksuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and ail 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 infonnation must be disclosed: 1. List the natnes of ail persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. K. JOE IsdM ROBIN S. HOFF OS 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. K. JOE ISOM ROBIN S. HOFFOS . If any person* identified pursuant to (1) above is a non-profit organization or trust, list the natnes of any person , serving as director of the non-profit organization or as trUstee or beneficiary or trustor of the trUst. 4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. BRIAN NEUFFER ROBIN S. HOFFOS K. JOE 180M 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 \ Form L - Disclosure Statement Bid Package Page 1 of2 . 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? Yes No XX If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No XX If yes, which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th. past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) . Yes No XX If yes, which Official(s) and what was the nature of the item provided? Date: AUGUST 24, 2000 ~._ d..,-~c____ Signature of Contractor/Applicant CALIFORNIA SHEET. METAL Print or Type Name of Contractor/Applicant * Person is defined as: any individual. firm. co~pannership. joint venture. assoculhon. social club. fraternal organization. corporation. estate, trusl...r(:ceiver.,tr'ldicate. 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 Commiuee.of the City, Employee, or Staff Members. ~ Form L - Disclosure Statement Bid Package Page 2 of2 . Cemervt C~#I^q I THE CITY OF CHULA VISTA DISCLOSURE STATEMENT ) ant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the :il, Planning Commission and all other official bodies of the City, a statement of disclosure of cenain ownership or ;ial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following nation must be disclosed: ,ist the natnes of all persons having a financial interest in the property which is the subject of the application or the ontract, e.g., owner, applicant, contractor, subcontractor, material supplier. ,,\d?(r' f any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a &1000 investment in the business (corporation/partnership) entity. ,.jV..J r;/ . 1..... irson* identified pursuant to (I) above is a non-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. ~~ Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you bef()re the City in this matter. ...s 0.--' ~ j Has any person* associated with this contract had any financial dealings with an Offi~ City of Chula Vista ; as it relates to this contract within the past 12 months? Yes No , ') 1_ 1 l Form L - Disclosure Statement Bid Package Page 1 of2 ~ If yes, briefly describe the nature of the financial interest the official** may have in this contract? .-rj K t ) 6. Have you made a contribution of more than $250 within ~t twelve (12) months to a current member of the Chu Vista City Council? Yes No V~ r- If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.~;, ~~~te Board of Directors, Executives, non-profit Board . Directors) made contribution totaling more than $1 ,~r t~<e past four (4) years to a current member of the Chu Vista City Council? Yes No If yes, which Council Member(s)? i8. Have you provided more th~ $.~or an item of equivalent value) to an office** of the City of Chula Vista in tI past twelve (12) months? (~ncIudes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No If yes. which Official(s) and what was the nature of the item provided? Date: 'b~V7"'-z,oOO ~c:i~~~ ~11?1&- 'V\Q\2..0Pr-.j Print or Type Name of Contractor! Applicant * Person is delined as: any individual. lirm, Co~partnership. joint venture, assoclanon. social club, fraternal organizatic corporation, estate, trus~ receiver. syndicate. any other county. city. municipality, district. or other political subdivision. or aJ 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 Committee of the City, Employee, or Staff Members. Fonn L - Disclosure Statement Bid Package Page 2 of2 . """cil Policy 10 1-01, prior to any action upon matters which will require discretionary action by the ~n" commission and all other official bodies of the City, a statement of disclosure of certain ownership or /.ai ~teR'S;, pa~ments, or campaign contributions for a City of Chula Vista election must be filed. The following _.c...._~rion must be dIsclosed: ,'<;JJll~U.--- List the names of all persons having a financial interest in the property which is the subject of the application or the I. contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~ook'5.l>lf\ 'tl~Oi e . 1 pIE CITY OF CHULA VISTA DISCLOSURE STATEMENT , none 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. ,. If any person* identified pursuant to (I) above is a non-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 each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Rav Winkler Charles J. Kiley BIll Paulsen 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 Form L - Disclosure Statemenl Bid Package Page 1 of2 . ~"" 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 (~2) month~ to a current member of the Chula Vista City Council? Yes No XX If yes, whIch Counct! Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more Ihan $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No YY If yes, which Council Member(s)? : Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th~ past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No xx If yes, which Official(s) and what was the nature of the item provided? Date: Angllc:r?h. J ?non Cookson Door Sales Print or Type Name of Contractor! Applicant . Person is defined as: any individual. firm, co-partnership, joint venture. aSSOClanon, 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. Fonn L - Disclosure Statement Bid Package Page 2 of2 ""Do..r-'1 \ G- r I FF'1 S " THE CITY OF CHULA VISTA DISCLOSURE STA TEl\iIENT Pursuant to Council Policy 101-01, prior to any action upon mallers which 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: I. List the names of all persons having a financial interest in the property which 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 (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. NONE ) If any person* identified pursuant to (I) above is a non-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 each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this maller. . Todd Cooker, Estimator Vivian Griffis, President Wanda Mounier, Office Clerk Daryl Griffis, Vice President 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 Fonn L - Disclosure Statement Bid Package Page I of2 If yes, briefly describe the nature of the financial interest the official** may have in this contract? , " ) Nor APPLICABLE "1 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? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $ I ,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No x If yes, which Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th 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(s) and what was the nature of the item provided? Date: AtlqUSt 23, 2000 ~--LJ~~DO~ Signature of Contract~r~licant Vivian Griffis, President 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 counly, 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 ('_ , Committee of the City, Employee, or Staff Members. Fonn L - Disclosure SI3lement Bid Package Page2of2 SIP-OS-lOOO 13:Z~ .' , From-HIGHLAND PARTNERSHIP IN., UIIJ....u....,... "J)emKtl l:>R.ywlll\ l I > -~-') , rm: CITY OF CHULA VISTA DISCLOSun STATEMENT ) Pursuant to Council Policy lOl..()l, prior to any action upon mallers which 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 eit), of Chula Vista election mUSt be filed. The following information must be disclosed: I. List the names of all persoIlS having a financial interest in the property which is the subject of the application or the cont'tllcr, e.g.. owner, applicll1'\t. contractOr. subcOnlractor, material supplier. ~Pr 2. Ii any person" identified pursl.lant to (J) above is .. corporation or partnership, list the names of all individuals with a $1000 investment illlhe business (corporation/partnership) entity. N/'Pt . '. If any person* idemified pursuant to (I) above is a non-profic organization or truSt, list the names of any person serving as director of the non-profit organization or <1S trUstee or beneficiary or trllslor of the uust. N1F\- 4. Please identify each and every person. including any agents. employees. consultantS, or independent Contractors who you have assigned to represent you before the City i1'\ this matter. N/A- 5. Has any person" asSociated with Ihis COlllracr had any financial dealings with an officia]"" of the City of Chula Vista as it relates {Q tIlis contract within the past !2 months? Yes No )( 'Form L ~ Dik:lo$Ufe Scau:=menl Bid Pac.1(ag:~' 'Pa.ge \ 0(1 I. f , Sap-U5-l0UU 13:25 Fr.m-HIGH~AND PARTNERSHIP INC, ""' ,........... U1Y4YHYfU , If yes, briefly describe the nature of lhe financial interest the officia1~" may have in this contract~ \ ) .\ . , 6. Have you made a. contribution of more than $2S0 wit~iP the past twelve (~2) month~ to a CUrrent member of the Chula Vista City Councd? Yes No 2L If yes. wh,eh CouncIl Member(s)? 7. Mave you or any member of your l!ioverning board (i.e. Corporate Board of Directo~, Executives, Don-profit Board of Directors) made contribution tOtaling more than $1.000 ovenhe past four (4) years to a current member of the Chula Vista City Council? Yes No Y If yes. which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office-" of the City of Chula Vista in lh. .., ! ~ast twelve (12) months? (This includes being a source of income, money to retire a legal debt. gift, loan. etc.) _~ Yes No)( If yes. which Official(sl and what was the nature of me item provided? Date: ~)M \ ro ~ Signature of Contractor/Applicant Nir..\lI)\RS,. DE-.m'U\ - 'Dem~ ~ ~\ (() ~C Print or Type Name of Contractor/Applicant . Person \$ defined as: any inl.1ividual1 firm, co-partnership. joint Venture. ass~arion. social ~lub. fraternal organin'ion, corporaticn~ e$t!te. tfUSE, f8weiver, syndicate, any Of her C01Jnty~ city, municipality, district. Ot other pOlitical subdivision, or aft)' otber group or combination acting. .s a unit. lIjI$ Official includes. but is not limited. to: Ma.yor. Councij Mc:mb~r. Planning Commis.sh;mer, Member of Ii Board. Commission or Camminee uf the City, Employee, or Staff Member.. rorm l.... Oisclowre SCQ{l:;menl Bid P,ck.g. Page 2 on FROM DISCOUNT BLIND CENTER PHONE NO. 91a9 678 3981a Pial , . THE CITY O:U CHULA VISTA DISCLOSURF. STATE.~.1!! Dl8cauntBll"dCelIler '1191f I1Il1111 AUO. " LAkeElsmor"CA_ )', , 11IlIa)D7_ ~rsuant to Council ~liQ:r 101-OJ, prior to illlY aClloll upon Illltlrers which will require discn:tionill)' &Ctlon b;I the C~unci1, PllUl1linlli Commission and all other official bodie. of the City, a Statemelll of disclosure of cenain ownership or financial inlereslS, payments, or campaign contributions for a City of Chulll Yistll election mUSt be flied. Tha following information must be disclosed: I. LISt tbe names or all p8rllOJ1S htIVins II. "n""cial int"(~~t in ,he l'rupeny which IS tile subject of the application or the contract. e.g., owner, applicant, eODlractor, ,ubcontr"clOr. material supplier. I ,L3 c: 14 AA!. D (3q" 'r" JHA.i CAT~ "'---'-'- -----_.~-,-~ 2. If any person" identified pursuant 10 (1) "b"v~ i. a curpolllUu/I 01 parLnership, Ii.t th.. names of all indhidullls with a $1000 inveStment in the blJSincss (corporation!partnerswp) entit~.. ~CJ4AHZLJ ~TY ~AlAf C!!4rY' --...-- .-----.--....--..