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Home My WebLink AboutAgenda Packet 1997/07/22 '" declare 'lnder penalty of perjury that I em employed by the City of Chule Vista in the Office of the City Clerk and that I posted Tuesday, July 22, 1997 this Agendel'~"!:Ice on the But/etin Board at Council Chamhers 6:00 p.m. the publiCI services Building ~at Ci~ Hall on Public Services Building DATED,7 11 tJ¡1 SIGNED 1M rÆ~~ Rel!Ular Meeting of the City of Chula Vista City Council CALL TO ORDER 1. ROLL CALL: Councilmembers Moot -' Padilla -' Rindone -' Salas -' and Mayor Horton -' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: None suhmitted. 4. SPECIAL ORDERS OF THE DAY: a, Oath of Office: Robert M. Villarreal - Economic Development Commission. b. Representatives from The Wilson Group will present a report to Council regarding their activities on behalf of the City during the just-completed quarter of 1997, CONSENT CALENDAR (Items 5 through /0) 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 pulled 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 Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. 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 7/15/97 in which the City Attorney participated, that there were no reportahle actions which are required under the Brown Act to be reported. It is recommended that the letter be received and filed. b, LeUer of resignation from the Housing Advisory Commission - Jerry D. Mayfield (Ex- Officio). It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library, 6, RESOLUTION 18735 APPROVING AGREEMENTS WITH VARIOUS COMMUNITY PROMOTIONS GROUPS FOR EXPENDITURE OF CITY FUNDS - MISS CHULA VISTA PAGEANT, GRETCHEN EVANS (LIBRARY CONCERTS), U.N. DAY COMMITTEE, AND BONIT AFEST - During the June 4 budget session, Council approved funding these organizations. Staff recommends adopting the resolution approving the agreements setting out the terms and conditions to receive City funding, (City Manager) Agenda -2- July 22, 1997 7. RESOLUTION 18711 ACCEPfING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACT FOR OPEN SPACE DISTRICTS I, 5, 9 AND 10 TO NEW WAY PROFESSIONAL SERVICES - Bids were received on 6/10/97 to provide landscape maintenance. Existing contracts expired 6/30/97. Staff recommends approval of the resolution. (Director of Parks, Recreation and Open Space) Continued from the meeting of 7/15/97, 8. RESOLUTION ]8712 ACCEPfING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN SPACE DISTRICTS 3,4,8, 11, 14, ]5 AND 24 TO NEW WAY PROFESSIONAL SERVICES AND RC LANDSCAPE - Bids were received on 6/10/97 to provide landscape maintenance. Existing contracts expired 6/30/97. Staff recommends approval of the resolution. (Director of Parks, Recreation and Open Space) Continued from the meeting of 7/]5/97. 9. RESOLUTION ]8736 APPROPRIATING FUNDS, ACCEPfING BIDS AND AWARDING CONTRACT FOR THE INST ALLA TION OF MINOR ENHANCEMENTS AT FIFTH A VENUE AND "C" STREET, SECOND A VENUE AND CYPRESS STREET, RIVERLAWN AVENUE AND KEARNEY STREET IN THE CITY (O735-10-STL-231) - On 6/11/97 sealed bids were received. The general scope of the project involves the removal and replacement of deteriorated street facilities at three locations: Fifth Avenue and "C" Street - removal of tbe existing cross-gutter, placement of aspbalt concrete pavement and crushed aggregate base, and the installation of a curb inlet and reinforced concrete pipe; Second Avenue and Cypress Street; Riverlawn Avenue and Kearney Street - reconstruction of settled cross-gutters, replacement of curbs and gutters, installation of P.C.c. pedestrian ramps, placement of asphalt concrete pavement and crushed aggregate base, and all other installation items of work as shown on the plans. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 10. REPORT OTAY RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS ON "HOLLYWOOD" DRIVEWAYS - On 6/3/97, Council approved Otay Ranch SPA One amendments and a tentative map for the McMillin Companies portion of tbe Otay Ranch SPA One Plan. McMillin proposed amending the Planned Community District Regulation concerning "Hollywood" driveways. Council introduced the ordinance with the market flexibility provisions for Neighborhood R-II on 6/17/97. Representatives from Village Development requested the same market flexibility for their portion of SPA One. It was recommended that the ordinance not be amended for Village Development without analysis by staff. Staff was directed to return with a report on applying the market flexibility provisions SPA-wide. Staff recommends no action be taken at this time. (Director of Planning) ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY * * * END OF CONSENT CALENDAR * * * Agenda -3- July 22, 1997 ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, pLease compLete the "Request to Speak Under OraL Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, pLease give your name and address for record purposes and follow up action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting, 11. PUBLIC HEARING PCA-97-04 CONSIDERATION OF AMENDMENTS TO THE MUNICIPAL CODE TO CHANGE THE DEFINITIONS OF SMALL AND LARGE FAMILY DAY CARE HOMES AND FAMILY DAY CARE - The proposed project is an amendment to the Municipal Code to change the definition of family day care and family day care homes such that they are consistent with recent changes in California State law. Staff recommends Council place the ordinance on first reading. (Director of Planning) ORDINANCE 2710 AMENDING SECTION 19.04.093 THROUGH 095 OF THE MUNICIPAL CODE TO MODIFY THE DEFINITION OF FAMILY DAY CARE AND FAMILY DAY CARE HOMES (first readim!) 12. PUBLIC HEARING PCM-94-04; CONSIDERATION OF A STREET NAME CHANGE FROM EAST ORANGE A VENUE TO OLYMPIC PARKWAY BETWEEN I-80S AND WUESTE ROAD - This is a City-initiated application requesting approval to change the name of East Orange Avenue between 1-805 and Wueste Road to "Olympic Parkway." The intent is to gain approval of the name change of the entire length of the roadway, but to implement only the segment between Hunte Parkway and Wueste Road, which currently connects to the ARCO Olympic Training Center. Implementation of remaining segments of East Orange A venue to the west would only occur as the future street segments are connected through to the east. Staff recommends approval of the resolutions. (Director of Planning) A. RESOLUTION ]8737 TERMINATING THE FIRST CONCESSION GRANTING AGREEMENT WITH EASTLAKE DEVELOPMENT COMPANY B. RESOLUTION ]8738 APPROVING A STREET NAME CHANGE FROM EAST ORANGE AVENUE TO OLYMPIC PARKWAY BETWEEN I-80S AND WUESTE ROAD Agenda -4- July 22, 1997 13. PUBLIC HEARING RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 96- 01 ON TWIN OAKS A VENUE BETWEEN NAPLES STREET AND EMERSON STREET, PURSUANT TO THE IMPROVEMENT ACT OF 19]] - On 5/6/97, Council approved the boundary map for Assessment District 96-0 I. Council also approved ordering the installation of street improvements on Twin Oaks Avenue from Naples Street to Emerson Street pursuant to the Improvement Act of 1911. The first public hearing was held on 7/15197. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION ]8739 MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPfER 27 OF THE "IMPROVEMENT ACT OF 1911" TO FORM ASSESSMENT DISTRICT 96-0], ON TWIN OAKS AVENUE BETWEEN NAPLES STREET AND EMERSON STREET 14. PUBLIC HEARING RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 97- 01 ON OXFORD STREET BETWEEN FOURTH A VENUE AND FIFTH A VENUE, PURSUANT TO THE IMPROVEMENT ACT OF 1911 - On 5113197, Council approved the boundary map for Assessment District 97-01. Council also approved ordering the installation of street improvements on Oxford Street from Fourth Avenue to Fitìh Avenue pursuant to the Improvement Act of 1911. The first public hearing was held on 7/15197. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION ]8740 MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPfER 27 OF THE "IMPROVEMENT ACT OF ]911" TO FORM ASSESSMENT DISTRICT 97-0], ON OXFORD STREET BETWEEN FOURTH A VENUE AND FIFTH A VENUE BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. ]5. RESOLUTION ]874] APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL FOR ECONOMIC DEVELOPMENT COOPERATIVE EFFORTS - Council appropriated funding for the South San Diego County Economic Development Council (SCEDC) in fiscal years 1995196, 1996197, and 1997198. A Memorandum of Understanding (MOU) with SCEDC was approved by Council for fiscal years 1995196 and 1996197. The MOU called for coordinated economic development efforts and required quarterly reports from SCEDC in exchange for the City contributions. Council appropriated current year funds with the stipulation of a required renewal of the MOU with SCEDc. Staff recommends approval of the resolution. (Director of Community Development) Agenda -5- July 22, 1997 16. RESOLUTION 18742 AUTHORIZING AYRES LAND COMPANY lNe., TO CONSTRUCT TELEGRAPH CANYON ROAD IMPROVEMENTS AND EAST PALOMAR STREET FROM OLEANDER A VENUE TO MEDICAL CENTER DRIVE AND RECEIVE CREDIT AGAINST DEVELOPMENT IMPACT FEES - The City Engineer has received a letter dated 713197, from the Ayres Land Company requesting authorization to begin construction of two roadway facilities identitied in the City's Transportation Development Impact Fee (TDlF) Capital Improvement Projects list and begin the DIF credit process. The grading plans have been submitted and approved as of 7118197. Staff recommends approval of the resolution. (Director of Public Works) ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar, Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. OTHER BUSINESS 17. CITY MANAGER'S REPORT<S) a. Scheduling of meetings. ]8. MA YOR'S REPORT(S) a. Ratification of appointments: Charter Review Commission - David L. Potter (to till vacancy created by Commissioner Reid, whose term expired on June 30, 1997); Child Care Commission - Rae Correira (to till vacancy created by Commissioner Cavanah, whose term expires June 30, 2000); Design Review Commission - Alfredo Araiza (to fill vacancy created by Commissioner Duncanson, whose term expired on June 30, 1997); Growth Management Oversight Commission - Walter L. Fisher - Southwest Rep (to fill vacancy created by Commissioner Allen, whose term expires June 30, 2000); and Manuel R. Aguirre - Development Rep (to till vacancy created by Commissioner O'Neil, whose term expires June 30, 1998). 19. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on August 5, 1997 at 4:00 p.m. in the City Council Chambers. . A Special Joint Meeting of the City CouncillRedevelopment AgencylHousing AlithoritylPublic Financing Authorityllndllstrial Development Authority will be held immediately following the City Council meeting. ... decl8re lIoder penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and thst I posted this AgendaIN"'ice on ~he Bulletin Board lit the PUDic/ï;~? BuiI"in~ ~nd et City Hall 0"' Council Chambers Tuesday, July 22,1997 . . . 7 ~ SiGNED DI¿y- ,h Public Services Building 6:00 p.m. DATED, (immediately following the City Council eeting) Citv of Chula Vista Citv Council CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of.ßlJgJ action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of.ßlJgJ action taken, and adjournment will not be videotaped, Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING: - Existing litigation pursuant to Government Code Section 54956.9 e Jones Intercable v, City of Chula Vista. 8 Wolfe v, City of Chula Vista. e Griffin v. City of Chula Vista, 8 USA v, the City of San Diego, CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Goyernment Code Section 54957.6 e Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented, Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented, 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION July 16, 1997 TO: The Honorable Mayor and city coun~ FROM: John D. Goss, ci ty Manager~ ~ ./Þ SUBJECT: city council Meeting of July 22, 1997 This will transmit the agenda and related materials for the regular city Council meeting of Tuesday, July 22,1997. Comments regarding the written Communications are as follows: Sa. This is a letter from the city Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 7/15/97 in which the city Attorney participated, there were no reportable actions required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 5b. IT IS RECOMMENDED THAT JERRY MAYFIELD'S LETTER OF RESIGNATION FROM THE HOUSING ADVISORY COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. JDG:mab ~~~ ::-.11.1.:::; --- -- OlY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: July 16, 1997 To: The Honorable Mayor and City Council 2r-/~-- From: John M. Kaheny, city Attorney ~ Re: Report Regarding Actions Taken~ Closed session for the Meeting of 7/15/97 The City Council met in Closed session to discuss labor negotiations. 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: 19k C:IHlelossess.no ~-/ 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 t,&"""""""'-"'* ------- - -.-- - ----...-- --... .--------.---.---.-..- ----.---------- RECEIVED '97 J116 A8:O3 8n 8{ CHULA VISTA LERK'SOfFICF July 15,1997 TO: Beverly Authelet, City Clerk FROM: Armando Bueln~ssistant to the Mayor and Council SUBJECT: RESIGNATION FROM THE HOUSING ADVISORY COMMISSION This is to inform you that due to conflicts with his work schedule, Jerry D. Mayfield has verbally resigned from the Housing Advisory Commission. Please place this item on the next available agenda to allow the City Council to formally accept his resignation. ab co: Juan P. Arroyo, Housing Coordinator Alicia Hernandez, Administrative Office Specialist WRITTEN COMMUNiCATIONS Ý' co &~(¥) I~ ?P~ 97 ø;'í! Y Sb// ~J ft, ~ ~ :;--.L-:; ---- -- CllY OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY DATE: July 22, 1997 TO: The Honorable Mayor and city Council FROM: Glen R. Googins, Deputy City Attorne~ SUBJECT: Redevelopment Agency Agenda Item No.5 - Joint Resolution Approving an Agreement with the Law Firm of Stradling, Yocca, Carlson & Rauth to Provide Bond Counsel Services and Authorizing the Mayor to Execute said Agreement Staff requests that the above item be pulled from the July 22,'1997 Agency Agenda in order to allow for finalization of the contract. GRG: 19k cc: sid Morris John Kaheny Bob Powell ~~,. ()a ~ 1Qc~,- " Kl{-R-n: C f..-¡ C,,-", ~L 'r ~' cj . @..~li'U ,-,,--i ~z¡ ZU-f.. U¿ ~- ~<-- ~ 276 FOURTH AVENUE. CHULA VISTA, CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585.5612 '¡;"""""""'-'- r"'M""""" I~~~ ~,~,..~, vø~r- ~nn T_nnse SrlmH CHUUC""U <UHULU"_'" Have ,,",eeH COUNCIL AGENDA STATEMENT Item Ú7 Meeting Date 7/22/97 ITEM TITLE: Resolution / g? 3~ 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) ~ree~nt wiili U. N'~O~ittee Agreement with Bonita e t SUBMITTED BY: city Manage~ ~ 4/5 Vote: Yes- No-L /1 The 1997-98 budget includes t funding of various community promotions organizations. The Council considered requests from these groups during the budget session on June 4,1997 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 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 1997-98 budget, the City Council has always been very supportive of community promotions activities and funding has remained fairly constant over the years. Due to fiscal constraints, however, the budget for some of these activities was reduced last fiscal year, and those same reduced amounts have been approved in the 1997-98 budget. In order for the organizations to receive their funding, the attached agreements need to be executed. FISCAL IMPACT: Funds are included in the 1997-98 community Promotions activity to support the above events. &--/ RESOLUTION NO. Jf)73S- 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 1997-98 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 e 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 John D. Goss, City Manager c: Ir.lco.pro.. ¿-:z 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 , 1997 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the MISS CHULA VISTA PAGEANT; tl1.T.!'!lL~â~T!:!-,- 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: 1. The Miss Chula Vista Pageant agrees to sponsor the "Miss Chula vista" 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 "Miss Chula Vista" Contest in fiscal year 97-98. 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 97-98. 1 ~-:J - 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 7-1-97 through 6-30-98, 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 9-£- a~ Mayor of the City of Chula vista ATTEST Chairman City Clerk Approved as to form by 2 ~-r 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 day of 1997, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City" and GRETCHEN EVANS LIBRARY CONCERTS, hereinafter referred to as "Gretchen Evans"; Nl.TN.!L'iâ,ET!:!... 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 'ánd 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 1997-98 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 1997-98. 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 t>-S- 5. That the term of this agreement shall be for a period of one (1) year, from 7-1-97 through 6-30-98, 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 . ~w/ J/. ¿;,~ Mayor of the City of Chula vista Gretchen Evans ATTEST city Clerk Approved as to form by ~ .". /~ ) ci torney ~ C:\ag\GrUvans 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 , 1997 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"; NJ.1:NEââE1:H1. 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 97-98. 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 97-98. 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 7-1-97 through 6-30-98, 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 ATTEST City Clerk Approved as to form by 2 &-ð 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 , 1997 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the BONITAFEST COMMITTEE, hereinafter referred to as "Bonitafest"¡ N.lT!L!L§'â~TH-,- 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 7-1-97 through 6-30-98, unless further modified to include other permitted expenditures of funds that are appropriated by the City Council. 1 &;-9 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 .t.J!Mv CZ ,Cf1...-~ - ¡J/U4- 1S..1A,{ Mayor of the City of Chula vista Chairman ATTEST City Clerk Approved as to form by Ci~~ go~ c: \AG\ßONTAFST 2 ~ -/¿J CITY COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 07/22/97 ITEM TITLE: Resolution: /f(? / J Accepting bids and awarding landscape maintenance contracts for Open Space Districts 1, 5, 9, and 10 to New Way Professional Services SUBMITI'ED BY: Director of Parks, Recreation and Open spaceCy: REVIEWED BY: City Manager (p~\\) (4/5ths Vote: Yes - No..xJ f,¡ Request for bids to provide landscape maintenance services for Open Space Districts 1, 5, 9 and 10 were let on May 28, 1997. These districts went out to bid because their existing contracts expired June 30, 1997, RECOMMENDATION: That the City Council adopt the Resolution, accept the bid. and award the contracts to New Way Landscape: District Contractor Amount I New Way Professional Landscape $15,798.58 Services 5 $11,731.80 9 $21,120.76 10 $31,073,80 Total " $79,724.94 BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: This item was carried over from the Council meeting of June 24, 1997 for further bid analysis. In the interim, landscape maintenance has been perfonned in these districts via a one month extension of the existing FY 96-97 contracts. Bids were received by the City's Purchasing Agent on June 10,1997 to provide landscape maintenancefor Open Space Districts 1, 5, 9 and 10. Following the formal publication of the Notice to Bidders, forty-eight (48) potential bidders were contacted, including five (5) Chula Vista vendors. A total of 10 contractors attended the pre-bid conferences and tours conducted on May 28, 1997. A minimum of three companies submitted bids for each cluster. All companies submitting bids are now performing landscape maintenance for the City. The proposals submitted reflect a competitive bidding process. Chart A is a sununary of the bids submitted for Open Space Districts 1, 5, 9 and 10. [NETWORK-=-PARKSREClA113\0LD97\OSAwniCt.A13.Ju1y 16, 1997] 1 7-/ RESOLUTION NO. / ~7/ / RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACT FOR OPEN SPACE DISTRICTS 1, 5, 9 AND 10 TO NEW WAY PROFESSIONAL SERVICES WHEREAS, the following three bids were received on June 10, 1997 to provide landscape maintenance for Open Space Maintenance Districts 1, 5, 9 and 10: CONTRACTOR BID AMOUNT New Way Landscape $79,724.94 RC's $81,500.00 Alvezia $174,588.47 WHEREAS, the low bid for this bid cluster was submitted by New Way Professional Landscape Services, who is the current contractor performing landscape maintenance in Open Space Districts 3, 4 and 8 as well as Open Space District 20 SPA's II and III; and WHEREAS, the bid submitted is 6.57% less than the contract price for the current fiscal ýear and staff believes that the contract low bid is fair and reasonable, and should be accepted; and WHEREAS, staff recommends that Open Space Districts 1, 5, 9 and 10 be awarded to New Way Professional Landscape Services for the yearly amount of $79,724.94; and WHEREAS, the terms of the agreement provide for a one- year contract and three one-year options with options contingent on the City's satisfaction with the level of service and the new contract price will be based on the annual CPl. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby accept bids and award landscape maintenance contracts for Open Space District 1,5,9 and 10 to New Way Landscape in the amount of $79,724.94. Presented by Approved as to form by Jess Valenzuela, Director of Parks and Recreation c: \rs\osrenew.10 7~3 RESOLUTION NO. /~7/ I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACT FOR OPEN SPACE DISTRICTS 1, 5, 9 AND 10 TO NEW WAY PROFESSIONAL SERVICES WHEREAS, the following three bids were received on June 10, 1997 to provide landscape maintenance for Open Space Maintenance Districts 1, 5, 9 and 10: CONTRACTOR BID AMOUNT New Way Landscape $79,724.94 RC's $81,500.00 Alvezia $174,588.47 WHEREAS, the low bid for this bid cluster was submitted by New Way Professional Landscape Services, who is the current contractor performing landscape maintenance in Open Space Districts 3, 4 and 8 as well as Open Space District 20 SPA's II and III; and WHEREAS, the bid submitteq is 6.57% less than the contract price for the current fiscal year and staff believes that the contract low bid is fair and reasonable, and should be accepted; and WHEREAS, staff recommends that Open Space Districts 1,5, 9 and 10 be awarded to New Way Professional Landscape Services for the yearly amount of $79,724.94; and WHEREAS, the terms of the agreement provide for a one- year contract and three one-year options with options contingent on the city's satisfaction with the level of service and the new contract price will be based on the annual CPl. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby accept bids and award landscape maintenance contracts for Open Space District 1,5, 9 and 10 to New Way Landscape in the amount of $79,724.94. Presented by Approved as to form by Jess Valenzuela, Director of Parks and Recreation c: Irslosrenew.10 7~3 ".. I¡'" ~ I !I;I ~ ~ ¡In!! \~ ~:z II'I~I ~ n.. IIi I!! i ~ ~ - I! I:~: 0'" II!!:: ... 5l / ii:'~ n ~ ~ r .II.!¡ ¡!! II!- jK n ,1,< ~... ~ ~ ..... - ~ . ,"'. "~ ~ ',. - J. : i~ r ~' , .. I ~ ~ ~ ~ i I II ~.' ~ I" i 8. Ii .' ;¡\'<~.Þ- ~I I O~é.N SPACE DISTRICT NO.5 OF THE CITY Os: CHULA VISTA OPE~ SPACE DISTRICT 5 ~IICI""" & O(.r,c~ 01' r-! sC'~r-"'CST C\;,,.'C8 C' "'J,,.'c- Ster,c" TO ~..~ tor( ::rtWi¡r ~"I' " ~..t¡. 111m' I' Cf to( 1:".(..0 C! U '_"n. ,: ,.. III' :' "",,1 ';111. I~'::" " 1M III'.. Iflf! " l'U't'::II, ";,;:,, II"" "i't;.t 11'. III :1~ I' '~"t. ..., ",I 1< to( "OItl " tor( I....." 11(101;(1 ':f 1111... 111\1 tQ¡",. -.;;-:-[ . 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""';:"""'~'::-~_-::':::Ñ-- . . ~ "'C~ ::'2"f;:.'-.;æ."":'O".. , - \' =--- . . / ~ z OIl ... > n '" ;: OIl -t æ n -t ø ~ ~ . <""f" '<""f" '" () :::r - 3 þ - " ..,~ :::: :.::: ~ ::~ ~ : ~ '.: -:: :"~: : ~:~ oil" M."'" -- t:<1i1I mI WI. C . .:::J ?- ~ '::;;;:"~""I~~;~ ... - .'- _4 .-., ,u.'",::.~ ¡I",.J" ::.;.~! -::::-..." ".'~~;-""" - :.~_. \ s..UT , C' 1 OPEN SPACE DISTRICT NO. 10 .... OF THE CITY OF CHULA VISïA (PHASE I) HIC"':;OO . I'JI"'" ~to( 061 "41 (I ¡,;,>117 .:11]1 \I. 1I.~(IT ~ ~ ~ IC¡~ C. 111: I\( V'iJo' ..:1117 ~ U!I~. .. (III( '""~ X ~ ""I~. '" II( ellf., """' "tU. œ¡n ~ ~- ,I... ".~ . ....:n.... CKllot. ~,." '«7 .c. 116"';¡ ,,-,~ '" ';:.1 I> "I: ~'a:" II( 'U:'" ~CtQ.l (I "It '... QIU ~.rr. ji-.::;: .: )- I C) / 1 -- I '.o1Ie, ", u.; , ~" O, IL.C 1e!... :¡ I IC.C 7'" ,.'" ......=-,.- .. " ..... ,... - Ü ;~.~ ::"f':~~'~ 7.:-..-:"::-:";::- .""" '-"" M~;~~~' :::=::~~==:::.."¡',= ~~_i. -" . 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"":' ""'" "~I i" "'!....J c:¡ IJ1¡'j"""'J!f'lllhll!¡"I!I'fl"'./iJI'""", ~ "I'If'OI¡""'!'" "I'.. J "J ;, ~2 ..¿ '!~:!I'II!¡JIJJ¡:¡'J¡¡""¡¡:illll.;~ " - 0 ~ ,.hH" , . c.. <2 U III 0 '" "- " " - 00 I :y: ~ g q '; i.!! t w ~ >- J:r .:.'1 ~ ¡J i;.¡ I, ~ U' I ". ¡;¡> o. . - "', 'I . o.~ - , '.' ".. . "'¡:: u .'" ::: Cf) W '" 23 I u W ~ ~ D... v. 0 % '" c.. . ',' c "' nl: .. ~ ; III I . t I i : i n I . . . I i . ; : t ã j ¡ ~ i . . I . ì : ; : . t H \ \ ....~.... ~- ~ -.-\ --.-.-.-.- \\1'- -, \ ( -'-".-" II \ I . 1"1 , . '\ S, toll ID toZI'. \ n I!'!!I " I" "'I'I , ~ illI11 I "i ....." ,,' ,¡"j' I' r" -.' 1'1" l' . , ¡ \ ~!nP. It fih~"'" ;¡I:lllrtiHI~¡¡\.;1Í11 I¡ii~¡!'!!¡ I" i\ I J !t (!JL C. oJ,,"i\£1 111"1'1"(1,11"1 II....,¡!I I \ I \ I; ¡:I\"=' tIll Ii II!:! ihWr¡;¡¡;"i't'¡:¡iiU¡!;lt" : ,Q r¡\' 1\'\\ IIIL1"III",'.\I} ¡.-t"'I' I' ,., "1 1",1 ,. "" ¡ , ; \ I Ii, ¡ , hlil i,¡¡,lilt"" I ",¡""t" \ \ \ i\\;~!! II 'm ,\!¡!;\niU" ¡lmnl~ìt \ \ I I ' ~L "ill hhl\I'!i,l!l hllml!!¡ i 11""&'1""110:1 I Hil l¡l! \11\ ¡lit t '!i!!lt iti ! i!¡ 'hi: It 11' ~i-i Ii '~i Iii \.< I:! it I H!ï ,i ¡i , , I!: \Iit' II III \¡¡I n ií. ã I I.. 1 II [I ¡It.. It 0 . . &1 ." '" % VI ." > , 0 '" " 'I ., 0 .-, " .' ~ . . . , - " ~ . t " - . ~ ¡ I Õ ~' l :1 \ I 'I ni : ¡IV I ! I I . I H¡§ I~I - ~:: I : 31. I i ¡',I I - ;W ] I ~ m r g ¡;;: . I ~ . ',I . I . . ! I ~ ¡I I . ¡ : I" 11' ""l "I'II~ ' ...10.-- .. ,I \(1- ' .- Ij II 1'-'1. ~~ - ~--------------------- , . ~(; -,'- ;~ \ . : I . ALL proposals MUST have the AREA PRICE clearly listed in cost per acre (or square feet) per year as well as the TOTAL PRICE in the right hand column. Submitted proposal prices must be discemible, perceptibie and reasonable. There must be a correiation between iabor intensity and bid price. The follòwing is an example of an unacceptable proposai submittal: "~ "."',,, '.. .~ "p~Rlnn I~~~i AREA PRICE TOTAL "",.""", ....'.".".i."'. $IACRElYRor PRICE IT....C '.. "."..., $/SQUARE.FOOTNR A Approx. 50 Eucalyptus 1 time 1 $1.00/50 trees year $1.00 t' trees to be cleaned. yr. shaped at direction of Open Space Coordinator. (Unsupervised trimming will not be paid for). Wort< to be peñonned during month of November. A 1 5.0 acres of high visibility 1 yr. $1.00IACNR $5.00 1 maintenance parkways, medians and monuments. A 2 4 acres of lawn area 1 yr. $1.00/ACNR $4.00 A 3 3 Acres of irrigated 1 yr. $1.00/ACNR $3.00 erosion control slope plantings A 4 2 non-irrigated acres of 1 yr. $1.00/ACNR $2.00 re-established natives A 5 1 acre of non-irrigated 1 yr. $19984.99/ACNR $19,984.99 undisturbed native siopes. TOTAL OSD "A" $19,999.99 D,'st~~v~ lYJ I Ç', :2Y 3 ,- BID SiGNATURE FORM Ucensed In accordance with an Act providing for the registration of Contractors, Ucense No. /' '" , - " Ucense Expiration Date q - q ? Contractor's State Ucense Classification r ~ d ì REPRESENTATiONS EXPRESSED HEREIN ARE MADE UNDER PENALTY OF PERJURY (if an indJvidual, so state. If a firm or co-partnershlp, state the firm name and give the names of all individuals, CQ1)artne... composing the firm, if a corporation, also names of Presiden~ Secrelaty, Treasurer and Manager thereof, and affix the Corporate Seal thereto.) ~ . , .. r :s " ",- "".,""...., _tÝG n' J4¿ ~,-1£. ~jã.-. .'4.< ADDRESS 9/1:S ~~"-' ,'C2_f.~/"'¿1 R.4 ~ ')- /" =r ,= ) .n~A -.-A , '-.-« ' !./ / 00- ./ CITY STATE ZIP 1-,' ,f..., ,;> '") ~ d Yt. . " ý '. TELEPHONE" t .t:t. ~ ":" ..' . - éf 7/ '!-FAX ø-£.. ...:'--' '¡-;:>..,.:" '~/)_-""/1 . ,"¥: PRiNT NAME (0 vI::; ;-, /Y.;:... . ,HbliflTLE C':> &J /./,,~. , 1/ " ,/ ,:>, -? SIGNATURE :..,... FI , DATE (. ~ / '"" ,.-' ',..... OJ -:.. "." .' <" 1/ TAX IDENTiFiCATiON NUMBER ~ .o~) 0' - '-' ,..;)...~. C 6 . > - .'. A¿tvtA\~ b~ BID SUMMARY ß,.) ~~ .- " I / :3 ð7r 0 )5'-1 '7~'" a.l- Open Space Distrld 14 $ $ 5- ,,11 0 1.{ Q"3 . 6'8 Open Space Dlstrid 15 Open Space DIsIrict 24 $ 7"tJ(J, (pCj50' ~4 I' - GRAND TOTAL OF THE ABOVE $ / ¡). s: flf) J. ~~ , "l 6 . 9 4 } PAYMENT TERMS % DAYS .. Prompt payment discounts offered of less than fifteen (15) caiendar days will not be considered In evaluating bids for awanI. ~. offered discounts of iess than ifteen (15) days may be taken if payment Is made within the discount period. in the absence of discount tenns. Invoices shall be net thirty (30) days from the data of materlaVservice acceptance or invoice receipt. whichever Is later. 7 .. '... ~ 4 3rÇb 0 <Ç1 f+ If.) ItN -A-c~£. . '. BID To the HonOl'lble MIYOI' end City Council of the City of Chul8 Vista. : The und8rligned decI.... the! he carefuiiy examined the pi&n8 and &peclllcatione for: ; lANDSCAPE t.wNTENANcE oÞ OPEN SPACE DiSTRICT(S) l' . NUMBER 14, FOR THE PERIOD A JULY 1, 1997 THROUGH JUNE 30, 1998 C TlI,.L.. and that he ha examined the location of the proposed work and ha read the accompanying Inl1rUction to bldd- ß ll:) p~ I Ct.- " and hereby prop0888 to furnish ali material.. and do all the work required to campieta the 88id work in accordance with 88id pi-, lp8Cification.. and Special Proviliona for the urùt price or lump 111m eat forth In the foIiowing achedule. PROPOSALS 1/IIILL NOT BE ACCEPTED FROM BiDDERS WHO DO NOT ATTEND THE PRE-8iD CONFERENCE. The contnlctør h88 THR~ HUNDRED SIXTY-FIVE (365) Calendar daya to campieta the initial project period. Y!l!U 14 1 Approx. .563 -.. along Eat 1 ye.. S/Id- ]dP"-o ;)..q If:2.ql H Sl and Conal Canyon Rd. parllwaya, and mecian islancla along Eaat H Sl 14 2 Approx. .01 _n turf Eat H 1 year S " CC) ¡?ðD ,,97 Sl median 14 4 Approx. 4.61 acr.. controlled 1 year $ , () (¡;¡ : 3.5ðÐ :l LI oeJ,7'1 natural open &pace 14 5 Approx. 22.51 _n natural 1 ye... $ .()Oef- ;) ;;'¿¿rIJ 19 bl.o7 open &pace Unils2&3 ,,;¿.] ~ c77Ð 14 1 Approx. 0.2 _es, Lòt A 1 year $ ).003,;6 edjacent to 580 Conal Canyon 14 1 Approx. 0.7 -", Lot B 1 ye.. $ ,,/3 7' ¿J')r¿J 3'1 "3.q~ adjacent to 690 CoITal Canyon 14 1 Approx. 0.6 - Lot D 1 ye.. $ , II ~¿) ;¡ e7/.1,Cf' adj-.t to 510 Corral Canyon 14 1 Approx. 0.3 - Lot E 1 ye... $ ,;J? .3 ,.)"àD 3~)8. 3{, adjacent to park 14 3 Approx. 5.6 acr.., Lot C 1 year $ I ð ;; S- (;rp>-[) 4876.ìJ.. adjacent to 1715 Sunny Creal, South Point, Corral Canyon, Arbor Creek 8 ~¡j\J~~~ s~""¡ ~.éééé >é i .~ I>".T'" i .. ........<.i><........'.". > >. .'......'...". '.........' ..> I~~.< '...'...i.... ..'..... ........... 14 3 Approx. 3.8 acres. Lot F .1 year $ ~? r;). 3~ '~31().5'b adjacent to 475 Corral Canyon 14 3 Approx. 2.6 acres. Lot G 1 year $ ,,03 :s~ :3 3Cì7. "8 adjacent to 518-1/2 Trailridge " 14 3 Approx. 0.6 acres. Lot I 1 year $ I'tJÓ ~ J.oQO. s8 adjacent to 1698-1/2 Country VIstas 14 3 Approx. 0.5 acres Lot J 1 year $ ~ 1J( c2 c)Ÿ"iJ I q bo.;}O adjacent to 1699 Country VIstas 14 5 Approx. 44.4 acres. Lot C near 1 year $ ,8 oJ ~S-ðV 38'8.13- Sunny crest and South Point 14 5 . Approx. 7.3 acres. Lot F near 1 year $ " t) ( Òt c:'P '""'D 317't.S8 . Country VIstas Lane 14 5 Approx. 12.0 acres. Lot G near 1 year $ , úb3 ;) cf)'"2) \ 5"'3. If.. Trailridge 14 5 Approx. 2.9 acres. Lot H near 1 year $ " Ô t~ I S- cj-7) , J. Co . 3 )... Trailridge 14 2 Approx. 0.1 acres tuñ. Lot D. 1 year $ ;7 ¿;() south of Pari<. along Coltridge. ;J , ~/ () , 6SLI.S"~ Lot E adjacent to pari<; center I u . median on Thorton. and adjacent to 398 Canyon Ridge 14 3 Approx. 0.6 acres. Lot K near 1 year $ , Ú f) d ¿jI¿) 10'10.8 ß Lots 227-230 YD!ti ".], ~ c.7ì;D ). '}'1 ç., q '" (...' 14 3 Approx. 2.292 acres. Lot i 1 year $ 14 5 Approx. 12.216 acres. Lot I 1 year $ ' ð) (f -~õH '2.1~8.Ç).. 14 3 Approx. 2.292 acres. Lot J 1 year $ . (;:3 r3' .r-~-' ~ 'I q 5. I Ct '- ;; l-) 14 5 Approx. 3.111 acres. Lot J 1 year $ ~D6'1 £¡þf) - 5Lfi. ÐG.. 14 3 Approx. 0.284 acres. Lot K 1 year $ ,/C::, ~_ ./ ~7lf.37 14 5 Approx. 14.155 acres. Lot K 1 year $ . (; _! ~l () $-æ-D ). L (.'.n 14 3 Approx. 0.321 acres. Lot L 1 year $ , ( '-I' é) 4Jtr6; I <J S7.)') 14 5 Approx. 7.906 acres. Lot L 1 year $ , I 'f ;) ð1J é) <i8213.95" 14 3 Approx. 0.141 acres. Lot M 1 year $ I () f; I j Jì) ,. I L.¡ . 14 5 Approx. 2.668 acres. Lot M 1 year $ 1.3 -ì, 5"ð7;~ ?/8351.97 9 ,. -. ~i:iii i~~ ,i "",, ,"" ",' ,,',,' ,:' Unit 5 14 3 Approx. 1.91 acres. Lot N 1 year $ ...03 é) õtrD Jt.i ~s:qq 14 5 Approx. 23.334 acres. Lot N 1 year $ é) .2.22 ~ S-ð1J 5lI.,3B 14 3 Approx. 2.684 acres, Lot 0 1 year $ ,;¡ 9' 3S-ð-D 33 q oS', 3(.. I' 14 5 Approx. 8.139 acres. Lot 0 1 year $ ,'~ð I ¿;,'--ð'"t) 3!)'i.~3 14 3 Approx. 2.68 acres, Lot P 1 year $ .. 0 .,,; c¡ 3S-ð7:> H8Ç...,Ø 14 5 Approx. 7.775 acres, Lot P 1 year $ ,00 ( S-ð"ZJ 338.&£3 14 5 Approx. 1.39 acres, Lot a 1 year $ ' () 0 8' S CJê) lfet.t.3'1 14 5 Approx. 2.812 acres, Lot a 1 year $ ,t) /~, /SòÐ i4'c¡,g<1 . . YD!!..§ 14 3 Approx. 0.882 acres. Lot R 1 year $ ...tJbS' èìS-cJD ).1. ~1.'lq 14 5 Approx. 8.763 acres. Lot R 1 year $ I Cio I .3 '-~ o-V 4<H"l3 14 3 Approx. 0.28 acres, Lot S 1 year $ ,1/ '7 / S' Õ7J Iti')."1.03 14 5 Approx. 0.601 acres. Lot S 1 year $ , 0 I 9 ...'J""'ð"'"Ð i.t Q7. 'II 14 3 Approx. 0.905 acres, Lot T 1 year $ . j /' Ò) ð-i)1) 2.159(.).b , , .' 14 5 Approx. 3.783 acres. Lot T 1 year $ , (.:' ( ..::., ,) -,.:~) 1(" 47.87 Y!!i!.l 14 2 Approx. .04 acres of turf on 1 year $ / .,/r( ('~ .I:,;r-.:.'¡ lìI.3.~8 the southwest cornsr of Crestview Dr. and Country Vistas Lane at the Rlalto monument 14 3 Approx. .82 acres Lot R slope 1 year $,07'1 Ç), o"¿jtJ (998.53' maintenance 14 3 Approx. .27 acres Lot 0 slope 'ì") I ~-.:J'"iD I L. q 3.t, 7 1 year $, / ç., , maintenance 14 3 Approx. 5.26 acres Lot V slope 1 year $ ,öè.</ .~ S- õD t.t e I \ . ,,~ maintenance 14 3 Approx. 6.2 acres Lot W siope 1 year .$ , tJ / 8 ¡þ-'- fi) D ~8'30 maintenance --:" <) 14 5 Approx. 10.3 acres Lot V 1 year $ ,ûD(í ( . (1" {) ¿.¡Cl3.5"3 natural open space -..:. v 14 5 Approx. 40.89 acres Lot W 1 year $ ( ."" '-.- :' ¿. :; Õ¡-V 2f3Jf'UI7 naturai open space 10 . one Approx. 10 trees to be $ time b1mmed. cleaned and shaped / ¿)ð7J (OC)O.OO at the direction of the Open I . Space Coordinator. (Unsupe¡vlsed b1mming will not be paid for.) Wor1< to be performed during the month of November. TOTAL OSD 14 $ / Ô/tJ ). SLl?').(q, 8J- 11 .. ~ ,,¡ Sunvnary of fertiiization requirements for Open Specs District 14 (excluding the 6th turf fertilization) ANALYSIS # BAGS 31-0-0 303 15-5-7 (shrubs, groundcOver & trees) 750 15-5-7 (turf) ..' 4 34-3-7 2 22-3-9 1 I' This colurm for caicuiatlon purposes only. Total District Bid (above) is to include fertilizer costs. . See attachment to SpecIficatIons for description of various Open Space Maintenance Areas. 12 BID To the Honorable Mayor and City Council of the City of chula Vista, The oodersigned declares that he catefuliy examined the.Plans a,nd specifications for. :\- ,.\ LANDSCAPE MAINTENANCE OF OPEN SPACE DiSTRlcT(S) pt- "j bi; NUMBER 15, FOR THE PERiOD Sk..J JULY 1, 1997 THROUGH JUNE 30, 1998 " and that he has examined the location of the proposed work and has te8d the accompanying' instruction to bldders,and hereby proposes to furnish ail materiais, and do ail the work required to complete the said work in accordance with said plans, specifications, and Speciai Provisions for the un" price or lump sum set forth In the following schedule. PROPOSALS WILL NOT BE ACCEPTED FROM BiDDERS WHO DO NOT ATTEND THE PRE-BID CONFERENCE. The contractor has THREE HUNDRED SiXTY-FiVE (365) Calendar days to complete the Initlai project period. 15 1 Approx, 0,44 aaes 1 year $ ..07$ .I Y :T[: I 1.1 q~. qB Canyon Drive entry 15 2 Approx. 0,13 acres lawn 1 year $ 13)7 / g"¿,)¿) 17QÇ.11 ate with automatic irrigation (turf Canyon Driva) 15 3 Approx,. 0,987 acres siope 1 year $ ~O;;2 / (-) )'c') QSB.9t. maintenance 15 5 Approx. 4,03 aaes of 1 year $ t', (! ¿ q ') (~'::' bß'I.G.3 natural open space ' ,...J. TOTAL OSD 15 $ .~~, :'l'é) ~9"3.)8 13 Summ8Iy of fertiilzation requirements for Open Space Distrtct 15 (excluding the 6th turf fertiiization) ANAl.. YSiS # BAGS 314-0 10 15-5-7 (shrubs. groundcover & trees) 2~ 15-5-7 (turf) 3 34-3-7 1 22-3-9 1 I' This coiumn for caicuiation purposes only. Totai District Bid (above) Is to include fertiilzer costs. . See attactvnent to Specifications for description of various Open Space Maintenance Areas. 14 BID To the Honorable Mayor and CIty Councii of the CIty of Chula Vista. +vf.\ The undersigned declares that he carefully examined the plans and specifications for. A L \,~ LANDSCAPE MAINTENANCE OF OPEN SPACE DiSTRiCT(S) ~\\6V NUMBER 24 FOR THE PERiOD (?t- JULY 1, 1997 THROUGH JUNE 30, 1998 and that he has examined the location of the proposed work and has read the accompanying Il18truCtion to bidders, and I' heleby proposes to furnish all matetlals, and do all the work required to complete the said work in accordance with said plans. specifications, and Spedai Provisions for the un~ plIce or lump sum set forth In the following schedule. PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE-BID CONFERENCE. The contractor has THREE HUNDRED SiXTY-FIVE (385) Caiendar days to complete the Initial project perIod. I S ..s-(.7[) 5t{ÇO.:2.3 24 1 Approx. 2.72 acres of slope 1 year $ "Ô'/fcJ and entry area maintenance along East H SI. and Rutgers 24 2 Approx. 0.03 acres of turf at 1 year $ , ' i./ :) / - --..,-, (~oðJl Rutgers and Carolyn near I, ( . 6 I.) oJ :...; entries ~ TOTAL OSD 24 $ /~ b'l 5ð ,t.{q 15 Sunvnary. of fertilization requirements for Open Space District 24 (excluding the 6th turf fertilization) ANALYSIS # BAGS 31'()'() 19 15-5-7 (shrubs. 9roundcover & trees) 48 15-5-7 (turf) . 3 34-3-7 1 22-3-9 1 This column for calculation purposes only. Total District Bid (above) Is to Include fertilizer costs. e See attachment to Specifications for description of various Open Space Maintenance Areas. 16 TENTATIVE SCHEDULE FOR MAINTENANCE EXHIBIT "A" (SCOPE OF SERVICES AND SCHEDULE) APPLIES TO THIS BiD CLUSTER PLEASE SHOW THE NUMBER OF WORKERS, AND HOURS PER DAY PER DISTRiCT (First page, first paragraph, line 10 of EXHiBiT "A" HOURS MONDAY.. TUESDAY WEDNESDAY THURSDAY FRiDAY 6:00A 7:00A ¡-- / ! ....J . r - I '---.) -, 8:00A ! I I ; ! ¡ " 9:00A; , " , ! i 10:00A! \/ I , ' i 11:00A "! i ¡ ; I . ! . . ~~ I' ~' /' ',~ ';)< . ," 1:00P, ' X' , '----- /' 2:00P , , /-' 3:00P 4:00P 5:00P , " DISTRICT NO.'-' . CONTRACTOR J- Ptt2. ()..J((,K ¡:: f 1/15 5c, lit but-£. I S J.. L-t 3 fV1 ~N 17 mE WILSON GROUp, LLC (X)Vr~MBNI^L ^I'1'AIIl~ -1J!GJSLA:J1vn ADVlX:ACY TIinWI!~<;(.1N RUnJIlNU 1m C:ArITOlAVI1NlJR MCHAMJ;N'r<.1. CAI.I.R:>RNIA 9>814 Telorl"." '016) 44R.2II<7 P.", (916) 44tl-5346 t",,~,,~,t a,ble Ad.i",,", WILSCR . F,M.i~ L"¡'hynW4C~..I.,,,," "'iNAI'OR non WILSON. (flat.) u.s.. M.I'.A../.I " RF:NKIUR NEWTON R. nUSSKJJ. (n".) l.,;.Iaû~ "'I.""", L,~"'ri",'R",- At...., MI Low """"'.""""(,")1.,.", I'"li-I'" s..~...S.,...tud;¡¡~,', "-"'1""" ^"","",1yno..,ÖOMlc,,(C""¡fi..,,, 19<"""'4 AOCIUbI""'.""'."IIUd'&.,,"1912-1916 ._.,.......,-~..._. ßROOI(8lJLLISON. B.A., J.D. """-"""-H1iO11l~.l"""'. IV"~ ¡;'~oriw""""M Ml!LAS.>;AGI\1,B..'i. ....,.......Ad......" 1 ",.I..w. Ad.....", A"""oov""'. ß'tnlCllJ.,ofo-(SuJI. -ATOR WADI, I! DEDDBH. 0""1 u.s., M.1!d. &""""..""""""",1... I_", Ad.."",.. I>..'d Rol""l C1'""""'ll s.......s.....re.I...... IOS"I99.1 1'1MO'I'HY .. WARRINER. D.II..I.n. "-.ohl~"",,""'uf("'~rcnlal966.'m. t.""".nlRUI11nIJ,."n""odoðo^",,"'" J..¡¡Ut.;...,Ad.."".. July 22, 1997 Ar.'"", .. ,- The Honorable Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Quarterly Report to Council Dear Madame Mayor and Councilmembers: '-- ..- The Wilson Group is honored to represent the City of Chula Vista before the California State Legislature. Our firm is currently tracking approximately 290. bills for the City of Chula Vista. Our finn is currently working on the City's behatfto either actively support or oppose 35 critical pieces of legislation. - In addition, our finn is working on several key Budget Conference Committee items. Our finn is sanguine that many of these issues will be resolved in a manner beneficial to the City of Chura Vista. Key issues on which the firm is currently working on the City of Chula Vista's behalf are: e EMF refonn/local government fiscal reform. e The City of Chula Vista's PVEA funding requests. . Final Supplemental Subvention allocation to the City. . Fines and Forfeitures; improved allocation formula for cities. . Funding Dpportunlties for the One-Stop Collaborative (fonnerly W.E.R.C.). The Honorable Mayor and CitY Council July 22,1997 Page Two e Funding opportunities for the Nature Interpretive Center. The firm is in clOSB contact on a daily basis with CoDeeh Kelly and Garald Young, both of whom are extremely knowledgeable and a pleasure with whom to work. The firm looks forward to worldng with the City in the upcoming quarter to achieve Chula Vista's goals in the California State Legislature. Sincerely, ~ Bob Wilson The Wison Group BW:bc cc: Gerald Young, Principal Management Assistant- '.~' ..- Collean Kelly, Administrative Analyst 1\ COUNCIL AGENDA STATEMENT g/ Item Meeting Date 07/22/97 ITEM TITLE: Resolution / ¿:v Z~~g bids and awarding landscape maintenance contracts for Open Space Districts 3, 4, 8, 11, 14, 15 and 24 to New Way Professional Services and RC Landscape SUBMITTED BY: Director of Parks, Recreation and Open Space cf1 REVIEWED BY: City Manager ~ I ¿ .{~. (4/Sths Vote: Yes - No X> jjJ Request for bids to provide landscape maintenance services for Open Space Districts 3, 4, and 8, II, 14, 15 and 24 were let on May 28, 1997. These districts went out to bid because their existing contracts had come to term and expired June 30, 1997. RECOMMENDATION: That the City Council adopt the Resolution and accept bids and award the contracts to the following low bidders: 3, 4 and 8 New Way Professional Services $70,232.36 11 R C Landscape $49,000.00 14, 15 and 24 ReLandscape $124,350.00 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This item was carried over from the Council meeting of June 24, 1997 for further bid analysis. In the interim, landscape maintenance has been performed in these districts via a one month extension of the existing FY 96-97 contracts. Sealed bids were received by the City's Purchasing Agent on June 10, 1997 to provide landscape maintenance for Open Space Districts 3, 4, 8, II, 14, 15 and 24. Following the formal publication of the Notice to Bidders, forty eight (48) potential bidders were contacted including five (5) Chula Vista vendors. A total of 10 contractors attended the pre-bid conferences and tours conducted on May 28, 1997. A minimum of three companies submiued bids for the cluster. All of these companies submitting bids are now performing landscape maintenance for the City. The proposals submitted reflect a competitive bidding process. Chart A is a summary of the bids submitted for Open Space Districts 3, 4 and 8. New Way Professional Services $70,232.36* *Low bid based on cash discount terms ReLandscape $70,000.00 Alvezia $87,767.31 [NElWORK-AI13-0S348.AI3-Jwy 16. 1997] '6/1 Page 2, Item - Meeting Date 07/22/97 The low bid for this bid cluster was submitted by New Way Professional Services, who is the current contractor performing landscape maintenance in these Open Space Districts as well as Open Space District 20 SPA's II and III. The bid submitted is 6.17% LESS THAN the cluster contract price for the past Fiscal Year. It is the opinion of staff that the contract low bid is fair and reasonable and should be accepted. Staff recommends that Open Space Districts 3, 4 and 8 be awarded to New Way Professional Services for the yearly amount of $70,232.36. The net bid after the 1;' % discount for monthly payments within 15 days after submitting the monthly invoice is $69,981.20. The terms of this agreement is for a one-year contract and three one-year options. Options are contingent on the City's satisfaction with the level of service and the new contract price is based on the annual cpr. Chart B is a summary of the bids submitted for Open Space District 11 Alvezia $46,868,99" "Bid withdrawn by contractor ReLandscape $49,000.00 Blue Skies $57,385.54 The lowest responsible bid for Open Space District 11 was submitted by R C's Landscape Maintenance. The bid submitted by Alvezia was subsequently withdrawn by the contractor because of major computation errors on their part. The bid submitted by R C's is 12.46% LESS THAN the previous contract price. It is the opinion of staff that the contract low bid is fair and reasonable and should be accepted. Staff recommends that Open Space District 11 be awarded to R C's Landscape Maintenance. Chart C is a summary of the bids submitted for Open Space Districts 14, 15 and 24. Alvezia $76,618.05" "Bid withdrawn by contractor ReLandscape $124,350.00 Blue Skies Landscape $130,533.00 The lowest responsible bid for bid cluster 14, 15 and 24 was submitted by R C's Landscape Maintenance. R C's is currently performing satisfactory work on Open Space Districts 2, 6, 7, 17, 23 and 26; EastLake Landscape District Zone D (Salt Creek); 18; and the Bayfront Trolley Station. The bid submitted by Alvezia was subsequently withdrawn. The bid submitted is 5.58% LESS THAN the past fiscal year contract price. Staff recommends that Open Space Districts 14, 15 and 24 be awarded to R C's for the yearly amount of $124,350.00. The terms of the contracts are for a one-year contract and three one-year options. The one year options are contingent on the City's satisfaction with the level of service. It is the intention of staff to resolicit bids on these districts in combination with the remainder of the open space districts whose contracts will come to term at the end of this present fiscal year. In doing so, it would accomplish two goals; (1) it [NEI'WORK.AIl3.OS348.A13.July 16. 1997) g-~2 ^ r , Page 3, Item - Meeting Date 07/22/97 would synchronize all the maintenance district contracts to be on the same cycle, and (2), this will afford staff the opportunity to reconfigure and recluster the districts to provide the most attractive bid clusters or to bid individual districts to provide the greatest economy of scale to lower the maintenance costs to districts. If this process is successful in lowering the maintenance costs of these districts staff will recommend NOT renewing this contract for the following fiscal year 98-99. SUMMARY: Both New Way and R C's have and are performing satisfactory landscape maintenance in various districts in the City. Both companies maintain major projects in the City. New Way maintains EastLake Home Owners Association and the Chula Vista Recreational Vehicle Park at the Marina. Economies of scale often factor into bid prices. Companies which perform work in the area consistently submit lower bids than companies which perform no work in the South Bay Area. Staff is optimistic that New Way Professional Services, as well as R C's, will staff these landscaping projects adequately to provide acceptable maintenance for these Districts. It is the recommendation of staff that New Way Landscape be awarded Bid cluster 3, 4 and 8; and R C's be awarded District II and Cluster 14, IS and 24. If either company is unable to satisfactorily perform the maintenance specifications, the City can provide a thirty (30) day notice and terminate the agreement. A new RFP would be solicited from one of the existing contractors doing other Open Space work. FISCAL IMPACT: All City staff costs to administer and supervise contracts are borne by the respective assessment districts. Attachments: Open Space District 3, 4, 8, II, 14, IS, and 24 Maps NOT SCANNEù (NETWORK.AllWS348.A13-July 16. 1997] '6"3 RESOLUTION NO. ) ¿r'71;L RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN SPACE DISTRICTS 3, 4, 8, 11, 14, 15 AND 24 TO NEW WAY PROFESSIONAL SERVICES AND RC LANDSCAPE WHEREAS, sealed bids were received by the city Purchasing Agent on June 10, 1997, to provide landscape maintenance for Open Space Districts 3, 4, 8, 11, 14, 15, and 24; and WHEREAS, fifteen districts were grouped into clusters or groupings based upon types of landscaping, physical size, scope of services, physical proximity, and economy of scale; and WHEREAS, Chart "A" is a summary of the bids submitted for Open Space Districts 3, 4 and 8: New Way Professional Services $70,232.36* *Low bid based on cash discount terms ReLandscape $70,000.00 Alvezia $87,767.31 WHEREAS, the low bid for this bid cluster was submitted by New Way Professional Services, who is the current contractor performing landscape maintenance in these Open Space Districts as well as Open Space District 20 SPA's II and III; and WHEREAS, the bid submitted is 6.17% less than the contract price for the current Fiscal Year and it is the opinion of staff that the contract low bid is fair and reasonable and should be accepted and awarded to New Way Professional Services for the yearly amount of $70,232.36; and WHEREAS, Chart B is a summary of the bids submitted for Open Space District 11: 1 6;-1 "ú", .... Alvezia $46,868,99* *Irresponsible bid (Rejected) ReLandscape $49,000.00 Blue Skies $57,385.54 WHEREAS, the lowest responsible bid for Open Space District 11 was submitted by R C's Landscape Maintenance, however, the bid submitted by Alvezia was deficient, incomplete and not in conformance to the bid document requirement to submit a schedule of hours for work to be performed; and, therefore, staff is recommending rejecting their bid for not being responsive; and WHEREAS, the bid submitted by R C's is 12.46% less than the current existing contract price and it is the opinion of staff that the contract low bid is fair and reasonable and should be accepted and staff recommends that Open Space District 11 be awarded to R C's Landscape Maintenance; and WHEREAS, Chart C is a summary of the bids submitted for Open Space Districts 14, 15 and 24: Alvezia $76,618.05* *Irresponsible bid (Rejected) ReLandscape $124,350.00 Blue Sides Landscape $130,533.00 WHEREAS, the lowest responsible bid for bid cluster 14, 15 and 24 was submitted by R C's Landscape Maintenance and R C's is currently performing satisfactory work on open Space Districts 2, 6, 7, 17, 23 and 26; EastLake Landscape District Zone D (Salt Creek); 18; and the Bayfront Trolley Station; and WHEREAS, the bid submitted by Alvezia was deficient, incomplete and not in conformance to the bid document requirement to submit a schedule of hours for work to be performed, therefore, the Department is recommending rejecting their bid or not being responsive; and WHEREAS, the bid submitted is 5.58% less than the current fiscal year contract price and staff recommends that Open Space Districts 14, 15 and 24 be awarded to R C's for the yearly amount of $124,350.00. 2 g~5 NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby accept bids and award landscape maintenance contracts for Open Space Districts 3, 4, 8, 11, 14, 15, and 24 as follows: 3, 4 and 8 New Way Professional Services $70,232.36 11 ReLandscape $49,000.00 14, 15 and 24 ReLandscape $124,350.00 Presented by Approved as to form by Jess Valenzuela, Director of Parks and Recreation C:lrslosbid.all 3 g----~ ~ ¡( FIr, G ~~:'on~~d~p. S.,.k" ~r Jl -9-j~ COUNCIl OfFICES CHUlA V'STA CA July 3, 1997 Chula Vista Mayor and Councilmembers City of Chula Vista 276 4th Ave. Chula Vista, CA 91910 Re: A ward of Open Space Landscape Districts Dear Honorable Mayor and Councilmembers: This is a letter to protest the contracts for Open Space District clusters 1,5,9,10 and Open Space District clusters 3,4,8. Our protest is based upon a few items. #1 - Per the prebid meeting on May 28, 1997, a question was raised if a contractor would be able to bid on a certain district inside a cluster. The person conducting the meeting said absolutely not, that these were put together as clusters and they were to be bid upon as a whole cluster or not all. This has not come to be the case. We acted in good faith to provide a fair and economic proposal for the citizens of Chula Vista. We based our bid upon: the bid package as il was put together and approved by City staff and what we were told by City staff. Actually for the cluster 1,5,9,10 we were the low bidder, in addition we saved the citizens 7% from the cum:nt monthly total. We were also recommended by City staffto be awarded the contracts of 1,5,9,10, and 3,4,8. ewe are the ClllTent contractor for'3,4,8). However, John Coggins, assumed power to breakup the clusters into separate districts awarding each district to ,the lower price within the cluster. John was present at the prebid and he should and could have spoke up announcing this wa.~ his plan. It appears this was an after thoughl and it is totally an unacceptable practice. There is much more to mention regarding this specific subject however. I would like to save it until I may be able to come before the council. #2 - At the same prebid meeting aforementioned it was clearly communicated by City staff that contractor's unit costs when multiplied by the acreage or square footage, must extend out exactly to the total price column. For the bidder whose company name is RC, not one of their unil costs match their total price column. Actually some prices are off tens of dollars not just pennies. This should be grounds for nonacceptance based upon the city's own words of "discernible." An example of an Unacceotable orooosal submittal was provided in the bid spec's and was covered quite clearly in the prebid If one cannot understand how to calculate a bid sheet are they a responsible bidder?? #3 - At the opening of the bids, June 10, I had asked John Coggins if discounts were going to be taken and he said yes. I then asked him if the existing contracts would be extended for the month of July so the new contractors would be able to gear up for the new work. He said he did not see a problem with these contracts beginning on July 1st. I guess his assumption of the contracts beginning so quickly was based upon that the low bidders were cum:nt contractors for the City of Chula Vista. For the Districts 3,4,8 of which we cum:ntly do, we were (are) the low bidder taking our discount into consideration. Once again with this new bid, we were saving the citizens of Chula Vista 6.,6%. Why would you want to split up a district when the current contractor who already knows the district is once again the low bidder??? With John Coggin's words of taking the discount and seeing no problem to beginning this contract on July ]st, we naturally assumed we would be awarded this contract. In having less then 2 weeks to find and buy a truck, equipment, hire 2 new people, schedule the job and learn the areas, we preceded under the %--1 8045 Raytheon Road, San Diego, CA 92111 (619) 505.8,00 FAX (619) 505.8305 . c-n "50]"2 presumption that these contracts would be ours. We were absolutely led to believe that. In no uncertain teans. Your own open Space Coordinator recommended we be hired for Districts 1,5,9,lD and 3,4,8 clusters. #4 - Per the enclosed letter dated Thursday March 27, 1997, by the City of Chula Vista, and I quote "If our contractors are willing to extend their existing contracts for an additional year, these contracts will NQI...be put out to bid......." This letter was faxed to us the same day, followed up with phone calls the next day creating an urgency that tlùs had to be acted on immediately. It had to be signed on the 28th and your staff even picked it up that day as they wanted original signatures to make it official. Well, our understanding was with all this urgency coupled with the verbiage of NOT being put out to bid, that our Districts 3,4,8 were being renewed, wouldn't you? So we preceded to buy new equipment to replace our worn out equipment for this job, an invesunent of approx. $1200.00. Then on April 15 we get a letter saying that this cluster was being put out to bid. Then there was a whole other set of circumstances with the rebidding that I'll share with you when I corne to the meeting. Can you understand all the hassle and misleading we have been through? If this is how you want to treat your contractors then I may add that you might not have any soon. What I am asking is that we be awarded District cluster 3,4,8 and 1,5,9,10. We are the low bidders on your bid package as presented and represented by your City staff. We have made commiunents for a new truck, bought equipment and have hired 2 people to start the new Districts 1,5,9,10. All I'm asking is to award these contracts to our firm as recommended by your staff. If this is not acceptable, then reimburse us for all the new equipment, tools and expenses for gearing up for this work. In addition I will expect projected profits for 1,5,9,10 and also for 3,4,8, based upon the confirmation of extending the contracts per the City's letter of March 27, 1997. I am leaving for vacation July 7th and returning to town on July 17th. I understand that these contracts are tentatively slated for the Council agenda on July 15th. I would appreciate very much that they be postponed until July 22nd so I may attend the meeting. Thank you in advance for this consideration. As I will be checking in with our office, I'd appreciate a response to this letter and I'd appreciate a confirmation if this agenda item will be extended to July 22, 1997. Thank you in advance for your attention to tlùs matter. Sm=ly. . U, 1Z /# y Randy ~ard' Pre dent Certified Landscape Technician, Maintenance (CL TM) Certified Landscape Technician, Inigation (CL 11) Certified Landscape Inigation Auditor (CLIA) cc: John Coggins enclosures 0.':7' CblJ!\cJ I !3r:b Pou.x: I \ J é' 55 " o.JLn ZJJeU;... ¿r/6 BLUE SKIES Landscape Maintenance Honorable Members of the City Council' July 22, 1997 City of Chula Vista Honorable Mayor and Members of the City Council: Thank you for your time and opportunity to speak: concerning the award of landscape maintenance. I am addressing this council in protest of the award of contract going to RC Landscape Maintenance for cluster District 11 and Districts 14, 15 & 24 for Landscape Maintenance. RC Landscape Maintenance made mistakes in their bid which have been previously brought to the attention of John Coggins, Purchasing Agent for the City. Mr. Coggins response was that the City "reserves the right to waive informalities, technical defects, or minor irregularities in bids received". It is my contention that these mistakes are more than "minor irregularities" and are a major inequity to the homeowners in the assessed districts. The following incongruities in this bid are difficult to distinguish because math procedures need to be done. The total price columns all need to be corrected to reflect correct pricing. These corrected total prices are higher and lower, but never the price written on bid sheet. Examples are: l)Some of the bid prices are above the actual corrected amount. (D14 Code 2) Approximately 01. acres turf, East H Street Median, at $.002 a square foot per year, bid price submitted $1,800.00 a year, actual bid should be $.87 for entire year. 2) Some of the bid prices are below the actual corrected amount. (D14 Code 5) Approximately 2.668 acres, lot M, at $.33 a square foot per year, total price bid $500.00, actual bid should be $38,351.97. 3) Individual line item bid prices are never equal to contractor bid price, Our concern is the randomness of the irregularities even to the extent that the bids as awarded may not be in the best interests of the City and the assessed homeowners. For example: The total bid price that has been recommended for award for District 11 is $50,000, after evaluating the math using unit costs the bid would be only $28,860.64, which is not "reasonable when compared to other bids received and past district pricing" as Mr. Coggins responded to us in his letter of July 11, 1997. I respectfully request that this be sent to a mediator for clarification. Sffi=cly, p~ fL- t Pete Navarro Jr. Biue Skies Landscape Maintenance BLUE SKIES 1-9 Landscape Maintenance @ P,-;""d "" myd,d PUP" Post Office Box 17026 . San Diego. California 92177 License C-27 #402873 n""" "W' pun ('" ,'" "";n""",,,' Telephone (619) 565-R344 . Focsimile (619) 5ó5.R39R THESE ARE EXAMPLES OF SQUARE FOOT PRICES THAT WERE BID FOR SAME CODE Code 1 areas, different bid prices in same type areas .046 per sq. ft. .078 " " .11 " " .12 " " .13 " " .23 " " .27 " " Code 2 areas, different bid prices in same type areas .002 per sq. ft. .317 " " 1. 148 " " 1.18 " " 2.42 " " Code 3 areas, different bid prices in same type areas .001 per sq. ft. .018 " " .02 " " .021 " " . 023 " " .029 " " .03 " " .065 " " .074 " " .08 " " .09 " " .117 " " .14 " " .16 " " .29 " " .70 " " Cc1e 5 areas, different bid prices in same type areas .001 per sq. ft. .0011 " " .0013 " " .0016 " " .002 " " .003 " " .0039 " " .004 " " .008 " " .01 " " .012 " " .019 " " .14 " " .33 " " i-It) . ..sent ~y.: ctf"l 0= CHULA 'lIST'" ð' iI"[ð~;:¡e1 ...oJl« '" ,."'"~ ~vv v.. .- -.- -,. ... I .AI] 0 N-T '-" '2 It. \ \ . (Name I , 'J.P OI?etr"LA-ïu""""( (Tit:le) of New Way professional Landscape Services 8045 Raycheon Road San Diego. CA 92111 wish co excend the terms and conditions of my existing contracc with the Cicy of Chu1a Vista for a~ addicional period from July 1, 1997 through June 30, 1998, for the following concract c:uscer: open Space Districcs 3. "" & 8 ~7v~ {signacure) (date) Transmit: to FAX # \619) 5g.Ç-S6'~ . 4-"" "'li attn Open Space Division Send to: Joel Chew, Open Space Coordinator pa;Ks Recreation & Open Space Depart~ent 270 Fourch Avenue Chula Vista, CA 91910-2631 g>/j Example of multiplication: Description of Area X Square Foot Per Acre (43560) X Unit Price = Total Price For example District 11 Area Code Type 1 Approximately 4.5701 acres 4.5-'01 X 43560 X $.003 = $597.22 Bidder submitted total price $13,500 for this area. 8-11 '" ~ \ - - . r ~ ~~-~ . -- I I, I ,. .., 1:. g . \\ ..; 'I: . . . 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' . -, - OZ< i' .' 8'-\"""""""""~"-:"¡ :1:0- , .. . .-' ...->' C' < ..' ~ I if1 8, 8 :,.","'::~:-':':"\ r-Z '" .' ¡ ¡ " '. :"'/Þ'.' > ~ ~ :~"" ¡'f . . I) 8 !' r \-":'.-'-:f'i>{.~~.j: S ~ Z ,,- '. ' I ' ~ . . .' ' .~'" .~' ; '" > .J:. ; I' .' IJI '-. . " . X ..:;c,':,-:,'~,¡d ,; ð ..:C ' ¡., . . . '" ' , '. \,;('-'i'~ m :~: \' ! ¡-. 8, .:-, -- .. ....... . ,", '8 '<5JP;;ZIf" v:-~ ;;":; '.. i.' --" .' v~ ". 'I ' ..., ,'~ ,. ~ 'I" . - .,_:.. ~, ., . .',::, ¡'.i: " . . 'I! ;p 'c:' I . I ! - ~ ' ;;~.' ¡ i !(, ¡'K1\ ¡ ~ .' ~. ,\--.[)I Î 3 L:' 3~ ';f" . ~ .- . - " ."., ! ; , ' , .. ! " . , ,- ~ II . ., '" J " r , ! ¡. : ¡¡ ~ ; ~ l~n;I'm!%8 ~ 'l 'Î . 1 1;1, 'I !,IQ 0 .. çoL-.c?-... . ' . 1 . .... open space district 24 Canyon View. e ... '" % --. ~ > N n ~ '" '=' ~ CHULA VISTA TRACT NO~ ~ .\ C~~TOH VI [H HOHn ~ « - -=-- ......... .- r I ~ ~ >0 ~ =."'~'":=.-=-'::::-~--._-> - ~ :'-:"-::."':.:..-'-";"',' " ~ -,- . ,..... .'...... ... .- ..-.......,'--- . """'-'.11,_....,-- . ........... -....." .. - ~ ..... -..-..,.....---. -... ..." . . - ~ ..... . . .1> -,.... ....... ... - .. . -!" .". ....- r I . , ¡ .~.. ... ~ ~ . , ALL proposais MUST have the AREA PRICE clearly listed in cost per acra (or square feet) per year as well as the TOTAL PRICE in the right hand coiumn. Submitted proposal prices must be discemible, perceptibie and reasonable. There must be a correlation between iabor intensity and bid price. The following is an example of an unacceptable proposal submittal: .. -' ¡,.;",X.. ,.,....~ AREA PRICE. TOTAL ":,',"',,'~! ,"'..,.,..', I-'t:KlUU ~ ,,'..,..', , $IACRElYRor PRICE '.,' $/SaUARe.FOOTNR A Approx. 50 Eucalyptus 1 time 1 $1.00/50 trees year $1.00 t' trees to be cleaned, yr. shaped at direction of Open Space Coordinator. (Unsupervised trimming will not be paid for). Work to be performed during month of November. A 1 5.0 acres of high visibility 1 yr. $1.oo/ACNR $5.00 1 maintenance parkways. medians and monuments. A 2 4 acres of lawn area 1 yr. $1.00/ACNR $4.00 A 3 3 Acres of irrigated 1 yr. $1.00/ACNR $3.00 erosion control slope plantings A 4 2 non-irrigated acres of 1 yr. $1.00/ACNR $2.00 re-established natives A 5 1 acre of non-irrigated 1 yr. $19984.99IACNR $19,984.99 undisturbed native slopes. TOTAL OSO "A" $19,999.99 D, sf(C.\ ct \ \ 3 BID SIGNATURE FORM Ucensed in accordance with an Act providing for the registration of Contractors, Ucense No. ý.3/ ~ & 9: Ucense Expitation Date "I - ':7 -? Contracto~s State Ucense Classification ~ - Øl ' / . REPRESENTATiONS EXPRESSED HEREiN ARE MADE UNDER PENALTY OF PERJURY (if an individual, so state. if a firm or coopartnership, state the firm name and give the names of all individuals, coopartners composing the firm. If a corporation, also names of Presiden~ Secretary, Treasúrer and Manager thereof, ~ and affix the Corporate Seai thereto&~ ~-~~ COMPANY NAME Æ c. 4--~ ADDRESS Y/ / 3 ~~ IV. ,,~ ' "^,E c... '" ~/9ðd- . I /7' . d 1(.37 À- TELEPHONE L¡ 7 '1 0/ 7 FAX;;J 9 PRINT NAME ~ f3 ;J J! C.-;tJCÆrCE & W A/e/<: .... // /-- " ,.--; '. .,¿./") to ' I SIGNATURE ~? C-r DATE -y-. "'."- ./" Ú TAX IDENTiFICATiON NUMBER -3'3 - é,IS6¿) C;;;? 6 BID SUMMARY Open Space District 11 $ '§~ þJðI) :/ GRAND TOTAL OF THE ABOVE $ S-ðßt) ,/' PAYMENT TERMS % DAYS Prompt payment discounts offered of iess than fifteen (15) calendar days will not be considered in evaiuating bids for award. However, offered discounts of less than fifteen (15) days may be taken if payment is made within the discont period. In the ab8ancs of discount tenns, invoices shall be net thirty (30) days from the date of materiaUservice acceptance or invoice receipt, whichever is later. 7 " BID To the Honorable Mayor and City Council of the City of Chula Vista. The undersigned declares that he carefully examined the plans and specifications for. LANDSCAPE MAINTENANCE ÔF OPEN SPACE DlSTRICT(S) R t v'¡' \ NUMBER 11 FOR THE PERIOD C . J JULY 1, 1997 THROUGH JUNE 30, 1998 ~ 0.)\ . ') 0 and that he has examined the location of the proposed work and has read the accompanying instruction to . ~ I' bidders, and hereby proposes to fumish all materiais, and do ail the work required to complete the said work b in accordance with said plans, specifications, and Special Provisions for the unit price or lump sum set forth in the following schedule. ----- - PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE-BID CONFERENCE. The contractor has THREE HUNDRED SIXTY-FIVE (365) Calendar days to complete the initial project period. 11 1 Approx. 4.5701 acres of 1 year $ , ~ 03 1 -) ~-JD ç~7. 2. 2- slope maintenance .: -). v 11 2 Approx. .16 acres of 1 year $ ~ '. ' ., I." lawn area with automatic ,I -, .,- J.D't.OC irrigation (Turf specific E. H Street & Hidden Vista Dr) 1t 3 Approx. 8.1236 acres of 1 year $ ..C¡)Cj [)5"- I¿: B t{ (p.J1 siope maintenance 11 4 Approx. 9.1563 acres of 1 year $ Die) ~ úT':J 4 7&~. ß controlled natural open I J space 11 5 Approx. 139.7 acres of 1 year $.ðO! 9õUO bo85.13 naturai open space 11 1 Approx. 0.35 acres of 1 year $ .,;;2 3 o~q .20 parkway maintenance 3 erro along TamI Nova, and Hidden Vista near the entries of Brehm 11 3 Approx. 2.09 acres of 1 year $ ) ? ~JiJ 1731.2\ slope maintenance ,O~ "';;"--" adjacent to Brehm 11 1 Approx. 0.274 acres of 1 year $ Ib õJ- \S-V 19ð"1."7 parkway maintenance I ,...) Terra Nova Dr., Hidden Vista, and Westview Dr. 8 11 Approx. 10 trees to be 1 til]18 $ I r:f/!J trimmed. cleaned and I Do O.d:b shaped at the direction of the Open Spece Coordinator. (UnsupelVised trimming will not be paid for.) I' Work to be performed during the month of November. TOTAL OSD 11 $ $/), (JdO .- d- 8 S Go. fd-{ . ) 9 : SUnvnary of fertilization requirements for Open Space District 11 (excluding the 6th turf fertilization) ANALYSiS # BAGS 31'()"() 108 1 1»-7 (shrubs. groundcover & trees) 270 11»-7 (turf) 4 34-3-7 1 22-3-9 1 I' this column for caiculatlon purposes oniy. Totai District Bid (above) Is to Include fertilizer costs. . See attachment to Specifications for description of various Open Space Maintenance Areas. . 10 ", TENTATiVE SCHEDULE FOR MAINTENANCE EXHIBiT "A" (SCOPE OF SERVICES AND SCHEDULE) APPLIES TO THiS BID CLUSTER PLEASE SHOW THE NUMBER OF WORKERS, AND HOURS PER DAY PER DISTRICT (First page, first paragraph, line 10 of EXHIBIT "A" , >i. ,..'HOUK::> .." 