-. '. If any per~nn. irl~tificd pu<ntBm to (1) above is .. non-pmfit Q,'gani:C<lt;cm 01 tl"~t, Ii~, the- names of any per,on sen.ing as director of the non-profit orgllniut;ull III a~ lnlS= or bt!neficial J' ," truSlOr "f the trust. --.--. '---""-"- 4. PlellSe identify each and eVery person. includin" .ny .8""1>, emplOyee., ,-,,,,,su!t..m., or mdependent contractor. ....ho you have assigned [0 represenl:tou befo~ tha C.il~ in this marter. R'CH~ C!Ary ----.-. .----.----.....--... ..- ..... -.-.- -.. . . ....- ---'-'- ..... - .--.---.-----..----- S. HIlS any person~ associated with this conlract had any fin.ndal drallnll> wilh all offici;;,I'. of the Cit)'. of Chula V;,-ta 8S it relates to this contract within the past 12 months'! Yes ____ No ....J! -.----.--------- F'\1lm L .. OiOt.:.lo~L1!~ S:'lIlc:),~m Bic!)O;.!iIc!:"l.8-C:' Page I Qf2 ---...___ .. _"_'M'.'_' --------~==-------- FROM D rSCOUNT BLIND CENTER PHONE NO. 909 678 3980 P02 I I , ) Ifye~, ~~t1y ~&l;ribc tho "iron- Qftht: finWlclal imeresr [he officillJn may have in this contract? " . ) 6. Have you made a contribution of mOrl! than $250 withi.. \h.. past rwelvo (12) month. ro .. cunem member uf <he :::huJiI Vi.to. City Council? V.. . No Y If Y"'. ....hkh Cou.loil Mcmbcr(.)~ '- ---...---- .-- .~--_. ----...- -"'-'...--. ~'-' ,. Wave )/01.1 or MY mllrnber 01 your 80veming bo:u-,.L (i.a~ Corpor3.te BOAlU of Dircclol"::'. :EKc:cl1tiY~::i, non"profl't Doz.uJ of Directors) mscl.o contribution tou,lins more ,hUll Sl,OOO Ove, rhe P"'" four (~) YClU" to a CUlTeR! membe, of rhe Chula Vi.;,a City Council? Y.,.. No __X-_ If ye.. which Council Member(s)? ....--...- B. :Have YOIl provided tnQre than $300 (or an item uf 'XJ.uivalcm ",lue) rQ an "mee*-*- of the Ury of Chul~ Vista in tl' past tWelve (12) months? (This includes being a source of ineom", mone)' to .elire a letoJ debt, gift, loan, ere.) Yes No}l ff yes, which Official(~) and what. ws. lh~ narure of lh~ it"", provided? , : Date: 9-~~oo ~:;'-con:r~;~~J~;--..- _!C#A~~. _./J? . (?.47/.'__. Print or Tme C\1'am<l of ConlractodAppliclInt Discounl BUnd Cnnl", 10074 Gram:l AVe. L..aka Eldnnlb CA 92530 (SOS) 67S-{I980 . Person il;f dctfined at;: nn)' iru:livic('l,ql. fiull... r.o.I"~r"tnclsJl'fJ. joint V_tltUr-=-, A~~i:1l,i.IJoIl. 'f~i:t.1 club. fr.l!..[em.::lol oo,aa.ni;cuionl Cotporarlon~ Mtate~ trU&l. tllc:ei\l'er~ s.yndicl.ttc. an}' other ':'OlJnry. c:ity~ municipality. di~h 1(:', O~ othl!:f' polilil.:l&.l &...bdi,,'isi~t1. or .any orhl".T sroup or combinJUion acril1g ao;; ;! lJ~j[. n Official incluQe!:. but is nOl limhed to: M&yorJ Council Me.I11Dec Plannin~ COlnlni:;'Sioner. ),{emucr C)f.a Board, Commls!1.iol\ Or Commh",~ orlhe City. Employee. or Staif Membel., FC.cm l.. .~ DiliC!O$un: S;;aLc:rn~nl Bid P..k,~" Pa,e '2 t)r2 f, :r. w \ \ \er-t I THE CITY OF CHULA VISTA DISCLOSURE STATEMENT ) 11 to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the I, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or 'll interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following uion must be disclosed: t the names of all persons having a financial interest in the property which is the subject of the application or the .tract, e.g., owner, applicant, contractor, subcontractor, material supplier. Ff2..c~ 'TJ W i I !C~ my person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a 100 investment in the business (corporation/partnership) entity. loh}. )on* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person ving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ,ase identify each and every person, including any agents, employees, consultants, or independent contractors who J have assigned to represent you before the City in this matter. s any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista it relates to this contract within the past 12 months? Yes No X . j,-. Form L - Disclosure Statement Bid Package Page 1 of2 - If yes, briefly describe the nalUre of the financial interest the official** may have in this Contract? , '\ i 6. Have you made a contribution of more than $250 within the past twelve (12) months to a CUrrent member of th ( Vista City Council? Yes No){ If yes, which Council Member(s)? e 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Boar Directors) made contribution totaling more than $1,000 overthe past four (4) years to a current member of the CI Vista City Council? Yes No)< If yes, which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No K If yes, which Official(s) and what was the nature of the item provided? " Date: Z-~~~ 0() q2C!j2..~ E I"J! C~ Print or Type Na e of Contractor/Apphcant * Person is defined as: any individual, firm, cO-partnership, joint venture, assOCIatIOn, social club, fraternal organizati, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or a other group or combination acting as a unit. ** Official includes, but is no! limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Comm OJ Committee of the City, Employee, or Staff Members. Fonn L - Disclosure Statement Bid Package Page 2 of2 09/08/2000 09:27 SwOB-tOOD :0: 19 519-462-0431 From-HIGHlANG pARTNERSHIP INC, HELIX CONST CO INC ;194911970 HST P. DO liD.. PAGE 03 ......c TH~ OTY OF ~ VInA.DlSCLOlURi STA'(PtEN1: . \ , )] Pur$uant to Council P~li~y 101.01, prior to any ilCtion upon mAllets whi~h will requil't discrctiollary action by the CoJncil. Plannin: Commission and all other offICial bodios of the City. ,statement of disclosure of oertain oWllel'$ltip Or finllDcial inter~U, peymen.., or campaign ~onlnbutions fOt a City of Chula Vista election must be tiled. Tho foliowin~ infannation must be disclostd: I. Li'llh~ nainu of all persons havi"a a financial interest In lhe property which is the subject of the application or tho eontrKl, e.g.. owner, appli~ant, eOllltlll'lot, .ubcontr~~tor. materi.1 auppliet. j fI/tr . 2. If any'persOn' identified pursullJltto (1) above Is a oorporation or pannetship. list the names of all individuals with a $1000 Jnv..tment in the bU$inelS (~orpol1l1ionl1>annershjp) entity. IV J It- It any person' idemilled pllr5l1ant to (I) abo". is a non-profit oTgll/lizalion or tr11lt. liSt the nal11&S or any penon serving.s din:<;:tOt of the non-profit organization or as trustee or beneficiary or InlSlOr of the InlSl. N !f" . 4. Please ider.tify ea~il and every person, including any 'lents, cmplo,Y.."" cor.sultants. or indepen4enl eon!racton who you have assi",ed to represent yeu. before the City in this malter. _<;-n;IIE.. 'DA-vI5 5. Ha.o any person" ..,ocialed with this contr..,1 had any financial dealings with an offi~i"I" at' the CilY of Chula Vist.l as it relale. to this conlrsct within the p.st 12 months? Yes No X. . Form l .. Dltclowl'e Sla,...-.t 1I1~ Pack.... P... I or, , : 09/08/2000 09:27 SIP-OB-lOOO iO:lO 619-462-0431 Ftom-HIOHLAND PARTNERSHIP INC, HELIX CaNST co INC 6184982170 ''',Of r. UUJf "'u~ PAGE r-'II" 04 If yes. brlc:tly describe the nature of the financial imerClSIl!le official". may have in lhls COntract? \ 6, Have you made a contribution of more than $2~O within the pa'llwel~e (12) monlhs to a CUITerll member of the Chula Vista City Council? Yes No X If y~. which Council Member(s)? 7. H.~e you or any /l1&I'ftber of your go~cming boan:I (i.e. Corporme BOUd of DirectOrs. El<eCUli~es, non-proth Board of Directors) mw:le contribution totaling mOTe than $1,000 over the pas' four (4) yean to a eurrent member of the Chula Vista City Council? Yes No X If ye$., which Couneil Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) 10 an office"'. of the City of Chula Vista in th, past tWelve (12) monlhs? (This Includes being a SOUrce of In eo me. money to retire liege) debt. gifl, loan,lIle.) Yes No ~ If yes, which Officiol(!) IInd whit W&$ the nature of tbe item provided? 7.h~o s: ~" 'gnalUr.. of ContraClor/Appllesl'll '5 -;e v€- b/f VIS Print or Type Name of Conll'aCtorl Applicant D....: ... P~rsOIt is defined B!i: any ir'uljyidual. firm, CO-p~"ncrJ.hip. joint ventlJte,. a$socla~ion, slXhll club, f'r'l1:c:n1al Orl~"jutiQn, corporDlion, ese.te, trUst, re~c:ivet. $)'ndi~a~e, an)' OCher t:oun;y, city, rnunlcip.liry. district. or odtu politiCal subdivision, or any otlter arou.p or combinalion aetlng as a \Inll. Ill. Ottic~J include$.. l>U( is hOt Jimitecllo; M~or. Council Member, Pl8l1nins Commis~iol'trr. Member of a Board, Collllftission Or COJl:\miltee of the City, Employee. or Staff Member1l, ~nn J-. - DiJlelosut'l!!. Sl8tetrltl'll 8i~ PaekaJle Pljelor2 f ~ ~c.. , .l , THE CITY OF CHULA VISTA DISCLOSURE STATEMENT , , } , Pursuant to Council Policy 101-01, prior to any action upon matters which 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: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Nond 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. None > -- If any person* identified pursuant to (I) above is a non-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 each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. None 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 N/A ) . Form L - Disclosure Statement Bid Package , Page 1 of2 If yes, briefly describe the nature of the financial interest the official** may have in this contract? ) N/A 1 , , 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? Yes No X If yes, which Council Member(s)? N/A 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? N/A . ) Have you provided more than $300 (or an item of equivalent value) to an office** 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, Joan, etc.) Yes No X If yes, which Official{s) and what was the nature of the item provided? N/A Date: 8/23/00 y-~ Si~ature of Contract fApplicant Ratti Oghassabian, Vice President Print or Type Name of Contractor! Applicant * Person is defined as: any individua(inn, 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 fommittee of the City, Employee, or Staff Members. I "'-~/ Form L - Disclosure Statement Bid Package Page 2 of2 FA~er Mct':.~1\r~ '1 ' ! ) Pursuant to Council Policy 101-01, prior to any action upon matters which 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: THE CITY OF CHULA VISTA DISCLOSURE STATEMENT I. List the names of all persons having a financial interest in the property which 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 (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. i If any person * identified pursuant to (I) above is a non-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 each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. . 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 '. \ Fonn L - Disclosure Statement Bid Package Page 1 of2 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? Yes No J( If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in thl past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No Y If yes, which Official(s) and what was the nature of the item provided? Date: August 24, 2000 riF~ \} ,PJU-, Signat of Contractor/ApplIcant L. Faber Masonry, Inc. r 1" Co 1=i'~n~r Print or Type Name of Contractor/Applicant * Person is defined as: any, indi vid~ firm, co-partnership, joint venture, assoelanon, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other COUnly, city, municipality, district, or other political subdivision, or any other group or com~ination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or "I . 