6:00A t' 7:00A if l{ 8:00A 9:00A 10:00A 11:00A 12:00P 1:00P 2:00P 3:00P ......11 4:00P 5:00P DiSTRiCT NO. --h..:::lL- CONTRAC~OR (( J I'"~ G~ HOU~$ 14 ~~. é M~N o~, 11 rt LA..J k COUNCIL AGENDA STATEMENT IremL Meeting Date 7/22/97 ITEM TITLE: Resolution /Y73'?APprOPriating funds, accepting bids and awarding contract for the installation of Minor Street Enhancements at Fifth Avenue and "C" Street, Second Avenue and Cypress Street, Riverlawn Avenue and Kearney Street, in the City of Chula Vista, CA (0735-10-STL-231) SUBMITTED BY: D"""" of Publk w"""~ REVIEWED BY: City Manage~ ~ (4/Sths Vote: YesLNo-.J ~ At 2:00 p.m. on June 11, 1997 in Conference Room 3, the Director of Public Works received sealed bids for the installation of "Minor Street Enhancements at Fifth Avenue and "C" Street, Second Avenue and Cypress Street, Riverlawn Avenue and Kearney Street in the City of Chula Vista, CA (STL-231). The general scope of the project involves the removal and replacement of deteriorated street facilities at three locations: Fifth Avenue and "C" Street - removal of the existing cross-gutter, placement of asphalt concrete pavement and crushed aggregate base, and the installation of a curb inlet and reinforced concrete pipe; Second Avenue and Cypress Street; Riverlawn Avenue and Kearney Street - reconstruction of settled cross-gutters, replacement of curbs and gutters, installation ofP.C.C. pedestrian ramps, placement of asphalt concrete pavement and crushed aggregate base, and all other installation items of work as shown on the plans. RECOMMENDATION: That Council approve resolution: 1. Appropriating $30,000 from the unappropriated Transportation Partnership Fund (TPF) No. 253 to project STL-231, Minor Street Enhancements at Fifth Avenue and "C" Street, Second Avenue and Cypress Street, Riverlawn Avenue and Kearney Street, in the City of Chula Vista, CA. 2. Approve the resolution accepting bids and awarding contract for the installation of Minor Street Enhancements at Fifth Avenue and "C" Street, Second Avenue and Cypress Street, Riverlawn Avenue and Kearney Street, in the City of Chula Vista, CA (STL-231) to Star Paving Corporation, in the amount of $90,358.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project was originally funded during the FY 96-97 Capital Improvement Program (CIP) budget process. The project was funded to mitigate an undesirable situation at the intersection of Fifth A venue and "C" Street created by the existing cross gutter at that location that results in vehicles scraping the pavement when passing through the intersection along Fifth Avenue. The project also provides for the reconstruction of settled cross-gutters and pavement 9-/ Page 2, Item- Meeting Date 7/22/97 at two other locations (Second Avenue and Cypress Street, Riverlawn Avenue and Kearney Street). The cross-gutters are being replaced to prevent water from ponding and stagnating and to convey surface runoff to downstream drainage facilities. The project was advertised for a period of four weeks, and plans were purchased by six contractors. Bids were received from three contractors, and they are as follows: Contractor Bid Amount 1. Star Paving Corporation, San Diego $ 90,358.00 2. Frank and Son Paving $113,116.00 3. Scheidel Contracting and Engineering, La Mesa $141,085.00 The low bid by Star Paving Corp. is above the Engineer's estimate of $84,282.50 by $6,075.50 or 7.21 %. The engineer's estimate was based on bids received for similar projects in the last couple of years. The contractor, Star Paving Corp has just recently completed two projects for the City "The Tree Removal and Sidewalk Replacement at Various Locations (FY 95-96) Program" and "The Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista (FY 95-96) Program". In addition, the contractor has done work for the City of San Diego, and the County of San Diego, and both agencies have found the contractor's work to be satisfactory. We have also verified the contractor's license and qualifications and determined that they are in good order. The contractor has satisfacorily met all the requirements. We therefore recommend awarding contract to Star Paving Corp, San Diego. Prevailini Wa~e Statement This project is primarily funded through Gas Tax funds and Signal Funds. Based on the current project funding guidelines no prevailing wage requirements were necessary as a part of the bid documents. Environmental Status The City's Environmental Review Coordinator has reviewed the waste involved in this project and determined that the project is exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA). Disclosure Statement A copy of the contractor's Disclosure Statement is attached. 9- .2. Page 3, Item- Meeting Date 7/22/97 Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract amount $ 90,358.00 B. Contingencies (approximately 16%) $ 15,642.00 C. Staff (Design, Inspection, Survey and Traffic) $ 35,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $141,000.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Minor Street Enhancements (proj. No. STL-231) $ 111,000.00 B. Additional appropriation from Unappropriated $ 30,000.00 Transportation Partnership Funds (TPF) Fund No. 253 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $141,000.00 When this project was originally funded, it was anticipated that the situation at Fifth Avenue and "C" Street could be resolved with an asphalt concrete overlay. However, during the design of the project, after survey data became available, it became apparant that the solution would require that drainage improvements be added to adequately solve the problem. Additional funds were included in the 1997/98 CIP for the construction which nearly doubled the cost of the construction, but no additional funds were added for increased design of a larger project. In addition, the actual design costs for a project of this magnitude were on the high end due to the time spent in trying to find the least costly construction approach; hence the need for an additional appropriation. FISCAL IMPACT: Funding for this project was budgeted on the FY 96-97 CIP budget with an additional appropriation in the FY 97-98 budget. There will be a transfer of $30,000 from the Unappropriated Transportation Partnership Fund to the accounts for this project. The action requested tonight would allow staff to expend these funds for the construction work. Upon completion of the project, only routine City maintenance, maÍIÙy street sweeping will be required. Exhibit: A Contractor's Disclosure Statement NOT SCANNED (0735-1O-STL-231) July 15, 1997 (4:45pm) H, \HOMBIEN GINEER IA GENDA ISTL231. AC 9-3 RESOLUTION NO. /0'7:?? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE INSTALLATION OF MINOR ENHANCEMENTS AT FIFTH AVENUE AND "c" STREET, SECOND AVENUE AND CYPRESS STREET, RIVERLAWN AVENUE AND KEARNEY STREET, IN THE CITY OF CHULA VISTA, CA (0735- 10-STL-231) WHEREAS, at 2:00 p.m. on June II, 1997 in Conference Room 3, the Director of Public Works received the following three sealed bids for the installation of "Minor Street Enhancements at Fifth Avenue and "C" Street, Second Avenue and Cypress Street, Riverlawn Avenue and Kearney Street in the City of Chula vista, CA (STL-231): Contractor Bid Amount 1. Star Paving Corporation, San Diego $ 90,358.00 2. Frank and Son Paving $113,116.00 3. Scheidel Contracting and Engineering, La $141,085.00 Mesa WHEREAS, the low bid by Star Paving Corp. is above the Engineer's estimate of $84,282.50 by $6,075.50 or 7.21% which estimate was based on bids received for similar projects in the last couple of years; and WHEREAS, the contractor, Star Paving Corp has just recently completed two projects for the city "The Tree Removal and Sidewalk Replacement at Various Locations (FY 95-96) Program" and "The Construction of Sidewalk Ramps on Various Streets in the City of Chula vista (FY 95-96) Program" and has satisfactorily met all the requirements, therefore, staff recommends awarding contract to Star Paving corp, San Diego; and WHEREAS, this project is primarily funded through Gas Tax funds and Signal Funds and based on the current project funding guidelines, no prevailing wage requirements were necessary as a part of the bid documents; and WHEREAS, the city's Environmental Review Coordinator has reviewed the waste involved in this project and determined that the project is exempt under section 15301, Class 1 of the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept the bids and award the contract for the installation of minor street enhancements at Fifth 9-1 Avenue and "C", Second Avenue and cypress street, Riverlawn Avenue and Kearney street, in the City of Chula Vista, Ca. to star Paving corporation in the amount of $90,358.00. BE IT FURTHER RESOLVED that the City Council does hereby appropriate $30,000 from the unappropriated Transportation Partnership Fund (TPF) No. 253 to project STL-231, Minor street Enhancements at Fifth Avenue and "c" street, Second Avenue and Cypress street, Riverlawn Avenue and Kearney street, in the City of Chula vista, CA. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of orney Public Works C:\rs\st1231.bid 2 ,..--- 9-...? Ttit. Lll Y Of- CHULA VISTA DISCLOSURE STATEMI'Xf Exhibit: A You are required to file a Statement of Disclosure of certain ownership or fmancial interests, payments, or campaign COIIIrÜIIIIioDs, on all manors which will requjre discretionary action on the part of the City Council, PJanning Commission, and all other official bodies. The following infonnation must be disclo.ed: 1. List the names of all persons having a financial interest in the property which is the subject of tile application or the Contract, e.g., owner, applicant, Contractor, sUbcontractor, material supplier. j i6C\..~Lç: C'(5Yì~ lCïlO~) I,"\.Jc. ! 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnmihip. 'Ì ' rJ:-:p~, D~ IT YPi-..ex-J:)Ur Yì &~¡v iÀ1íÛ/Ì ft, (:L¡~;s.¡'I.p---, CFb/ ~rer-.a vu J 3. If any person* identified pursuant to (1) above is non-profit organization or a 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. ì-JD1--lE- 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes - No.LÚ yes, please indicate person(s): 5. Please identify each and every peison, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this matter. p", TEl? ./+=1 ~ \ & D\ Lb ?r-€St DRÜT r:?\.w A, \~ sJ. u=: CFoI ~E THR-I( 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes - No'" If yes, state which Council members(s): * * * (NOTE: Attached additional pages as necessary) * * * Date: .Jv...r\€..- ';1, \9}1 /lÞ~ ~~ Signature of Contractor! Applicant MUgu l3¥J$1l..e PReS/DEAl! Print or type name o( Contractor! Applicant * fmø:¡ is tkfined as: . Any individual, firm, co-parrnership, joint vennm, associalion, social club, fraJernaJ organization, corporation, estale, trust, receiver, syndicale, this and any other county, dry or coun/ry, dty munidpaIiry, district, or other political subdivision, or any other group or combination acting as a unit. 9---~ 16 COUNCn.. AGENDA STATEMENT Item No. / tJ Meeting date: July 22 1997 ITEM TITLE: Report - City Council Referral - Otay Ranch SPA One Planned Community District Regulations on 'Hollywood"Driveways SUBMITTED BY: ,,-, ofPlmmi'g ~ REVIEWED BY: City Manager ~ ~ 4/5Vote:(Yes_No.Ã} / Referral No. 3060 On June 3, 1997, the City Council approved Otay Ranch SPA One amendments and a tentative map for the McMillin Companies portion of the Otay Ranch SPA One Plan. In their Otay Ranch SPA One Plan Amendment application, the McMillin Companies proposed amending the Planned Community District Regulation concerning 'Hollywood" driveways. During the public hearing, McMillin's representative requested the amendment specifically include market flexibility provisions for the number of units to be built with this concept in Neighborhood R-ll. The City Council introduced the ordinance with the market flexibility provisions for Neighborhood R-ll at their June 17 meeting. At that meeting, representatives from Village Development requested the same market flexibility for their portion of SPA One. The City Manager recommended that the ordinance not be amended for Village Development without analysis by staff. The Assistant City Attorney indicated there was no evidence presented during the Council public hearing for SPA-wide implementation of the market flexibility provisions. The Council unanimously adopted the ordinance and directed staff to return with a report on applying the market flexibility provisions SPA-wide. The Council also requested the lot width requirements for 'Hollywood" driveways be reevaluated and compared to existing older neighborhoods in Chula Vista with 50-foot lot widths. RECOMMENDATION: Take no action at this time. Village Development has applied to amend the SPA One Plan for market flexibility provision on their part of SPA One. Staff will be bring the amendment forward to City Council as part of the formal review process. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: Village Development has applied for an amendment to SPA One to apply the market flexibility provisions to their portion of Villages One and Five. Staff will process the amendment and provide analysis and a recommendation as part of that review. /tJ~1 Page 2, Item No. - Meeting Date: Julv 22. 1997 At the June 17, 1997, meeting, the Council also requested that staff reassess the lot width criteria for the "Hollywood" driveways in relation to the 50' wide lots in the older existing neighborhoods in Chula Vista. Staff found that many of the existing 50' wide lots with Hollywood driveways had lot depths of 130' or more, whereas even the 60' wide lots in SPA I are limited in depth to 110' and the 55' wide lots are no more than 105' deep. Staff has prepared the attached exhibit to provide Council with the visual comparison between the three lot sizes referenced above. The existing Hollywood drives in the established areas of Chula Vista were created a number of years ago when the typical house was smaller in size and typically of single-story construction; whereas, the more typical house constructed in today's market has more square footage and is two-story in nature, requiring a wider building footprint to achieve good architectural proportions. In addition, the older developments in many cases utilized single-car garages with narrow access drives. It is, therefore, the conclusion of the staff that utilizing a 50' wide lot to achieve the Hollywood drive would necessitate the creation of a lot deeper than 110' and, thus, the applicant would have to reconfigure the subdivision design which staff would deem to be inappropriate at this time. However, deeper lots could be considered and planned in the future SPA I West plan for the areas west of Paseo Ranchero. FISCAL IMPACT: None. Village Development has an existing staff agreement which would cover the cost of processing any SPA plan amendment. A new staffing agreement is required for the SPA I West amendment. /¿:;,;¿, - -.--- .... z >. 0 §!II,m ,- - - - - - ' ~11~6~~; 1 - - ~z~ - U~~ 1 .. 1 Ii =1 =1- e:::! 0c:J c:J c:J"" ca c:J 1 ~ l-,.o..OE l r- - z - c:J 1 --!;] - Z c:I ¡;; I ~ ! ~ . . ~ g 1 ...... œ ... . Me ~ '-.1 :g I!!~ i! I 1 ~ f ~ ~ w' :z: ~- ~ _--L ~ I - - ~ I "'.0" - - - - Iii g =~ . 0~ ~I ¡g9 1 ui C':: /¿J-3 COUNCIL AGENDA STATEMENT Item lL Meeting Date 7/22/97 ITEM TITLE: Public Hearing: PCA-97-04 - Consideration of amendments to the Municipal Code to change the definitions of small and large family day care homes and family day care. Ordinance ;¿ 7/ ¿/ Amending Sections 19.04.093 through .095 of the Municipal Code to modify the definitions of small and large family day care homes and family day care. SUBMITTED BY: D""W< of Plonmng $~ REVIEWED BY: City ManagerJC1 ~ ./? (4/Sths Vote: Yes_NoX) The proposed project is an amendment to the Chula Vista Municipal Code to change the definition of family day care and family day care homes such that they are consistent with recent changes in California State Law. The Environmental Review Coordinator has detennined that this project is exempt from environmental review under the California Environmental Quality Act pursuant to section 15061 (b)(3) of CEQA Guidelines. RECOMMENDATION: That the Council adopt the attached draft Council resolution amending the Municipal Code to redefine family day care, and small and large family day care homes, in accordance with the findings contained therein. BOARDS/COMMISSIONS RECOMMENDATION: At its June 3, 1997 meeting, the Child Care Commission reviewed the proposed amendments and voted 5-0 to recommend that the City Council approve the amendments. At its June 11, 1997 meeting, the Planning Commission voted 6-0 (Commissioner Davis absent) to recommend that the City Council approve the amendnients as proposed in the draft City Council resolution. /J- / Item Meeting Date 7/22/97 DICUSSION: Background The Chula Vista Municipal Code currently defines "family day care" as regularly provided care, protection, and supervision of 12 or fewer children in the provider's own home for periods of less than 24 hours per day, while the parents or guardians are away. It also limits a "small family day care home" to the provision of day care to 6 or fewer children, and a "large family day care home" to care for 12 or fewer children. These thresholds are based on day care limitations that had been established by California law. In addition to local zoning regulation, a family day care home is subject to the issuance of a license by the State of California. As of January 1,1997, State legislation became effective which 1) increased the number of children that may be cared for in a family day care home, and 2) required all family day care home licensees who rent or lease their home, to notify the landlord or property owner of the home, that it is being utilized for day care. The fonner change in State law specifically increased the number of children who may be cared for in a small day care home from 6 to 8 children, and from 12 to 14 children for a large family day care home. The change in State law was preceded by a five year study conducted by the State of California which allowed some day care facilities to provide care for two additional school age children on a trial basis. The study showed that the increase in day care size did in fact provide increased availability of day care for school age children. Due to the demanding nature of infant care, however, the State also concluded that the number of infants in care in these day care homes should be reduced to compensate for the increase in school age children. Proposal The purpose of this Municipal Code amendment is to make Chula Vista Municipal Code consistent with State law changes concerning family day care. The attached Ordinance would modify the Municipal Code definition of family day care to match the new State limits for the number of pennitted children in family day care and require the notification of the property owner or landlord by the day care licensee. Analvsis Large family day care homes currently require the notification of adjoining property owners within 300 feet as part of the Chula Vista zoning review process for approval of an administrative large day care home pennit. The zoning regulations also place limitations on the proximity of large day care facilities to each other as well as on the availability of parking. Small day care homes, in contrast, require no notification or day care pennit, and do not have additional zoning limitations. The proposed code amendment does not include any change in zoning regulations or pennit process for day care facilities, or the zones in which family day //-2 Item - Meeting Date 7/22/97 care uses are permitted, since the increase in the permitted number of children is not expected to significantly alter the character and impacts of these facilities. The large family day care home permit would continue to be required for large day care homes, but would now permit up to 14 children. A total of 17 large family day care home permits have been issued by the Planning Department since 1991, an average of approximately two per year. Each of these homes could potentially add two school aged children to their care under the new Municipal Code definitions. CONCLUSION In summary, staff's recommendation is to approve this Municipal Code amendment for the following reasons: 1) The amendment is consistent with State law regarding family day care; 2) The State of California has determined that there is a need for day care for school aged children; 3) The increase in the size of family day care homes would have no known impacts on surrounding land uses. FISCAL IMPACT: No fiscal impact to City. Applicants will file and pay City fees when applying for applications. Attachments 1. Planning Commission Resolution NOTSC,A¡,\¡-', p. '. 2. Draft City Council Ordinance' L >J 3. New State Legislation h: Ihome\planninglmatklpe09704, rep //-.3 ORDINANCE NO. c:<? /¿J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.04.093 THROUGH 095 OF THE CHULA VISTA MUNICIPAL CODE TO MODIFY THE DEFINITION OF FAMILY DAY CARE AND FAMILY DAY CARE HOMES WHEREAS, the City Council has modified the definition of family day care in the Municipal Code, and required written notification of the affected property owner or landlord of use of their property as a family day care home, in accordance with California law and based on the need for day care for school age children; and, WHEREAS, a duly verified application for a Municipal Code text amendment was initiated with the Planning Department of the City of Chula Vista on April I, 1997 by the City of Chula Vista; and, WHEREAS, said application requests approval of an amendment to the Municipal Code to change the the definition of family day care so that it is consistent with California State law; and, WHEREAS, the Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as a 15061(b)(3) (General Rule) exemption; and, WHEREAS, the City Clerk set the time and place for a hearing on said amendments to the Municipal Code, and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6 p.m. on July IS, 1997, in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: That there are no significant environmental impacts because the project is categorically exempt from CEQA pursuant to section of State CEQA Guidelines. SECTION II: That the public necessity, convenience, general welfare, and good zoning practice justify the amendments, and that the amendments are consistent with the City of Chula Vista General Plan. SECTION III: That Section 19.04.093 through 095 of the Chula Vista Municipal Code is amended to read as follows: //--~ Section 19.040.093 Family day care. "Family day care" means regularly provided care, protection and supervision of H or fewer children in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away; provided that the licensee of such family day care home who rents or leases their home, shall notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property. Section 19.040.094 Family day care home, large. "Family day care home, large" means a Family day care home. as defined by Section 19.04.093. which provides family day care to '+ ~ to H~4 children, inclusive, including children who reside at the home. Section 19.040.095 Family day care home, small. "Family day care home, small" means a Family day care home. as defined by Section 19.04.093. which provides family day care to s* ~¡~~f or fewer children, including children who reside at the home. Presented by Approved as to form by ~~~ Robert A. Leiter, Director of John M. Kaheny, City Attorney Planning C\oc\1904093 //-5 /11-// RESOLUTION NO. PCA-97-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN AMENDMENT TO SECTIONS 19.04.093 THROUGH 095 OF THE MUNICIPAL CODE RELATING TO THE DEFINITION OF FAMILY DAY CARE HOMES WHEREAS, the proposed Municipal Code amendment will modify the Municipal Code to reflect new California State legislation concerning family day care; and, WHEREAS, the Municipal Code amendment will provide needed day care for school age children and notification of affected property owners or landlords in ChuIa Vista; and, WHEREAS, a duly verified application for a Municipal Code amendment was fijed with the City of Chula Vista Planning Department on April 1, 1997 by the Chula Vista Planning Department; and, WHEREAS, said application requests an amendment to the Municipal Code to change the definition of family day care homes; and, WHEREAS, the Environmental Review Coordinator has concluded that the project is exempt from environmental review pursuant to section 15061 (b )(3) of CEQA Guidelines; and, WHEREAS, the Director of Planning 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 at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely on June 11, 1997 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends that the City Council adopt the Draft City Council Ordinance based in the findings contained therein and that a copy of this resolution be transmitted to the City Council. ;1-& PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this day 11th day of June 1997 by the following vote, to-wit: AYES: Commissioners Aguillar, O'Neill, Ray, Tarantino, Thomas, Willett NOES: None ABSENT: Commissioner Davis Frank A. Tarantino, Chair ATTEST: Nancy Ripley, Secretary //- ? "'.,-J' w~.,,"' ,c."J ", ,~" 'ca-n'ml...LOD.SBD255jCURRVER. TXT ;1lbilUSS;; sa 265 Family day care homes. BILL NUMBER: SB 265 CHAPTERED 03/20/96 CHAPTER 18 FILED WITH SECRETARY OF STATE MARCH 20, 1996 APPROVED BY GOVERNOR MARCH 20, 1996 PASSED THE SENATE MARCH 14, 1996 PASSED THE ASSEMBLY MARCH 11,1996 AMENDED IN ASSEMBLY FEBRUARY 26, 1996 AMENDED IN ASSEMBLY JUNE 20, 1995 AMENDED IN ASSEMBLY JUNE 2, 1995 AMENDED IN SENATE APRIL 25, 1995 AMENDED IN SENATE APRIL 17,1995 INTRODUCED BY Senators O'Connell and Leslie (Coauthor: Assembly Member Bordonaro) FEBRUARY 8, 1995 An act to amend Section 1596.78 of, to add Sections 1596.775,1597.43, and 1597.465 to, and to repeal and add Section 1597.44 of, the Health and Safety Code, relating to day care. LEGISLATIVE COUNSEL'S DIGEST SB 265, O'Connell. Family day care homes. Existing law prohibits small family day care homes from providing care for 6 or fewer infants at one time unless certain conditions are met. . - This bill would repeal those provisions and would repeal certain obsolete provisions relating to a related San Diego County Pilot project. Existing law provides that the willful or repeated violation of the provisions regulating child day care facilities is subject to criminal sanction. //-y By changing the definition of a .family d.ay- care .h_oi]1e .t~in~reás~ the number .of children-. - - . . àuthorized tö bé cared för, this bill would expand the class of facilities subject to the standards n ,__..___n- -~""~~._.~J-U"";""_IÁ¡ ,1bti, for family day care homes thereby changing the definition of a crime and imposing a state-mandated local program. This bill would state legislative findings that the uses of a congregate care facility, as defined, are distinguishable from the uses of a family day care home, and that the Legislature does not intend for the expansion that this bill would authorize for family day care homes to apply to congregate care facilities. The California Constitution requires the state to reimburse local agencies and school districts -for certain costs mandated by the state. Statutory provisions establish procedures for making that reim,bursement. This bill would provide that no reimbursement is required by this act for a specified reason. SECTION 1. Section 1596.775 is added to the Health and Safety Code, immediately following Section 1596.771, to read: 1596.775. The Legislature finds and declares all of the following: (a) There is a severe shortage of child care for school age children throughout California, with many school age children going home to an empty, unsupervised setting after school. (b) For nearly five years several counties have participated in a pilot program that allows for a family day care home to care for two additional children above the current number allowed pursuant to licensing regulations. (c) As part of the pilot program, a study was conducted by the Assembly Office of Research. The results of the study demonstrated that the pilot program achieved all of the 'following results: (1) Increased access to care for schoolage children. - (2) Participating providers encountered few problems and strongly support expansion of the program. (3) Parents of children in the pilot program family day care homes strongly support the program. (4) Participating providers with additional children were no more likely to receive substantiated complaints from licensing officials than nonparticipants. (5) Local governments and planning officials saw little or no impact on their licensing policies and procedures. - (6) Overall quality of care was not adversely affected. SEC. 2. Section 1596.78 of the Health and Safety Code is amended to read: 1596.78. (~) "Famil~ day care h~;"e" ~e~ns a «~~at r~gula~ly-p;~vid~s ~re. p;~tection, -- and supervision for 14 or fewer children, in the provider's own home, for periods of less than SÐ265 - httpJIVNffl_sen_ca_govlhtbinlca-htmL__200_SB0265]CURRVER_ìXT; 1IbiIVS, 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. (b) "Large family day care home" means a home that provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home, as set forth in Section 1597.465 and as defined in regulations. - - , (c) "Small familŸ daý-ære home" means a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside- at the home, as set forth in Section 1597.4:4 and as defined in regulations. . SEC. 3. Section 1597.44 of the Health and Safety Code is repealed. SEC. 3.5. Section 1597.43 is added to the Health and Safety Code, to read: 1597.43. The Legislature finds and declares all of the following: - - (a) Family day care homes operated under the standards of state law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses. Family day care homes draw clients and vehicles to their sites during a limited time of day and do not require the attendance of a large number of employees and equipment (b) The uses of congregate care facilities are distinguishable from the uses of family day care homes operated under the standards of state law. For purposes of this section, a "congregate care facility" means a "residential facility," as defined in paragraph (1) of subdivision (a) of Section 1502. Congregate care facilities are used throughout the day and night, and the institutional uses of these facilities are primary uses of the facilities, not accessory uses, and draw a large number of employees, vehicles, and equipment compared to that drawn to family day care homes. H (c) The expansion permitted for family day care homes by Sections 1597.44 and 1597.465 is not appropriate with' respect to congregate care facilities, or any other façilities with quasi-institutional uses. Therefore, with these provisions, the Legislature does not intend to alter th~_leg~l. s!andards governing congregate care facilities and these provisions are not intended to encourage; or be a precedent for, changes in statutory and case law governing congrègätê -care- facilities. - - - - -- --. -- -,' '-,_.... ' SEC. Ú.s'eCt!~~:~~597.44iS addè-(j to the~e~lth and Safety Code, to read: (a) - - - - 0--' "."d'". . ht:¡>:/twww.sen.ca. gDvrntJintca-html...200. S30265)C URRVER. ïXT;' r."iIUS, SEC. 4. Secti.on 1597.465 is added to the Health and Safety Code, immediately following Section 1597.46, to read: (a) AJi ~ eastnWoIotillJe:fC/ji rdreOIareIãtn e'ãstrS.I)Ç~_ear.sIofiãgIf. aD reermWntSJare 'careCfIfo a Uñ ng~Y; tJ me: wffiID'fl¡õi'ëjñãô11. 2'è!iI.@.&[E[re .i. owneJL Wfien.. tQ~ ~~Y;; 9;~~.=~~e SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XI liB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XII/B of the California Constitution. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. \. Senate Home Pace m Search Bill Text Senate Rules Committee / California State Senate / WebMaster@sen.ca.gov .-... - I/~// - "- .... '. -. ..- '.-. - --.. ~ jifuŒ~@Dw~~ STATE OF CAUFDRNIA--HEALTH AND WELFARE AGENCY :!IL. -,f!ii; ¡, DEPARTMENT OF SOCIAL SERVICES '; ~// :< - - 3 !::7 ':¡I¡:@ 744 P Street, MS 19-50, Sacramento, CA 95814 " :~;: ;~.~> 'j 'Uc D~cember 5. 1996 ._-. TO: ALL LICENSEES OF FAMILY CHILD CARE HOMES SUBJECT: OPTION FOR TWO ADDITIONAL SCHOOLAGE CHILDREN IN FAMILY CHILD CARE HOMES; REQUIREMENTS FOR PROPERTY OWNER/LANDLORD NOTIFICATION AND AVAILABILITY OF INSPECTIONS REPORTS I am writing to advise you of new licensing changes for family child care homes. As a result of newly passed legislation, one new option and two new requirements are effective January I, 1997. . Senate Bill 265 allows family child care home licensees the option to. care for 2 additional children who are at l~ast 6 years of age. . Senate Bill 1695 requires all family child care home licensees who rent or lease their homes, to notify the landlord/property owner in writing that they are operating a family child care home in the rented or leased property. . Assembly Bill 1980 requires family child care home licensees to make licensing inspectioñ reports available to the public. NEW OPTION: . , Senate Bill 265 (O'Connell) will become effective January I, 1997. This bill was the result of a 5 year study that allowed certain family child care homes to car€ for 2 additional school age children- The results showed this increased the availability of child care for schoo~age children. The study also showed that due to the demanding nature of infant care, when additional schoolage children are accepted for care, the number of infants in care should be reduced- - Beginning January I, 1997 you may begin caring for 2 additional school age children ONLY if you meet ALL the requirements in the new law. The attached License Addendum (Attachment A) will allow you to care for more than 6 and up to a maximum of 8 children if you are currently licensed as a Small Family Child Care Home. If you are currently licensed as a Large Family Child Care Home, you may care for more than 12 and up to a maximum of 14 children.. Please sign the License Addendum and 1/- /,Z keep it with your family child care home license if you wish to provide care to the additional children. YOU ARE NOT REQUIRED TO FILE AN APPLICATION FOR THIS CAPACITY CHANGE. Before accepting the 2 additional school age children into your licensed family child care home, you must do all of the following: 8 Sign the License Addendum (Attachment A) and keep it with your family c~ild care home license. 8 Have proof of control of property. If you own or are buying your home, this would be a copy of your deed or property tax statement. If you lease or rent, this would. be a copy of your rental or lease agreement. Keep these copies with your license. 