'j Comminee of the City, Employee, or Staff Members, Fonn L - Disclosure Statement Bid Package Page 2 of2 Sep-06-00 12:22 Mark Harr;s Plumb;ng, Inc 619 401-7979 P.02 SIP-US-2000 13:43 Fram-HICHLAIIO PARTNERSHIP INC. 6194982910 T-146 P.DIlZ/UUJ t-'n "\ . ) THE CITY OF CHULA VlSTA DlSp.ostlRE STATEMENT Pursuant [0 Council Policy IQ1-{)1, prior 10 any action upon matrers whicb will require discretionary aclion by !be Council, Planning Commission and all other official bodies of the Gly. a SllllCmenl of disclosure of cenain ownership or finmcial inlClest$, paymenlS, or campaign comribulions for a City of Chula Vislll election muSt be filed. The following information must be disclosed: 1. Lisl the names of all pinons havina a fmancial intereSt in the property which is the subjeCt of lbe application or Ibe conuacl, e.g., owner. applicant, coollllClOr, subcontractOr. malerial supplier. Mark Harri~ PlumbinR Co., Inc 2. If any person. idemified pursuanllO (1) above is a corporation or pannership. list the names of all individuals with. S I 000 inve5l11lCnl in Ihe business (corporalionlparmersbip) entity. Mark S. Harris Marearet A~ Harris Jessica L. Harris .. If any person" identified put1luanl 10 (1) above is a non-profil organization or ItIlst. list the names of any person serving as director of tbe non-profit organization or as trUStee or beneficiary or tnISIOf of the trust. N/A 4. Please identify each and every person. including any .gents. employees. consullanlS. or independem contraclors who you have assigned 10 represenl you before Ihe City in Ihis mauer. M::Irlt!=: 'HAY1"i R npnnic: 'l':lIylnr Gary Mifflin 5. H.s .ny person" associated wilb this COnltaCl had any financial dealings with llII official"' of lbe CilY of Chula ViSll as it relates to this eontract within the past 12 Dtomhs? Yes No XX Fonn L - DiSClOsure SI:uement Bid Packaae' Paga 10f2 Sep-06-00 12:22 Mark Harr;s Plumbing, Inc 619 401-7979 P.03 S8P-0~-!OOO 13:43 From-HIGHLAND PARTNERSHIP INC. &1949.2970 T-14& P 003/003 F-798 If yes. briefly describe me nantre of the financial mtereSl the official'"'" may have in this conttact? NO ') , ~) 6. Have you made a contribution of mOTe than$2S0 within thepasltwelve(12) months to a Current member oflhe CbuLa Vista Ciry Council? Yes No vv If yes, which Council Member(s)? 7. HiVC you or any member of your govaning board (i.... Corporare Board of DireclOl'S. Executives, non-profil Board of DireClO") made contribution totaling mare tban $1,000 over t:he past four (4) years 10 a current member of the Chula Vista CilY Council? Yes No XX If yes, which Council Member(s)? 8. Have you provided more d1an S300 (or an item of equivalenl value) 10 an office.- of the City of Cbula Visla in tho pas, twelve (12) months? (This includes being a source of income. money to reti<e a legal debt. gift, loan, etc.) Yes No xx If yes. which Official(s) and Wbal was the nalUre oftbc item provided? Signature of ConlraclOr/Applicanl Mark Harris Dare: 91(../0(1 Mark Harris PlumbinR Co., lnc Print Or Type Name of COnlTaCtorf Applican. ~ Person is defined as: !mY individual. firm. co-partnership. jOint venture. JlSSOClallOl'l. SOCial club. frate-mal organi2.atio~ COrponlODn. estale. UUSL receiver. syndicalf, .any Olber COUII1Y, city. municipalilY, district. or other polililO:al subdivision. or any mher group or combination acting as iI unit. ..... OffieiaJ includes. bur is not .li11ti[c.c;Ito: Mayor. Council Member. Planning Commissioner, Member of a Board. Commission or Conuniu"" of.he City, Employee;". StafTMel11bors. Form L... Dlsclosun: S(a~m~n Bid hdc:1I:C Pa:e 2 of2 ./ lY\eklli}e.y f~I..l'p ) THE <..'ITY OF CHULAVlSTA DISCLOSURE STATEMENT Pnrsuant to Council Policy ]0]-01. prior to any action upon matters whicb will require discretionary action by me Council. Planning Commission and aI] other official bodies of the City, a statement of disclosure of certain ownership Or financial interests, payments, or campaign contributions for Ii City of Chula Vista election must be filed. The following information must be disclosed: , '. I. List the names of all persons having Ii financial interest in' the property wbich is the subject of the application or the conttact~ e.g., owner., applicant. contractor. sllbconrractor~ marerial supplier_ j NONF 2. IT any person" identified pursuant to (1) above is acorpciration or partnership, list the names of all individuals with a $]000 investment in the business (corporationlpa:rtJiership) ennty. NONE "\; I. If any person" identified pursuant to, (]) above is a non-profit organi~ation 0\" tms!, list the nanies of any person serving as director of the non-profit orxanization orasttustee or beneficiary or trustor of the trust. NONE 4. Please identify each and every person. including any agents, employees, consultants. or independent contracl:ors who you have assigned to represent you before the City in:ihis matter. IlglJC HI\ZLCTT 5. Has any person" associated with this contract had any financial dealings with :in official"* of the City of Chula Vista as it relates to this contract within the pastl2 months? Yes .'. No X . Ponn L ~Di5CIOStlre Statemen, . Bid Package' :~age, 1 of2 ";) &8-22-&& t6:59 TO:MCKINLEY EQUIPMENT li''Df"\U- If yes, brietly describe the nat\lre of me financial interest the official** may have in this contract? ) / ') "~ ;1 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? Yes No y. If yes, which Council Member(s)? ':'.: .' 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 OVer the past four (4) years to acunent member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office*" of the City of ChuIa Vista ill the past twelve (12) months? (TItis includes being a sOllrre of mcoroe, money to retire a legal debt, gift, loan, etc,) Yes No X If yes, which Official(s) and wbat was the nature of the item provided? Date: 8/23/00 l~,:;'~'Jl/,-,- flv" '-.. SignatUre of Contractor/Applicant McKINLEY EQUIPMENT CORPQRfI.TION Print or Type Name of Contractor/Applicant . Person is defined as: any individual. finn. co-partnership, joint vent\1re. assOC13non~ social club.. fraremal organization.. colpOIl\rion. estate. trust. rec:eiver. syndi.cate. any other .county. 'city, mUnicipality, district, or other political subdivision, or any other group or combination actin~fa unit. ** Official includes, but is not limited to: Mayor, Council Member. Planning Comn:1issioocr,. Member of -a Board. COmmlS-$iM ot Committee of the City, Employee, or Staff Meinbers. ",.' ...._~ Form L - Di~los.ure SlIuement . Bid Package Page 2 of2 98-22-99 16:59 TO:MCKINLEY EQUIPMENT FROM: P12 Sent By: MVe; 8587481941; F,,,...KIQ!LAIlO PAlTfERSKI; lilt, SIlUUlfll Sep.5.00 12:55PM; Page 1/2 T -142 P oaz/OO1 F-TU n')J'~~SI /) (j /ill1l!'~ e4J . $w-O~.UOO l1'zg ", ) THE CITY OF ~ VlSTA ~J:!.OSU8ESTATEMENT Put$lllllt to Cow1cil Policy 101.01. prior "uny .,lion lIpOn mIIleI'I which will l'llqlrire dbcrdioMlJa<:tion:b7 \lie COUIICil. Plannial COIIIIIIiuion and. all olI\f:r ~cial bcldies of dle c:n,. a SUlcmall of dilCl....... of certain OlllllCnhip Of fmancial __. paymcats. OT campaigP c:omribulilln$ for . CitY of Chulll Vista elec:lion must be filed. The followin:! informali011....Sl be disdoscd; I. List die lIIll1CS of all penoas bavina a financial ill_ ilIlbe j1j~ which is die subject of tbe applicabDll or d,e colltJlKl. e.c.;;;:r$ic:llft. cantRClOl'. SUbeOlllACtOl'.1JI&tCrW supplier. 2. 11 illY lJIlI'IClD* idePlified pulS\l8ll1 to (1) ibo..., is a Ccnporatiod ot pmncIShiP. list me names of all individuati wilh · $1000 inYC1UD8R1 , lhc business (c:orportrionlplllllefShip) emily. #1-4 ' If arq penclII* idc:dIified punuant 10 (1) lIb<>ve is . non.profil ~ion or 1nI$l. lisllhe n.lInltS of 1Il11 pcI'SOII se<vi1l; as dircc:tor of tbe IIOD-profit orpIriza1iOll 01' as 101_ or bcP..ru:iary or lnIsror of the mist. N/Ift , 4. Please i4emify eaclt _ every penon. ilicludins any agents. employees, COlI5\lltants. or I1lclepcndcnt c:onuac:lOTS who you have, USI",:! to l'l!JIl'eS8nt you befmillhe City in this matter. IV I-Jt · 5, au any pc:I$lllI-lIISOciallld "itll this coiIlRl:l hlld any fmancial tlealings with an official.. of the City'orChul. Vioul as jt ....11Iles ~ c:ontnll:t within die past., 12ll1OnthS' Yes No rx.. M. ' , I . Fonn L - Oiscla..re S-, 8iG PII<IdF hi< 1 on Sent 8y: MVe; Stp-Q~-lGGO 13:Z8 8587481941 ; Ftlllll-HIGHLAIlO PARTNERSHIP IIIC. 6114182870 Sep-5-00 12:56PMj T +12 P 003/0DJ Page 212 F-tlZ :If 1ft, bnen)" describo dlc lIlllUn: of Ih. fillanti~ inlltml: 1M official.. may have in Ibis COllrtacl? 6. lav. you made a C<lJ\lllbl1lion of more III1In S:ZSO wiillin :!he (Ii$llwclve (12) monlbs 10 a cutre.lll ..le..dle, o( u.i Quia Vista City C<lU11dI? YC$ No ~ Ifyos. which CDIIlIcil Member{s)? ;</IA- I 7. &VC you or any mem1lcr of yOUr aovenUa~ board (i.e. ColJlOr&le Board of Dil'Cl:l...... .Exa:uliVC$. non-prof";Bo;ud Of Dim:tars) ro.... comribollion toaIIin; ......lhaa Sl.~vcr lhc pa!l (0lIl' (4) ycan to a -..:m I1lCIIIbcr of Ihc Chula Vista City coun~ Yes . No . If yes. which COIIIICil Membel{S>? .. ~. . 8. aa~ you provided 1IlOt"e lIwI $300 (or ... icm tlf equivalent vall1C) 10 II> offir;e** of rhe City of Cbula Vim in II> pa$t lwel... (12) mombs? ~ inclu_being a soun:e of income. _y 10 relite a 1epl debr. &ift.loau, eu:.) Yes No It y.... which Official(s) and whu wa:s lhe lI8lllI'e of !he item provided? . t</ Dare: q~r -t9D ~ ......_-...--.- '----'-'''',.-,,--- '" Penon 1$ 4etiDf'd U: any individual. firm.. Co-plrtoc:rship. joim ver1rorc. ISlOCi2[iolL soei"J clUb. fru.emaf ora8lliQlicn. c"'P_ion, -. lNIl. =.vcr. ')IDCI~...y - county. ci,y. ",onicipalily. district. or 0lMr politlC.1 Albdivision. or..., otIIcr croup urcvlllbinariQn &I;linC. .. unl. : .* Official illCIllCIes. bill is 1lOl1i;lh1l!!d 10: MaJor. Council Member. PI...inS CommisSiOtlCr. Member of.. !loan!. C~ Dr CnmmillCC .flb. CiIY. EmpIOi'et'.llt s( Mo:nobcrs. . f..... L. . Pllel.",re SlIto:..... 1M PI<kar Pocc 2 on Ssp-OB-2000 14:49 From-HIGHLAND PARTNERSHIP INC, 61949B2970 T-171 P.002/00a F-90B Ssp-DB-2DaD IDI24 Fr~IGHlAftO PARTNERSHIP INc. 1\1\1.4\; ~fa.l ~\l\.G\..vvCe.; )'HE CITY OF-SB.VLA VlS'I'A.Q]SCLOSURR S'tADMENT mmma T-\SQ p.oot/Oaa F-884 ) j P\JrsUillt 10 Colllltil Policy 101-01. prior to any action 1Ip01I mauen whic:/1 will reqllire di5c:miOMry acliOll by rbe Council. Pllllning Commission llnd all acIlar oRicial bodies of l/Ic City. a sratemeql of diar:IOSIJre of tmain olll1\ersllip or financial iDlc:RlSI$. (IIlymealS, or cBlIIpaign conmbulions for a City of Chllla Vim electiOll milS! be filed. The followin. infonnation llWSI be disr;losed.: I. List die nBIJIIIs of 1111 pl!l'Son$ havill! a finauciai in_tlq the propeny which is the sttbjecl of the appllc:arion or tile cOllncr, a.g" ownC!'. applicant. CODD'aClo\'. $ubcOlltnlaor. material supplier. . ....titter! ('I1d(-j-~(P~ b. );'eef(Y ~~1 2. "fI any'person'" iclenlifio:d pUr4l1l\1lltO (1) above is a corporation or partnarshlp. liS'llhe 'lames of all individuals with a $1000 invll$lJI\CIU in Ibe business (COIpOt8lioQ!patnersbip) entity. a /( /J-I- #u- tlkvc- . If any pellon. idcqtified pmSU8n1 to (l) above is It non-pr'lfit orgaui:wion or li1ISt, liS! l/Ie n'lIle$ of any pel'SOll scmng as directOr of tile non-proflt orpnizaIion or as \rUstee or &cnafiei.." or lnlslOr ot lbe lllIst. 4. Ple16e identify each and every person. including any agenrs, employees, c:onsulranrs, or in4epcn4enc eontraClOl'S whQ you have uslSbc4 10 represmc you before lbe Cil)' in Ibis IIIlIlter. 't' fJa.Lt:' , ~ ~lnJR~ -.~ -:Pta.r - sh -..,j -H-'o/'A. k- w h eeIW S. Has any persOll'" II$sociated ..,Jth this contraet had lIDy financial dealings with an oftiqal..~ of the City of Chula Vista as it ral8lC$ <0 this c_ Wil;hill W palItl2ll1D11lbs? Yes No ~ " Farm L - Di$Cll\IGre SlII~m.nt BldP~' 1'age I Grll Sop-DS-ZOOO 14:50 Sop-DS-ZOOO ID:Z4 From-HIGHLAND PARTNERSHIP INC, Fram.HIGH~AND PARTNERSHIP INc, Sl040aZOTO T-1Tl P.003/003 F-OOS T-189 P.DD3/DOI F-894 < . B184B8Z87D . } If yes. briefly de$c:ribc ~hta narure of die tinlllClial inll9'eSt the official'" may have in this COIltrl.c:I? ) 6. Have YOII made l lOonDibution of more: than $2SO wi'" the plst tWelve (12) lDonths to II Carrent melllber of the: Chula VilllaCilyCoullcil? Yes . ~ No If~ urhiehCollncilMernber(s)? 7. Have you or any member of your gavemin, balii'd (i.e:. Corporate Bolll'd of OirCelalS. Exl:Clltll/es. non1'rofit Board of Dirc:c:lQl'~) ma4.e cOJuriblllion toralin:mll!'e man S~~vllr tbe pas~ fOllr (4) y~ to II c:uttenllllembcr of the Chula Vista elty Council? Yes No If yes. which Council M.ember(s)? 8, Have you provided more than $300 (or IIn iEem of c:quivlllellt value) 10 an office"" of mo City of Chula Visla in tho p8Sltwelve (12) mOll/hs? (TIps jndu~ bcling II source: of income. monay 10 retire 8 !I:gaI debl, gift. loan, etC.) Yes. No ~ ff yes, which Offlcial(s) Md what W<l$ tbe nalllre of \he item prol/idocl? " Dala: 0/'-15-0D ~~~ca~ %o~~ I-fe Ie", I11&Udcet12.re. . ~ Print or t)'Pe Name: af ComrllcrodApplicilDt . POlllon i. dofinecl as, an)' llIdh.;cI~ fillll, CO-pmnership. joinl venNre.. assoclBQon, Sooial club,. li';uemd organiurion. oorporation, .''''Ie. lNh. recoil/or, .)Ti..,'.... any ulher county. dl)'. ll1unlcipallty. dlSh'ic~ or olher polllicaI subdivision, or any ather group or combine.ion llClin8 .. a unll, .. Officja/ incluclCll, bur is nollllnilcd '0: Mayor. Coundl Member. PlannIng Commissioner, Member ot. B08rll. Commission or COlTllQiuec of Ihe elly, !mploycc. or SlIIlfMcrnbers. P01IJ\ L. -1>l4clo$u~ SlllOmen. Bid PotioIae Peso 3 orz () 1t.1", Pe.corarQ '}) Pursuant to Council Policy 101-01, prior to any action upon matters which 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: . THE CITY OF CHULA VISTA DISCLOSURE STATEMENT I. List the names of all persons having a financial interest in the property which 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 (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. 1 : If any person* identified pursuant to (I) above is a non-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 each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. . 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 1 .... Form L - Disclosure Statement Bid Package Page lof2 If yes, briefly describe the nature of the financial inrerest the official** may have in this Contract? 'I J !') 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? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, whiCh"Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** 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, et~.) Yes No X If yes, which Official(s) and what was the nature of the item provided? Date: Augllst '.24, 2000 ~' / /' .:~ Sign~ . ontractor/Applicant ~ Onof"rio Pecoraro Print or Type Name of Contractor/Applicant * Person is defined as: any individu(. firm, co-partnership, joint venture, asSOClabOn, social club, fraternal organization, Corporation, eSlate, trust, receiver, syndicate, any other counry, 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 SlaffMembers. : Fonn L - DiSclosure Statement Bid Package Page2of2 . " PM I q 1'- COCL'ioi S-rel!!{ ) ) THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which 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: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. \ If any person* identified pursuant to (I) above is a non-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 each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 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 Form L - Disclosure Slatement Bid Package Page I of2 If yes, briefly describe the nature of the financial interest the official"" may have in this contract? " I , 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? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? \) u. Have you provided more than $300 (or an item of equivalent value) to an office"" of the City of Chula Vista in th( 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(s) and what was the nature of the item provided? Date: 08/24/00 Signature of Contractor/Applicant ERIC B. BENSON-PRESIDENT Print or Type Name of Contractor/Applicant * ,,( Person is defined as: any indiviclllal, firm, co-partnership, joint venture, assoclahon, social club, fraternal organization, corporation, estate. rrust, 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 uot limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or ) Committee of the City, Employee, or Slaff Members. Form L - Disclosure Statement Bid Package Page 2 of2 o " ,.' , ') I 18: IU J <:"1". L\nJ..l. ."""... Pen n f~j,t_lp THE CITY OF CIRlLA VISTA DISCLOSURE STATEMENT I'umIaat to Colmcil Policy 101-01. prior to any 3CIillIl upIlI1 RIlIIIerS wbidl will leljlIDI! discn!liarwy UIIC11l by !be Cou1Icil, PlamiDg CllIIIIIIIuion and aD adIer ofIiciaI bocIiI:5 of tile City, a _ of discIosuIr: of _ _sb.p or IiII8IICiaI iren:sIs. ~ or c:omplllp ~...a..uoa. for . City of Chula Vista eErioIIlIIII5t be IiJed. The following infOlDl8lioo lIIlISt be disclosed: I. List die IIIllIOS of aD ponoDS baviag . fiDaDc:ial iIm:Iesl: UI rho JlI'01lII"Y wlric:It 15 die sulg<ct of!bc appIicalioa or the <OIIII'a1:t, e.g.. 0........ applicant. eu...._t. subcoldraclor. 1DIborial supplier. NIt! 2. fllIlY _* idea,died pursuaac lD (I) ....... it . corponIlion or .......~MUp. list du: IIlIIII<S of aD iadividoals wilIl . $Iooo.._t mdlelNsiae$s(~)aIIIly. t~ \ ~ 1! any peaoa*' ;.Io.ljfiecl put'!lIIIIt to (1) abow is . JIOI>1flOIit w.~ or -. Iisf the IIIlI1CS of III)' pmotI _g;~Oflhe .......pcvlit .........,;"" or IS ""*" or beIIeIiciary or _of die 1nISl. 4. Please idealify eoda IlCId evay pl!ISOD, ilIcIuding any "lJIlIIIS. cmpJoyees, c:cmsultaJIII, or ill'l"l r .",r COCIlI'III:IOls who you ba1le,J1r to..- yoo beIbce die ClIy III Ibis _. S. Has any penon. ~ willi dus COD1IICt had any linanc:lal dealings with III ofIicial- of die City of CIuda ViSlll IS ilrellUS ~r; CllRllICl wllhiDlhtpast 12 DlOlIIIIs? Yes No F'onn L - Drcd(.'lO.U~ Smdne:IR BId'P~ ";t I ol:! PENN EQUIPMENT & TOOl CORP. 2Il1 WashitJJton Avenue DIIIVOSbuIll,.,..l109 . p; 12 4&&-4345 r " ~ If yes. briefly clescnbc the _ of the fmancial imcrest Ihe officlal- may have in lllis CllIItract? J\fl~ . 6. Have)'Cll1 made a contribwioD of __ S2SO widrin the past twcM: (12) IIIIIIItlJs to a QItl\:Ilt IIII:IIIbcr of the ChuIa . V_ Cily COIIIICld? Y os Nc X If yes. which CoanciI Melilb.a(s}? 1. Ha~ you or any Jlle<\Ib.,'. of yoIIr aovemiag bcan1 (i.c. Olrporatc Board of:om..:toJs, ExCCllli_.1IlIII-proIit lloard of ou-) I1IlIlIe ClIIIlribution lOIlIIulg _ I11III SI{109.ovct the past four (4) 1'l8'S 10 a cur.- IbI!IIIbel' of Ibe Cbula V_ Cily Couuoil? Yes Nc A- If yes. wIric:h CoanciI M..llIb..(s)? 8. Have)'Cll1 prvvided - Iban $300 (or 10 iIIlDI of eqai"*nr vaJue) to lO.olIke*" of die CIty of CbaIa VISta in rJr past twelve (12) 1IIl>DIhS't 91Ds iDdudes bciII& a _ of DIl:omo.IIIOIIey to Mire a Iep1 debt, lift, loon. etC.) Y.. No A-- If,.... wbich OfficiaJ(s)audwbot was IbellllllUCoflbeillOlllptOVided7 } Dat.: g-~<I~av ~-~ Sip ora....-WApplicaat ~nt ('/1- 1f'\QC."OClL Prim or TJPe Name ofCwh.ll.t.uJApplic:attt . Pmon IS d=fillt<l. as: my iadlVldual. finn. ~ jDUlt --. ISlIOOIIIioD. _ cbIb. fmaaaI ~ ""'JlO!aDmt. -. -. 1ICeMll". $JIlldICale. any OI/Ier COlIaly. <>ty. municipald)'. dulricI. CO' _ polmc:oJ subdivision. or ""y othorsn>"P..._lIIllll:llDg........ - Official .ncludcs. huI is - - ro' Mayor. Covnal MomOo:r. 1'1"_1 Comnuss.mcr. Mconbcr of. IIoonI. Comllll$Slon or c.....m_ ollhe City. Employee, or SlatfM.......... Form L- Dudosu.. s..mo.. BId I'a<ltq. Ptge2af2 . .' Rc.€'-.>"-'-I<. ~ooi'''1 ., 1) . . . PUn;uant to Council Policy 101-01, prior to any action upon matten; which will require discretionary action by the Council. Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownen;hip or financial interests. payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: THE CITY OF CHULA VISTA DISCLOSURE STATEMENT I. List the names of all pen;ons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Roejack1Roofing Inc., contractor 2. If any pen;on* identified pun;uant to (I) above is a corporation or pannership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. Mitchell Roe, President 4If IIf any pen;on* identified pun;uant to (I) above is a non-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 eacb and every pen;on, including any agents, employees, consultants, or independent contractors who 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 X 1) Form L - Disclosure Statement Bid Package Page I of2 -. 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? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a Current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? . \:Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in tht past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No X If yes, which OffieiaI(s) and what was the nature of the item provided? Date: Auaust 24. 2000 /~.1{ , .cl(~-y-- ~ature of Contractor/Applicant John N. Diamond, Vice President Print or Type Name of Contractor/Applicant * Person is defined as: any indivi( I, finn, eo-pannership, joint venture, association, social club, fraternal organization, corporation, estate, trus~ receiver, syndicate, any other county, city, municipality, disnict, or other politiCal subdivision, or any other group or combination acting as a unit. ** Official includes, but is nOI limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or .~ommiltee Of the City, Employee, Or Staff Members. 1 Fonn L - Disclosure Statement Bid Package Page 2 of2 08/24/00 15:18 FAX 8475163989 /t...-'uuu l' ~'lilll r-r.-n1I1ft&,.MV rnlllnl:KiUllr In", Ross and Whlt:e u "..-',. u 1....., r.UI~"Il" r-..." 1@I.l4 THE CITY OF CBULA \7ISTA 1\IAt"J .nmTR~ ST<\fRMI'..NT . '~llDl ru Conn.,;1 PaIlc:y lOl~l. prior m BIlY au:dOl1 upon ~ wbidt wiUa:qui!e ~ eiltiaa by die Co_l. PIamIiDg (''''''....uillll :md all o1ber ofDci&l bodies of tbe Chy. a .1__.._.\ of dildlllUle of CO!IllIill alllftetship or finamcial imetesIs. pIQJDIalIlS. or ~'1"'I"'\glI.I:lHIlribUliOllS fur a City of Chula Vista eledillll1llllU be filed. ThIl fal1aw~ ~~Ulaian IIIIISt be disclased:. . R'P$"s <>l wh de , ~OQ-\ i I\.~ 1. list the _ of all pm;cm$ bl.1ling .. finaDeial iDleresr iIllIIe paoptIty wbieIl is 1Ile subject of rbe appJicaliaD or die eon1JaC[. e.g., CIWIItl'I'. app\iI:...... amll'lICbX'. lIIIlIclllll!lletOl'. mareria1 supplier. ROSS . WHITE ESOP CPR TRUST 2. If IIIIY pllnllll. idcalified ~l to (l) eave is .. eu.~.sian or pIftDIlIShip.1Ist die _ of &II iodividuals wid! a $1000 in_I in me IllI5ine&6 (C:OlPOnIl:iORl~P) entity. SEB ABOVE ...)_ If lUly pmon" iclencified. P\ldU8D1 10 (1) above is a nonoplOfil 0JI1l1liud.an ar ttUSt, list the DlUIICS af aJr:I po:rson servint as diteCtOr of tbe 1\OIl..profil 0f&IlIIi7llliall Ot 8$ tfU$tIe or belIe.ticiaIy orll1lSfOr tJI. dID 'Il'DCt. ~ JEFF ROSS JEFF ROSS ADMINIBTRA TOR TRUSTEE 4. Please identify e",h &lid <:Very pc:nan. inc:ludillg IlIlY ago:nrs. e<nployecs, _Sllkauts. or i~ c:aratr.Il:tarI who you haVle accigned to ~Iellt you befora die City in Ibis 1IIIIllcr. SEAN AINSWORTH LICENSE It 665 781 5. l:la& any per.son* oesoci....a wlth chic _act had any finllDela1 dellliD~ ",1m"" alficial.... of the Ciry nf 01111" Vl"", 1UI ir ~ ru this cmslrlK:t widllft die tJlIIt 12lllD1lths? Yes No XX ./ Form L-lJir_S~ llill"""" ....10(1 . l 08/24/00 15:18 FAX 8475183989 .....-&.uwu II "'111III rrgJp-nl......nrtV rn"JII~ftiJ.f1I(," lA,,, Ross and Whl te IIt_..... . "'... . -.I~",,'"r . ,__1dJ15 If yes. briefly descnbe tb& I1I14Re of Ille fiaaJlcial iarerest the official" _y have it! rIDs....lIlICt? NONE '. . ,) r' 6. Hayc you IIIiIlH: II camrlbmion oflllDrl! rbao S2SO IJritbtll i~ twelve (U) IDlIIIIb8 U11.