8 If you lease or rent your home, you .must have written permission from the property owner/landlord to care for the additional 2 schoolage children. You may.use the attached form (Attachment B) for this purpose. Keep the original with your license. Give a copy of the completed consent form to the property owner/landlord if they want a copy. I! You must notify, in writing, the parent of each child in care that you may. be caring for 2 additional schoolage children. The attached Parent Notification Form (Attachment C) may be used for this purpose. The signed receipt must be kept in each child's record. 8 If you have a small family child care home license and are providing full time care to 3 infants, you must reduce your infant care to 2 infants whenever any additional schoolage children are present. 8 If you have a large family child care home license and are providing full time care to 4 infants, you must reduce your infant care to 3 infants whenever any additional schoolage chil~en are present. If you lease or rent your home and your property owner/landlord will not give you permission to have the additional 2 schoolage children, you can still operate your family child care home for a capacity of 6 or 12 children. PROPERTY OWNER/LANDLORD PERMISSION IS NOT REQUIRED FOR A CAPACITY OF 6 OR 12 CHILDREN. Licensees in Fresno, Placer, San Diego, San Luis Obispo and Ventura counties, who are currently caring for 2 additional school age children, may continue if they meet all the above requirements. However, you must reduce the. maximum number of infants in c~~~T~p~an~time you care for an additional schoolage chi. . . riM. 'Rill rES J/ - / .3 FEB 1 8 199ì I NEW REQUIREMENTS: Senate Bill 1695 (Kopp) becomes effective January 1, 1997. This law requires all family child care home licensees who are leasing or renting their homes to notify the property owner/landlord that they are operating a family child care. This new law does not allow the property owner/landlord to: . Discriminate against family child care providers. . Require family child care providers to obtain the property owner/landlord's permission to operate a family child care home. You must notify the property owner/landlord by March 31, 1997, or when your annual fee is due, whichever is later. You may use the attached form (Attachment D) for this purpose. Keep a copy of the completed form, as mailed to the property owner/landlord, with your license. Assembly Bill 1980 (Figueroa) becomes effective January 1, 1997. This law requires all family child care homes to make available to the public, at your home, licensing inspection reports and licensing reports of substantiated complaints. You must .keep licensing reports available for review 3 years from the date they are issued to you. For more information, please contact your local licensing ; district office or county licensing office. Briefings may be scheduled by each office, as needed, covering the new requirements. : ;;;;~~ . I MARTHA LOPEZ ~ i Deputy Director' c::t I Commu~ity Care Licensing Division ¡ Attachments NOr //-/'/ SB 265 (O'Connell) Chapter 18/Statutes of 1996 t] AFFECTS: Family Child Care Homes . SUBJECT: Family Child Care Home Capacity Increase SUMMARY: This statute amends Sections 1596.78 (a), (b) and (c) of the Health and Safety Code which pertain to the definitions of a small and large family child care home. The bill increases the maximum capacity of small family child care homes to 8 children and large family child care homes to 14 ~hildren. This bill also adds Sections 1597.44 and 1597.465 to the Health and Safety Code. These sections require that,the two additional children be at least 6 years of age; reduce the number of infants that may be present; require landlord notification; specify that 'an assistant is not required in a small family child care home with 8 children; and require the licensee to notify a parent that the home may care for 8 or 14 children. IMPLEMENTATION These guidelines are in addition to the requirements of Sections 102371, 102416.5, 102419 and 102421 of Title 22, Division 12, Chapter 3. A., APPLICATION 1. Currently Licensed Family Child Care Homes a. CCLD will not issue new licenses to family child .care homes. Beginning January 1, 1997 licensees may begin to provide-care to8 or 14 children. However, they must meet all the requirements listed on the License Addendum, Attachment 3, and sign the form. This signed form must be maintained with their family child care home license. During the triennial visit verify that the licensee has met the conditions listed on the addendum if the licensee has a small family child care home providing care for more than 6 children or a large family child care home providing care for more than 12 children. 5 ) /--- /~ COUNCIL AGENDA STATEMENT Item /~ Meeting Date 7/22197 ITEM TITLE: Public Hearing: PCM-94-04; Consideration of a street name change, from East Orange Avenue to Olympic Parkway, between 1-805 and Wueste Road. /}- Resolution JÕ? J ?Terminating the First Concession Granting Agreement between the City of Chula Vista and EastLake Development Company. lS. Resolution / %'738'Ápprovi a treet name change from East Orange Avenue to Olympic Par een 1-805 and Wueste Road. SUBMITTED BY: Director of Planning ( <) Di='", of Comm.. ~m'n< . . REVIEWED BY: City Manage\"þ\ ~ ,/{ 4/5ths vote: (yes _/no ~ This is a City initiated application requesting approval to change the name of East Orange Avenue between 1-805 and Wueste Road to "Olympic Parkway" (see Locator 1). The intent of this proposal is to gain approval of the name change of the entire length of the roadway, but to implement Dnly the segment between Hunte Parkway and Wueste Road, which currently connects to the ARCO Olympic Training Center. Implementation of remaining segments of East Orange Avenue to the west would only occur as the future street segments are connected through to the east. The Environmental Review Coordinator has determined that the proposal is exempt from environmental review as a Class 1 (c) exemption. RECOMMENDATION: That the Council adopt the attached draft City Council Resolution terminating the First Concession Granting Agreement between the City of Chula Vista and EastLake Development Company, and that the Council adopt the attached draft City Council Resolution approving a street name change from East Orange Avenue to Olympic Parkway between 1-805 and Wueste Road. );2 .; / Page 2, Item- Meeting Date 7/22/97 BOARDS/COMMISSIONS RECOMMENDATION: At its June 11, 1997 meeting, the Planning Commission voted 6-0 (Commissioner Davis absent) to recommend that the City Council approve the proposed street name change, from East Orange Avenue to Olympic Parkway between I-80S and Wueste Road. DISCUSSION: Background In April 1993, the City Council directed the Planning Department to look at alternatives for changing Telegraph Canyon Road/Otay Lakes Road or East Orange Avenue between I-80S and Wueste Road to "Olympic Boulevard," and obtain approval for such a change from the U. S. Olympic Committee. After evaluating the street name change for the above mentioned roadways, staff concluded that the alternative of renaming East Orange A venue would be the better solution for two primary reasons: 1) once completed, this roadway will provide a direct connection between I-80S and the ARCO Olympic Training Center, while Telegraph Canyon Road/Otay Lakes Road does not provide a direct connection; and 2) a large number of both residential and commercial establishments already addressed on Telegraph Canyon Road/Otay Lakes Road would be affected, whereas there are currently no residences or commercial entities addressed on East Orange Avenue east of I-80S. There are a number of residential and commercial businesses addressed on East Orange Avenue west of I-80S, but they would not be affected by this proposal. This item was originally considered by the Planning Commission in February 1996 and a street name change from East Orange Avenue to "Olympic Parkway" between Hunte Parkway and Wueste Road was approved by the Commission at that time. Subsequent to that consideration, the proposal was put on hold due to the status of certain negotiations with EastLake which impacted this proposal. The negotiations in question pertained to an agreement between the City and EastLake related to "pass through" incentives to NYPRO San Diego to relocate to the EastLake Business Center. The renaming of Orange Avenue was identified as a City concession for which EastLake would in turn "pass through" $50,000 in incentives to NYPRO. NYPRO subsequently terminated their purchase agreement with EastLake. Therefore, staff is suggesting that those negotiations no longer have any bearing on this application. The Public Works Department has recently applied for a federal grant which could provide funds for construction of this roadway segment. /~/;¿ Page 3, Item- Meeting Date 7/22/97 Proposal/ Analysis With the exception of the segment between 1-805 and Brandywine and the recently constructed segment between Wueste Road and the USOTC main entrance, East Orange Avenue is not constructed east of 1-805; consequently, changing the name of the entire segment of the roadway at this time could mislead 1-805 motorists to a dead end street. Therefore, staff is suggesting that while the entire roadway between 1-805 and Wueste Road be renamed, only the section between Hunte Parkway and Wueste Road should be physically signed as "Olympic Parkway". The City would postpone implementation of the new name onto other segments of East Orange Avenue, as well as the changing of freeway signage, until such time as development proceeds and physically connects the westerly roadway portions through to the ARCO Olympic Training Center. Currently, the only area which is developed is East Orange Avenue from 1-805 to Brandywine. Under this "phasing" scenario, the street section between Hunte Parkway and Wueste Road could be physically implemented now, with the remaining street segments (such as 1-805 to Brandywine) to be re-signed at some future point in time when they physically link through to the OTC. Street Name Authorization to use the word "Olympic" for the above mentioned roadway has been granted to the City by the U.S. Olympic Committee with the condition that enforcing mechanisms be adopted to prevent the proliferation of the unlawful use of the word "Olympic" by businesses and developments proximate to or on Olympic Parkway. It is staff's intent, and the USOC has been advised of such, to restrict such usage in the future through CC&R or other restrictions to the extent allowed by applicable laws.. With regard to the street designator (Boulevard, Parkway, Road, Avenue, Way, Vista, etc.) it should be noted that East Orange Avenue with its designation of prime arterial would normally be designated as "Boulevard" per the City's adopted Subdivision Manual. However, the Chula Vista Municipal Code grants the City Council the authority to name or rename streets after receiving a recommendation from the City Planning Commission. Because this roadway leads to an important City landmark, the following street name designators are considered to be appropriate alternatives: Olympic Vista Olympic Parkway Olympic Boulevard or Olympic Road. /ol.~3 Page 4, Item- Meeting Date 7/22/97 The U.S. Olympic Committee has indicated that they would not support the name "Olympic Way"; therefore, it has been omitted from the above list. The Police and Fire Departments have endorsed the use of Olympic as a proposed street name indicating that, although there is an Olympia Street nearby, the street number system is quite different and therefore no conflict would exist. While staff has no particular preference, "Olympic Parkway" would be consistent with other major streets in the area which have utilized the Parkway Designator. NVDro / EastLake Agreement A related item is in need of resolution in conjunction with this action. Attached is a memorandum from Cheryl Dye, Economic Development Manager, dated June 27, 1997, which reviews an October 1995 "concession granting agreement" between the City and EastLake Development Company. As a part of that agreement, and for reasons explained in the memorandum, should the City successfully initiate and achieve the renaming of Orange Avenue prior to March 30, 1998, the City would be entitled to require EastLake to honor a $50,000.00 "credit" to the City for use as economic development incentives for NYPRO San Diego to relocate to the EastLake Business Park. Since, according to the tenns of concession agreement, NYPRO has until March 1998 to complete its facility construction within the EastLake Business Park, the City Attorney has pointed out that technically the agreement is still in effect. However, since the City, for reasons other than the concession agreement, is interested in renaming Orange Avenue, and further due to the fact that the NYPRO Purchase Agreement was voided by NYPRO rather than by EastLake, staff recommends that the Council fonnally act to tenninate the agreement between EastLake and the City, releasing EastLake from their obligations therein. EastLake's position is that since the NYPRO transaction is no longer pending, the concession agreement with the City is effectively tenninated (see their March 26, 1996 letter, within Attachment 6). Action by Council to tenninate the agreement should be taken as a separate action from, and prior to, approving action on the street name change. Conclusion For the reason noted above, staff recommends approval of, in the following order: 1) Fonnal action to tenninate the "First Concession Granting Agreement" between the City and EastLake Development Company, in accordance with the attached City Council Resolution; and, 2) Approval of the street name change from East Orange Avenue to Olympic Parkway between 1-805 and Wueste Road,. in accordance with the attached City Council Resolution. /:2 /1/ Page 5, Item- Meeting Date 7/22/97 FISCAL IMPACT: Under the Concession Agreement between the City and EastLake, Council's action to rename Orange Avenue would require EastLake to "credit" the City $50,000.00 to be used as a Business Development incentive. However, as discussed above and in Attachment 6, staff is recommending that Council terminate that agreement, releasing EastLake from that obligation, resulting in no fiscal impact to the City. As to the issue of signage, this name change could involve the expenditure of City funds to pay for the cost of changing names on freeway signs; a CalTrans representative has estimated the cost of changing all necessary signs at between $100,000.00 and $400,000.00. Staff will review this in more detail with the City Attorney's office to determine if it may be an appropriate expenditure under the Transportation DIP or another recoverable funding source. Attachments 1. Planning Commission Resolution on the Street Name Change NOT SCANNED 2. Draft Council Resolution - Terminating EastLake Agreement 3. Draft Council Resolution - Street Name Change 4. Locators .~ 5. CorrespoÐdence ftom USUC . £'Jur SCþ.J,'VNJ':'T" 6. Memorandum regarding EastLake Agreement . ÚJ (m: \home \planning \patty\pem9404. per) /2/Ç ~~n ~ . ='---.. A TT A CHMENT 1 Planning Commission Resolution /- ( THIS PAGE BLANK I - 1- RESOLUTION NO. PCM-94-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A STREET NAME CHANGE FOR EAST ORANGE A VENUE BETWEEN I-80S AND WUESTE ROAD TO OLYMPIC PARKWAY WHEREAS, on July 16, 1995, the City of Chula Vista initiated a street name change to rename East Orange Avenue, from I-80S to Wueste Road, to "Olympic Parkway;" and, WHEREAS, the Environmental Review Coordinator has detennined that the proposal is exempt from environmental review as class 1 (c) of the California Environmental Quality Act; and, WHEREAS, the Planning Director set the time and place for a hearing on the street name change and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., June 11, 1997, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution renaming East Orange Avenue from I-80S to Wueste Road to "Olympic Parkway." BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 11th day of June 1997, by the following vote, to-wit: AYES: Commissioners Aguillar, O'Neill, Ray, Tarantino, Thomas, Willett NOES: None ABSENT: Commissioner Davis Frank M. Tarantino, Chair Nancy Ripley, Secretary /-3 THIS PAGE BLANK /- i A TT A CHMENT 2 Draft Council Resolution - Agreement Termination :2 - ( THIS PAGE BLANK 2-¿ RESOLUTION - RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL TERMINATING THE FIRST CONCESSION GRANTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY WHEREAS, in an effort to encourage Nypro San Diego, a high technology business located in Chula Vista which was considering relocating to a site outside of the City, to relocate within the City's High Tech/Bio Tech Zone in order to help "seed" the Zone with a growing, high-tech, biomedical company, the City of Chula Vista entered into a certain agreement with EastLake Development Company; said agreement is known as the "First Concession Granting Agreement" ("Agreement"); and, WHEREAS, the Agreement contained certain provisions which were intended to serve as inducements for Nypro's relocation tD the EastLake Business Park within the City's limits, as opposed to a potential relocation outside of the City; and, WHEREAS, one provision of the Agreement places a $50,000.00 value on action by the City, within certain timeframes, to change the name of Orange Avenue to Olympic Parkway or Olympic Drive; and, WHEREAS, other reasons now exist for a street name change from Orange Avenue to Olympic Parkway, and the City Council no longer wishes to exact said $50,000.000 value from EastLake for such a street name change. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: In light of the infonnation provided and considered, the City Council hereby terminates the "First Concession Granting Agreement" between the City of Chula Vista and EastLake Development Company regarding the high tech/bio tech economic incentive program, dated October 3, 1995, and releases EastLake Development Company from their obligations therein. Presented by Approved as to form by Robert A. Leiter John Kaheny Director of Planning City Attorney 2-3 THIS PAGE BLANK 2-~ ATTACHMENT 3 Draft Council Resolution - Street Name Change 3-/ TillS PAGE BLANK 3-2- RESOLUTION RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING A STREET NAME CHANGE FROM EAST ORANGE AVENUE TO OLYMPIC PARKWAY BETWEEN I-80S AND WUESTE ROAD 1. RECITALS A. Project Site WHEREAS, the proposal is to change the name of East Orange Avenue to Olympic Parkway as diagramatically represented in Exhibit A attached hereto and incorporated by this reference and identified as "Project;" and, B. Project; Application for Discretionary Approval WHEREAS, On July 16, 1995, the City of Chula Vista ("Applicant") filed an application requesting to rename the East Orange Avenue from I-80S to Wueste Road to "Olympic Parkway" ("Project"); and, C. Planning Commission Record on Application WHEREAS on June II, 1997, the Planning Commission considered the above mentioned request and after hearing staffs presentation and public testimony approved the street name change by a 6-0 vote; and, E. City Council Record of Applications WHEREAS, the City Clerk set the time and place for a hearing on the street name change and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, at the City Council meeting, at which this Resolution was adopted, July 22, 1997, the City Council of the City of Chura Vista approved the street name change. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: 3-3 II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on June II, 1997, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has detennined that the project is exempt from environmental review as class I ( c) exemption. IV. NOTICE OF DETERMINATION The City Council directs the Environmental Review coordinator to post a notice of detennination and file the same with the County Clerk. V. ADOPTION OF RESOLUTION In light of the facts stated above and the public testimony presented at the hearing, the City Council hereby approves the street name change from East Orange Avenue to Olympic Parkway, with said change to be implemented for any section of the roadway only at such time as said section is physically linked through to the ARCO Olympic Training Center. Presented by Approved as to form by Robert A. Leiter John Kaheny Director of Planning City Attorney 3-1 A TT A CHMENT 4 Locators 4 -( THIS PAGE BLANK L/-L A TT A CHM:ENT 5 USOC Correspondence :)-( THIS PAGE BLANK ~-L .#~$DS":~ ' 'I'. . !l ~~,\ , Ii.USA':\} or: 2 ~o.~ ' "." 71°CP ~"Q99,.11 ",I " f' , ,;, ~~.. -/: '¡'I i:,';' ~'~'" ~"'/p ""-'-. ---_. ,vi CONFIRMATION OF FAX SENT "O" L_.__. ' Thomas C. Wilkinson Assistant Executive Dir<ctor May 22, 1997 Mr. Kenneth Lee City of Chula Vista Planning Department 276 Fori Avenue Chula Vista, CA 91910 SUBJ: Proposed street name change from East Orange Avenue to Olympic Parkway/AvenuelBoulevard Dear Mr. Lee: The United States Olympic Committee continues to support changing the street name of East Orange Avenue to a name utilizing the word "Olympic." Our February 12, 1996 letter to you agreeing to this was linùted from Wueste Road to Hunte Parkway. However, we have reviewed the proposed route from 1-805 to Wueste Road with city planners and understand that the majority of the road is through open space. Therefore, we agree to the renaming from 1-805 to Wueste under the condition of your May 19, 1997 letter. Should the City Council opt for an alternative from Olympic ParkwaylBoulevard/Avenue we would like to be advised as soon as possible. We still would not approve Olympic Way. We appreciate your intention to utilize development standards, CC&Rs, and/or other mechanisms to preclude any commercial operations that may develop on this street from using "Olympic" in their name without prior authorization from the U.S. Olympic Committee. While commercial development along this route is linùted, the city must be vigilant in watching for violations as commercial activities develop. Many love to associate with the word "Olympic", and we vigorously defend our exclusive proprietary rights under the Amateur Sports Act of 1978. Thank you for allowing us to comment on this matter. Sincerely, ~~.J~ Thomas C. Wilkinson TCWlIch cc: Ron RowanlJolm Smyth/Benita FiiZgerald-Mosley 5-3 United States Olympic Committee 1750 East Boulder Street Colorado Springs. Colorado 80909 719.632.5551 THIS PAGE BLANK ~Ý A TT A CHMENT 6 Memorandum Regarding EastLake Agreement rP - ( ? P, C-. ATTACHMENT 1 /Y BET\'¡EEN CITY OF CHULA VISTA AND , EASTLAKE DEVELOPI1ENT COI1PANY RE: HIGH TECH/BIO TECH ECONOMIC INCENTIVE PROGRAM '/ Û This Þ.greement, dated this -.J/{D day of 'C7tJí!FI(, 1995, for the purposes of reference only and effective as of the date last. executed between the parties, is made between the City of Chula Vista, a chartered municipal corporation of the state of California ("city"), and EastLake Development Company, a California General Partnership ("EastLaKe") , and is made with reference to the following facts: I. Recitals: lL City and EastLake are trying to stimulate high technology, biotechnology and biomedical "technology business-development in a territory of the City known as the High Tech/Bio Tech Zone as set forth in Resolution No. 2621 (adopted February 21, 1995), primarily consisting of the EastLake Business Center. B. The City and EastLake are currently negotiating a draft agreement, dated March 10, 1995, that would establish a working relationship to facilitate and encourage the location of high technology, biotechnology and biomedical technology. businesses within the High Tech/Bio Tech Zone (commonly kno.Jn as the "Menu Agreement"). An agreement with similar objectives and comparable provisions may be substituted' for the Menu Agreement and is referred to herein as the "Substitute Agreement". C. Nypro San Diego ("Nypro") is a high tech business currently located in Chula Vista that desires to relocate from its existing leased facility and to expand its business by the acquisition of land and construction of facilities. D. Nypro had considered relocating to a site outside of the City of Chula Vista. A key consideration was the significant differential in the cost of fees related to the two sites. The City wished to facilitate a reduction in fee costs related to the Chula Vista site in order to make the site more economically competitive. E. City wishes to encourage Nypro to relocate within the City's High Tech/Biotech Zone in order to help "seed" the Zone with a growing, high-tech, biomedical company via a proactive and innovative business retention effort. 1 (;;-ý' Û9ý/JI tf / 7f g--'¿' F. EastLake has entered into an agreement with Nypro for the sale of a certain parcel of land within the High Tech/Bio Tech Zone, whereby EastLake will place into escrow a reserve of funds, in the amount of $324,000, for the payment of Nypro's processing, assessment district and/or school district fees provided, hOl,¡ever, the City agrees to grant EastLake benefits/concessions/entitlements with an approximate value of $324,000. G. City approved the EastLake/Nypro transaction in concept pursuant to Resolution No. 17871 thereby directing staff to negotiate and return to Council for approval of an agreement ("Concession Granting Agreement") granting such benefits/ concessions/entitlements as it determined appropriate. H. This Agreement is intended to be such Concession Granting Agreement. II. Obligatory Provisions. Now, therefore, the part~e_s_a_gree__a_s fol~o,¡:, :_n -- --- -- -- -- - ----- -- A. EastLake's Promise to Discount Land to Nypro. EastLake promises City that EastLake will tender and consummate, unless Nypro refuses, an offer ("Nypro Offer") for the sale of land owned by EastLake in the High Tech/Bio Tech Zone to Nypro at an overall effective price not to exceed $3.50 per square foot of buildable acreage, and further agrees to reserve in escrow, the amount of not less than $324,000 ("Escrow Fund"), 'for Nypro to draw upon, up to a maximum equal to said amount, for the purpose of paying Nypro's processing, permit, development impact, assessment district, and/or school fees. B. Concessions to be Granted by City. The parties agree that, for the purposes of this transaction only, the Nypro Offer, if concluded, contains an "Inducement Cost" of $324,000 to be paid by EastLake. The parties acknowledge that this "Inducement Cost" is the minimum amount needed to induce Nypro to accept the Nypro Offer. The parties further agree that, the City is willing to bear, on the conditions subsequent herein stated, the Inducement Cost by granting the concessions, described herein, fo EastLake, ("City's Duty to Participate in Inducement Costs") equal or greater in value to the Inducement Costs. If the concessions granted by the City is greater in value than the Inducement Cost ("Excess City Credit") the City shall have the right, to apply the Excess City Credit in the manner described in this Agreement. 1. Changing name of Orange Avenue to Olympic Drive. 2 G-~- The City agrees to diligently prosecute and consider in Good faith, pursuant to the laws, rules and regulations for street ~ame changes and reserving to itself such unfettered discretion as the law requires in the circumstances, a City-initiated change of the name of Orange Avenue to Olympic Parkway or Olympic Drive for the segment of Orange Avenue right of way existing between I-80S and Wueste Road, and to bear the full processing costs therefore ("Concession No.1"). a. Street Name Change Successful. On the condition that the street name is substantially changed in the manner described within two years of the Effective Date of this Agreement, the parties agree on the following consequences: (i) Value of Concession No. 1. The described street name change \-Jill satisfy the City's Duty to Participate in the Inducement Costs to _uu the extent -of --$ 50,000 ("Va lue of- ..(:oncession No. 1"). b. Street Name Change Unsuccessful If the street nane is not substantially changed in the manner described ,-'i thin two years of the Effective Date of this Agreement, the City will have a good faith duty to provide another concession of equal or greater value. 2. Additional Concession. The parties agree to diligently and in good faith, meet and confer to decide on an additional concession(s) equal or greater in value to $274,000. (In the event the value is greater than $274,000, the City shall be entitled to the Excess City Credit as set forth in this Agreement.) If at the end of two years from the Effective Date of this Agreement, the parties have not agreed on the additional concession or its value, after meeting and conferring in good faith, the City shall provide EastLake with a list of no more than three concessions, equal or greater in value to $274,000 ("List of Concessions"), from which EastLake may select the additional concession. EastLake shall provide the City with written notification of its selection of .a concession or disapproval of the List of Concessions ("Notice of Decision") within 10 days of receiving said list. Failure to provide the City with the Notice of Decision shall be deemed an acceptance of the first concession and its value. If none of the concessions and/or the respective values are acceptable to EastLake, the parties agree to submit the dispute to binding arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration 3 &-ç, Association, within 30 days of the City receiving the Notice of Decision. The judgment rendered by the arbitrator shall be entered in any court, in San Diego County, having jurisdiction thereof. The arbitration shall take place in San Diego County, California. The parties agree to each share equally in the cost and expense of , the arbitration. The parties ackno\olledge and agree that it is impractical or extremely difficult for an arbitrator to choose a concession that the City may have the authority or power to grant. Consequently, the parties 'agree to limit the arbitrator to selecting a concession from the List of Concessions as provided herein by the City; provided, ho\olever, the arbitrator may determine. the value of said concessions. In the event that the binding arbitration results in a concession being granted to EastLake with a value, as decided by the arbitrator, of less than $274,000, the City shall refund EastLake, on a prorated basis, as described below, the difference from the value of the concession determined by the arbitrator and $274,000 ("Difference"). The City shall refund the Difference to EastLake by constructing infrastructure improvements, that EastLake - is -required to -build ,--includ ing but not -Ii mi ted to, roadway,' 'sewer, water or other utility improvements, or by paying for the construction of such improvements. The City sha 11 have the sole discretion in determining Hhich infrastructure improvements it chooses to construct for EastLake or whether to pay for !';uch construction. The City shall refund EastLake the Difference at a prorated basis of $75,000 each fiscal year, or the entire amount of the Difference if the balance owed is less than $75,000; provided, . however, at the end of four years from the date of the .arbitration award, the City shall repay, in cash, any balance remaining to Eastlake. In the event that the arbitration results in a concession being granted ~o EastLake with a value, as determined by the arbitrator, in excess of $274,000, the Excess City Credit shall be refunded to the City as set forth in this Agreement. c. Application of Excess CitY.Credit. The parties agree, that should the concessions granted by the City be greater in value than the Inducement Cost ("Excess City Credit") the City sha 11 have the right, for 10 years after the Effective Date hereof or the life of the Menu Agreement: (or a substitute agreement), whichever is greater, to apply the Excess City Credit to the acquisition of EastLake owned land within the High Tech/Bio Tech Zone or require EastLake to discount land to a High Tech/Bio Tech Business designated by the City or require EastLake to apply the city credit to fees or assessments on behalf of a future City-designated business within the High Tech/Biotech Zone. If the Menu Agreement (or a Substitute Agreement) has not been executed between EastLake and the City lvithin 18 months from the 4 ~":7 Effective Date of this Agreement, as may be extended by the City, and the City has not already applied the Excess City Credit in full in the manner de~cribed above, the City, may in its sole discretion, require EastLake to make a cash payment to the City of the Excess City Credit or any remaining portion thereof. EastLake shall pay the City the Excess City Credit within 10 days after the City has made a demand for such payment. Notwithstanding the foregoing, EastLake may suspend payment of the Excess City Credit to the City for a period of no longer than 45 days, or as may be reasonably extended by the City, if EastLake reasonably anticipates that an agreement wit:¡ a High Tech/Bio Tech Business will be, executed within said 45 day period and the City has tentatively agreed to apply the Excess City Credit tovlards such transaction. Both parties agree to use its reasonable best efforts to negotiate the Menu Agreement and to execute the same. D. Conditions Subsequent. The Duty of City to Participate in the Inducement Cost is ",subject_tç¡ the follovling ,Co!1ßi tt,OD.S .S\)bseguem.1:.. suchthatjf any of --." the following conditions should occur, the City's Duty to Participate in the Inducement Cost is voidable ab initio at the city's option. If a concession has been effectuated to EastLake before the occurrence of a Condition Subsequent permits the City's Duty to be voidable and the City exercises its option to void the Duty, the City shall have the right, at its option, to either (a) acquire any other parcel of EastLake o~ned land within Chula Vista desired by.the City at fair market value, and apply the full value of the concession, to the acquisition of such other EastLake owned parcel or parcels of land; (b) require EastLake to discount, to a High Tech/Bio Tech Business, designated by the City, a parcel of EastLake owned land within the High Tech/Bio Tech Zone, in the amount of the full value of the concession, or such portion thereof, that the City designates; (c) require EastLake to reimburse the fees of a High Tech/Biotech business designated by the City in the full value of the concession, or (d) require EastLake to repay the City, in cash, the following amounts: i) all undisbursed amounts remaining in the Escrow Fund, within 10 days after notice of voiding City's Duty is issued by City to EastLake; and ii) all funds previously disbursed to Nypro from the Escrow Fund, and all interest charges accrued thereon, that are recovered by EastLake. EastLake agrees to pursue all reasonable available legal remedies to collect all amounts disbursed to Nypro from the Escrow Fund and shall do so at EastLake's sole cost and expense. EastLake shall pay the city the recovered funds within 10 days of receiving said funds. In the event the amount actually recovered by EastLake is reduced due to a judgment against EastLake related to the Nypro Offer, EastLake agrees to pay the City the amount by which such disbursed funds was reduced, in addition to the amount that was actually recovered by EastLake, EastLake further agrees to pay the city any remaining value of the concessions, less the 5 (Ó-f cash repayments received by the City, in the manner described by (a) through (c) above. Those Conditions Subsequent are as follows: 1. Building Investment. Nypro shall fail to complete construction of an approximately 70,000 square foot facility on the parcel(s) included in the Nypro Offer ("Nypro Facility") by March 30, 1998. 