__l1IllI1Illl!I' of the ChuIa Vista CICy ColnIQ11 Y cs No lr yes, whictl Ccnmci1 M'ember{s}? I 7. Have you or my l1lember af your aovemiD&' blllll'd (i.1t.. Cmparme BIlIId of~, Executi-. 1I00000000fit BCllIl'd of Dinlc:tors) IIIIde l!Cnribution IDIIIlliIr mom 11IM 51,00:1 IlWlr the,.. four (4) Yl!8n fa ... eammt _I"", of die o.Wa V'lSta CiIy C'omx:iI? Yes No XX lryes, Q/hidl Cmlaeil Mel!llleI(g}? 8. Have yon provided JIlIn th811 5300 (or an irem. of equivaltlll value) 10 811 ~ of iIle CIty of OauIa V'_ in 1M. ~t twelve (12) maarhs? (This iacJudec beiDg a m_ of ina-. _y to ft!lire a JepI de&r. Ptr. J_. efl:.) ..,es , No XX If yes, which Official(s} 8Dd wbat WU tilUllt1D'l! of Ib itl!m provided? Dati:: _ 08-24-00 of ~Ii_ JEFF ROSS PriDlar Type If_ of CaatnletariAppJieaur . Pcaon is d<1hIo:d as: ..,y iadividual. firm. co-paIUlerSIlip. jo;n, venmte. __em. social club. 1...........J ~_ CXll;pDr>oticm. ......... lnISl. re:c:c:ivcr, syJIdic3re. IlDY 0IIIe0 <:QUIlty, t:iIy, lIIW1icipalUy, discricr, Or' 0Ib::r ptl!llic:al mbcIivUiOll. Ol' lIIIY orbi'lt' eraul' or combinadGlf acCng-.... " OlIit. .... Official iacludas. IlIR is nae limimd ...., 1ok)"Ilr, Coll1lcil Mo=b<r. l"Ia.anin, Call1llllssioacr, lIt__ qf a B-.l. Cammiaicn. or Commim. afthe City. EmploYer;, art'OffMemlleJs. . 'Fmm L_ Disclo$llJ'e;st-..,IW'~ BId ........ PlVII'zorz . ! .... ~ "', 5 .s. ~hl'\~Oli THE CITY OF CHULA VISTA DISCLOSURE STATEMENT \ \ } } luant to Council Policy 101 -OJ, prior to any action upon matters which will require discretionary action by the neil, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or ncia! interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following (Illation must be disclosed: List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. NOn~ If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. NoYle.. ) ;tson* identified pursuant to (I) above is a non-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. No\'\t.- Please identify each and every person, including any agents, employees, consultants, or independent contractors who ynu have assigned to represent you before the City in this matter. Nov\"(, - 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 ./ -- --,. \ --- Fonn L - Disclosure Statement Bid Package Page I of2 .:~ J , I ! ;i j )"1 ; ,I .1 'I :1 ~ 1;::: . 1.~ j'l 'I I ., I I i I ! , I J I I I f ~~.Ij~ ...-- " 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 I Vista City Council? Yes No ,/ If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Bo; Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the I Vista City Council? Yes No ,/ If yes, which Council Member(s)? " 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula vl<...A past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No v If yes, which Official(s) and what was the nature of the item provided? < ./...-.'A1i\d.t.. -~~.<\e,. Print or Type Name of Contractor/Applicant Date: AI.l..f:t u c,-r q 'Z-ooo I , Person is defined a:iL..illY individual, finn, co-partnership, joint, venture, assoclabon, social club, fraternal organiz corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, v other group or combination acting as a unit. 1-11 ~i '..,- '* ,Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner. Member of a Board, Comlllissi Committee of the City, Employee, or Staff Members. ' Form L - Disclosure Statement Bid Package Page 2 of2 Aug-24-00 04:27P Saddleback Waterproof;ng 858 270 4938 P.21 , ) "';.'.",::-':,.,.;. THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any'action'upon matters which 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: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. A/~j '.'..c. '.~ '. 2. If any person" identified pursuant to (I) abovb~i;;~ration or partnership, list the names of all individuals with a $1000 investment in the business (corporationlpartnership) entity. ~4 \,. ;";1 (';._:i .> : j'~ . l '- If any person" identified pursuant to (1) above is'a' non'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. .~~ 'v.-~~". ~'~~:';{ . 4. Please identify each and every person, inclll.di~ any'agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. ..;VA ',". 5. Has any person" associated with this contract had aili financial dealings with an official"" of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No ~.4 \ ) F"rm<L:.-"DISC\liSurc StaIC""",1 ~'H 2ict J?!1Ckage Pagel of 2 Aug-24-00 04:28P Saddleback Waterproofing 8SS 270 4938 P.22 ~.4 If yes, brieny describe [he nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 withip the past twelve (I 2) months to a current member of the Chula Vista City Council? Yes No. ~ If yes, which Council Member(s)? , , 7. Have you or any member of your governing iioard .(tc. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes - No.. )c If yes, which Council Member(s)? , 8. Have you provided more than $300 (or an item of uivalent value to an office"* of the City of Chula Vista in thL past twelve (12) months? (This includes being-a.so tce of income, m ey to a legal debt, gift, Joan, etc.) Yes No /C If yes, which fficia/(s) and wha w the ture of the item provided? , i. ':__',L._ ,"J:, ..;.'. J1 ':'.:: ,.i Date: 8', 2--f- a::> -. : ~(~ , -.~..' -" -r;~'; ; t1;~':'-c;':n;'''"' : .' .-' SADDLEBACK WAl EH~HOOtlNii '" Person is defined as: any individual. firm. cOi.Jiarrn~hIp';" joint venture. corporation, estate, trust, receiver. syndicate. any.othercoullty, city, municipali other group Or combination acting as a unit. ' iati . social club, fraternal organization, dis Ct, or other political subdivision, or any .~ Yfficial includes. but is not limited 10; Mayor, Council Member, Planning Commissioner. Member of a Board. Commission Or L:omminee of the City. Employee. or Staff Members,. ..../ ._ \ Form L'-"Disclosure SrBlement . &'d Package Page20f2 S G8->Lf'I\ /fLedrlC THE CITY OF CHULA VISTA DISCLOSURE STATEMENT '1 Pursuant to Council Policy 101-01, prior to any action upon matters which 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 infonnation must be disclosed: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. MIA 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. MIA 'If any person* identified pursuant to (I) above is a non-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. MIA 4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. MIA 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 \ Form L - Disclosure Statement Bid Package Page 1 of2 If yes, briefly describe the nature of the financial interest the official** may have in this contract? 'J 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? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (Le. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in thi pasttwelve (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(s) and what was the nature of the item provided? Date: 8/24/00 ;S", QJ AL _/lice.. President Saturn Electri, Signature of Contractor/Applicant Timothy Dudek, Vice President Saturn Electri, Print or Type Name of Contractor/Applicant * Person is defined as: any indi( . 131, firm, co-pannership, joint venture, asSOCtallon, 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, Fonn L - Disclosure Statement Bid Package Page 2 of2 ,', 5 her woo)> \'\-led{ ) THE CITY OF CHULA VISTA DISCLOSURE STATEMENT . Pursuant to Council Policy 101-01, prior to any action upon matters which 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: I. List the names of all persons having a financial interest in the property which 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 (I) above is a corporation or partnership, list the names of all individuals with a SIOOO investment in the business (corporation/partnership) entity. N/A ) \, . If any person" identified pursuant to (I) above is a non-profit organization or trust, lisl 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 each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Rohert Sherwood Mitchell C, Roberts Rilly Sheldon 5. Has any person" associated with this contract had any financial dealings with an official"" of the City of Chula Vista )~ 'j 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? ) t.') 6. Have you made a contribution of more than 5250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista Citv Council? Yes No X If yes. which Council Member(s)? lHave you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in the4f, .. 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(s) and what was the nature of the item provided? Date: A IIgllst 24, 2000 Billy Sheldon Print or Type Name ofContractor/Applicant . Person is defined as: any individu': 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 orher 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 <:;omminee of the City. Employee, or Staff Members. e. Form L - Disclosure Statement Bid Package Page 2 of2 -.~ IS Q Hec,.h ~CI{lIC. THE CITY OF CHULA VISTA DISCLOSURE STATEMENT ) \ Pursuant to Council Policy 101-01, prior to any action upon matters which 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: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Stephen W. Thbmpson. PreRident John S. Myers. Vice President Larry A. Richie. Vice preRident 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. Stephen W. ThompRon. PreRident John S. MyerR. Vice PreRident Larry A. Richie. Vice Pre~ident "'" .-J. ) If any person* identified pursuant to (I) above is a non-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. Not ApplilCable 4. Please identify each and every person, including any agents, employees. consultants, or independent contractors who you have assigned to represent you before the City in this matter. Stephen W. Thompson. Employee Kevin Cammall. Employee John S. MyerR. Employee Gary Arnold. Employee Larry A. Richie, Employee Jim Summers; Employee 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 T \ ~ ~";'.. ~"" Fonn L - Disclosure Statement Bid Package Page I of2 If yc:s, briefly describe the nature of the financial interest the official" may have in this Contract? ..- -.0. " I 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? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (Le. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? ) Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th. 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 OfficiaI(s) and what was the nature of the item provided? Date: August 23. 2000 -.~Rp/ Signature of Contractor/Applicant Stephen W. Thompson. Pre~ident Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, assoclal1on, 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 nOllimired to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or .. .,Commiuee of the City, Employee, or Staff Members. Form L - Disclosure Statement Bid Package Page20f2 9-06-2000 1 ,01PM ~'II""DHUDU 10:50 Frlllll-HIGHUND PARTNERSHL' INC. FROM SPECIFIED PRODUCTS 858 621 610408U70 2295 P.l T-15& P,GGZ/GG! F.133 ) IRE ClT1' 2L.~ VIS!~ D)SCLogE $TATJWENT Putslllllt to Council Poli~y 10 I.(ll, prior Oll any acdOll YplIn rnan=s wbi~h will RlQuire discretion..". acUllIl by the Coun~l. PlanlIing Commission and all olbel' otrlCial bodies of the City. a statement of cliKlOSlIle of l:elWO ownership or financial j..I..~stS, paymems, or campaipl Cilmributlons for a City of Chula ViSlll el=riOll mun be fil,,!. The fonowing infunnBtjon must be disclosed.: I. Lisllhe n_ of all pIlSOIlS havin, a firJancial inlClCSt in lite lbo~ whi~h is the subject of'tIu: ..pplication or the CODtnlCt, e,g.. ownet, applicanl, cOll~!tU', subcontractor, material supplier. $ 2. If any'persOn. identified pursu&rlllO (I) ~bove is a cOIptll7l!ion or panuership. list lIIe names of all illdividuals Wilh a $1000 Ulveslmenl in lhe business (eorpor.ation/pllmlership) entily. ^ J J1r' '. If any persOll* identified pursuant to (I) abovc is a non-profit ora:anization of 11\151. list the name:s of any person ) serving as director of the non-profit otganLwion or as !lIIstee or beneficiary Ot trUSlor of [he truSI. . AJfty 4. Pleue iclenlify each and every person. inc:luding any &genIS, employees. conSultantS, or independent <:ontra\;tol'S who you have assipled to represcnt you before 1M City in Ihis _. -Debr-~ 8()r::PM~1\J .. La. rrLj-9Je V~n S 5. Has Iny peISOn* associaIed with Ibis con1l1ICl had any financial dealings with an offic~l~ of the Ciry of Chula VlslI asitrel8lQlorbis~ntractwithinUtepast 12months1 Yes _,_ No .2S._ Fonn L - DiSCI...re SIa<<o..... BidP...' "lor! 9-06-2000 1,01PM FROM SPECIFIED PRODUCTS 858 621 2295 P.2 SIP-06~ZOOO 10:59 Fram-HIGHLAND PARMRSHII' INC, 6194BU2I7D T-156 P 003ltlD3 f-eu , ", ,"Ii ~ If yes. briefly describe the Dllture orllle :finlncial intl:l'lIst lbeofficiaj.... may have in this conrraet'? \ J 6. Have)'Ou made a conlriblltion of more ,ban $2SO wi;::e~ pasr twelve (12) months to.. current DIC'mber of the Chula ViSIa Cil}' Council? Yes _--.:.. No Jf yes, which Council Mcmber(s)'? 7. Have you or any member of your gOVerl1;Oll board .(i.e. COIJlOl1l!e Board of DirecrOll, Execulives. n')n-profit Board of DireI:!OI'5) made conlribution totaling m.:lre than $1.000 9ver the past four (4) yellllto a cumnr me;nber of Ihe Chula Vista City COUllcil? Yes __ No }' _ If yes., which Council Member(s)? j. Have you provided more than $300 (or ;so irem of equivalenl value) to an office'" of tile eil}' of Chula Vista in tho paSt twelvc (12) monlhs? ~'l)is include:; being a source of income. l1lOIley to relire a legal debt. aifl. loan. ere.) Yes No ~ Uyes, which Oflicial(s) and what was the nature of the item provided'? Date: qJt;/trr; I ' ~ ...---.J ~ ~) Print or Type Name ofConll'llclOr/~p;icanl f6fL: Srec/'PeciProdu(d'S .....LtVC J . P""". io defined .., un)' inclJvidual. ram" ,o'parmcrship. joint YCntu... lISSOCiation. social club. fralL'tII11 lll'C""ization. corporatjon. -. 1rQ0I, receiver. syndic...... any other couRl)'. cil1. municlplllily. disuicr. or ""'or political 'ubdi.ioion. or any olller group or combination actillg as I unit. . .. Official includes. but is nOllilnilCd 10: Ma,clT. Council Member. Planning Commissioner, M;ember of a Jlo"n!, Commission or Commiucc of lh~ CiIY, Employee, or Staff M'~lIlbers. 1'0"" L - DisclOS1llC $_n\ Bid Pllt'lc2lJc Pa,e2of2 '. . , ~ CITY of CIIULA VISTA QISCLo.I1Tml' STATDfiNr Sfrl "'1 v~lIe!1 -InSiAl Purslllllt ro Council Policy 101-01. prior ro any aclion IIpOIlI1l8!rers which will mqllire discnniOlWy amlHl by die Counoil. Planning Commission and all otber official bodies of the 01)'. a BtlKement of disl:losure of certain ownership or ") financlallmerests, paymenrs, or call1pllign conlribuliOllG for a City of Chula Vista election must be filed. The fOllowing infol'llllltion must be ttisclOlled; 1. Lis[ Ihe names of all pelSOnl having a flll8JJclal interest in the propeny which is the $ubjec:[ of the application or lhe Ccxuract, e.g., owner, applicant, eonlral:tOt, SUbcOlltracror, mareriaJ supplier. :SOlo:lr-:l ROBIIU:ON ..,... \)'CR..A..Y HANA-tJ 0 ~\1 S ~~ l-t A I.... !) R.oC) ks 2. If any penron* identified pul'5Uam ro (I) above is a corporation or partnership. Iisl the names of all individuals With a $1000 invesnnent in the business (COIpOI'ation/parmerlhip) enlilY. 30~ RCll?IN~OrJ 'S't p.. ~ 'Y H'A-M A~ D SU-SAr\) /-lAlB R.ookJ: '. If any person* identified pursuam to (I) above is a non-profit organization or truSl, list !he names of any perSOn serving as dlrecror of the nOll-profit organintion or lIS trustee or beneficiaty or trustor of the trusr. 4. Please identify ellch and every person, including any agentS, employees, consUltants, or independem contraclors who yOll have assigned to represeD! YOIl before Ibe City in this mauer. 5. Has any person" associated with this COnltlLCt had any finaneilll dealings with llQ official"~ of the City of Chula Vista as it relateS 10 Ibis conrract Within the past 12 months? Yes _ No _ \/ - ~rm L - Disclosure SIIl_mool Bid Plctaae" Pase 10'2 7 ':TI'\HT I"'lHT .t.o:rrrl'lUA It,.t cnr cfn'VU.T HI'\TTUl"Tn rHfnTTI'I linT L7' '" IT"''' ,.. f\ "1\ ~...... Ssp-05-2aao 13:33 From-HIGHLAND PARTNERSHIP INC, summD T-143 P.DOI/ODS F-784 r ~ . ,";I ~ If yes, briefly describe the nallm: of the financial interest the offieial.... may have in this conlr1et? " ) 6. Have you made a connibution of more than $250 wilhin lite Pasl twelve (12) months to a CWTllRI member of the ellula Visla City Council? Yes No ./' Ifycs, which Conncil Member{s)? I 7. Have YOU or any member of your governing board (i.e. Coxporate Board OfDireclOrs, &eCluives. non-profil BoanI of DirectorS) made comribution tolallng more than $1.000 OVer the past four (4) years to a cunenl member of the Chula Vista aty CounciI? Ve. No../ If yes, which Council Member(s)? a. Have )'ou provided more than $300 {or an itelll of equiValent value} 10 an office.... of the Cil)' of Chula Vista In tho past twelve (i2) momhs? (:!)is includes being a SOUrce of inCOme, money to retire a legal debl, gifl. Joan. ere.) Ve. . No If yes, which OffiCial(s) and wbat was rhe nalllre of the iteinprovided? cz! r;,/ OD Y).1~~ Si arure of ontractor/Applicant .:s:J!....j''l'~Il'^d. Pri"t or Type N or ConlrBCtOl'/Applicam v, P. Dare: P......n i. 4cflncd M' any indlvidl1ll1, f=, CQ-pannership, joint Ventute. ....oci.tion, SOCial ol\.lb. fratcllJal organizalion, ,orpotation, -.., tNat. feC4iver, syndfCale. an)' Other county. cilY. municipality. district. 0' Other pDlitic.1 S\lbdiviSlan, Dr any olner g,oup or oomblnl\tion actinS as a unIt. .. Offieial in.rudeo. bUI i. IIOllimitccl 10; Mayor, Council Member, Planning Commissioner. Membor of a DOard, Commisrion Dr COlllmitfell or the C1tj1. Employee, Dr SmtrMembers. . Fonn L - DisclOSUre 8raremenr Bid P"lmIe Page 2 0(2 ~ ~"VJ I~~~ ~QG ~rQ:YV" MArTV~AQMT_17~~V^_MIT1T!n TArtt +'7' I" fT'=TII fir>. (\1\ ~....... - ~q SfQnford SJ"}n5 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT ,- '- \ I _ jSuaht 10 Council Policy 101-01, prior to any action upon matters which will require discretionary action by the ~ncil, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or ~cial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following Drmation must be disclosed: List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subconlrllctor, material supplier. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. + . )erson* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person - sc..vlIIg as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. - Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. ~ Has any person* associated with this contract had any financial dealings with an official** as it relates to this contract within the past I2 months? Yes No - ~ Fann L - Disclosure Statement Bid Package Page 1 of2 ,l . 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 Vista City Council? Yes No t twelve (12) months to a current member of the Chu If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e.~orp te Board of Directors, Executives, non-profit Board c Directors) made contribution totaling more than $1,000 ov. the past four (4) years to a current member of the Chu: Vista City Council? Yes No If yes, which Council Member(s)? 8. Have you provided more than $J!l6'(or an item of equivalent value) to an office** of the City of Chula Vista in tl. j past twelve (12) months? (~nclUdes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No If yes, which Official(s) and what was the nature of the item provided? Date: ~!vf-f~ ~ Signature. of ContractorlApplicant ~~ ~1".u:;4c..>~ &.. Print or Type Name of Contractorl Applicant * Person is defined as: any individual. firm. co-partnership. joint venture, assoclanon, social club, fraternal organizatiOl corporation, estate. trust. receiver, syndicate, any other county. city, municipality, district, or other political subdivision. or an 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 0 Committee of the City. Employee, or Staff Members. Fonn L - Disclosure Statement Bid Package Page 20f2 W ,;, /.u" Cha.vez.- THE CITY OF CHULA VISTA DISCLOSURE STATEMENT 1 Pursuant to Council Policy 101 -01, prior to any action upon matters which 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: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Wilfred R. Chdvez, President 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. Wilfred R. Chavez, President . j ; If any person* identified pursuant to (I) above is a non-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 each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before die City in this matter. Wilfred R. Chavez Bud Zayak Bill Newcomer 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 Fonn L - Disclosure Statement Bid Package Page 1 of2 If yes, briefly describe the nature of the financial interest the official** may have in this contract? ~, 'to l' 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? Yes No x If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No x If yes, which Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th4 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(s) and what was the nature of the item provided? ~-1!t_dz Date: AuImSt: 23. 2000 The W.R. Chavez Company Print or Type Name of Contractor! Applicant * Person is defined as: any individual, firm, cO-partnership, joint venture, assoclabon, social club, fraternal organization, corporation, estate, trus~ 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. Foun L - Disclosure Statement Bid Package Page 2 of2 '1 ~ '\. tHE CITY OF CBULA VISTA DISCLOSURE STA ~MENT Western flAmf Pursuant to COlIncil Policy 101-01, prior to any action opon mlllters which will Jequire discretionary action by !/Ie Council, Planning Commission and all other official bodies of the elly. a statement of disclosure of certain ownership or .) f"u'81lci;sJ int""""", paymcnllS, or campaign conniboDons for a Cny of Chula Vista eleclion must be filed. The following information most be disclosed: I. l.iSlthe names of all persons having a financial interest in the prllpeny which is the subjec:t of the application or the contract, e.g., owner, applicant. contractor, subcontractOr. material supplier. --f+.M-~ I 2. If any 'persOn" identified pursuanllo (I) above is a corporation or partnership. lis[Che names of all individuals with a $IIJOO invesll'llent in the bu.iness (cOrporatiolllp8Jtnership) entity. tJI Ii e,.. '. If any person" identified putSuant to (1) above is a non-profit organization Or trust. lislthe names of any person serving as director or the non-profit organization or as trustee or beneficiary or truStor of lite trUSt. n III ~- 4. Please identify cach and every person, including any agenlS, employees, consultants, or independenr COntractors who you have assigned to represenl you before tbe eil}' in this mattet. p~ I1J1/$ r?c 1J1fY1I!/~(' 5. l-Ias any petSon~ associated with Ihis contract had any financial dealings with an offltial.* of the City of Chula ViSla as it reI Ares to this contract within the past 12 months? Yes _ No X " Form L - Dllclosur. Slll<mel!l Did P.1lakllp' Pl\ll< 1 of2 7-0-'" 9017L 9EZ 6'[9 dwnd N~3LS3M/L3~ 017:gT nn-qn-da~ If yes, briefly describe the nalUre oItbe financial interest the official-" may have in this COntract'} /t~ .4. h ~ . 1 ; 6. Bave you made a eonmoution of mora than $250 witilin tile past twelve (12) months to a CUITI/.nt member of Ih. Chula Visra City Council? Yes No ~_ IF yes. "'hich Council Member(s)? 