2. Chula Vista Jobs Outreach. Nypro shall fail to- execute the attached Employment Agreement (Exhibit B) with the city of Chula Vista prior to close of escrow, and, during the period it is recruiting persons, to notify local employment service providers and their respective local labor pools/clients via the South County Career Center as provided in the agreement, and to advertise for unfilled positions in a minimum of one daily local newspaper of general circulation for at least three (3) days. (3) Commence Operations. Nypro shall fail to commence oþeratîohs--aÇthe-Nypr-ö-Faci li tY--by --.-June- 30, -1998. III. Miscellaneous provisions. A. Notice. Any notice or other docuDent required or permitted to be given hereunder shall be in writing and may be delivered personally or by deposit in the United States mail, postage prepaid, addressed as follows: To EastLake: To City: City Manager, City of Chula Vista 276 Fourth Avenue Chula Vista, CA. 91910 ¡'lith copies to: Subcommittee Chairperson (Mayor) City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 Notices and other documents deposited in the United States mail shall be deemed delivered 48 hours following such deposit. 6 ¿, - 7 Any party entitled or required to receive notice under this Agreement may by li~e notice designate a different address to which notices shall be sent. B. No Partnership, Etc. Nothing herein contained sha 11 be construed to create a partnership or joint venture between City and EastLake with respect to the development of the Zone or the EastLake Business Center or any part thereof, nor shall City have any liability or obligation to any person whatsoever except its obligations to EastLake as. specifically set forth herein. c. Gender, Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine gender and (ii) the singular number includes the plural number. D. c;apti?ns. Captions in this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement. E. Entire Agreement. This J..greement contain(s) the entire agreement between the parties relating to the transactions ,contemplated her'eby and all prior or contemporaneous agreeIëents, understandings, representa- tions and statement, oral or \.:ritten, are merged into and superseded by this Agreement. F. Modification. No modifications, waiver or discharge of this Agreement shall be valid unless it is in writing and signed by the party against which the enforcement of the modification, waiver or discharge is or may be ought. Any modifications, ¡.:aiver or discharge on the City's behalf must be approved by the City Council unless the authority has been specifically delegated in writing by the Council to another person, and such delegation specifically references this Agreement. G. Invalidity. If any material covenant, condition or provision of this Agreement is held to be invalid, void or unenforceable by a final order or judgment of a court of competent jurisdiction, the remainder of this Agreement shall be enforceable. 7 &-/0 H. Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute one instrument. , 1. Applicable Law. This Agreement sha 11 be construed and enforced in accordance with the laws of the State of California. -- -- 8 6~ 1/ Signature Page to Concession Granting Agreement Bet"een City of Chula Vista and EastLake Development Company Re: High Tech/Bio Tech Economic Incentive Program IN WITNESS WHEREOF, City and Developer have executed this Agreement this 5F(i' day of a7?J¡'1r/i( ,1995. GRANTOR CITY OF CHULA VISTA EASTLAKE DEVELOPMENT COMPANY, a California general partnership dIø~ 'Y' 'O"""" eRD"RTm, INC., ShirleyH on a California corporation, Mayor General Partner Attest: By: ¿::::/~~ ~ (2 Name: ~ t2 ~a-J.{!.;, T i U e, ~ Beve,'- A"Chelet By, -' ci ty Clerk NaMe: - Title: . Approved as to form by By: THE TULAGO COMPANY, a California corporation, c:~ l1K ¿ General Partner .I\¡..¡ho r-<9-... . Bruce M. Boogaara By: ~~ City Attorney NaMe: ;;:::' ~~ ~ Tltle: U: IHo.elAnorneylNyp2 9 &- /~ JUN.-26'9ìITHU) 09:53 EASTLAKE TEL:619 421 1830 P. 002 ATTACHMENT 2 ¡:¡,¡-. A~::¡" , .... June 23, 1997 tHE ElIS11AKE COMPANY Ms. Cheryl Dye Community Development Depar1ment City ofCltula Vista 276 Fourth Avenue Chura Vista, CA 91910 - -RE: - Renaming Orange Avenue Dear Cheryl: Tills letter shall serve to reconfirm our telephone conveI1¡ation of this date. Specific:aIly. The EastLake Company no longer recognizes any value ':0 renaming Orange Avenue to Olympic Boulevard. The City's decision to consider thi¡: action further should be limited to what the City of Chula Vista believes to be in their be:;: interests, as well as, those of the Olympic Training Center. This letter supercedcs our etters of March 26 and 29, 1996. If you have any questions, please feel tree 10 can, A1M;jv --- -----.---------- 9CO Lan... ^vonUE. 'ullo 100 . O.uIo """', CoUIomio Ol9M T."'p"""o':O"} ""I-C 121 Fac-"""o (6101 ^21-1A.10 . (tJ-/3' ~. -20' 971FRI) 16:41 EASTLAKE TEL:619 421 1830 P. 002 -- t~ I ATTACHMENT , March 26; 1996 Mr. Robert Leiter Yi~..Fax & VS Mail Director ofPlanniDg City ofChuIa VISta 276 Fourth Avenue ' ChuIa VISta, CA 91910 F.E: Public; Hearing March 26, 1996 Agenda Item 15 (ret13mÏr g a portion of EaSt Orange Road) Resoluñon 18243 ..IJ& Dear Bob: A8 Ea5tI.ùe Dcvdopment Company is in support of the propos~ renaming of a ..... ¡¡omon of East Orange Avenue 10 Olympic Parkway and the corresponding rcso!u1ion. We would like to make clear that the teIminarlon of the Nypro E'ASTLAKE transaction hIlS also 1enninatcd the FIRST CONCESSION GRANTING PEllROI'MENr AGREEMENT BETWEEN CI'IY OF CHULA yrsTA AND EASTLAKE COMPANY DEVELOPMENT COMPANY. The City Council should oot: consider the referenced resolution as part of the agreement with N,pro. We look forward to worlàng with the City to cOInplete the l13II1e change and provide the Olympic Tl3ining Center the greatest possible recc.gnition witIün the City ofCbuIa. Vista. If you have any questions, please feel fi"eetc, contact me. SÜ1cer~lys ML ~- . r reject Manager AJM:jv cc: Curt Stephenson 9Q(] Lane AwnU<! SU¡k>1OJ Chulc Vmc. CA91914 ~- (Ý f~J?U~~1~~~?1~ Jlil\,-2Û'9iIFRI) 16:42 EASTLAKE TEL:619 421 1830 P,O03 _. I!),vc" ATTACHME! Man:h29,1996 , Mr. Robert Leiter Director of Planning City of CbuJa VISta 27õ Fourth Avenue CImIa VISta, CA 91910 RE: Renaming Orange Avenue to OI)'II1pic Parkway Dear Bob: . This letter sba11 serve to confiI1Il that EastLake Dc:vclopmmrt Company continues . , to value the proposed renaming of Orange Avenue tn' Olympic: Parkway lit ~ $50,000. In consideration of the City of Cbnla Vista m!Ú:mg the name change, EastLake Development Company will, provide the next :qua!ificd purchaser, as designated by the; City of ChuJa VISta, a $50,000 reserve :acco~ at the close of ...- escrow. The purchaser may utilize these funds towa¡-d the' payment of City Fees, asscssmem dïstñcts or Me1lo-Roos obligations or any othe'r 1i:cs that are mutually EASl1AKE agreed to. ~ EastI..a1œ Development Company is prepared to e:œcute:an agreement with the' City reflecting this understanding. Please let us know bow you would like to proceed. '~y, rIAL ~~ enior reject Manager AJM:jv cc: Chris Salomone ../ Bruce Boogard ,,/ 900 La1. Awnue SUIIa 100 Chulo 'W1o. C!; 9191~ ~iJl¿ 421~127 &'-15 619) ~21.1e3D RESOLUTION J¿f737 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL TERMINATING THE FIRST CONCESSION GRANTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY WHEREAS, in an effort to encourage Nypro San Diego, a high technology business located in Chula Vista which was considering relocating to a site outside of the City, to relocate within the City's High Tech/Bio Tech Zone in order to help "seed" the Zone with a growing, high-tech, biomedical company, the City of Chula Vista entered into a certain agreement with EastLake Development Company; said agreement is known as the "First Concession Granting Agreement" ("Agreement"); and, WHEREAS, the Agreement contained certain provisions which were intended to serve as inducements for Nypro's relocation to the EastLake Business Park within the City's limits, as opposed to a potential relocation outside of the City; and, WHEREAS, one provision of the Agreement places a $50,000.00 value on action by the City, within certain timeframes, to change the name of Orange Avenue to Olympic Parkway or Olympic Drive; and, WHEREAS, other reasons now exist for a street name change from Orange Avenue to Olympic Parkway, and the City Council no longer wishes to exact said $50,000.000 value from EastLake for such a street name change. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: In light of the information provided and considered, the City Council hereby terminates the "First Concession Granting Agreement" between the City of Chula Vista and EastLake Develoment Company regarding the high tech/bio tech economic incentive program, dated October 3, 1995, and releases EastLake Development Company from their obligations therein. Presented by Approved as to form by Robert A. Leiter Director of Planning J;?A-) June 27, 1997 TO: Ken lee, Planning Director VIA: Chris Salomone, Director of Community Development ~ 7 . FROM: Cheryl Dye, Economic Development Manager SUBJECT: Renaming of Orange Avenue. NYPRO Agreement In October 1995 Council approved a "concession granting agreement" with Eastlake related to the Hightech/Biotech Zone economic incentive program (see attachment 1). At that time, NYPRO San Diego, a high tech business currently located in Chula Vista, was planning to expand and relocate. In a proactive attempt to keep them in the City, staff negotiated an agreement with Eastlake which provided for the City to offer certain "concessions" to Eastlake in exchange for Eastlake offering corresponding financial incentives to NYPRO. A specified concession was the City's agreement to pursue the renaming of Orange Avenue to Olympic Drive or Parkway. The agreed upon "value" to Eastlake of this concession was $50,000. In exchange for this (and for additional unspecified concessions totaling $274,000), Eastlake agreed to discount land to $3.50 per square foot and to reimburse NYPRO for fees paid up to a total of $324,000. A Purchase and Sale Agreement was executed between NYPRO and Eastlake. However, soon thereafter, due to decisions made at the corporate headquarters level (they have a total of 19 plants worldwide), NYPRO canceled the agreement. The company informed the City that their Chula Vista relocation plans were on hold due to a corporate concern regarding having over-extended themselves companywide. At the time, NYPRO indicated they were not eliminating future plans to relocate to Eastlake. According to the City Attorney, the agreement is still in force. That is, in the event the City successfully initiates and achieves the renaming of Orange Avenue prior to the deadlines for NYPRO to complete construction of the new 70,000 s.f. facility (by March 30, 1998) and to commence operations (by June 30, 1998) the City is entitled to require Eastlake to honor the $50,000 "credit". Technically, the City could require Eastlake to: a) sell a parcel to the City at a $50,000 discount; b) discount a parcel for another City.designated company by $50,000; c) reimburse a designated company's fees by $50,000; or d) pay the City this amount in cash. EastLake's current position is that the cancellation by NYPRO of their purchase agreement terminated EastLake's agreement with the City (see June 1997 letter, Attachment 2). This is consistent with the Eastlake letter received on March 26, 1996 (see Attachment 3). However, a March 29, 1996 letter (Attachment 4) from Eastlake indicated that they would honor the $50,000 "credit" and be willing to apply this amount to fee discounts for a future City. designated company (other than NYPRO). Oue to the fact that the City, for reasons other than the NYPRO agreement, is interested in renaming Orange Avenue, and to the fact that the NYPRO Purchase Agreement was voided by NYPRO (not Eastlake), staff is /¡¿A -2- ~ ~ j ?f~¿' COq{ -19'1 Renaming of Orange Avenue - NYPRO Agreement June 27, 1997 Page 2 recommending that Council formally act to terminate the agreement between Eastlake and the City, releasing Eastlake from their obligations therein. cc: Sid Morris, Assistant City Manager Glen Googins, Deputy City Attorney Patty Nevins, Planning Department I¡CDI H,\HDM~CDMMDEV\DY~DRANGE.AVEIJ"", 27. 1997111,29"'¡¡ /jA:3 RESOLUTION / % 73 ~ RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING A STREET NAME CHANGE FROM EAST ORANGE AVENUE TO OLYMPIC PARKWAY BETWEEN 1-805 AND WUESTE ROAD I. RECITALS A. Project Site WHEREAS, the proposal is to change the name of East Orange Avenue to Olympic Parkway as diagramatically represented in Exhibit A attached hereto and incorporated by this reference and identified as "Project;" and, B. Project; Application for Discretionary Approval WHEREAS, On July 16, 1995, the City of Chula Vista ("Applicant") filed an application requesting to rename the East Orange Avenue from 1-805 to Wueste Road to "Olympic Parkway" ("Project"); and, C. Planning Commission Record on Application WHEREAS on June 11, 1997, the Planning Commission considered the above mentioned request and after hearing staff's presentation and public testimony approved the street name change by a 6-0 vote; and, E. City Council Record of Applications WHEREAS, the City Clerk set the time and place for a hearing on the street name change and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, at the City Council meeting, at which this Resolution was adopted, July 22, 1997, the City Council of the City of Chula Vista approved the street name change. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: /;25-( _.~----" II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on June II, 1997, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that the project is exempt from environmental review as class I(c) exemption. IV. NOTICE OF DETERMINATION The City Council directs the Environmental Review coordinator to post a notice of determination and file the same with the County Clerk. V. ADOPTION OF RESOLUTION In light of the facts stated above and the public testimony presented at the hearing, the City Council hereby approves the street name change from East Orange Avenue to Olympic Parkway, with said change to be implemented for any section of the roadway only at such time as said section is physically linked through to the ARCO Olympic Training Center. Presented by Approved as to form by Robert A. Leiter Director of Planning Co""pom9404."" /;2g-eJ-- I . .- ~ I ".., I : I ¡ J I ¡ / I / I ~ ( CHULA VISTA PLANNING DEPARTMENT LOCATOR ~~-¡, City of Chula Vista ~OJ:cr D"..scRII'TlDN, C) I'ROJ= Between Hunte Parlcway & ":>0=, Wueste Road sr..-oJ.!, FIl.:NUM5R I'J..ß-3 l NORïH N-~ Scale PCM.94-04 - .. " ~ --- CHULA VISTA PLANNING DEPARTMENT LOCATOR ~~, City of Chula VIsta PROJECT DfSaJPTIQN, C) Between 1-805 MISCELLANEOUS Re.quest: Street PROJECT name change, from 'East Orange Avenue' APDR5S, an.d Wueste Road SCÞ.Lf, I FII! NUMBEIò to 'Olympic Parkway', between 1-805 NORTH No Scale PCM-94-D4 and Wueste Road ¡:ztfJ-4 COUNCIL AGENDA STATEMENT Item /:5 Meeting Date.1LnL21 ITEM TITLE: Public Hearing on the Resolution ofIntention to form Assessment District 96-01, on Twin Oaks Avenue between Naples Street and Emerson Street, pursuant to the Improvement Act of 1911. Resolution /5'73 '1 Making findings at public hearing pursuant to Chapter 27 of the "Improvement Act of 1911 " SUBMITTED BY: REVIEWED BY: City Manager~ (4/5ths Vote: Yes_NoX) ;--z On May 6, 1997, Council adopted Resolution 18657 approving the boundary map for AD96-01. At the same meeting, Council also approved Resolution ofIntention No. 18658 (see Exhibit A) ordering the installation of street improvements on Twin Oaks Avenue from Naples Street to Emerson Street pursuant to the Improvement Act of 1911 (also known as the 1911 Block Act) and setting the public hearings for July 15 and 22,1997. The public hearings are being held to receive public testimony on the proposed district improvements. The first public hearing was held on July 15,1997. No property owners testified at the first public hearing. RECOMMENDATION: It is recommended that the Council: 1). Hold the public hearing; 2). Receive testimony; 3). Close the public hearing; 4). Approve the resolution making findings at public hearing pursuant to Chapter 27 of the "Improvement Act of 1911". BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On April 15, 1997 by Resolution # 18630, Council accepted a petition, signed by 18 of the 20 property owners, for the formation of an assessment district (1911 Block Act) for the construction of street improvements, such as curb, gutter, sidewalk and pavement on Twin Oaks Avenue between Naples Street and Emerson Street. The Act is a financing mechanism which authorizes local agencies to impose assessments on benefitted property to finance the construction of public /3-/ Page 2, Item- Meeting Date 7/22/97 agencies to impose assessments on benefitted property to finance the construction of public inftastructure facilities. The public improvements proposed to be financed through Assessment District (AD) 96-01 include widening the street trom a paved width of 24 feet to 36 feet, pedestrian ramps, curbs, gutters, sidewalks, driveways and miscellaneous appurtenant structures. Completion of the improvements is projected for the first quarter of 1998. In addition, on April 15, 1997, Council also approved Resolution # 18631 appropriating $180,000 from the unappropriated balance of the Gas Tax fund into the Twin Oaks Avenue project account. Staffhas estimated the total project costs at $340,000 with the construction costs at $216,000. About $115,000 of the estimated $216,000 cost of construction is to be reimbursed trom the property owners upon successful fonnation of the assessment district. The construction of the missing street improvements is included in the Capital Improvement Program (CIP) for Fiscal Year 1997/1998. All owners of property within the proposed assessment district (see Exhibit B) were mailed notice of the two public hearings and the estimated assessment to their properties. The boundary map of AD96-0 1 was filed in the County Recorder's Office on Friday May 9th, 1997. Also, as required by the Act, the Resolution of Intention was published twice in the STAR NEWS newspaper on Saturday June 28th and on Saturday July 12th, 1997, with the first publication being at least ten (10) days prior to the Public Hearing date. In compliance with the Act, each property owner within the proposed district was also notified to construct the improvements fronting/abutting their property. The notice also indicated that if construction is not commenced within sixty (60) days after the notice is given, the City shall proceed with the construction of the improvements and the cost of said construction shall then be assessed as a lien on the property. If the assessment is not paid upon confinnation, the City shall collect the unpaid balance of any assessment semiannually in conjunction with the collection of City taxes. In accordance with the Resolution ofIntention, said balance shall be paid over a period often (10) years at an interest rate of 7% per annum. The assessments are based on the amount of trontage on Twin Oaks Avenue and a portion of Naples Street. The assessments range trom $4,700 to $13,066 (see Exhibit C). As of July 15, 1997, none of the property owners has applied for a construction pennit to install the improvements. All property owners were invited by mail to attend a meeting on Thursday May 29, 1997 at which details of the project were discussed. Only one of the property owners attended the meeting although staff did receive some telephone calls trom other property owners. Staff was able to resolve those issues which were brought to their attention. Specifically, those issues centered on the widths and locations of driveways. The major issues discussed at the meeting were: 1) assessment district proceedings; 2) project schedules; 3) project cost estimates and property owner's share of costs; 4) payment schedules; 5) financing alternatives 6) project design; 7) a question & answer session; and 8) upcoming public hearings. /3--~ Page 3, Item- Meeting Date..m2L2Z... In order to comply with the requirements of Proposition 218, the "Right To Vote on Taxes Act", which was passed by a majority of the state voters in a generally held election of November 5, 1996, staffhad to prepare ballots. Proposition 218 requires that a ballot be mailed to all property owners which may be subject to an increase in their property taxes. When the ballots are returned, the majority of the votes for or against, based on financial obligation determines whether or not this district is formed. The results of the voting ballot returns as of June 18, 1997 show the following: 16 ballots of 20 returned with 14 in favor ($74,166) and 2 against ($19,834) the formation of an assessment district. Based on the property owner's total financial obligation of$114,858, the ballots returned represent 64.57% of the property owner's share of the financial obligation voting in favor. As of July 15, 1997, the other 4 property owners had not yet responded with their ballots, but they do have until the close of the second public hearing date of July 22, 1997 to cast their vote (see attached ballot summary Exhibit D). Even if these final 4 property owners submit their ballots against the formation of this district, their sum financial obligation will not be enough to reverse the majority vote submitted. The property owners which have already submitted their ballots, also have until the closure of the second public hearing date to change their vote, if desired. Estimated Assessments The estimated project cost is $340,000. The City will finance the construction of the improvements estimated at $216,000 and will be reimbursed by the property owner's their share of the cost of the improvements which are estimated at $114,858. The City will collect these funds through the formation of AD96-01 and the collection of installments with their property taxes. Design, inspection, district formation costs and contingencies, estimated at $124,000, will not be reimbursed and will be absorbed by the City in accordance with Council Policy #505-01 (Exhibit E). As mentioned above, the proposed total assessment amount is $114,858. The estimated amounts to be assessed to each of the parcels in the district is presented in Exhibit C. In order to address the Council's and property owner's concerns over financial hardship in meeting the payment obligations, staff has included an attachment (Exhibit F), which describes alternative payment methods that Council has adopted for other assessment districts. If there is a property owner which has financial difficulties, they must have Council approval in order to utilize any of the reduced payment alternatives (Alternatives 2 & 3). Resolutions Tonight's action will continue the proceedings for the formation of AD 97-01 pursuant to the "1911 Block Act". By approving the proposed resolution Council will make the following findings: 1. The City Council of the City of Chula Vista, California, has instituted proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911 being Division /3-;; , 4 Page 4, Item- Meeting Date~ 7 of the Streets and Highways Code of the State of California for the construction of certain authorized improvements in a special assessment district known and designated as Assessment District No. 96-01 (AD No.96-01); 2. Notice has been given in the manner and form as required by law and specifically Article II, Part 3, of Division 7 of the Streets and Highways Code, and a Certificate of Compliance is on file in the office of the City Clerk; 3. The City has complied with the requirement of Proposition 218, the "Right To Vote On Taxes Act", by mailing out ballots to all property owners subject to an increase in their property taxes and has counted the ballots returned and found that based on financial obligation, that 64.5% of the property owner's share, voted in favor of forming the assessment district; 4. A public hearing has been held and all testimony and evidence heard relating to the work of the improvement as proposed for the Assessment District if said construction is not commenced within sixty (60) days after notice is given to the property owner (by 7/05/97) cause the work to be done; 5. All protests of every nature are hereby overruled and denied; 6. The Superintendent of Streets is hereby directed to proceed and cause the construction of the works and improvement in said Assessment District if said construction is not commenced within sixty (60) days after notice is given to the property owner (by 7/05/97) cause the work to be done; 7. The works of the improvement shall be done and carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911" and for all particulars as to these proceedings, reference is made to the Resolution ordering the installation of the public improvements and instructing the Superintendent of Streets to give notice; 8. The works of improvement and project shall be financed pursuant to the provisions of said Chapter 27, and the City shall collect each assessment remaining unpaid following the expiration of a 30 day cash collection period. Said balance shall be payable over a period of I 0 years at an interest rate of 7% per annum. The City shall collect the unpaid balance of any assessment on the district properties semi-annually in conjunction with the collection of City taxes, excepting those properties for which a payment deferral has been approved. The collection of assessments on these properties shall be in accordance with the payment schedule stipulated in their deferral agreement. / J --if Page 5, Item- Meeting Date~ Future Actions Bid results and award of the construction contract would be submitted to Council by September 1997. This item will include a public hearing where the property owners can review their assessments based on bids and, if they so desire, request Council to stop the district proceedings. Pursuant to the "1911 Block Act", confirmation of the assessments will be brought before Council on or about April 1998, after the improvements are constructed. The construction is anticipated to be completed by late February, 1998. All property owners within this proposed assessment district of20 parcels have been sent a copy of tonight's City Council agenda statement and attachments. FISCAL IMP ACT: This project was originally approved in the FY96/97 budget as CIP project STL232 - Twin Oaks Avenue between Naples and Emerson Streets. The financing for this project (Project total of $340,000) is being funded through Sewer Trunk funds ($115,000) and Gas Tax funds ($225,000). Assessment district proceedings will allow for the property owners within this district to participate in contributing $114,800 towards the costs of the construction, preliminarily estimated at $216,000. The estimated property owner's share will be reimbursed with 7% interest over a period of 1 0 years. Exhibits: A - Resolutions # 18657 & 18658 NOTSCANNh..." B - Boundary Map J j C - Estimated Assessments D - Ballot Sununary J E - Council Policy # 505-01 NOT SCA1'tN! :) F - Description of Payment Alternatives ,",,-, '-, . , ,.,. NG., ,'y'.l,"" FILK 0725-IO-A096-01 Jti117, 1997; 2:59pm H:\HOMElENGINEERIAGENDA 1AD961 PH' ,FXR /3~p RESOLUTION NO. /'%7.31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911" TO FORM ASSESSMENT DISTRICT 96-01, ON TWIN OAKS AVENUE BETWEEN NAPLES STREET AND EMERSON STREET WHEREAS, the city Council approved Resolution of Intention No. 18658 ordering the installation of street improvements on Twin Oaks Avenue from Naples Street to Emerson Street pursuant to the Improvement Act of 1911; and WHEREAS, all owners of property within the proposed assessment district were mailed notice of the public hearings and the estimated assessment to their property; and WHEREAS, the Resolution of Intention was published twice in the Star News on Saturday, June 28, 1997 and Saturday, July 12, 1997 with the first publication being at least ten days prior to the public hearing date; and WHEREAS, each property owner within the proposed district was notified on May 5, 1997 to construct the improvements abutting their property within sixty (60) days after notice is given. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: section 1. Findinqs: The city Council does hereby find as follows: A. The City Council of the City of Chula vista, California, has instituted proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911 being Division 7 of the Streets and Highway Code of the State of California for the construction of certain authorized improvements in a special assessment district known and designated as Assessment District No. 96-01 (AD No. 96-01). B. Notice has been given in the manner and form as required by law and specifically Article II, Part 3, of Division 7 of the Streets and Highway code, and a certificate of Compliance is on file in the office of the city Clerk. C. A public hearing has been held and all testimony and evidence heard relating to the work of improvement as proposed for the Assessment District, and the legislative body is desirous at this time to proceed. 1 13-¿ section 2. That all protests of every nature are hereby overruled and denied. section 3. The superintendent of Streets is hereby directed to proceed and cause the construction of the works and improvements in said Assessment District if said construction is not commenced within sixty (60) days after notice is given to the property owner (by 7/5/97) to cause the work to be done. section 4. The works of the improvement shall be done and carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911" and for all particulars as to these proceedings, reference is made to the Resolution ordering the installation of the public improvements and instructing the Superintendent of Streets to give notice. Section 5. The works of improvement and project shall be financed pursuant to the provisions of said Chapter 27, and the city shall collect each assessment remaining unpaid following the expiration of a 30 day cash collection period. Said balance shall be payable over a period of 10 years at an interest rate of 7% per annum. The city shall collect the unpaid balance of any assessment on the district properties semi-annually in conjunction with the collection of city taxes, excepting those properties for which a payment deferral has been approved. The collection of assessments on these properties shall be in accordance with the payment schedule stipulated in their deferral agreement. section 6. The City has complied with the requirement of Proposition 218, the "Right To Vote On Taxes Act", by mailing out ballots to all property owners subject to an increase in their property taxes and has counted the ballots returned and found that based on financial obligation, that 64.5% of the property owner's share, voted in favor of forming the assessment district. Presented by Approved as to form by Ov-... 'h\~ ~ John P. Lippitt, Director of John M. Kaheny, city Attorney Public Works C:lrslad9601.fin 2 /3-? //3 -/3 EXHIBIT ~ RESOLUTION ',0. 18657 RESOLUTION O¡: THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE BOUNDARY MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 96-01 OF PROPERTIES TO BE ASSESSED FOR ALLEY IMPROVEMENTS WHEREAS, on April 15, 1997 by ResolUtion 18630, Council accepted a petition for the formation of an assessment district (1911 Block Act) for the construction of street improvements, such as curb, gutter, sidewalk and pavement on Twin Oaks Avenue between Naples Street and Emerson Street; and WHEREAS, the City Environmental Review Coordinator studied the potential environmental impacts associated with the implementation ofthe project and has determined this project is categorically exempt from the requirement for an Environmental Impact Report; and . WHEREAS, the City Council of the City of Chula Vista, California, has been presented and has received a map showing the general nature, location and extent of the proposed improvement work, and also designating, and describing the boundaries of the area proposed to be assessed in the assessment district under the provisions and aUthority of the "Improvement Act of 1911", ofthe Streets and Highway Code ofthe State of California; said assessment district designated as Assessment District 96-01 (hereinafter referred to as the Assessment District). NOW, THEREFORE. IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the map of the Assessment District showing the general nature, location and extent of the proposed public improvements and also showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed improvements' designated as "PROPOSED BOUNDARIES ASSESSMENT DISTRICT 96-01 1911 ACT IMPROVEMENT DISTRICT" is herebysubmined. and the same is hereby approved-and adopted. SECTION 3., That the original map of proposed boundaries of the proposed Assessment District and one copy thereof is to be filed in the office of the City Engineer. SECTION 4. A Certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District; evidencing the date and adoption of this ResolUtion, and within fifteen (15) days after the adoption of the Resolution fixing the dates, times. and place of hearings on the 'formation 'or extent saiçj Assessment District, a copy of said map shall be filed with the correct endorsements thereon with the County Recorder, all in the manner and form provided for in Section 31 1 1 of the Streets and Highways Code of the State of California. Presented by Approved as to form by )3--~ " ."