7. Have you or an)' member of yOUr governing board (i.e. Corporare Board of Directors, Executives, non-profit BOard of Directors) made contribution IOtalmg more than S 1.000 over tile past four (4) years 10 a eUlTent member of the Chula Vista Cily Council? Yu No ,X; _ 1fye5. which Council Membrr(s)? 8 Have you provided IhOTe than $300 (or an item of equivalent vall1e) to an office". of the City of ChIde. Vista in Ih, paSt twelve (12) months? (This includes being a Source of income, money to retire a legal debt, gifl. loan, etc.) Yes ---- No .>( lfyes, which Oftieial(s) and whar was the nalUre of the item provided? ) Wr: 7ft' YY1 A,mfl> J YJc. ;J;j ~/- Signature of Contraclor/Applicant [/e Yln/? -fe-I JIIJ1t'./et Print or Type Name of Contractorl Applicant Dare: ~t'fI)jt..(Y7b/f' 6, ,It'C7t? I . Person is defined as: any indIVidual. firm, co-pann."hip. joinl ventllte, association, soci.1 club. fn".mol ~rs.niZ8tiOn, COIpOration, .'Iat.. lnlSl, recelyo.. syndicale. any oUter oouOIY. cilY. munic/palit)" districf, or other political subdivi.lon. or any otber group or combinarion aCIIng as a uniL ... Ofticiallncludes. bUl is nOI limitcd '0: Mayor, Council Member. Planning COmmissioner. Member of. BOllJ'd, Commi..ion Or Commlll.ee ofth. City, employ"". or Staff Members. Fonn L - OiJdO$ure S[at~lrlcnl BId P""kll&e Pa,e 2 0'2 E:O'd 9017L 9..2 FiT9 .-flAln...-l J\.1')..f"::t I C:::':JM / I ":J__ n..........,.... __ ....._ .....'='t_ -- 1< ',\ '" U)DOD$ Villaqe THE CITY OF CHULA VISTA DISCLOSURE STATEMENT . ') )suant to Council Policy 101-01, prior to any action upon matters which 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: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. WOOD'S VIDLAGE CARPETS, INC. 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. GEORGE R. WOOD PATRICIA A. WOOD CRAIG R. WOOD If any person* identified pursuant to (I) above is a non-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. iliA 4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. ROBERT (BOB) B. GEORGE 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 XX Form L - Disclosure Statement Bid Package Page 1 of2 If yes, briefly describe the nature of the financial interest the official** may have in this Contract? '" ) l " ) 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? Yes No XX If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No XX If yes, which Council Member(s)? "iHave you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th, past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, elc.) Yes No xx If yes, which Official(s) and what was the nalure Oflhe item provided? Date: AUGUST 23, 2000 CRAIG R. WOOD Print or Type Name of Conlractor! Applicanl * Person is defined as: any individual, firm, co-partnership, joint venlure, aSSOCIatiOn, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group Dr combination acting as a unit. ** Official includes, but is not limited to; Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or Committee of the City, Employee, or Staff Members. Form L - Disclosure Statemenr Bid Package Page 2 of2 SEP-08-00 16.38 FROM.Hishland Par~nership Inc. ID=8182342970 PAGE 2/7 , rdE CITY OF CIIDLA VESTA DISCLOSliRE STA.1'EMlE~'T Pursuant to Council Policy 101-01, prior to any ac:tion upon m.atteIS which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a 9I""""""",,t of discloSUte of certain ownership or financial inrerests, payment$, or campaign contnbutions for a City of ChuIa 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 which is the subject of the application or the contract, e.g., o\1lIler, applicant, contractor; subcontractor, material supplier. ~D""~ 2. If any person* identified pursuant to (1) above is a corporation or pa.rmership, list the names of ail individuals with a $1000 investment in the business (corporationlpannership) entity. ~ 3. If any person* identified pursuant to (l) above is a non-profit organization or trUSt, list the names of any person serving as director of the non-profit organization or as trUstee or beneficiary or austor of the trust. ~ 4. Please identify each and every person, including any agents, employees, consuItanlS, or independent contractors who you have assigned to represent you before the City in this matter. ~~c 5. Has any person* associated with this contract hlld any financial dealings with an officiaI** of the City of ChuIa VISta. as it relates to this contract within the past 12xnontbs? Yes No ~'E. '-., Forni L - Disclosme Sl2llelllOn. Rebid Pa<:l<llge Page I 012 SEP-08-00 16.38 FROM.Highland Partnership Inc. 10:6182342870 PAGE 3/7 ., . ~f yeS7 ~7""~e5~/ iesc:ibe the ~2.:t.:::-e o~the fin~'1cial i.."lterest the officia1*-:1 may have in t"is contract? 6. Have you made a contribution of more than $250 wi' the past twelve (12) months to a cummt mettJber of the Chula Vista City Council? Yes . No If yes, which CounciI Member(s)? -~ 7. Have you or any member of your governing. board (i.e. Corponue Board of Directors, Executives, nOD-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a cunenr member of the Chula Vista City Council? Yes No 'I-- If yes, which Council Member(s)? ~(~ 3. Have you provided more than $300 (or an item of equivalent value) to an offioe** of tbe City of Chula Vista in rite past twelve (12) months? (1)Us includes being a source of income, money to retire a legal debt. gift, loan, etc.) Yes No I::. If yes, which Official(s) and what was the namre of rite item provided? ~ Dare: gJBf~ , o~~ Signawre of Conttact:orl Applicant ~~~~/c+'S.~ Print or Type Name of ConttactorlApplicant ~ . I ., Person is defined as: any indi",~.' fiml. co-paltIlership, joint venture., association, social club, fnnemaJ organization, cotporation, estate, tnlsl, receiver, syDdicare. any olber COllllty, city, municipality. district, or othe:r political subdilfision, or any other group or combination acting as a unit. ( "* Official includes, but is nOI limited to: MayOI, Council Member. Planning Commissioner, Member of a Board. Commission or Committee of !he City, Employee, or Staff Members. Pann L - DiscIosure Statement Rebid Package Page 2 of2 SEP-08-00 16038 PROMoHighland Par~nership Inc. 10=6192342970 PAGE 4/7 "f " THE CITY OF CHULA VISTA DISCLOSURE STATEMENT 1r Pursuant to Council Policy 101-01, prior to any aroon upon matters which will require discretionary action by the Council, Planning Conunission and all other official bodies of the City, a statemellt of disclosure of cenain ownership or financial intereStS, payments, or campajgn cono:ibutions 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 pIOperty which is the subject of the application or the contract, e.g., owner, applicant, conrracror, subcontractor, material supplier. Scephen W. Thomp~on. Pre~idenc John S. Myer~. Vice Pre~ident Larry A~ Richie~ Vice Presiden~ 2. If any person'" identified pursuant to (1) ahov~ is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. S~evhen y~ Thompson. Pre~ident John S. Myers. Vice Pre~idenc Larry A. Richie, Vice Presidenc '- 3. If any person'" identified pursuant to (1) above is a non-profit organization or trust, list th~ names of any person serving as director of the non-profit organization or as trustee or beneficiary or trostor of the trost. Not Applicable 4. Please identify each and every person, including any agents, employees. consultants, or independent contracto~ who you have assigned to represent you before the City in this inaner. Steuhen W_ Thomn~nn. Rm~lovp.p. Kevin Cammall. Employee John S. Myer~, Employee Gary Arnold. Employee Larry A. Richie. Employee Jim Summerq. Employee 5. Has any person* associated with this contract had any financial dealings with an official"'* of the City of Chu\a Vista as it relateS to this contract within th~ past 12 months? Yes No X / Fonn L - Disclosure: Staleme:nt Rebid ~ rag<> 10f2 SEP-08-00 16=38 FROM:Highland Par~ner5hip Inc. ID=6182342870 PAGE 5/7 ,'; ~,. 0 If yes, briefly describe the nature of the financial interest the official"''" may halle 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 ChuIa Vista City Council? Yes No X Jf yes, which Council Member(s)? 7. Have you or any member of your governing board (Le. ColpOnlte Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the ChuIa Vista City Council? Yes No X If yes, which Council Member(s)? ,---);, Have you provided more than $300 (or an item of equivalent value) to an office"'''' of the 01)' of ChuIa Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift,loan, etc.) Yes No X Jf yes, which Official(s) and what was the nature of the item provided? Date: Sep~ember 7. 2000 ~~ Signature of Contractor/Applicant Stephen W. ThompRon. PreRiden~ Print or Type Name of Conr.t1lCtorl Applicant . Person is defined as: any .individua!: lnn, co-parmexship, joint venture, assoc:iation. social club, fraternal or&anization. corponuion, estate, trust, receiver, syndicate., any other county, city. lIlUnicipality. district. or other political Sllbdivision. or any other group or combination acting OS a unit. n Official includes. but is not limite<! to: Mayor, Council Member, Planning COmmissioner, Member of a Board, COmmission or Committee of the Qty. Employee, or StaffMcmbers. ',-/ Form l- Disc10sure Statement Rebid Pa<k$ge Plge 2 of2 SEP-08-00 16,38 FROM.Highland Par~ner5hip Inc. 10.6182342970 PAGE 6/7 , .. . THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101..01, prior to any action upon maners which will l"<juite 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 ChuIa Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a flll8llcial interest in the property which is the subject of the application or the contraCt, e.g., owner, applicant. conrractor. subcontractor, material supplier. oJ/A 2. If any person'" identified pursuant to (1) above is a corporation or parmership, list the names of all individuals with a $1000 investment in the business (corporationlpartnership) entity. ..J/~ \3. If any person'" identified pursuant to (1) above is a non-profit organization or ttUSt, list the names of any person serving as director of the non-profit organization or as trustee Of beneficiary or trustor of the trost. wIt.. . 4. Please identify each and every pexsou, including any agents. employees. consultants. or independent contractors who you have assigned to xepre&ent you before the City in this matter. lJ;..~ tot.... ""-I I 'I" F'- ~1ZE1~ l2''''--le- Mu::.. "":>I.U.LL tlJ5.U~ ~+\.1A ~ MltJ~ ~~1 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 ><. .. l.JlA. . ,. Fonn L.. Disclooure Statexnent Robie! Package l'8&e 1 of2 SEP-0B-00 16=39 FROM=Highland Par~nership Inc. ID:6192342870 PAGE 7/7 1<,. 'Y If yes. briefly describe the naIUre of the financjal interest the officjal.... may have in this contract? ~/~ '--..-' 6. Have you made a conmlmtion of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X. If yes, which Council Member(s)? 7. Have you or any member of your governing boaxd (I-e. Corporate Boll(t;! of Directors, El\ecutives. non-profit Boll(t;! of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No;<' If yes, which Council Member(s)? . 3. ,~ Have you provided more than $300 (or an item of equivalent value) to an office.... of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income. money [0 retire a legal debt, gift, loan, etc.) Yes No X. If yes, whiCh Official(s) and wbat was the nature of the item provided? Date: OQ;6 8',/;0 / ,I Signature of Con ~pplicant ~ Preafd'eat Print or Type Name of Contractor/Applicant . Person is defined as: any. individll(' firm. co-partnership. joint venture, associotioll, social club, fratema.l or<'"anizarion. corporation, estate, trust, receiver. syndJeate, any other county. city, municipality, distriet, or other POliticlll subdivision, or any other group or COmbination acting as a unit *. Official includes, but is DO' limi'ed '0; Mayor, Council Member. Planning Commissioner. Member of a Board, Commission or Committee of the City, Employee. or Staff Members. "-"' "onn L - Dioclosure Statemen, ~ebid PacIcage Pl\ge 20rz August 28, 2000 MEMO TO: City Clerk trJ. ,; . K FROM: pattywesp V!~ OfltJl=L- SUBJECT: APPOINTMENT RATIFICATION At the request of Mayor Horton, please place the following under Mayor's Report for the next City Council meeting: Ratification of APpointment to the RESOURCE CONSERVATION COMMISSION pamela Bensoussan pamela is a new applicant, and to my knowledge has never served the City in any capacity. Thank you. 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(1) ::::l =a. art: )>3 cc s>> (1) ::::l ::::l C. o -. s>> (1)"C CIl"C - -. o s>> !:!: o ::::l .... o ., . )> ::J r+ -. o -. '"C Q) r+ CD c. en o :T CD C. C - CD ..., o .., (1 :T C - Q) < -. en r+ Q) ..-of Q) " CD )> C r+ :T o .., -. N Q) r+ -. o ::J PROPOSED CONCRETE BATCH PLANT 1855 MAXWELL ROAD, CHULA VISTA SUPERIOR READY MIX CONCRETE L.P. SUPERIOR READY MIX CONCRETE L.P. 1.508 W. MISSION ROAD ESCONDIDO, CA 92029 (760) 745-0556, (760) 740-9556 (fax) July 5, 2000 City Council City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear City Council: Superior Ready Mix appreciates this opportunity to present our application to you, and hope that you will agree that our proposed project furthers the goals of the Otay Valley Redevelopment Plan and will be a positive project for the City of Chula Vista. I. Superior Ready Mix Concrete. We are a ready mix concrete and rock company, locally owned and operated. Superior was begun in 1958 by Jacob Brouwer who with his family continues to operate the business today. We are one of the largest suppliers of ready mix concrete in San Diego County, and are known for our signature red and yellow mixer trucks. II. Brief Description of Project. Superior Ready Mix proposes to operate a ready mix concrete batch plant at 1855 Maxwell Road in the City of Chula Vista, immediately south of the Otay Landfill. A concrete batch plant weighs rock, sand, cement and water and loads the batch into mixer trucks which then deliver the concrete to the customer's jobsite. The site would be paved. No crushing or processing of rock or any other materials would be done at the jobsite. Following are photographs of the Superior batch plant in Oceanside. A similar plant is proposed for the Maxwell site. A proposed site plan and elevations also follow this letter. III. The Goal of Otay Valley Road Redevelopment Area Implementation Plan is the "furtherance of the area's orderly growth, conservation, amenity and economic development." This project would promote that goal. The operation of a concrete batch plant is consistent with light industrial uses. A concrete batch plant operates cleanly, and particularly in this proposed location, would have a positive effect on the redevelopment of the area to light industrial. -1- Superior Ready Mix already provides a significant amount of concrete to locations within the City of Chula Vista from our plant on Mission Gorge Road in the City of San Diego. Unfortunately, the sales tax on this concrete is currently going to the City of San Diego. We estimate that the sales to be generated from this plant would be approximately $10,000,000. With this plant in Chula Vista serving local needs there will be less traffic, decreased use of fossil fuels, increased competition and more economical building materials. Moreover, the sales tax generated from concrete placed in the City of Chula Vista will stay in the City ofChula Vista, and the property tax base will increase. This project will also provide approximately 25 good paying manufacturing jobs in the City. IV. Proposed location is well suited to the project. . The Otay Valley Redevelopment Plan encompasses 771 acres, and within that area this land is probably the best suited for this project. . The Otay Landfill is immediately to the north. See overhead photograph. . A rise in elevation separates this site from the auto salvage yards to the east; . To the south was a permitted trash trausfer plant, and the property has recently been sold to the Chula Vista elementary school district for use as bus parking and maintenance. The school district does not oppose our request; . The City has recently purchased the "SDGE" property to the west, and plans to conduct its fleet and equipment maintenance operations on the site. . The project will not be visible from Otay Valley Road, (except for just a moment as traffic goes past the Otay Valley RoadlMaxwell intersection) see photograph. . The site has a lower and upper pad making it a difficult site for a light industrial use. However, the site is ideal for a concrete batch plant. The plant would be on the lower pad; the plant height will be mitigated by the 35' height of the upper bank and the elevation of the landfill. refer to site plan . Existing eucalyptus trees will screen the plant. see photographs. . The site is close to Highway 805 so traffic impacts will be minimal. IV. A concrete batch plant is a clean use consistent with the Otay Valley Road Redevelopment Area Implementation Plan. . A stereotype of concrete batch plants being dusty and dirty arises from the common practice oflocating concrete batch plants on the site of rock quarries. . A report prepared by A WR Engineering shows that a concrete plant is a clean use with less than 5% of the emissions of a rock plant and less than 10% of the emissions of a comer gas station or dry cleaner. See following summary of A WR report. . Superior Ready Mix operates a number of concrete batch plants in light industrial areas and near residential areas, and has good relations with its neighbors. -2- . The proposed concrete batch plant will be a use consistent with the planned vehicle and equipment maintenance yards proposed by the school district and City to the south and west of the site. . Our site will be paved, will be watered daily and will be swept periodically. . The plant will have an APCD permit and a baghouse. V. A concrete batch plant is often a permitted use (i.e. allowed without a discretionary use permit) under local zoning codes, showing that it is not a use inconsistent with the Otay Valley Road Redevelopment Area Implementation Plan. . In the County of San Diego a concrete batch plant is a permitted use (without a conditional use permit) in two industrial zones and three commercial zones. (In contrast, a rock plant is never a permitted use without a conditional use permit). . In the City of Chula Vista a concrete batch plant is also a permitted use without a conditional use permit in the I industrial zone. Thus, a change allowing a concrete batch plant on this site is not a major change, and is certainly more consistent with redevelopment than the approved trash transfer plant. VI. Conclusion. This project would further the goals of the Otay Valley Road Redevelopment Area Implementation Plan. Although the plant is not a light industrial building, it will provide more economical building materials, conservation of fossil fuels, less traffic, and sales and property tax revenues for the City of Chula Vista. The plant is consistent with light industrial development, particularly in this location. The plant is a clean use, much more so than the trash transfer plant previously approved for the site. Please keep in mind that approval of the Plan amendment does not approve the conditional use permit, it simply opens the door for that application. If the project cannot be designed so as to meet all of your concerns, it can then be denied on its merits. We greatly appreciate your consideration of our request, and respectfully request that you approve the amendment to the Otay Valley Road Redevelopment Project Area Implementation Plan listing a concrete batch plant as an allowed use with a conditional use permit. Sincerely, ~?~ Arnold Veldkamp Corporate Secretary -3- = = "0 '" '" = Q. e .;:: '" Q. = '" - = .. - Q. "0 '" '" = Q. = ... 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" ~ <: :5 a... ~ G U) Cl <: :5 -.I ~ f-.:. tb (J <: a (J ~ --------- ~-- ,II, _ ~ I : i I ~ilh : ~ ; ; ~ l ~ ~ ~ ~ I t ~ II , I, ,I I !IIUlllinil Q . I I . ~ J I! ~ -II lJi I ~ ;Illldlnllll !!d~un!!!d I < II i! I:, If: " I I; Ii! ~ lJ t @@ @@\1)oll~.D . ~~~~ ""I' ~m 'l;"l;oq;;... :t;i~ ......d....: H ~~fl ~~! ~m -16- EXHIBIT A LDCA TIDN MAP w > <[ w z - ~ >- "" z <[ <X '" VALLEY ROAD APPLICANTt SUPERIOR READY MIX CONCRETE 1508 MISSION ROAD ESCONDIDO, CA 92059 (760) 745-0556 . E. MEDLEY & ASSOCIATES' 760 414-9996 -fIJ % q, p 0- ":L. ;'500' I L SHEET 1 OF 1 NO SCALE ,../ ........- ........- C: ACAD DRAW SUPERIOR LOCATION -17- EXHIBIT B TOPOGRAPHICAL MAP ._+ .-+ "_+ .-+ .-;- .-+ .-t APPLICANT: SUPERIOR READY MIX CONCRETE 1508 MISSION ROAD ESCONDIDO, CA 92059 (7 &0) 745-055& o 2000 ~ SCALE: 1" = 200' B. E. MEDLEY 4< ASSOCIATES' 760 414-9996 -18- SHEET 2 OF 2 4000 I C: ACAD DRAW ? AWR ENGINEERING GROUP Energy and Environmental Engineers Telephone (760) 781-5732 242 West Mission Avenue, 5uite j, Escondido, CA 92025 Fax (760) 781-4093 May 16, 2000 SUPERIOR READY MIX, LP 1508 West Mission Road Escondido, CA 92029 ATTN: Arnie Veldkamp RE: EMISSIONS ASSOCIATED WITH NEW CONCRETE BATCH PLANT AWR ENGINEERING GROUP has completed our study comparing the emissions from SUPERIOR I S proposed concrete batch plant, to be located at 1851 Maxwell Road, Chula Vista, to emissions associated with both existing rock crushing plants and existing hot-mix asphalt batch plants. The report compares emissions from concrete, rock and asphalt plants of approximately the same size, and examines both dust (particulate) emissions and the potential for emissions of hazardous or toxic compounds. As can be seen from the detailed calculations contained in the report, which are summarized in the TABLE below, emissions from the concrete batch plant will be more than an order of magnitude less than emissions from other types of plants typically found in the mineral products industry. LBS/BOUR LBS/DAY TONS/YEAR CONCRETE PLANT Process Emissions 0.6 6 0.3 Area Emissions 0.8 8 0.5 ~OTAL EMISSIONS CONCRETE: 1.4 14 0.8 ROCK PLANT Process Emissions 27.2 272 13.6 Area Emissions 25.4 254 13.8 ~AL EMISSIONS ROCK: 52.6 526 27.4 ASPHALT PLANT Process Emissions 14.3 143 7.2 Area Emissions 6.6 66 3.6 ~OTAL EMISSIONS ASPBAL~: 20.9 209 10.8 SUMMARY TABLE COMPARING EMISSIONS FROM CONCRETE, ROCK AND ASPHALT PLANTS A,ISuporia.OOd&ldl3lVeIlkompl.llldoo In addition, the proposed concrete plant will be subject to the careful scrutiny of the SAN DIEGO APCD's New Source Review Rules, which require Best Available Control Technology (BACT) to be applied to all sections of the plant. The APCD's BACT standards, which are among the toughest in the nation, will require the maximum degree of control technically feasible to be utilized in the design and construction of the proposed concrete batch plant. The APCD' s standards for toxic review are similarly much more stringent for a new concrete batch plant than they are for existing rock or asphalt plants. In addition, the District requires that any risk from operation of the proposed concrete batch plant be less than 10% of the risk associated with: Neighborhood dry cleaning establishments Corner gasoline stations Please feel free to contact me at (619) 232-7004 if you, or others who may review this report, should have any questions regarding this comparison of emissions. AWR ENGINEERING GROUP ~~;4 Senior Engineer A:\Suporicr.OOdskfl3lVeklka"4>1. Iot.doc 2 - ~ "'- .;- '\;'4:.. ' ,. ~ ,~ r-