ìesc¡iJ:::¡;1 i 3657 ?age 2 ?ASSED, APPROVED, and AD~PTED by the City Council of the City of Chula Vista, California, t~is 6th day of May, 1997, by the following vote: AYES: Councilmembers: Mpot. Padilla, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ,¿j¡¡" ./ - :t~~/~~. Shi ,y Horton, Mayor ATTEST: ~ (), aJ zf!JJ J Beverly Á.. Authelet, City Clerk ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of ChulaVista,J::alifornia, do hereby certify that the foregoing ResolUtion No. 18657 was duly passed, !3pproved, and adopted by the City ,- , Council at a regular meeting of the Chula Vista City Council held on the 6th day of May, 1997. Executed this 6th day of May, 1997. Beverly A ~ )3,-.9 EXHISlï A ,r-' RESOLUTION NO, 18658 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING INSTALLATION OF IMPROVEMENTS ON ,TWIN OAKS, AVENUE BETWEEN NAPLES STREET AND ,EMERSON STREET, ORDERING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 96-01 PURSUANT TO THE BLOCK ACT OF 1911 WHEREAS, the City Council of the CITY OF CHULA VISTA, CALIFORNIA, is desirouE to institute proceedings pursuant to the provisions óf Cha'pter 27 of the "Improvement ACi of 1911", of the Streets and Highways Code of the State of California for construction oj certain authorized, improvements in an assessment district known and designated as Assessment DiStrict96;01. 1911 BLOCK ACT affecting properties fronting/abuning on Twin Oaks Avenue between, Naples Street and Emerson Street (hereinafter known and designated as the" Assessment District") and" " WHEREAS, Sections 5875 and 5876 of said Streets and Highway Code authorize the legislative body, upon its own motion, to order the installation of authorized improvements in front of or abutting properties with the costs thereon to be assessed as set forth under 'the provision of said ç;.hapter 27. . WHEREAS, Section 5131 requires a Resolution of Intention to form an assessment dis!ñct to perfonn such work and Section .5132 requires public hearings to hear objections by those affected by the district formation , , NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: , , ,-, , SECTION 1. That the above recitals,are true and correct, ,- ", SECTION 2. That the public interest and convenience requires, and this legislative body hereby orders the construction and installation of certain street improvements such as curb, guner, sidewalk and pavement on Twin Oaks Avenue between Naples Street and Emerson Street in what is known as the Assessment District. SECTION 3. All of the above mentioned works of improvement shall be generally constructed at the grades, along the lines, between the points, and at the places and in the ma~œr as shown on the plans for said work designated by the number and the name of the AssessmentDistrict, which said plans are hereby approved and adopted. FDr all particulars as tó'thealignment Df the works and a full and detailed description, reference is hereby made to said' plans' and specifications as on file in the Office of the City Engineer. . SECTION 4., That the wDrlcs ofimprovements, in the opiniDn of this legislative body, will renefit the abuning and, fronting properties within said block, and this legislative bDdy -' hereby makes the expenses Df said improvement chargeable upon the property or prDpel1ies J) -"If) within the bDundaries Df the Assessment District, which District is declared tD be the area and abutting properties benefitting by the work and improvements for a general descriptiDn of the ..Ass~ssment District and area of benefit, reference is made tD a map Df said district previously ~ ;'esolc::;C):) 18653 ?age 2 approved and s.aid map identified by number of this Assessment District, and said màp shall be kept on file with the transcript of these proceedings and open.to public inspection. . . . SECTION 5- pursuant to the provisions of Section .5875 of the provisions of Chapter 27 of the "Improvement Act of 1911"; it is hereby declarêd'to be the responsibility of the owners of the lots or portions of lots fronting/abutting on Twin Oaks Avenue between Naples Street and Emerson where this legislative'body, pursuant to said Section, bý'its own motion, orders the installation of the improvements, and the property owners shall have the duty and responsibility of constructing or causin.g the construction of saiD improvements fronting\abutting their properties to commence within sixty (60) days upon notice so to do by the Supeñntendent of Streets. If the work is not commenced by the property owners within sa.id period, the Superintend_e~t of Streets s~all pr~ceed to caus~ said ~ork to be completed. . ". SECTION 6. That all of the wDrk and improvements herein proposed shall be done and carried through and. fina!",ced pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", of the Streets an'd-Highways Code ofthe State of CaJifornia: For all particulars, reference is made to said" Act", and the provisions contained therein.' SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 15TH AND 22TH OF JULY 1997, A~THE HOUR OF 6:00 P.M.,. IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL; BEING THE COUNCIL CHAMBERS, PUBLIC SERVICES BUILDING, 276 FOURTH AVENUE, CHULA VISTA, CA., ANY AND ALLPERSONS HAViNG ANY OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENTS OR THE PROCEDURE ESTABLISHED HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. . SECTION 8. If the work is done by the City, and if the assessment cost is not paid upon confirmation of the assessment, the City shall collect payment of the assessments, annual installments, and interest in accordance with the' provisions of Section' 5895 of Chapter 27 of the "Improvement Act of 1911", of the' Streets and Highways Code of the State of California. The number of annual installments shall be 10 and the interest rate shall'- -' be 7 percent per annum. . SECTION 9. . The' Superintendent' of Streets is hereby directed to notify the owner or person in possession of the properties fr-onting/abutting that portion of the street in the block where work is to be constructed and directing them to construct or cause to be constructed the impro'vements within sixty (60r days after notice is given, and to diligently and without interruption prosecUte to 'completion said work. A.' Notice. shall be given by mailing' a letter, postage prepaid, to the property owners at their last known address as the same appears on the last equalized assessment roll used by the City for tax collection, or to the name and address of the person owning such property as shown on the records of the City Clerk. 3. The City Clerk shall cause a .copy of the proposed boundary' map to tie filed in the Office. of the County Recorder within fifteen (15) days after the adoption J"7 ~ / / of this ResolUtion setting dates, time and place for the public hearings. /.-J / / ~ 'èesJi~,iDn 1865: ?age é r- C. The City Clerk shall cause the Resolution of Into:ntiDn LD bo: published twice. with the first publication occurring at least ten (10) days prior to the second , public hearing. j '" SECTION 10. The estimated cost to the City of the works of improvement as proposed under these proceedings, is estimated to be $340,000.00. SECTION 11. For any and all information relative to these proceedings, including the information relating to the protest procedure, your attention is directed to the person designated below: Frank Rivera, Civil Engineer City of Chula Vista P.D.Box 1087 Chula Vista, CA 91910 Telephone: {619 691-5266 Presented by Approved as to form by ßL/~ J~hn P. Lippitt - Public Works Director - .- /3-/.2- ... ~ Resoiu:ion 1 B658 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista. California, this 6th day of May, 1997: by the following vote: AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Jkú.' I~ shir1f; Horton, Mayor ATTEST: ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) - .- I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18658 was duiy passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of May, 1997. Executed this 6th day of May, 1997. ~f2~d Beverly. Authelet, City Clerk - ~ /3 ~/3 .- EXHIBIT ...JL_> 0 ~ =: s::- "I ---~~~-~~~-Mms:Nõ81[âKr-~~~~- ~! Ii:! ~ ' - ~ ,'<,,] ,,', 1 <:I~ ~~::: I!Q "', ",1,."<" I;: '-' S .... !3 .", " \ ", ',: ~ i: ~ ì? Ii ~'<---J~> Þ e 8~~ x 0 I~ ~" , ",-0 '" f U "'J~ :: ~ 5 I @ "">1"'- ="'~ N - :\:"'-" = 0 " '~'", --:;¡:;.... 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J.l:ÆLS Sl'IdfN 1:: ~ ~ <: ~ Ë ~ ~"'5:S I 00 ~.... ð '" ....¡§ ~ if '-'~ > [ ~ ß /3-) ~~~~ I ;¡:; I ~;;~~~ ~ I EXHIBIT C BALLOT SUMMARY TWIN OAKS AVENUE ASSESSMENT DISTRICT NO. 96-01 Assmt Initial Cost Cumulative Cumulative No. Name Estimate Yes or No Dollar Amt Percent 1 Yeoiz $6,768.00 - 2 Truman $4,700.00 - 3 Zepeda $4,700.00 Yes $4,700.00 4.09% I 4 Simer $4,700.00 Yes $9,400.00 8.18% 5 Willard $4,700.00 Yes $14,100.00 '12.27% I 6 Cook $4,700.00 Yes $18,800.00 16.37% 7 Petez . $4,700.00 Yes $23,500.00 20.46% 8 Barbaro $4,700.00 Yes $28,200.00 24.55% 9 Rasco $4,700.00 Yes $32,900.00 28.64% 10 Hatlev $13,066.00 No 11 Gaos $8,366.00 Yes $41,266.00 35.92% 12 Quinlan $4,700.00 Yes $45,966.00 40.02% 13 Marouez $7,050.00 Yes $53,016.00 46.15% 14 Brown $7,050.00 Yes $60,066.00 52.29% 15 Delohenich $4,700.00 Yes $64,766.00 56.38% 16 Delohenich $4,700.00 Yes $69,466.00 17 Robles $4,700.00 18 Montoya $4,700.00 Yes $74,166.00 64.57% 19 Bishoo - $4,700.00 20 Revnante $6,768.00 No Total $114,868.00 . Meets minimum 60% teQuirement of property owners in favor of forming assessment district. - Unknown, no ballot received from property owner as of 6/18/97. h:\home\.ngin....~.nddev\.d96 1 bal. wq 1 ~ /3-/3 BALLOT SUMMARY EXHIBIT "D" ¡ ASSESSORS ASSESSMENT BALLOT STREET PARCEL NUMBER * ADDRESS NUMBER CD UNKNOWN 1150 1WIN OAKS AVENUE I 619-122-16 Q) UNKNOWN 1140 lW1N OAKS AVENUE I 619-122-17 Q) I YES 1138 lW1N OAKS AVENUE I 619-122-18 @ rtS 1136 lW1N OAKS AVENUE 619-122-19 @ rtS I 1134 1WIN OAKS AVENUE I 619-122-20 @ rtS 1130 1WIN oAKs AVENUE I 619-122-21 ø I rt5 1120 1WIN OAKS AVENUE I 619-122-22 @ YES 1116 1WIN OAKS AVENUE 619-122-23 @ rtS 1112 1WIN OAKS AVENUE I 619-122-24 @ NO I 235 NAPI.£S STREIT I 619-122-28 @ rtS I 1101 1WIN OAKS AVENUE I 619-131-01 @> rt5 1109 1WIN OAKS AVENUE I 619-131-02 (j) rt5 1115 1WIN OAKS AVENUE I 619-131-03 @ YES 1127 1WIN 00'.5 AVENUE I 619-131-05 @ ß 1131 1WIN OAKS AVENUE I 619-131-06 @ rt5 I 1133 1WIN OAKS AVENUE I 619-131-07 @ UNKNOWN I 1135 1WIN OAKS AVENUE I 619-131-08 @ rtS 1137 1WIN OAKS AVENUE I 619-131-09 @ I ~ UNKNOWN 1143 lW1N OAKS AVENUE I 619-131-10 @ NO I 230 EMERSON S1REET I 619-131-11 f I I I ~J-/Þ * ÞS OF 6/18/57 Ct.òl?U1ER FlE: C:\RI3\COU\SUPPORi\S1l1.,"'9\ISmJST.t7Ir. I Ex;--i 13/T t: .I II COuNCIL ?OLJCY /--- CITY OF Chu1-A. VISTA / SLJ"BJECT: ?J._"?710?ATiON BY T."':":: OT! 0:: CHUL" POLley EFFECTIVE I ' VJSTA IN 1911 BLOCK ACï ??,DG?LJ-.1 NUMBER DATE PAC ( PROCEEDINGS 1101 505-01 08-30-83 ADOPTED BY: ResoJu¡jon No. 11373 . I DATED: 08-30-83 ,. BACKGROUND Tn~~ z¡-~ properries wiùlln th~ CiIy Emirs that do not hav~ full SIre~t improv~menrs. In t.ÌJ~ past, Coundi direcr~d ili~ owners of critica] unimproved parcels ro insrill their missbg pubFc improvem~nrs. Tne 1; 3Ioclc.A.rr Proceedbgs W~e utiHzed in most ÏI-.sraDces. ;'.:; "', encouragement for propeny owner partidpati the City has conmDUIed' funds for th~ compl~tion of c=in items of worle [i.~., grading, pivem, installation;-ètc.). - AlSo,- th~ CiIy consistenr:1yhas conmD¡]¡ed engineering inspection and adminismr - services ax DO charge to the propeny owner(s). Howev~, there is no Council adopted policy regarding C pa¡¡jciparion in 1911 B]ock Acr improvement consrrucrion proceedings. Tnis policy is designed to encourage the ÏI-.staJlation of InÌSsi11g improvem~nIs along develoDed residentiaJ 10 It specifically sets CiIy partidpation goals for the improv=ent of corner, non'corn~, 2.TJd doubl~ fronta residenrial lots. Tn~ poEcy reaffinns CiIy Council intent IO require the fustallarion of public improvemer adjacent to undeveloDed propeny [residenriaJ, comm~ciaJ, aDd indusnial) through the for:marion of 1911 1-. ;'.ssessment DistriCtS or through'the subdiy;.sion 2nd building permit approval procedures. - .'-, Tnis policy shall only apply to areas i.')corporared on or bcio!e this policy's eñective dat~. > J- ~' PURPO£ To estaÌ>lish a policy for pa.-ridparion by the City in the consrruction of public improvemen:s \~a the 19) Block Acr ?-.oc~edings (Olapter 27, SIreer and Highways Code of the S¡a!~ of California). ?DUIT Tne City Council es7.abEshes LÌJe folJowi¡,g policy for CiIy participation in 1911 Block Act Frog=: proceeamgs: '- 1. Ge..,eriI ParriciDa!ion 2. Tne City, ar no cost to the prop..-ry owner(s) shalJ provid~ alJ enginee..-i."lg, inspecrion "'" admbisüative se.."'~ces necessary ¡O i!:!Stall missing improvemen!S \~a the 1911 Block ACt ProgT2r: proceeamgs. b. ]I shaJl be L"e Ci¡is responsibility ro relocate alJ existing public improvements found ¡O be ir CD,Jjjct ,,~rh ú"e proposed SIner improve.-nenr co=ction. Such Í..-nproveme..,rs shalJ inc1ude, bu: ::lOI be 1imited IO: SIreet lights, üaffic signal sr""dz:ds, drainage srrucrures, fire byd..-ants, etc. Co ~gineering $TGif shalJ meet itidividualJy with eao," prDpe.-ry owner prior to the pro~'s public he"'-IDg to haDd de1iv~ i.TJirial coITespondence 2.TJd ro explain the plar.s, proceedi:¡gs and this policy, ?"¡¡¡a] engineering plam and project spedficatiom shall reflect êS c1ose as p¡;¡cticabJe, th~ prope.-¡} J owner(s) conoerr.:; provided they reflect standard engi.,eering practice. ' 13-/7 ~ 1/ / COUNCIL POUCY i I CITY OF CHULA. VISTA I /, .. SUBJECT: Pf_"..üO?ATJON 3Y T."':'=: CIIT O? C-ilTl.." POLICY I EFFECTTVE I ! VJST.H'I19J1 BLOOUCJ?RGPJ..M NVWiliER DATE PAGE r í PRO~L'JGS I I 505-01 J 08-30-83 2 OF 6 ADOP1ED BY: . ResD]utiDn ND. 11373 I DATED: 08-30-83 d. Prior .IO me end of each fiscal year, the CiTy Engjneer shall submiI IO Ihe CiTy Council for approval under r:iris pn:.gram, a recommenåed liSI of projecrs for scheduling in the ensuing fJScal year. Funding for L'1e prognm shall be deIermined annually and s¡wwn in the Czpi:aI Jmprovement Pro gr=- .' ~ Ciry parriciparion in this prognm shall be JimiIed IO deveJoped parceJs thaI Ca.-mOI be spliI inIo JoIs or buiJding sires. . . . u 2 DeveJoI>ed R~denriaJ LOIs 2.. Non-Corner LoIs JI shall 1>-- me City's responsibiJiTy IO overlay or reconsIruC! the roadway ITaveJway aåjacent IO non:.corner JoIs when the rraveJway is already improved and neeès an overJay Dr recoIlSIrucrion IO acco=oåaIe d.~age Dr r;zffic safety requireme¡JIs. ". Tne City'sresponsibiJiry åescn"b---d above is shown on Figure 1 (a;:rached). - (; . - " . b. Corner Lors For the PU¡yoses of this policy, the corner JOI front JOI line sbalJ be derIDed IO be the shorrer of the !wO aåjaceDI rueeI JOI Ji11es. In this case of a non-recIanguJar corner lor, r.1-¡e ironI JoI IL,e shall be the average v.~rlrh of the JOL (See Fig'.JTe 2). JI shalJ be the City's responsibiliTy To: (1) JnsIall C'.ri>, guner, s;dewaJk and pavement (ifnon-exisIenr) aåjacent 101/2 the corner Jors siåe screeI !rentage. (2) Ove.-iay or reconsIruC! me side and ÏronIagè süeer's üave]way when needed IO accommodate drainage Dr traffic safeTy requirem~'rs. (3) In L'1e eV~"1! thar rhe:-e are imp:-ovemenrs already exisTIng along the corner JOI'S side p:-ope:-;y fromage aJreaåy e)jsri"1g, L;.,ese i1nprovemenrs shall be credi1eå Io the CiT)' if ¡hey need noI be removed Io accommoÒaIe the improve.¡nenIs To be insIalled. Tne City's responsibiliTy desoDed above is depicTed on Figure 3 (arrached). 3- Dual FromaE'e Lors JI shall be the Ch)'s responsibiliTy ro: - /;J-/f ~ I ~ COl);\,C1L ?OLlCY CITY OF CHUL-\ VJSTA SUBJECT: ?f.?,TKi?:'.TWN BY 1:'-;:: CiTY 0:: C¡-¡ü!..A POLICY I EFFEC"I1V"'t I :J VETA IN J 911 3LOCK ACT ??,OG?-"Jv1 Nl)MBER DATE PA :¡ PROCEEDiNGS J /30 505-01 08-30-83 ADOPTED BY:. ResoJu¡ion No. 11373 I DATED: 08-30-83 1- I~r2l1 curb, &UTIer, sidew21k, and pavement ell non-erislent) adjacenr ro the enrire Jors rear S' 2. fronrage. b. Over-Jay or reconstrucr the JoI's rear s¡¡eer Ü2veJway when needed 10 accommodaIe ci¡'1!ina8 'i:1!ffic safety p~l'°ses. ' . " For PUIposes, of !his polky, dual fronTage lots shill be a Jor hn;ng fronTage on TwO paraIJe .- approxúnatily pzr¡;JIeJ streets, one of which is an '21Jey". 4. DeveJoped IndUStrial/Commercial Lors The City comIlPurion Towards the cDnstrucrion Df improvemenTs aójacenr ,0 deveJo: inòusrriaJ/comm=i21lots shill be Hmhed ID: 2. Tne Dverlay Dr recD~trucriDn Df ~jsring !Daóway Ü2veJway areas when found ID be required 1 å.-cinage Dr Ì¡¡affic safety PUIpDSes. I ¡-\ -- i "<»' ') 5. Undeveloped ~denria1. Industrial and Commercial LDIs Tnis poJicy shall rewum the City Council's inlent IO require the insl21JariDn Df missi!1.g imprDveme: aójacenr rD undeveJoped JDts (DD!h corner 2.'1d non-comer v.i!h and withDur dDubJe s¡¡eer fronrag; ¡b.-nugh: 2. }911 ACI Assessmenr Dim;cI prDcedu!"es- b. S'.¡bdivision requirements, and c. buiJding pennir approv21 requiremenrs. There shall be DD City comn'burion rewards rhe cD~IrUcriDn Df improvements adjacenr 10 undevelDp; residenrial, indusIri21 and commerci21 JOIS. In The evem !hal an DWner peririDns L'-¡e City for inclusion hisfner u1)deveJDped parcel i11 a 1911 BJock AcI Prog:-a.'1l, 2lJ expenses shaJl be bome by said Dwner. 6. ADDlicabiErv 1:'1is policy sh21J be 2?pJicabJ." 10 areas"wiIhin thi: Chula VisIa City Emi:s on Dr beiore i:s effecrive óaI 'J /.3-/1 :-~' ~ / ./ ~ COUNCIL POUCY ¡ / II CITY OF CrlUL-\ V1ST A 't. Sl.)"B.JECf: ?f.'t]Q?ATION 3Y To-:"=: CITY 0:: C-iUL" I POUCY I EFr 1::.. cfIVE I / VJSTAIN 19113LOCKACT??OG?I.J>1. NUMBER DATE PAGE PROc=:=:D1NGS 505-01 08-30-83 4 OF 6 ADOPTED BY: Resolution No. 11373 I DATED: 08-30-83 I õ '" ~ ~ .., . / )1 = 1: ~ I 11 I " " ¡ ~ '" .. :> >. I II tQ J ~ / r .~ ]/ t?!:-. ;;; I '- "" "1\.1 ~ E- . - I' 11 \) IIJ ~ - :> ~ . I,. I-.: :J "':: .- I 1/ ~h. t7) - .. >< ~\) u -CJ I II ~ \>- tv ~.... t!I :> 0 .~ f If .~"'1U,~ ~ 0..., - 1 ]1 I¡j ~ 1- :::: ¡ JI/ ~ :: ." .J1:jJ ~- '" I I¡; . - ~ 1 II ; :. g E :3 1 J I . I g.... E -ð:: - 1 II I I ~: :; B-1 II I >-. f.= :;: 5, " -:::"" - '- >c:: r- - - CJ CJ -!?§ ,I.: J. :; '- ~ .B =::0 J :"!:: L r... ¡ - .... OJ =::- J '<;, l I "" ~ ~.., ~ - ~~ , 5:> '- ....'- !.-_~--.J, '" '- ~ - ~~ ¡~:Ë .:: ~ g "'- I I ,- -'" ~ '- u¡:; II '- -.... °:; I I = ~ "" -¡:: 58 Iii. ¡ Æ~.... ~ - I I - 0 '" '" .... 0-5 I I ~:>o 0 - I 1~:,( ~] = Ë :> E CJ. '- '-:> .... '" I II!- =-~.::-.... . I 11 ~~ ~~..;~~ ~ II ~ ~ "" - - .:: '" .""I~;:: - ~:; ~¡; LJII">'" '::>""""- I ,::> '- >- - "'- '< " :> .. >< - E " ~~ .., :>0", ..- I '. . . I 1J I - N M r-. '" I- == '-" '-" l- I "-==0:=1-<'-",-" 'J /;J - .;<¿J. ~ /. ! II COUNCIL POLlCY /-.: I CITY OF CHUL-'I. V1STA 'J' SubJECT: ?9.TlC!?ATION 3Y J;-iE OW O? CHULL. POLJCY EFFECTIvE VJSTA IN J 91) 3!.OCK ACT ?i\OG?.A!..\ NUMBER DATE P A I Pi\OŒED1NGS '. 505-01 08-30-83 5 C I . ADOPTED BY: ResoJu1Íon No. 11373 I DATED: 0&-30-83 ¡.. 0 9 . II I- !lJ . :z: 1 ~I 5J. 1 I¡ . '" I " "T (\J II: I .- I >- c5 II I I J I- . Ù I I --' J I - J :: I 11 ~ ~ 5 I ~ .. ~ ~ ~ E! 20 t 0 ~ ~ 1-1-- 20 01- . ." '-'--'< . '" z z: .' ..J -= .. ),.. ~ 5:;: ~ -." !?3B CJ ~ ~B::; :::- "" - '" Y "'. 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W W w 5 ~ ~ ~ ~ 1- 1- 1- is -< -< -< ~ Z Z Z ~ a::: a::: a::: ð w w w z 1- 1- 1- ~ ...J ...J...J ~ -< -< -< ~ / J --- ~;S ~ COUNCIL AGENDA STATEMENT Itemg Meeting Date..1Lnl21 ITEM TITLE: Public Hearing on the Resolution of Intention to form Assessment District 97-01, on Oxford Street between Fourth Avenue and Fifth Avenue, pursuant to the Improvement Act of 1911. Resolution / 'i5 '? 7" Cl Making findings at public hearing pursuant to chapter 27 of the "Improvement Act of 1911" SVBMITrED BY, 01.."", of ""blie w~ REVIEWED BY: City Manager ~ (4/5ths Vote: Yes_NoX) On May 13, 1997, Council adopted Resolutio . 18663 approving the boundary map for AD97- 01. At the same meeting, Council also approved Resolution ofIntention No. 18664 (see Exhibit A) ordering the installation of street improvements on Oxford Street from Fourth Avenue to Fifth Avenue pursuant to the Improvement Act of 1911 (also known as the 1911 Block Act) and setting the public hearings for July 15 and 22, 1997. The public hearings are being held to receive public testimony on the proposed district improvements. The first public hearing was held on July IS. One property owner spoke in favor of the assessment district. RECOMMENDATION: It is recommended that the Council: 1). Hold the public hearing; 2). Receive testimony; 3). Close the public hearing; 4). Approve the resolution making findings at public hearing pursuant to Chapter 27 of the "Improvement Act of 1911". BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On April 22, 1997 by Resolution # 18645, Council accepted a petition, for the formation of an assessment district (1911 Block Act) for the construction of street improvements, such as curb, gutter sidewalk and pavement on Oxford Street between Fourth Avenue and Fifth Avenue. The Act is a financing mechanism which authorizes local agencies to impose assessments on benefitted property 1'1--/ Page 2, Item- Meeting Date 7/22/97 to finance the construction of public infrastructure facilities. The public improvements proposed to be financed through Assessment District (AD) 97-01 include widening the existing street to Class II Collector standards of 40 feet with widening to 52 feet near the intersections of Fourth Avenue and Fifth Avenue, pedestrian ramps, curbs, gutters, sidewalks, driveways, traffic signal modifications, roadway striping and miscellaneous appurtenant structures. Completion of the improvements is projected for the end of the first quarter of 1998. Staff has estimated the total project costs at $496,858 with the construction costs at $361,858. Approximately $31,858 of the estimated $361,858 cost of construction is to be reimbursed from the property owners upon successful formation of the assessment district. This project is part of the overall sidewalk safety program, which provides for the construction of sidewalk facilities in the Montgomery area. As originally budgeted in the FY96/97 Capita11mprovement Program (CIP # 0735-10-STL-229), the City proposed to build asphalt concrete sidewalks on the north side of Oxford Street only, to provide a safe walkway to the children in the area. Funds for this project were obtained from the Transportation Development Act (TDA) through the San Diego Association of Governments (SANDAG). However, since TDA funds will pay only for the sidewalk and not related items such as curb and gutter, additional City gas tax funding was included. The construction of the missing street improvements is included in the Capita11mprovement Program (CIP) for Fiscal Year 1997/1998. All owners of property within the proposed assessment district (see Exhibit B) were mailed notice of the two public hearings and the estimated assessment to their properties. The boundary map of AD97-01 was filed in the County Recorder's Office on Tuesday May 13th, 1997. Also, as required by the Act, the Resolution of Intention was published twice in the STAR NEWS newspaper on Saturday June 28th and on Saturday July 12, 1997, with the first publication being at least ten (10) days prior to the Public Hearing date. In compliance with the Act, each property owner within the proposed district was also notified to construct the improvements fronting/abutting their property. The notice also indicated that if construction is not commenced within sixty (60) days after the notice is given, the City shall proceed with the construction of the improvements and the cost of said construction shall then be assessed as a lien on the property. As of June 27th, 1997, none of the property owners has applied for a construction permit to install the improvements. If the assessment is not paid upon confirmation, the City shall collect the unpaid balance of any assessment semiannually in conjunction with the collection of City taxes. In accordance with the Resolution of Intention, said balance shall be paid over a period often (10) years at an interest rate of7% per annum. The assessments are based on the amount of frontage on Oxford Street. The assessments range from $372 to $2,793, with 18 of the 30 assessments at less than $1,000 (see Exhibit C). There are an additional four properties which have frontage on Oxford Street, but were not included as part of this assessment district since the street improvements have already been constructed along their frontage (see Exhibit B). Three of these property owners had submitted a ballot in favor offorming the district while the other property /'i~c2- Page 3, Item- Meeting Date.1LllL2.Z.. never returned their ballot. The 3 ballots with zero assessment amount were not considered in the majority requirement, since they have no financial obligation. All property owners were invited by mail to attend a meeting on Thursday January 30, 1997 at which details of the project were discussed. The major issues discussed were: I) assessment district proceedings; 2) project schedules; 3) project cost estimates and property owner's share of costs; 4) payment schedules; 5) financing alternatives 6) project design; and 7) a question & answer session. At this meeting, staff presented the idea of expanding the project to include the installation of concrete sidewalks on both sides of the street instead of sidewalk improvements on the north side only. The reason for this was that due to the grading required for the work along the north side, the south side would also require grading to accommodate the proposed ultimate street centerline grade. The project extension to the south side could be accomplished provided the property owners would participate in the formation of a special assessment district, whereby the difference in cost ITom asphalt to concrete sidewalks would be paid by all area property owners on both sides of the street. Subsequent to the meeting, staff was also able to resolve those issues which were brought to their attention. Specifically, those issues centered on the methods of payment, project schedule and limits of work. At the July 15, 1997 public hearing, one property owner made a presentation. Although this property owner is not opposed to the formation of the assessment district, he raised several traffic concerns, including speed bumps, which staff is currently reviewing. In order to comply with the requirements of Proposition 218, the "Right To Vote on Taxes Act", which was passed by a majority of the state voters in a generally held election of November 5,1996, staff had to prepare ballots. Proposition 218 requires that a ballot be mailed to all property owners which may be subject to an increase in their property taxes. When the ballots are returned, the majority of the votes for or against, based on financial obligation, determines whether or not this district is formed. The results of the voting ballot returns as of June 18, 1997 show the following: 31 ballots of 34 returned with 29 ballots in favor ($28,201) and 2 ballots against ($2,124) the formation of an assessment district. Based on the property owner's total financial obligation of $31,858, the ballots returned in favor represent 88.52% of the property owner's financial obligation. As of June 18, 1997, the other 3 property owners had not yet responded with their ballots, but they do have until the close of the second public hearing date of July 22, 1997 to cast their vote (see attached ballot summary Exhibit D). Even if these 3 property owners submit their ballots against the formation of this district, their sum financial obligation will not be enough to reverse the majority vote submitted. The property owners which have already submitted their ballots, also have until the closure of the second public hearing to change their vote, if desired. Of the 34 properties with frontage on the 400 block of Oxford Street, four (4) of the properties do not have any assessment estimate, since along the ITontage of their property all of the street improvements such as curb, gutter, sidewalk and ultimate pavement width are in place. Staff /1'-3 Page 4, Item- Meeting Date.J..alJ!l:L therefore excluded these properties from the district ("Not A Part"), as shown on the boundary map (see Exhibit B), and based on financial obligation, their ballot does not impact the formation of the district. Estimated Assessments The estimated project cost is $496,858. The City will finance the construction of the improvements estimated at $361,858 and will be reimbursed by the property owner's their share of the cost of the improvements which are estimated at $31,858. The City will collect these funds through the formation of AD97-01 and the collection of installments with their property taxes. In addition, design, inspection, district formation costs and contingencies estimated at $135,000, will not be reimbursed and will be absorbed by the City in accordance with Council Policy #505-01 (Exhibit E). As mentioned above, the proposed total assessment amount is $31,858. The estimated amounts to be assessed to each of the parcels in the district is presented in Exhibit C. In order to address the Council's and property owner's concerns over financial hardship in meeting the payment obligations, staff has included an attachment (Exhibit F), which describes alternative payment methods that Council has adopted for other assessment districts. If there is a property owner which has financial difficulties, they must have Council approval in order to utilize any of the reduced payment alternatives (Alternatives 2 & 3). Resolutions Tonight's action will continue the proceedings for the formation of AD 97-01 pursuant to the "1911 Block Act". By approving the proposed resolution Council will make the following findings: 1. The City Council of the City of Chula Vista, California, has instituted proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911 being Division 7 of the Streets and Highways Code of the State of California for the construction of certain authorized improvements in a special assessment district known and designated as Assessment District No. 97-01 (AD No.97-01); 2. Notice has been given in the manner and form as required by law and specifically Article II, Part 3, of Division 7 of the Streets and Highways Code, and a Certificate of Compliance is on file in the office ofthe City Clerk; 3. The City has complied with the requirement of Proposition 218, the "Right To Vote On Taxes Act", by mailing out ballots to all property owners subject to an increase in their property taxes and has counted the ballots returned and found that based on financial 1'1-"1 Page 5, Item- Meeting Date 7/22/97 obligation, that 88.52% of the property owner's share, voted in favor of forming the assessment district; 4. A public hearing has been held and all testimony and evidence heard relating to the work of the improvement as proposed for the Assessment District if said construction is not commenced within sixty (60) days after notice is given to the property owner (by 7/12/97) cause the work to be done; 5. All protests of every nature are hereby overruled and denied; 6. The Superintendent of Streets is hereby directed to proceed and cause the construction of the works and improvement in said Assessment District if said construction is not commenced within sixty (60) days after notice is given to the property owner (by 7/12/97) cause the work to be done; 7. The works of the improvement shall be done and carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911" and for all particulars as to these proceedings, reference is made to the Resolution ordering the installation of the public improvements and instructing the Superintendent of Streets to give notice; 8. The works of improvement and project shall be financed pursuant to the provisions of said Chapter 27, and the City shall collect each assessment remaining unpaid following the expiration of a 30 day cash collection period. Said balance shall be payable over a period of 1 0 years at an interest rate of 7% per annum. The City shall collect the unpaid balance of any assessment on the district properties semi-annually in conjunction with the collection of City taxes, excepting those properties for which a payment deferral has been approved. The collection of assessments on these properties shall be in accordance with the payment schedule stipulated in their deferral agreement. Future Actions Bid results and award of the construction contract would be submitted to Council by September 1997. This item will include a public hearing where the property owners can review their assessments based on bids and, if they so desire, request Council to stop the district proceedings. Pursuant to the "1911 Block Act", confirmation of the assessments will be brought before Council on or about July 1998, after the improvements are constructed. The construction is anticipated to be completed by late March, 1998. All property owners within this proposed assessment district of 30 parcels have been sent a copy of tonight's City Council agenda statement and attachments. J'I-,~ Page 6, Item- Meeting Date 7/22/97 FISCAL IMPACT: This project was originally approved in the FY96/97 budget as CIP project STL229 - Oxford Avenue Sidewalk Safety between Fourth Avenue and Fifth Avenue. The fmancing for this project (Project total of $500,000) is being funded through Transportation Development (IDA) funds ($141,500) and Gas Tax funds ($358,500). Assessment district proceedings will allow for the property owners within this district to participate in contributing $31,858 towards the costs of the construction, preliminarily estimated at $361,858. The estimated property owner's share will be reimbursed with 7% interest over a period of 10 years. Exhibits: A - Resolutions # 18663 & 18664 NOTSCANNED B - Boundary Map I C - Estimated AssessmentsJ D - Ballot SummaryJ . E - Council Policy # 505-01 NOT SCAl\~ED F - Description of Payment Alternatives NOTSCANNED FILE, 0725-IO-AD97-0Iluly 16. 1997 (l,42pm) H, III 0 MEIEN G INEER lAGEND A 1AD9 71 PHZ. FXR )¡)---~ RESOLUTION NO. JIr7LJC - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911" TO FORM ASSESSMENT DISTRICT 97-01, ON OXFORD STREET BETWEEN FOURTH AVENUE AND FIFTH AVENUE WHEREAS, the City Council approved Resolution of Intention No. 18664 ordering the installation of street improvements on Oxford Street from Fourth Avenue to Fifth Avenue pursuant to the Improvement Act of 1911; and WHEREAS, all owners of property within the proposed assessment district were mailed notice of the public hearings and the estimated assessment to their property; and WHEREAS, the Resolution of Intention was published twice in the Star News on Saturday, June 28, 1997 and Saturday, July 12, 1997 with the first publication being at least ten days prior to the public hearing date; and WHEREAS, each property owner within the proposed district was notified on May 13,1997 to construct the improvements abutting their property within sixty (60) days after notice is given. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: section 1. Findinqs: The City Council does hereby find as follows: A. The City Council of the City of Chula Vista, California, has instituted proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911 being Division 7 of the Streets and Highway Code of the State of California for the construction of certain authorized improvements in a special assessment district known and designated as Assessment District No. 97-01 (AD No. 97-01). B. Notice has been given in the manner and form as required by law and specifically Article II, Part 3, of Division 7 of the Streets and Highway Code, and a certificate of Compliance is on file in the office of the City Clerk. C. A public hearing has been held and all testimony and evidence heard relating to the work of improvement as proposed for the Assessment District, and the legislative body is desirous at this time to proceed. 1'/-7 Assessment District, and the legislative body is desirous at this time to proceed. Section 2. That all protests of every nature are hereby overruled and denied. section 3. The Superintendent of Streets is hereby directed to proceed and cause the construction of the works and improvements in said Assessment District if said construction is not commenced within sixty (60) days after notice is given to the property owner (by 7/12/97) to cause the work to be done. section 4. The works of the improvement shall be done and carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911" and for all particulars as to these proceedings, reference is made to the Resolution ordering the installation of the public improvements and instructing the Superintendent of Streets to give notice. section 5. The works of improvement and project shall be financed pursuant to the provisions of said Chapter 27, and the City shall collect each assessment remaining unpaid following the expiration of a 30 day cash collection period. .Said balance shall be payable over a period of 10 years at an interest rate of 7% per annum. The City shall collect the unpaid balance of any assessment on the district properties semi-annually in conjunction with the collection of City taxes, excepting those properties for which a payment deferral has been approved. The collection of assessments on these properties shall be in accordance with the payment schedule stipulated in their deferral agreement. section 6. The City has complied with the requirement of Proposition 218, the "Right To Vote On Taxes Act", by mailing out ballots to all property owners subject to an increase in their property taxes and has counted the ballots returned and found that based on financial obligation, that 88.52% of the property owner's share, voted in favor of forming the assessment district. Presented by Approved as to form by JOhn~a~ A~ey John P. Lippitt, Director of Public Works C:\rs\ad9701.fin /'I-rili/-li 2 EXHI31T ~ RESOLUTION NO, 18653 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THFBOUNDARy.' MAP SHOWING THE' PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 97-01 O¡:;::'PROPERTIES' Tó:'r=BE".'::ASSESSED"'FOR:.J:-STREET ," I' IMPROVEMENTS ON THE 400 BLOCK OF OXFORD STREET ; ,,',:.,^ , ' , - "":,p"," WHEREAS, on April 22, 1997 by ResoJution 18645', Colm'cir -aÚepted a petition fc the formation of an assessment district (1911 Block Act) for the construction of stree improvements, such as curb, gutter, sidewalk and pavement on Oxford Street between Four! Avenue and Fihh Avenue; and . WHEREAS;, th~~, City Environmental Review Coordinator studies the potentia environmentanrñ¡Jacts'assoç:iåted with the implementation ofthe project and has determiner this project is èîìtèg'orii::ãnÿ ëxerript from the requirement for an Environmental Impact Report and WHEREAS, the City Council of the City of Chula Vista, California, has been presentee and has received a map showing the general nature, location, and extent of the proposee improvement work, and also designating and describing the boundaries of the area proposed to be assessed in the assessment district under the provisions and authority of the "Improvement Act of 1911", of the Streets and Highway Code of the State of California; said assessment district designated as Assessment District 97-0; (hereinafter referred to as the Assessment District), , -" " , ~ NOW, THEREFORE. IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1, That the above recitals are true and correct, SECTION 2, That the map of the Assessment District showing the general nature. IDcation, and extent of the proposed public improvements and also showing the boundaries of tJ:le pròposé~ Asséssmént District and lands and 'propefty- to be :assessed to pay the costs and,expensès of, the :propôsêd improvëii)ènts'designaied' as "PROPOSED BOUNDARIES ASSESSMENT DISTRICT 97-01 1911' ACT-IMPROVEMENT DISTRICT" is hereby submitted. and the same is hereby approved and adopted, ' SECTION 3. That the original map of proposed boundaries of the proposed Assessment District and one copy thereof is to be filed in the office of the City Engineer, SEÇTION 4", A. Certificate shall'J?e' endorsed on the original and on at least one copy of the map'of the ASsessment Distñct;'evidencing the date and adOPtion of this Resolution, and within fiftëên'i15) dàys after the'adoption of the Resolution fixing the dates, times, and place of hearings on the formation or extent said Assessment District. a copy of said map shall be filed with the correct endorsements thereon with the County recorder, all in the manner and form provided for in Section 3111 ofthe Streets and Highways Code of the State of California. Presented by Approved as to form by {)Ã/~ ~~'~Z=7 Jo~n p, Lippitt J ,. M, Kaheny .' P"blk Woo"~ D;""" p'7 ~v Anom" . Re5::>1:.;;iD:1 Î 3553 Psge 2 PASSEPL ~.I>PRqVED" and ADÇ)f~T~D.by lhe<::iw: Council, qf,the City of Chula Vis,s, California" this::~~th_day of:May, 1997,;by"t[1f!,fq!lo~jng :-,ç¡te:',:",=,:"",' ,-,' ' " ,,~;,':-?',-::,;r;-¡c,-:< ;:::- :'<:'=:::::'~.,' o;=;,<;,'::':,:~..:C:2 ';==;:::"~:~,.-: AYES: ',-?:=.-, Çou¡;¡c]lmemþ.e.r.s.;::::::ly1oot; Padil!'!; Ri[1~op,e¡;al!d,l:iorlç¡~ -:~;ç:-~? ~,,=", O"'~ :¡::,,<,(,~,::, ::,,':'~,::'~,,~:',':',::"-"'" NAYES: Councilmembers: None '" " -ABSENT::-" Councilm,el1)be!.!?:' r;, ~alas ,'= ~.- '" ' ,-- " , .. c" ",' , ABSTAiN-:' ',- C;~n~ilme~b;rs~ ,'.,' - None '" "..' '" .' , .. ,..'" .,~' .. "' , - ," ",r ,. .. ',',', ", '" ~IT;~: '" , , - <,;,c' , ,- , ' .. " '- "', , c" " , " .., " ~'j2~'" ,', "¡', "',:,: " '" .' , ':,C, ',' .. ",.;" ..' Beverly. Authelet, City Clerk~" .. .. ' '.. , STATE OF CALIFORNIA ,), ;, - COUNTY OF SAN DIEGO ) S5, ~n:Y.:.DF CHULA.vI~;rA..,:,.J ',":', , ,C':",,' " " >':"""","""",....-.."".,..: " ""-'" Ij3~~efjy Ä. A~tiei~t: Cii:y, Òêik' of the City of Ci)uiã Vistä: Cali'fornia: do iìer~bY"c:~rtifY that ihé)oregoiñg, f\esoIÜtio~:No.18¡;;63"wäsduly"pãsséd;ai>.pro"ed,>nd ädolJted by the City t:õuricil at a reg-ülår-rriëéi:ing 'of tJië ChulaVista City Còuncil tiëlirqri the 13th day of May, 1997,"" .. " .":"",,,:':,;,":.-,:.,:.' --, Ex~CU1:ed.this 13th,day',ofMay.,J997., ... " , , , .. ..' , ',' ... ,:. ,':.:: ,,'C' . : ' - , >~; ',-: '>¿¿~J Cd'~ ," "",, '.,,: -.. '::"',, .. " "," ',." ,,:,' Beverly A. '¡'uthelet. ç:ity Clerk ,', " ...," " " '. .... '- .. ..' ,'" '- " ','" -.', ,,'.c','::,"': ..': ' " .., , , ..', '.' .. .. ) ;!-/¿J, ~ :::XHISIT ?t RESOLUTION NO. 18654 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING INSTALLATION OF IMPROVEMENTS ON OXFORD STREET BETWEEN FOURTH AVENUE AND FIFTH AVENUE, ORDERING THE SUPERINTENDENT OF STREETS TO .GrvÉ NOTICE AND ORDER CON"STRUCTION AND SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 97-01 PURSUANTTOTHE BLOCK ACT OF 1911 WHE~EAS, the City Council of the CITY OF CHULA VIf>T A, CÀLlFORNIA, is desirous to institute" proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways. Code of the State of California for construction of certain aLJ!horized impr~vements)n an assessment district known and designated as Assessment DistriCt 97~01 1911 BLOCKACT affecting propertiesfronting/abUtting on Oxford Street between Fourth. and Fihh Avenue Chereinaher known and designated as the "Assessment District") and WHEREAS, Sections 5875 and 5876 of said StÍ"eets and Highway Code aUthorize the legislative body, upon its own motion, to order the installation of aUthorized improvements in front of or abUtting properties with the costs thereon to be assessed as set forth under the provision of said Chapter 27. . -- ~ . " WHEREAS, Section 5131 requires a resolUtion of intention to form an assessment distriCt to perform such"work and Section 5132 requires public hearings to hear objections by those affected by the district formation. . NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recit~I~ are true and correct. SECTION 2. That the public interest and convenience requires, and this legislative body hereby orders the construction and installation of certain street improvements such as curb, gUtter, sidewalk and pavement on Oxford Street between Fourth and Fihh Avenue and Emerson Street in what is. known as the Assessment District. SECTION 3. All of the above mentioned works of improvement shall be generally constructed at the grades, along the lines, between the points. and at the places and in the manner as shown on the plans for said work designated by the number and the name of the Assessment District, which said plans are hereby approved and adopted. For all particulars as to the alignment of the works and a fulf and detailed description. reference is hereby made to said plans and specifications as on file in the Office of the City Engineer. SECTION 4. That the works of improvements, in the opinion of this legislative body, will benefit the abUtting and fronting properties within said block, and this legislative body hereby makes the expenses of said improvement chargeable upon the property or properTies within the boundaries of the Assessment District, which District is declared to be the area and. j II abuning properTies benefining by the work and improvements for a general description of the ) 7 - Assessment District and area of benefit, reference is made to a map of said district previously ~ Res:>llJ:i:J:ì i 3554 Page 2 approved and said map identified by number of this Assessment District, and said map shall be kept on fi,le with the transcript of tnese proceedings and open tD public inspection. SECTION 5., J>Úrs~ani: to the provisions of Section 5875 of the pro~isions of Chapter 27 of the "Improvement Act of 1911", it is. hereby 'declared tõ be the rešpónsibility of the owners of the lots or' portiòns of lots fronting/abutting 'Dn OXford Street between FDurth and Fifth Avenue where this legislativebDdy, pursuant to said Section, by its own motiDn, Drders the installation of the improvements, and the property owners shall have the duty and responsibility of constructing or causing the construction of said improvements fronting\abutting their properties to commence within sixty (60) days upon notice so-to do by the Superintendent of Streets. If the work is not commenced by thè property owners within said period, the Superintendent of Streets shall~rocee~;{ocau~e iai'd,~ork to' be completed. SECTION 6. ïJ¡at all of the ~ork and imp~ovement:S hereiri'proposed'shall be done and carried through and finánced pursUant to the provisions' of Chapter 27 'of thê'"lmprovement Act of 1911", of the Streets and Highways Code of the State of CalifDrnia.. FDr all particulars, reference is made to said" Act", and the provisions contained therein. SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 15TH AND 22ND OF JULY 1997, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL; BaNG THE COUNCIL CHAMBERS, PUBLIC, SE~VICEE> BUILDING, 276 ~ FOURTH AVENUE, CHULA VIST~, CA., ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENTS OR THE PROCEDURE ESTABLISHED HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT ì IN ACCORDANCE WITH THIS RESOLUTION. ' " SECTION 8. If the work is done by the City, and if the assessment cost is not paid upon confirmation of the assessment, the City shall collect payment of the assessments, annual installments, and interest in accordance with the' provisions of Section 5895 of Chapter 27 of the "Improvement Act of 1911", of the'Streets and Highways Code of the State of California. The number of annual installments shall be 10 and the interest rate shall --be 7 percent per annum. SECTION 9. The Superintenden,t 'of Streets is hereby directed to notify the owner or person in possession of the propertie~ fronting/abutting that portion of the street in the block where work is to be constructed and directing them to construCt or cause to be constructed the improvements within sixty (60) days after notice is given, and to diligently and without interruption prosecute to completion said work, A. Notice shall be given by mailing a letter, postage prepaid, to the property owners at their last known address as the same appears on the last equalized assessment roll used by the City for tax collection, or to the name and address of the person owning such property as shown on the records Df the City Clerk. B. The City Clerk shall cause a; copy of the proposed boundary map to be filed in the Office of the County Recorder within fifteen (15) days after the adoption of this Resolution setting dates, time and place for the public hearings. / ý-- /;2 ß--<T ";,;s::;Ic;;ion i 35" ?age C. The City Clerk shall cause the Resolution of Imention to be published tv,'icE with the first publication occurring at least ten '10) days prior to the secon public hearing. . SECTION 10: . The' estimated cost t~ the City of the works of improvement a: proposed under these proceedings, is estimated to be $496,858.00. SECTION 11. For any and all information relative to these proceedings, including thE information relating to the protest procedure, your attention is directed to the persor designated below: . Frank Rivera, Civil Engineer City of Chula Vista P.o.Box 1087 Chula Vista, CA 91910 Telephone: (619) 691-5266 Presented by Approved as to form by --. / r- / J ~ i'ìesolu,ion 18664 Page 4 . PASSED, AP?i'ìOVED, and ADO!,TED by the City Council of the City of Chula Vista, California, this 13th day of May, 1997, by the following vote: AYES: Councilmembers: Moot, Padilla, Rindone, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: Salas ABSTAIN: Councilmembers: None ~f&~ Shirl Horton, Mayor 'ATTEST: ,- ~() r2z¿M ~ Beverly, A. AutheIet, CIty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) .'1, Beverly A. Authelet, City Clerk of the City of ChuJa Vista, California, do hereby certifythat the foregoing Resolution No. 18664 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of May, 1997. Executed this 13th day of May, 1997, ~ / f- / i EXHI31T B 'T R ~ -" ¡ ! ~;;:, ¡ \ ~~ I _.._------,,-j~'----- ! es :::> 0 B ~ 0 - ~ j~ ¡",g go< ~'" ~ 3flN3MH.LliflOd, Jti :§~~~ ; ~ ..-1 ' , :,@/:: ~5 5ë = X. !'"',,I'<,j I:: g ~r /:: V> E \,: 0 1- ê",,',J,""¡ r:;;.--. ìu zž z% ~ "I n....- .... i ,t,', '0) "" 55 5- < ~I/;¡r..., . - 't"",',J----..:::-!. 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[~~~ " - 0'" " =:"'<... 5.g=íf" -- '" '" 8'"?~~:J ë~gii~~~~~ ~~ ,s::;;¡;j»"'¡:: 'ii~ii~~§¡;;¡;;~ ;:::; ~'õ..§g. -"'<.................. ...... '5"§"§~5. -~ ß~~ii 'Oð~ E~~2B ~-~.. >!cc=» iJ~" 1~~~1 ~~- ooO~.. --- ~ :;.... <.g§~g "-~ """...."" ~><8 'õ-¡¡~-¡¡¡:J ",~-;;.Ë..:g~::::::::¡:!~o"" ;::::";;;.!1i ~]8;;¡ ~~~~¡;¡¡:¡~~ ¡g,g8-:';;' -< ::~]~.!; ë .., .. ~ ~8Œ:~~ p'" ~=>. :5:~ '"'¡¡ ¡;¡~.!!g.¡¡~8: -: Z :x:u~",::E¡...":. < .. , .... z.. .. .. - .. ~ ¡¡¡~ g;;:; ~ ~;S; ~ ~~ d^- ~ -< I \:;¡", /7-/ð ~ HA110T ~UMMARY EXHIBIT " ~ D , ASSESSORS ASSESSMENT BALLOT STREET PARCEL NUMBER * ADDRESS NUMBER G) NO 496 OXFORD S1Rffi 618-270-25 <V UNKNOWN 488 OXfORD SIRffi 618-270-49 Q) YES 478 OXFORD SIRffi 618-270-22 ø YES 472 OXFORD SIRffi 618-270-21 @ YES 470 OXfORD SIRffi 618-270-# @ YES 466 OXFORD S1Rffi 618-270-53 (J) rtS 462 OXFORD SIREET 618-270-19 Œ> I YES #6 OXFORD. S1Rffi . 618-270-18 @ YES #2 OXFORD S1Rffi 619-270-17 @ YES 438 OXFORD. S1Rffi 618-270-16 @ YES 430 OXfORD SIRffi 618-270-45 @ YES 1198 OXFORD COURT I 618-380-01 (j) rtS 1197 OXFORD COURT 618-380-09 @ YES 1196 FOUIIDI AVENUE 618-270-41 @ UNKNOWN 497-495 OXFORD SIRffi I 618-301-02 @ YES 4B5 OXFORD SIRŒT I 618-301-20 @ YES 481 OXFORD SIRŒT I 618-301-19 @ YES Çf5 OXfORD SIRŒT 618-301-04 ~ @ ~ YES 467-71 OXFORD S1Rffi I 618-301-05 @ I YES 465 OXFORD SIREET I 618-301-00 @ YES 459 OXFORD SIRffi I 618-301-07 @ YES 461 OXFORD SIRffi I 618-301-08 @ YES 453-4530'1 OXFORD SIRffi 618-301-09 @ YES #7-#9 OXFORD SIREET I 618-350-13 ~ rtS I 445 OXFORD SIRffi 618-350-01 @ YES #1 OXFORD SIRffi 618-350-02 @ YES 437 OXFORD SIRffi , 618-350-03 @ NO 433 OXFORD SIRffi I 618-350-04. @ UNKNOWN 429 OXFORD SIRffi I 618-350-05 @ YES 423 OXFORD SIRffi ,- 618-350-00 ---- @ rtS ' 419 OXFORD SIRffi I 618-350-07 @ YES 415 OXFORD SIRffi I 618-350-08 @ YES 409 OXFORD SIRffi I 618-350-09 @ rtS 1208 FOURTH AVENUE 618-350-10 * ÞS OF 6/18/97 J {--Ie¡ COIIPUTIR FIlI: C:\R13\COI.f\SUPf'()RI\STl229\I.SSIITDST.DWG i::~x;-i /i3/T t:: / II COüNC1L ?OLlCY CITY OF CHULA. VISTA ! u. / ì SU-BJECT: pJ.-:mCPATION 3Y ~ CITY 0: C:-ruU, I POLJCY I EFFECTIVE I VJ5TA IN ] 911 3LOCK ACT PROG?-'..M Nù~ER DATE PA f PROCEEDINGS I I ~ 505-01 08-30-83 ADO PIED BY: Resolution No. 11373 . I DATED: 08-30-83 BACXGROUND Ther~ 2T~ properties wirlrin th~ Chy limirs that do nor hav~ full stre~r improvemenrs. b!he past, CouncÐ clir~CI~d !h~ ownm of criricaJ unimproved parcels ro install their miSSi11g public improvements. Tn~ 1 310ck Arí Proceeàings wer~ uriJjzed in most ins,ances. 1'.:; an ~ncourag~m~.11r for.prop,,"""!)' owner participat m~ Cj¡y bas con1ñ)UI~d. funàs for th~ compJ~rion of c,,"-.ain items of work (i.e., grading, påvm installarion, erc.). . ..6Jso, the Chy consisrenrly has comr:ibureà enginemng inspecrion and aÒIDinis1n . services aI no chaI'&~ ro m~ propeny owner(s). However, mere is no Council adopted policy regaràing ( participarion in 1911 BJock Acr improvement consDllcrion proceeàings. T!1Îs policy is designed ro encourage the insrallaDon of missing improvements along àeveloped residenrial It Jr specifit:alJy setS Ciry participation goals for !he improveme.'1r of comer, non-corner, and double Írom, :resiàemia1 lors. Th~ policy reaffirms Ciry Council intent ro require me ~alIation of public improVeID~ adjac=to.undeveJoDed propeny (residential, commercial, and industrial) through me fonnation of 1911 , I'.ss=~! Disrriru or through me subdivision and building permir approval procedures. /~r-~~ T!1Îs policy shall o~y.:..applY!o .areas incorporated on or before this policy's eií<;crive date. PURPOs=. To establish a policy for pa.-ricipation by the City in the consrrucrion of public improVeID,,"'1ts via the 19: BJock Arí ?-..oc~edings (OlapTer 27, Street andH;ghways Code of the Sra1e of California). ?Qua The Ciry Council es1abEshes L"e following poHcy for Ciry panic;parion in 1921 BJock Acr Pro~ proceeQJ¡')gs: 1. Ge.,e;a] ParTIcipaTion a. Tne Ciry, ar no cesr ro !he propeny owner(s) shaH provide all enginee.-L'1g, impecrion a.11 a¿uinisrrarive sezvices necessary !O L,srall missing L-nprovements \~a rhe 1911 BJock ACT Prograr. proceeamgs. b. !T shaH be L'Je Ci!)'s respoZlSibiliry ro relocate alJ existing public improveme:1!S foU!1d To be i: co:-Jlicr wim L'1e proposed screer Luprove."TIem co:m:-ucrion. Such L"TIprov,,"uents shall include, b~ nor be IimÌIed to: street lighIS, rraffic signal sranda;às, àrainage Sirucrures, me hy¿ënts! ere:. e:. ~gineering sra£í shall meet inåividualJy with eac:.'1 prope!"!)' owner prior TO the pr°&I=.'s publi, hea.-ing ro hand dcliver iniTial coITespondençe and 10 expJain the pJ2!1S, proceeåings and this policy ?i.aJ enginee;i,g pla.'1s aDd project specifications shalJ reflect as clos~ as pracTicabJe, the prope.,: .} Dwner(s) conce= provided they reflec~'1dard engineering praGice. // ~O ß----(- ! COù"NC!LPOUCY I ./ CITY OF CHULA. VISTA I ¡'Æ " SUBJECT: PA.'1.TJG?L.TION 3Y T:-='=: CiTY Oê C-EJL" POLICY I EFFECTIVE I V1ST.L.1N 19313LOCKACTP?G?J..YJ J-..TUMBER DATE PAGE ,: PROŒ:õDNG5 I ; 505-01 08-30-83 2 OF 6 ADOPTED BY: . Reso]utjon No. J1373 I DATED: 08-30-83 d. Prior.1o th~ ~nd of each fucaJ year, the CiI)' ErJgi11eer shaH sub:¡¡ir ro rhe CiI)' Council for approvaJ und~ this prognm, a recommended ]isr of projeCtS for scheduling m the ensumg f!ScaJ year. ¡:u¡¡dmg for the pro~"J) shaJJ be dmrmined annuaJJy and ShOVŒ in the CapiTaJ Improvemem ProgT2ffi.. . .' e. C4")' parriáparion m this program shill be Jimired ro deveJoped parcels that C2.¡1¡10r be spJit mto ]015 or builcling si¡es. ." .. 2 Deve]oDed Reside.miaJ Lo15 2. Non.Corner 1.orS It sñal\ be the Ci¡y's responsï!>i1iI)' ro overlay or recons!TUcr the roadway !:CveJway adjacem ro . non-corner ]0:5 when the ¡¡;,ve]w2Y is already improved and needs an overlay or recons!TUcrion ro 2cco=0d2r~ ånin2ge or ~c safeI)' requiÚmen15, ; -. Tne Ci¡y's responsibility described above is shown on Figure 1 (a!!ached). " ... t.", . ~ . b. Corner Lots For the pu.-poses of this poJicy, the corner ]or Ïrom lor Ime shiH be derIDed ro be the shon~ of the tWo adjacenr süeer Jor Jines. 1n this case of a non-recrangWar corner lor, the iron! lor Ibe shzll be I.1¡e average wid¡:h of the ]OI. [See ¡:jguJe 2), jr sh2.1l be I.'Je Ci¡y's JesponsïDjjiI)' TO: [1) JnsraJ] C'-"'-D, guner, sjdewzlk and p2vemem (if non.exislenr) adjacem 10 1/2 rho corner ]oI's side süeer J7Dnr2ge. [2) Overl2Y or recons!TUCí. ¡:he side and fronr2gê süee!'s üave]w2Y when needed ro accommodate år2inage or uaffic safeI)' requlreme¡m. (3) In ilie eVEm iliar rhere 2Je improvemems 21ready exisrL-¡g along rhe Corner lor's side prope.-¡y fIonrage zl:-eady existi:Jg, rhese i:¡¡provemenrs shaH be credi¡eå ¡o rho CiI)' if rhey need no¡ be removed ,0 accommod~re rho improvements ¡o be bsraJled. Tne Chis responsibi]iI)' åesc:JÌ>ed 2bove is depjc¡eå on êigure 3 [aTIacheå). 3. D:.¡a! i'roma!1"e Lo:s J¡ sh21J be the Cir}'s responsibiHry ¡o: ... J~~/ ~ / ~ COlJNCJL POLlCr ,I CITY OF CHl)L\ V1ST A /-- j Sù13JECT: ?A1\TICi?ATION 3Y To...,:: CITY 0:' CiiU!.A POLICY I EFFECTIVE I VJSTA IN J 911 BLOCK ACT ??OG?-tJ>1 ~TlJMBER DATE PAG (- PROŒEDjNGS I 13 OF 505-01 08-30-83 ADOPTED BY:--ResoIutjon No. 11373 DA1ED: 08-30-83 -._- 2. J=ill curb, gunu, sid~wa]k. and pav~m~nr (if non-~xísIenr) adjacenr 10 rh~ en!:Î;e lor's rear ~, rronrage. b. Overlay or recoZJStrucr the Jor's rear Sü~eI rn:veJway when n~~ded 10 acco!J"4-:JodaIe ä."i¡1age ~c safelY plh-poSes. . . ror pmposes of IÌÚs policy, dua] fronrage Jots shall be a JOI ha'l-;ng £¡-onrag~ on !wo pa...-a1Jd .' appro:èmatdy pa...-a1Jd streets; one of which is an 'al]~y". 4. DevdoDed Indl!S!ria]/Commercjal LOIS Tne Ciry- c:onrnimrion tov.-arès IJ¡~ construc¡jO!) of imprc\'~m~ms aåjac"-."1I 10 d~vdope indl!S!riaJ/co=ercial Jots shall b~ ]imj¡~d 10: 2. Tne ovulay or r~construc¡jon of exís¡jng roadway rn:veIway 2Te2S when found 10 b~ r~quÙ"eå fe ä.-amage or ~c s¡¡[ery pu,-poses. )? -) 5: Undt!Ve]oDed R:esid~ntial. Industrial and Commercia] LotS Tnis policy shall reañum the Ciry Council's iment to w¡uire the Î!'.sIalJarion of missL"1g improvement adjacent to undt!Vdop~d Jots rDo!h corn~ and non-com~r -wi!h and without doubJ~ s¡reet fronrages: tbrDugh: - 2. 1911 ACI Assessm~nr Disï:ict proc~dures- b. subcüY;.sjon requi:-ementS, and Co building pennít apprO'l-"2I requÙ"~mems. Tn~e shall b~ no Ciry conrnÌ>ution Iowards Ù1~ construclion of improv~men!S adjacent 10 und~veJoped residemial, industrial and commercial JOIS. In Ihe ev~m !hat an own~ p~titions !he Ciry for inclusion of hisrn~ u,"1deveJop~d Farce] in a 1911 BJock Act Propm, a]] expenses shaJl be borne by said owner- 6. ADoJicaDjJj¡y T~ policy shall be 2?plicëbk to areas within Òe Ch!!;a Vista Ciry Ji::¡jrs on or Ddor~ its decrive date. J /I--~¿ ~ / ' COUNCIL POLlCY ! / ~ CITY OF CHù1.A VJSTA l' SIJ3JECT: ?/--'".TIO?;"TION BY T.-:-:' CIIT 0:' C"'¡UU, I POLlCY I EFfT£TIVE I / - VJSTAIN 1911 3WCo<,';CYPROG:tAM Nùl.1BER DATE PAGE ?ROŒEDINGS I 505-01 08-30-83 4 OF 6 ADOPTED BY: Resolution No. 11373 DATED: 08-30-83 I 5 >, .... .... u . - :>.... I 11 =;; ë; -" "'E ,~~ ¡I I ;; B ¡ J ¡J I;) I ê / ' b "" I 1/ ~ ~ ;;;"1 .... "" /' :;:¡~ ~ :f;!. .....:: II \) III ~ :> ~ I", 0..: :;. >,- .- I I' r,;~ VI ;:; ~ ~ I )1 ~~ ~ . ~..... ~.. t!r 00 ~ ) 11 ~"'\¡. ~ :::-0,> -J 11 .'~ ~ I' :.., ¡ /1/ ~ : § I, !1-{!lJ . I J § J II t ,~::: - :;; ¡) I i ~::. E - ..... 'I ... ... ;,-,',1/:::: ..... I 11 --. I ~ - = ---~;, / II I~ ~~ ~ ~~ r- -" '= OJ t - .g¡;,. '~~J, :; =:.B ~!?" 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'" oc . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ < < < - Jt/- ).~ COUNCIL AGENDA STATEMENT Item /5' Meeting Date 07/22/97 ITEM TITLE: RESOLUTION) r '} '/ / APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL FOR ECONOMIC DEVELOPMENT COOPERATIVE EFFORTS SUBMITTED BY: C~m""i~ """.pm" "~. S . REVIEWED BY: City ManagerJ:\ ~ (415ths Vote: Yes- Noll /) BACKGROUND: Council appropriated funding for the South San Diego County Economic Development Council (SCEDC) in FY 1995196, FY 1996/97 and FY 1997198. A Memorandum of Understanding (MOU) with SCEDC was approved by Council for FY 1995/96 and FY 1996/97. The MOU called for coordinated economic development efforts and required quarterly reports from SCEDC in exchange for the City contributions. Council appropriated current year funds with the stipulation of a required renewal of the MOU with SCEDC. Staff is requesting that Council formally authorize the Mayor to sign the renewed FY 1997/98 MOU which contains no substantive changes. RECOMMENDATION: That Council adopt the resolution approving the renewal of the MOU with the South San Diego County Economic Development Council (SCEDC). BOARDSICOMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: I. FUNDING LEVELS Council appropriated $7,500 in both FY 1995196 and FY 1996197, and $10,000 in FY 1997/98 to SCEDC. This amount is reflected in the renewed MOU. II. DUTIES As noted, the proposed MOU contains no substantive changes from those approved by Council for FY 1996197. The key duties are summarized below. /ý/ Page 2. Item - Meeting Date 07122197 A. Representation on Boards and Committees SCEDC: The Chula Vista Council may appoint a representative from among themselves to sit on the SCEDC Board as a voting member. Currently, Council member Salas is the City's voting representative, and Councilmember Moot is the alternate. Additionally, City representatives. Council andlor staff -may attend all Board meetings as non-voting members, and can participate in standing committees. Councilmember Salas is the Co-Chair of the Transborder Business Development Committee. B. Enhanced Coordination/Assistance to Chula Vista Businesses The MDU provides for the signatories to cooperate with and assist the City of Chula Vista, particularly the City's Community Development Department, in areas of business attraction and retention. C. Quarterlv Reoortino The MDU requires the SCEDC to submit quarterly reports in substantially the form provided in Exhibit 1 of the MDU. These reports require SCEDC to quantify business assistance, by category (e.g. attraction, retention, expansion), countywide as well as within Chula Vista. Payments are made in two installments upon receipt of 2nd and 4th Quarter reports. These Quarterly reports have been submitted to Council in the past, and will be submitted in the future as they are received. D. tilL The City agrees to continue to coordinate with the SCEDC in terms of responding to business referrals and inquiries, providing Chula Vista promotional materials, and participating in each entity's events as appropriate. FISCAL IMPACT: Council approved $10,000 for SCEDC in the Community Development Department FY 97198 budget (Account 100.0261.5223). IDDA) H,\HDME\CDMMDEV\STAFF.REPlD7.22.97\SDCD.1.EDC IJuly 11.1997 19:29amll /y;¿ RESOLUTION NO. /<677'Í RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL FOR COOPERATIVE ECONOMIC DEVELOPMENT EFFORTS WHEREAS, the City of Chuia Vista has determined that business development and job creation are important to the City's economic health and stability; and WHEREAS, the City recognizes the importance of participating in regional, as well as local, economic deveiopment efforts; and WHEREAS, the South County Economic Development Council plays a major role in South Bay's economic development efforts; and WHEREAS, the City, as part of the fiscal year 1997-98 budget, appropriated $10,000 for fund SCEDC activities; and WHEREAS, the Memorandum of Understanding provides for quarterly reporting of activities which benefit the South San Diego region, specifically Chula vista, and representation on the SCEDC Board and various committees; and WHEREAS, the SCEDC understands that future funding requests will be evaluated in light of SCEDC's performance as reflected in their quarterly reports. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, determine and resolve to approve the agreement between the City of Chula Vista and the South County Economic Development Council in the form presented, a copy of which shall be kept on file with Office of the City Clerk as Document No. , and authorize and direct the Mayor to execute the agreement in a final form approved by the City Attorney. Presented by Approved as to form by eeL 5~ JO~& ~ £'~ Chris Salomone Director of Community Development Cit A ney [(DDAI H,\HOMEICOMMDEV\RESOS\SOCOEDC.MOU (J"'V 10. 1997 (2,55pmlJ /53 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL IN SUPPORT OF MUTUALLY BENEFICIAL SOUTH BAY ECONOMIC DEVELOPMENT EFFORTS This MEMORANDUM OF UNDERSTANDING (MOU) is entered into and effective as of July 1, 1997, by and between the City of Chula Vista, a chartered municipal corporation ("City") and the South County Economic Development Council, a non-profit corporation ("SCEDC") with reference to the following facts: RECITALS A. WHEREAS, the City of Chula Vista has determined that business development and job creation is important to the City's economic health and stability; and B. WHEREAS, the City recognizes the importance of participating in regional as well as local economic development efforts; and C. WHEREAS, the South County Economic Development Council plays a major role in Southbay economic development efforts; and D. WHEREAS, the City as part of the fiscal year 1997-98 budget awarded SCEDC $10,000 to support their South bay economic development efforts; and E. WHEREAS, SCEDC understands that this City support is contingent upon the execution of a MOU which provides for quarterly reporting of activities which benefit the South San Diego region and specifically Chula Vista, and representation on the SCEDC Board and various committees; and F. WHEREAS, SCEDC understands that future funding requests will be evaluated in light of SCEDC's performance as reflected in their quarterly reports. NOW, THEREFORE, in consideration of the above recitals, the mutual obligations set forth herein, and other valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the City and SCEDC do hereby agree as follows: 1. CITY OF CHULA VISTA DUTIES. 1.1 Financial Support. The City agrees to fund the efforts of the SCEDC in the amount of $10,000 in fiscal year 1997-98, contingent upon the receipt of four (4) quarterly reports and representation on the Board and committees as stipulated in this MOU. Payment shall be made in two equal installments of $5,000 each. The first payment will be made upon receipt of a SCEDC invoice and delivery and City approval of the 2nd quarterly report. The second payment will be made upon receipt of a SCEDC invoice and delivery and City approval of the 4th quarterly report and the SCEDC annual report. 1.2 Response to Inquiries and Business Leads. The City will continue to cooperate with the SCEDC by providing timely responses to information requests regarding the site or building availability, incentives, permit processing and other issues related to business development in Chula Vista, as well as to provide proactive follow-up to business referrals. ((MD)clwp51\dooumonll59997 (SoGoEDGI (..,. ',no 30, 199711 /ý'/ Page 1 Memorandum of Understanding 1.3 Participation in SCEDC Sponsored Events. The City will continue to participate in and coordinate with events sponsored by the SCEDC as appropriate and within budgetary constraints. 1.4 Availability of Chula Vista Promotional Materials. The City will continue to provide SCEDC with promotional materials and information both proactively and as requested to assist SCEDC in promoting the South bay region and to highlight Chula Vista information as appropriate. 1.5 Acknowledgement of SCEDC. The City agrees to acknowledge SCEDC contributions which lead to the successful attraction or retention of desirable business or development in Chula Vista. 2. SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL DUTIES. 2.1 SCEDC Board and Committee Representation. The SCEDC agrees to the City of Chula Vista Council selecting a representative from among themselves and one alternate to represent Chula Vista on the SCEDC Board on a yearly basis. Further, the City of Chula Vista may appoint Council or staff liaisons to attend the Board meetings as non-voting members. The City of Chula Vista shall also be invited to appoint 1 or more representatives to any of the SCEDC advisory committees. 2.2 Referral of Business Leads. The SCEDC will continue to forward all business development leads to the Economic Development division within Chula Vista's Community Development Department in a timely manner. Sources of leads will include, but are not limited to, the State's Trade and Commerce Agency; SCEDC inquiries generated by ad placements, conferences and trade shows, and trade missions; general "call-ins" and "walk-ins"; and other sources, including other public or private entity referrals. 2.3 Retention Activities. SCEDC retention efforts will include Chula Vista companies in the survey, on-site visits, and interview process. 2.4 Promotional Materials. SCEDC promotional materials shall integrate information regarding Chula Vista assistance programs, development projects. special events, business trends, business support systems, demographics, amenities and other pertinent and general information as appropriate. 2.5 Public Relations. SCEDC's public relations efforts will proactively include Chula Vista program, activities and firms, including articles in the "Briefings" newsletter. [(MDClwp51\docum.ntI59997 (SoCoEDC) (,., JUM 3D. 1997)] JY~ Page 2 Memorandum of Understanding 2.6 Public Policy. SCEDC's will proactively solicit Chula Vista public and private leaders to participate in public policy discussion forums and meetings, and Chula Vista involvement in the development of information to be distributed amongst policy makers, as well as the presentation of such information to the policy makers. 2.7 Trade Shows and Conferences. The SCEDC agrees to: 1) notify the Economic Development Division in advance of participationlexhibition at trade shows and conferences, 2) disseminate information regarding Chula Vista economic development efforts at the SCEDC booth, and 3) to encourage partnerships with Chula Vista in terms of shared space andlor co-staffing of the SCEDC booth. SCEDC also agrees to advise Chula Vista of opportunities to partner with SCEDC. 2.8 Trade Missions. The SCEDC will notify the Chula Vista Economic Development Division well in advance of foreign, out-of- city or out-of-state missions and of incoming business delegations and will invite Chula Vista representative(s) to participate. SCEDC will proactively seek and offer opportunities to Chula Vista to co-host these events, and to offer Chula Vista tours or receptions as appropriate. SCEDC will provide Chula vista with a list of the incoming delegation participants to facilitate follow-up by Chula Vista staff as appropriate, and will share all trade mission generated leads. 2.9 Quarterly Reporting. Coinciding with the Chula Vista fiscal year, July 1 to June 30, the SCEDC will make quarterly reports to the City (with each report due at the end of the quarter) utilizing the reporting format provided in Exhibit 1. By responding to each item on Exhibit 1, the SCEDC will provide information regarding its economic development activities which have taken place over the reporting quarter and highlighting the benefit to Chula Vista. The quarterly reports will be due by the end of the month following the quarter (e.g. the 1st quarter report is due October 31,1997). Where no activities have taken place in a particular category, the item should simply be marked "Not Applicable." The standardized reporting format allows for the SCEDC (and other economic development entities receiving funding from the City) to provide the following information, as applicable: " a. Names of all businesses that the SCEDC has assisted, broken out by recruitment, retention, and expansion assistance, and identifying each businesses' original location, and relocation jurisdiction and site (as applicable). This information should highlight Chula Vista businesses assisted, and include the name and title of the Chula Vista business contact and phone. b. Names of businesses that were referred to City of Chula Vista staff for local assistance; information concerning follow-up assistance provided to these clients by SCEDC; and final outcome of client assistance (e.g. site selection; etc.). c. Names of business clients personally shown Chula Vista sites by SCEDC; information concerning follow-up assistance provided to these clients by SCEDC; and final outcome of client assistance (site selection). d. Copies of all marketing materials produced by the SCEDC during the reporting quarter and identification of information included in these materials which promotes Chula Vista andlor specific Chula Vista amenities, events, projects, programs, businesses, services [(MD)olwp51\dooum""1599.97 (SoCoEDC) (~, Juoo 3D, 1997)] /5rþ Page 3 Memorandum of Understanding or other pertinent activities. Upon execution of this MOU, SCEDC shall provide Chula Vista a list of all existing PR materials currently available to clients, and shall make available copies of these and of new materials as requested by the City on an ongoing basis. e. Listing of all marketing activities undertaken during the reporting quarter and an explanation of how Chula Vista was either represented andlor directly involved. This listing should include, but not be limited to: Print advertising Trade shows (exhibits) Conferences/seminars (presentations andlor sponsorships) Trade missions (both in-bound and foreign) . Business delegationslreceptions PR efforts to promote positive news coverage Newsletters Press releases Direct mail f. Quantification of all businesses visited as part of a SCEDC retention program, including respective names and locations, with Chula Vista businesses highlighted, and including the Chula Vista business contact name, title and phone. g. Identification of any business or other surveys conducted and explanation of how Chula Vista was represented andlor directly involved. h. Listing and description of any public policy forums andlor advocacy meetings held and explanation of how Chula Vista was represented andlor directly involved. i. Identification of any efforts made to promote utilization of regional firms for goods and services as part of the "Buy South bay" program and explanation of how Chula Vista businesses were directly involved andlor represented. j. Description of efforts to support Chula Vista-initiated economic development efforts and special projects that actively seek regional, state andlor federal funding andlor programmatic support, such as the High TechlBiotech Zone and Western Regional BioProcessing Center; and Border Environmental Commerce Alliance, and the Hydrogen Fuel Cell Business Demonstration Program. Coinciding with the end of the Chula Vista fiscal year, the SCEDC will provide the City's Economic Development Manager with a copy of the SCEDC annual report. If the annual report is not yet available, the SCEDC will notify the Economic Development Manager as to when the report should be expected. The SCEDC agrees to respond to requests regarding the SCEDC budget. 3. Miscellaneous. 3.1 Hold Harmless. SCEDC shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcon- IIMD)olwp51\documontI59997 (SoCoEDC) (oe,- Juno 30, 1997)) /S? Page 4 Memorandum of Understanding tractors, or others in connection with the execution of the work covered by this MOU, except only for those claims arising from the sole negiigence or sole wiliful conduct of the City, its officers, or employees. SCEDC's indemnification shall include any and all costs, expenses, attorneys' fees and iiability incurred by the City, its officers, agents, or empioyees in defending against such claims, whether the same proceed to judgment or not. Further, SCEDC at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. SCEDCs' indemnification of City shall not be limited by any prior or subsequent declaration by the SCEDC. 3.2 Termination of MOU for Cause. If, through any cause, SCEDC shall fail to fulfill in a timely and proper manner SCEDC's obligations under this MOU, or if SCEDC shall violate any of the covenants, agreements or stipulations of this MOU, City shall have the right to terminate this MOU by giving written notice to SCEDC of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, SCEDC shall be entitled to receive just and equitable compensation for any services satisfactorily performed up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by SCEDC's breach. 3.3 Independent Contractor City is interested only in the results obtained and SCEDC shall perform as an independent contractor with sole control of the manner and means of performing the services required under this MOU. City maintains the right only to reject or accept SCEDC's work products. SCEDC and any of the SCEDC's agents, employees or representatives are, for all purposes under this MOU, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not iimited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federai income tax, social security tax or any other payroll tax, and SCEDC shall be solely responsible for the payment of same and shall hoid the City harmless with regard thereto. 3.4 General Provisions. This MOU constitutes the entire agreement between the parties with respect to the subject matter hereof and any and all other written or oral agreements with' respect thereto are hereby superseded. This MOU may be executed in multiple counterparts which, taken together, shall constitute one agreement. [SIGNATURE PAGE FOllOWS] [[MD~\wp51\docomoo"59997 (SoCoEDC) (",. JOM 30. 1997)] /5-Y Page 5 Memorandum of Understanding -" Signature Page to the Memorandum of Understanding between the City of Chula Vista and the South County Economic Development Council in support of their mutually beneficial South bay development efforts. IN WITNESS WHEREOF, City and SCEDC have executed the Memorandum of Understanding thereby indicating that they have read and understand same, and indicate their full and complete consent to its terms effective as of July 1, 1997. SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL C ) < ]U(ir BY: U~~ /~ DATED: II, / 1f7 ,1997 Doug Per ins, Executive Director ( , CITY OF CHULA VISTA BY: DATED: , 1997 Shirley Horton, Mayor APPROVED AS TO FORM: BY: DATED: ì ~;;// ? ,1997 / [(MD~\wp51ldoc'm.",\59997 (SoCoEDC) (,., J,n. 30. 199711 /S---C:¡ Page 6 , I COUNCIL AGENDA STATEMENT Item / /P Meeting Date 07/22/97 ITEM TITLE: Resolution /7?'/:J- Authorizing Ayres Land Company Inc., to construct Telegraph Canyon Road improvements and East Palomar Street from Oleander A venue to Medical Center Drive and receive credit against Development Impact Fees. SUBMfITED BY' Directoc of Pub'" W "'~ REVIEWED BY: City Manager~ ~ (4/Sths Vote: Yes_No...K.) The City Engineer has received a letter date UlY; 1997, from Ayres Land Company Inc., requesting authorization to begin construction of two roadway facilities identified in the City's Transportation Development Impact Fee (TDIF) Capital Improvement Projects (CIP) list and begin the DIF credit process. The grading plans have been submitted and approved by the City Engineer as of July 18, 1997. RECOMMENDATION: That the City Council adopt the resolution authorizing Ayres Land Company Inc., to commence construction and reimbursement or DIF credit proceedings in accordance with the TDIF ordinance. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: On July 3, 1997, Mr. William R. Hamlin, Vice-President of Ayres Land Company Inc., sent a letter (Exhibit" A ") to the City Engineer requesting that the City authorize construction and reimbursement or credit for the construction of two roadway facilities and the grading of a portion of the third, identified in the City's Transportation Development Impact Fee Capital Improvement Program (TDIF CIP) list, see Exhibit "B". The projects are: Telegraph Canyon Road widening from Paseo Del Rey to east of Paseo Ladera, a distance of over one mile, and East Palomar Avenue from Oleander Avenue to Medical Center Drive, a distance of less than one-half of a mile. In addition, as part of the SUNBOW n Phase lA improvement area, the developer will also provide for the drainage facilities within the East Orange Avenue extension area, east of Oleander Avenue (not a TDIF credit project) while this work is not eligible for TDIF credit, there may be some related grading work on adjacent portions of future Orange Avenue, which are eligible for TDIF credit. The grading plans have been submitted and approved by the City Engineer as of July 18, 1997. The drainage system improvement plans have been submitted and are anticipated to be signed within the next two months. /~j Page 2, Item Meeting Date 7/22/97 The SUNBOW II Phase lA area is bounded by Medical Center Drive to the east, East Orange Avenue to the south, the existing homes, Greg Rogers Park and Park View Elementary School to the west, and bounded by the existing Chula Vista Woods and SUNBOW I to the north. When completed, the area will have 330 homes constructed. Per Ordinance 2251 and amendment Ordinances # 2289 & 2580, a developer may request reimbursement or credit for the construction of facilities identified in the TDIF project list. Ordinance # 2251 established a Development Impact Fee to pay for transportation facilities in the eastern territories of the City. The ordinance provides that a developer may request authorization from the City Council to construct one or more of the transportation facilities listed in the ordinance. The projects for which authorization is requested is included in the list of Development Impact Fee projects, see Exhibit "B" attached, and is generally described as follows: 1. Telegraph Canyon Road from Paseo Del Rey to a point approximately 1100' east of Paseo Ladera (Project #3) construct as a 6-lane prime arterial. Work in the area will include widening the north side to provide for one additional westbound through lane, paving, curb & gutter, trail, emergency parking, landscaping for the medians and parkways, traffic signal modification and drainage facilities. Additionally, SUNBOW will be widening the south side of Telegraph Canyon Road from Medical Center Drive to a point east of Paseo Ladera. The work will also add an eastbound Telegraph Canyon Road to southbound Medical Center Drive right turn only lane. The cost estimate contained in the Development Impact Fee Report as of January, 1994 is $3,452,000. As of June 30, 1997, the developer's engineer has revised the cost estimate to $2,310,074. The project is anticipated to be completed by Spring or early Summer 1998. 2. East Palomar Street from Oleander A venue to the southerly extension of Medical Center Drive (Project #15): construct as a 4-1ane prime arterial. Work will be for the fIrst one- third (2100 lineal feet) of this segment and will include the grading, paving, curb and gutter, sidewalk (trail), drainage, parkway and median landscaping and ultimately traffic signals at the intersections with Oleander Avenue and Medical Center Drive. The cost estimate contained in the Development Impact Fee Report as of January 1994 is $6,782,000, for the 1.2 mile long section of East Palomar Street which terminates at the eastern SUNBOW boundary. As of June 1997, the developer's engineer has revised the cost estimate for only the 0.4 mile portion to be constructed at $2,369,973. Staff has not received a revised estimate for the entire segment. As..a comparison to the January 1994 cost estimate, $2,260,667 represents one-third of the entire project cost estimate. The construction of a drainage structure which is an integral part of the ultimate improvements for East Orange A venue, east of Oleander A venue will be required. The work will also include /6 r.;2 Page 3, Item Meeting Date 7/22/97 some of the roadway grading besides all other drainage structures. No cost estimate for this project has been submitted since only the grading work within the ultimate street right-of-way is eligible for DIF credit. The actual extension of East Orange Avenue will be done at a later date and not with the Phase lA work being done this fiscal year. The developer will be eligible to receive TDIF credit for any grading within the future roadway that may be used for the future street improvements It is anticipated that most of the major projects listed in the ordinance establishing the Development Impact Fee will be built by developers and that developers will earn credits against future fees at the building pennit stage. There will be relatively few projects that will be funded directly by the Development Impact Fees. Should the credits from future projects not be enough to offset the developer's front-end expense for a particular project, the City will reimburse additional monies to the developers at the time that the City feels there are adequate funds to do so and that reimbursement will not delay needed future projects. Attached is a copy of the Ayres Land Company DIF Recovery Application letter dated June 30, 1997. Ordinance #2554, which added a new chapter 3.50 to the Chula Vista Municipal Code provides a procedure for issuance of credits or tender of reimbursement offer to developers. Per this ordinance a description and cost estimate of the improvements along with other information and statements is required to be submitted to the City Council. The following information has been submitted as required by the ordinance: 1. A letter dated July 3, 1997 to the City Engineer requesting that the City authorize construction and reimbursement or credit for the construction of two roadway facilities identified in the City's TDIF CIP list is included as Exhibits "A" & "B", respectively (attached); 2. A detailed description of each project with a preliminary cost estimate and area plat is included as Exhibit "C" (attached); 3. Ayres Land Company, has had plans prepared and submitted to the City. Grading plans and improvement plans have already been approved as of July 18, 1997. Easements and right-of-ways for the projects have all been obtained as required by the Director of Public Works. All necessary permits and environmental clearances necessary for construction of the project have been obtained by SUNBOW II. /¿-3 Page 4, Item Meeting Date 7/22/97 SUNBOW II, has also paid all required permit and plan check fees and posted any security which is necessary for the project. 4. The City will not be responsible for any of the costs of constructing the projects. All funds to construct the projects shall be advanced by SUNBOW II. 5. Ayres Land Company has secured three (3) qualified bids for the work to be performed. Any extra work or changes during construction shall be justified and shall be documented. Per Ordinance 2320, which established a development impact fee to pay for various public facilities, the developer shall secure at least three (3) qualified bids for the work to be done. 6. When all work has been completed to the satisfaction of the City, Ayres Land Company Inc., shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for credit or reimbursement. 7. Ayres Land Company Inc., will receive credit against required Development Impact Fees at the time of issuance of building permits for SUNBOW II. The total construction costs will amount to more than the total Development hnpact Fees required for the balance of SUNBOW II, therefore the amount in excess will be credited against Development hnpact Fees in future SPA's, will be paid if funds are available as determined by the City Manager, or will be refunded through the use of a reimbursement agreement. Construction of the above mentioned projects is expected to commence in late July/early August 1997 and portions will be completed by mid 1998. FISCAL IMPACT: None to the City. Ayres Land Company Inc., will advance all necessary funds to construct the project and will receive a credit or cash reimbursement in accordance with the provisions of Ordinance #2251 and as amended by Ordinances #2289 & 2580. The construction cost estimates for the two roadway construction projects total $4,680,047 and are contained in the Development Impact Fee Report dated December 1987. The estimated cost as of January 1994 is $3,452,000 for Telegraph Canyon Road and $6,782,000 for East Palomar Street. Since the developer will only construct about one-third of the East Palomar project as identified in the TDIF report, the developer's cost estimate is slightly above a one-third cost estimate for this project of $2,260,667. The actual amount of credit or reimbursement will be determined by the Director of Public Works and be based on actual final costs. The Development hnpact Fee Report will be modified to reflect the actual costs when the improvements have been /~-7 Page 5, Item Meeting Date 7/22/97 completed. The developer will pay all related City staff costs including those for inspection and administration of the TDIF credit procedure. Attachments: J A - Letter dated 7/03/97 from Ayres Land Company /B- Table 3 of Capital Improvement Projects with 7/1/92 Cost Estimate Summary J C - Description, cost estimates and area plats for projects File No.: 0730-20-HX044tHX045tHX046 (H: IHOMEIENGINEER IAGENDA ISUNTDIF .FXR) (R..0711l197",7pm /¿; -S- RESOLUTION NO. /¿r;??1~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AYRES LAND COMPANY INC., TO CONSTRUCT TELEGRAPH CANYON ROAD IMPROVEMENTS AND EAST PALOMAR STREET FROM OLEANDER AVENUE TO MEDICAL CENTER DRIVE AND RECEIVE CREDIT AGAINST DEVELOPMENT IMPACT FEES WHEREAS, the City Engineer has received a letter dated July 3, 1997, from Ayres Land Company Inc., requesting authorization to begin construction of two roadway facilities identified in the City's Transportation Development Impact Fee (TDIF) Capital Improvement Projects (CIP) list and begin the DIF credit process; and WHEREAS, the grading plans have been submitted and approved by the City Engineer as of July 18, 1997; and WHEREAS, per Ordinance 2251 and amendment Ordinances # 2289 & 2580, a developer may request reimbursement or credit for the construction of facilities identified in the TDIF project list; and WHEREAS, Ordinance # 2251 established a Development Impact Fee to pay for transportation facilities in the eastern territories of the City and provides that a developer may request authorization from the City Council to construct one or more of the transportation facilities listed in the ordinance; and WHEREAS, the projects for which authorization is requested is included in the list of Development Impact Fee projects and is generally described as Telegraph Canyon Road from Paseo Del Rey to a point approximately 1100' east of Paseo Ladero (Project #3): construct as a 6-lane prime arterial and East Palomar Street from Oleander Avenue to the southerly extension of Medical Center Drive (Project #2): construct as a 4-lane prime arterial. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize Ayres Land Company Inc. to construct Telegraph Canyon Road improvements and East Palomar Street from Oleander Avenue to Medical Center Drive and receive credit against Development Impact Fees. BE IT FURTHER RESOLVED the actual amount of credit or reimbursement will be determined by the Director of Public Works and be based on actual final costs. Presented by Approved as to form by L~~ John P. Lippitt, Director of John M. Kaheny, City Attorney Public Works C:\rs\ayres.dif /þ-~ 07-03-1997 11: 18AM FROM Ayres land Co jPacWest TO 9317780 P. 02 , i ì I AY'RE I! , I Land Compan ! I : I 'July3,1997 i ! ; : I I . ' :: ì I Mr. CliffordS ansòIi I i I ì City Engineer : . i I ¡ ìCITYOF<:Bf1LAi,v~STA ¡ i ¡ 276FourthAv~nuel . I I I : Chula Vista,CA now! ¡ I J Ii i 'I! ì , . i', I. I , , RE: SUNB. W ~I/~.I.F. APfLlCATION Ii ¡ , Dearcliff:'li I ,:!i I: I ' As YOU., .. know, I ur $Þn.. '. ~.'." VI IT prOj~.i . t is rapidly proceeding, ~d w~.l.'~ctto begin J. din~.In.. I I 'earlyJuly. II. ,II!I ~ I I :, I , ' : I. ì I I <:eN:o. ~. 2252.,' Seçtion4, wew~uldlike to ~qlÍestlthk the,.fOUOWing I cili~e~ with;SIDl~ow,n, Phase IA, be auth~ ~, re;imbursement: ¡ . Telegra h C~Jon Road Qff-Site - From Paseo Del Rert~ Ejm~ Lake ImProv~is . East P Omaf ~. ~lIue Offl,Site/On-Site - Oleander td I\-fe~~Center Drive I : : , :' i ¡ I ' , We would like 0 gejt tlJis process ¡initiated quickly so that o.!.r biddin!g proècdure fullJ!. c~~li s withthatofth C~s.1 '. ! : ¡ I ! ' Ii' ¡I' , " , I I , I : , ¡ i I ì I I I : II ow ~t iD!~~iion you require to preparli your Ml°it f(jr Council ~~ro#l, . ppy ~: provide It tr your staff. j J ' " I '.' I I Sincerely, I : ' I I I ' I I I ! ! i i : , I ¡By: ¡ ¡ I ¡ I I I I ¡ I I I I I I", I I ~$ . : : i : ~U\. \~~1 , WRH1J I ' I ì ' \ 'in'" I 276.wm:1 , I ~.r.n.t"..\'.'..\~'\'\.., I I . "..\~.\' l," , : I .. \)v'. i , I I \ , ! 1 . I ¡¡,-?j;6-8 =U~ JUN-27-87 FRJ 03:41?M BHA, ]N~. FAX NO, 619 831 77~J P. 02/02 SUNBOW II PHASE IA. D.LF. IMPROVEMENTS w.o. 482-0262-600 June 27,1997 TELEGRAPH CANYON ROAD Sunbaw will be '\1Iidening Telegraph Canyon Road on the North side from Paseo Del Rey to East Lake Improvements (5,600 L.F. :!:). Work in the area will include paving, curve & gutter, trail, parking, landscaping, median landscaping, and drainage. Additionally, Sunbow will be widening the South side of Telegraph from MedicaJ Center Drive to east Lake Improvements (2,300 LF. :!: ).'Ibis work includes paving, curb & gutter, turn lane at MedicaJ Center, traffic signals, drainage, and parl-way landscaping. EAST PALOMAR AVENUE 115 part of Phase lA, Sunbow will be constructing that portion of Palomar from Oleander to the extension ofMedica1 Center Drive (2,100 L.F. :!:). WDrk in this area will include grading, paving. corb & gutter. sidewalk (trail), drainage, parkway landscaping & median landscaping and traffic signals. EAST ORANGE AVENUE Sunbow, as part of phase IA will be constructing a drainage structure which is an integral part of Orange Avenue. Our work will include grading and drainage. dif.ìmp.à /þ ~ff' -' nllLE 3 CAPITAL ThIPROYEMTh'T PROJECTS COST ESTL\lA TE sUMMÀRY (AS OF JULY I, 1992) No, PIP Street L=tion Revised Rtmub Cost 1 SlOtt Route 125 North Sill Migue] to Telegraph Canyon Road SO To SR-I25 pIP/CFP 2 Slate ROllI: 125 Somh Te]egraph Canyon Road 10 East Onn¡e 0 To SR-I25 pIP/CFP Avenue 3 Telegraph Cuyon Road Pasco Pel Roy to East of Pasco Ladera 3.~52,OOO WJdeIÚD& to 6-1ane prime 3a Te¡egraph Cuyon Road 1-805 Intmhange \'hue n 1,8]~,OOO llutWngelmprovemems (Phm llA is under consuua;on) ~ Telegraph CllIyon Road Phase I Rulge" 10 EISl1ake Boundary 0 Project Completed 5 Telegraph CIlIYon Road Phase n Pasco Ladcra 10 Apache Drive 0 Project Completed '6 Te]egraph Canyon Road Phase m Apache Drive to RUlge" Road 1 .677 ,000 6-1an1: major (under construction) 7 East "H" Streel 1-805 llutWnge Modifications 3,780,000 llutWnge Improvements (Phase 1 complCled) 8 East "H" SI=t Eastlake Drive 10 SR-125 0 Project ComplCled 9 Otay Lakes Road Camino del CelTo Grande 10 Ridgeback 0 Project Completed Road ". ]0 Otay Lakes Road Telegraph Canyon Road 10 East Orange ~,574,OOO Consu:ucûon as 6-lane prime (only Avenue Phase 1 - 4 Jane¡ included) II Boniu Road Otay Lakes Road 10 Central Avenue . 370,000 WideDÌD8 10 4-1an1: "",jor 12 Boniu Road Central Avenue 10 San Miguel Road 792,000 WideDÌD8 10 4-1ane ""'jor 13 San Miguel Road Boniu Road to SR-I25 1.574,500 Scoond Pan of SR-I25 DIF/CFD I~ East "H" S~el SR-I25 10 Mt. Miguel Road 0 Project completed 15 Proctor Valley Road MI. Miguel Road to Hunte Parkway 5,377,000 CODSInlction as 6-1an1: prim. (East "W Street) 16 East Onn¡e Avenue Dlcander to Sunbow Eastern Boundary 6,266,000 ConstrUCÛon as 6-1anc prime 17 East Palomar SlTUt OlcaDdcr to Sunbow Easttrn Bounduy 6,782,000 Construction IS 4-1ane major /~ -c¡ LDT :S1IlBUXTONtnANSDIP .NAJt -10- 110293 ----.. .._~..._----_._----_.~- TABLE 3 CAPITAL L\IrnC!\T.:'\1ETI PROJECTS COST ESTL"lA TE SLTMMARY (AS OF JULY I, 1992) No. DIP Street Loc:a1.icm Revised Rcm.ub Cost 18 Telegnph Canyon Road Phase IV EastJakc I Eutcm BDUDdary to 0 Project Completed HmIIc Parkway 19 EutIa1c Parkway Telegraph Canycm RDad La Eastlake lligh 0 Project Completed School SDUlhcrn BoUDdary 20 HUIIIC Parkway ProcIDr Valley RDad to Telegnph Canyon 4,395,000 Ccmnruct.ion II 4-Jane major Road 21 Hunte Patkway Telegraph Canycm RDad to Club HDIlSe 0 Project Completed Drive 21a HUIIIC Parkway Club HDIlSe Drive 10 East OnDge Avenue 1,250,000 Construction as 4-Jane major 22 East Oran¡¡e Avenue Eastlake p;¡rkway 10 HUDIC Parkway 6.356,000 CDDStrUI:lion as 6-lanc prime 23 Pasco Ranchero Telegraph Canyon Road La East OnDge 3,388,000 Construction as 6-\ané prime Corny Avenue Phase I - 4 lanes included) 24 East Orange AveDUC Eastem SunbDW BDUDduy 10 Eastlake 10,961,000 Ccmnruct.ion as 6-lanc prime Parkway 25 East Orange AveDUC I-80S Imerchange Modificaùons 4,064,000 Imen:hange lmprovcmeDlS 26 East PaJomar Street Eamm Sunbow BDUDcWy 10 Pasco 3,120,000 CoDSU1lCùon as 4-lane major Ranchero 27 East Palomar Suut I-80S Imcrchange 2,673,000 Imcrchange ImprDVCD>eDlS 28 TeJegnph Canyon Road HUDIC Parkway to WucstC RDad ' 3,114,000 CoDSlrocùon as 4-lanc major 29 East Onnge Avenue HUDle Parkway to Olympic Training CeDler 5,104,000 CoDSU'Ucùon as 4-lanc major 30 Telegraph Canyon Road SR-I25 to Eastlake Parkway 1,493,900 Widening to 8-lano prime 31 Eastlake Parkway FeDlon Suut to Tele8raph Canyon Road 980,400 Widening 10 6-Jane major 32 :i!ast"H"St=t 1-805 to Hidden Vista Drive 901,000 Wukning 10 8 1ancs 33 Bonita RDad Otay LaJ::cs RDad Imcrsccùon 105,000 Imcrsccùon ImprDVClDeDlS 34 Otay LaJ::cs Road Elmhum Drive Imcrsccùon 70,000 Imcrsccùcm ImprDVClDeDlS 35 East"H" ~t Otay LaJ::cs RDad Imcrsccùon 221,000 Imcrsccùon ImprovCIDeDlS 36 Traffie Signal SyllClD wide 138,000 lDU:"'oDDCCÙon /~ 'itJ urr :9/B UXTONITlA. >mJ IF .N AJ. -11- IJ0193 .. -_.~_.__.__.__... 0 - - ---"-, ° o"",--,-r--," -~~---, ------ ---- TABLE 3 CAPITAL L\ll'ROVEMENT PROJECTS COST ESTIMA IT SUMMARy (AS OF JULY I, 1992)' No. DIP St=t Locaùon Revise<! Rcmu\:¡ Cost 37 Eutlake Parkway Eutlake High Schoo] Southern BoUDdary to 2,381,000 ConstrUcÙon as -4-1ane major East e>nnge Avenue 38 East"H" Street Pasco Dc] Rey to Tiem Del Rey 682,000 St=t Widening 39 Bomla Road 1.805 to Plaza BonÏU Road 270,000 St=t Widening SUBTOTAL $96,285,300 Slate-Loc..I Tramporuùon 5 % of Projects (4,8]4,265) Panncrthip Prognm MattliliJg PuDds Comm=iall.aDd Fcc 800,000 Adjustment TOTAL 592,271,035 A DJF program suppon 5% oftOlal project cost 4,6]3,552 i Available Revenue Less funds available for DIF construction (6,319,885) I See Table 5 RamainingCrcdits 7,563,883 GRAND TOTAL 598,]28,585 ~ /¿ -// PROJECT NO.3 TELEGRAPH CANYON ROAD PASEO DEL REY TO EAST OF PASEO LADERA -. Project Description: Widen Telegraph Canyon Road to a six lane prime arterial street (104 feet curb to curb) from Paseo Del Rey to east of Paseo Ladera. Improvements to include grading, pavement, drainage faci1ities, curb, sidewalk, street 1ighting, landscaping and median landscaping. Cost Estimate: $3,315,000. " ( .... Project Location: " L, I j "' ('-t.._.J r1 ..J~ I \ r I \ *" I - V 1 if 1 L--- - - , , ~ - ( JS5\co""pnd\J,nclI,104126INov<mò" 20, 1990 /J, ~{i2 ..-..---..--... "--'--'~'-------"-- TELEGRAPH CANYO;-'¡ ROAD :\'ORTH SIDE: PASEO DEL REY TO EAST OF PASEO LADERA SOUTH SIDE: EAST OF ;\1EDICAL CENTER DRIVE TO SUNBOW BOUi\l)ARY COST ESTL\1A TE Estimate November 1990 TELEGRAPH CANYON ROAD I NORTH SIDE Surface Improvements $ 1,134,000 Utility Relocation 100,000 Dry Utility 220.000 Subtotal $ 1,454,000 II SOUTH SIDE . Surface Improvements $ 482,000 Water Line Relocation 100,000 ~ Traffic Signal 100.000 Subtotal $2,136,000 III LANDSCAPING MEDIAN & SLOPES 397.000 Subtotal $ 2,533,000 IV 15 % Contingency 379.950 Subtotal $ 2,912,950 V 6% Design 174,777 VI 6% Inspection and Administration 174777 Subtotal $ 3,262,504 VII 2% DIF Administration 50.660 TOTAL $ 3,313,164 USE $ 3.315.000 , . JS5\co""p"d'Je"etlc\04126\Novcmòcr 20. 1990 /~-Ç PRELThflNARYCOSTBUDGET SUNBOW II - PHASE IA D.I.F. ROAD REIMBURSEMENTS TELEGRAPH CANYON ROAD OFF-SITE (NORTH SIDE - PASEO DEL REY TO EAST LAKE IMPROVEMENTS, SOUTH SIDE MEDICAL CENTER DRIVE TO EAST LAKE IMPROVEMENTS) W.O. 482-0262-600 June 30, 1997 * Improvements $1,790,756 Contingency (15%) 268,613 * Design Costs (6%) 107,445 * Inspector and Administration Costs (6%) 107,445 * D.I.F. Project Administration Costs (2%) 35.815 TOTAL $2,310,074 Note: Telegraph Canyon Improvements are for widening to a six (6) lane major. Quantities are based on 40-scale Improvements Plan as of June 30, 1997. * These cost wl11 be reimbursed at actual expenditures. dif-imp.bud bliA, Inc. /¿; -/ ----------- .- _. ~----------- -- --~----------------~---- PRELIMINARY COST BUDGET SUNBOW 11- PHASE IA D.I.F. ROAD REIMBURSEMENTS TELEGRAPH CANYON ROAD OFF-SITE (NORTH SIDE - PASEO DEL REV TO EAST LAKE IMPROVEMENTS, SOUTH SIDE MEDICAL CENTER DRIVE TO EAST LAKE IMPROVEMENTS) W.O. 482-0262-600 June 30,1997 Grading & Site Preparation $173,650 Perimeter Walls & Fencing $0 Slope Planting & Irrigation $330,000 Sanitary Sewers $0 Water Distribution $0 Storm Drainage $158,400 Reclaimed Water Improvement $0 Roadway Improvements $962,665 Utilities $80,000 Utility RelDcation $40,000 Amenities & Special Const. $0 Consultants $0 General Conditions & Requirements $0 Maintenance $0 Fees & Bonds w/Final Map $46,041 Fees & Bonds w/Building Permit $0 TOTAL $1,790,756 dif-imp.bud /~~6 bhA, Inc. -.---.----------- PROJECT NO. 17 í ~ EAST PALOì\IAR STREET 1- 805 TO EASTERN smmow BOŒ\'DARY Project Description: Construct Palomar Street from I - 805 to the eastern SUN- BOW boundary as a four-lane major street (80 feet curb to curb). Improvements to include grading, pavement, dra.in.1.ge, cu.rb, side)Valk, landscaping an~ str~t lighting. Cost Estimate: 56,526,200. Project Location: (", j "' (-~-J '] \ J~~ ~ \ ",- I "",,"" I I ¡ I ( I , ( JS~\cor.'rnd\J'n'".\04126\No"'mb<r 20, 1990 / ~ ;(,;þ PALOMAR STREET EAST PALO:\IAR STREET OLEA1\l)ER A VE1\LJE TO EASTER."I DIF BOl.)"Nl)ARY COST ESTfMA TE Estimate Nov. 1990 I Surface Improvements S 1,463,000 Grading 2,000,000 Dry Utilities 945,000 Traffic Signal 300,000 Landscape 270 000 Subtotal S 4,978,000 II 15% Contingency 746.700 Subtotal S 5,724,700 III 6% Design 343,482 IV 6% Inspection and Administration . '43 482 Subtotal $ 6,411,664 - iIi V 2 % DIF Project Administration 114.494 TOTAL $ 6,526,158 I USE $ 6.526.200 - J ,( JS5\<o",pnd'J,n"',1041 26INo",",Þ" :20, 1990 /t-p ----------------------- PRELIMINARY COST BUDGET SUNBOW 11- PHASE IA D.I.F. ROAD REIMBURSEMENTS EAST PALOMAR ROAD (1-805 TO MEDICAL CENTER DRIVE) W.O. 482-0262-600 June 30, 1997 * Improvements $1,837,189 Contingency (15%) 275,578 * Design Costs (6%) 110,231 * Inspector and Administration Costs (6%) 110,231 * D.I.F. Project Administration Costs (2%) 36.744 TOTAL $2,369,973 Note: Full improvements for a four (4) lane major. Quantities are based on 4O-scale Improvements Plan as of June 30, 1997. * These cost will be reimbursed at actual expenditures. dif-imp.bud b~A, Inc. )cb~/3' . ........ ..__.~--_._..._.__.__.- PRELIMINARY COST BUDGET SUNBOW II - PHASE IA D.I.F. ROAD REIMBURSEMENTS EAST PALOMAR ROAD (1-805 TO MEDICAL CENTER DRIVE) W.O. 482-0262-600 June 30,1997 Grading & Site Preparation $280.000 Perimeter Walls & Fencing $0 Slope Planting & Irrigation $206,048 Sanitary Sewers $68,000 Water Distribution $0 Storm Drajnage $485,000 Reclaimed Water Improvement $0 Roadway Improvements $737,000 Utilities $0 Utility Refund $0 Amenities & Special Const. $0 Consultants $0 General Conditions & Requirements $0 Maintenance $0 Fees & Bonds wlFinal Map $61,141 Fees & Bonds wlBuilding Permit $0 TOTAL $1,837,189 dif-imp.bud bhA, Inc. /¡---;Lj ---- ------- -----.. ----------------- --------.--------.---