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Home My WebLink About2007/05/22 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista In the Office of the City Clerk and that I posted this , document on the bulletin board according ~ 'f.t..- n Act requirements. cj')..dA,LL ::..~~ Signed W1.;)NO ~~~ CIlY OF CHUlA VISfA Cheryl Cox, Mayor Rudy Ramirez, Councilmember Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Councilmember May 22, 2007 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox WELCOME AND INTRODUCTIONS BY DEPUTY MAYOR JERRY R. RINDONE PLEDGE OF ALLEGIANCE TO THE FLAG LED BY JOHN WILLETT INVOCATION BY THE REVEREND DR. RICHARD FREEMAN INTRODUCTION OF MAYOR CHERYL COX BY ELIZABETH COX STATE OF THE CITY ADDRESS BY MAYOR CHERYL COX 7:00 P.M. RECESS FOR RECEPTION 7:30 P.M. RECONVENE AND CALL TO ORDER SPECIAL ORDERS OF THE DAY · PRESENTATION BY MAYOR COX OF A PROCLAMATION TO PUBLIC WORKS OPERATIONS DIRECTOR BYERS, PROCLAIMING THE WEEK OF MAY 20 THROUGH MAY 26, 2007 AS NATIONAL PUBLIC WORKS WEEK CONSENT CALENDAR (Items I through II) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.66.040 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW THE PERMITTING OF ALCOHOL DURING FACILITY RENTALS AT SALT CREEK, MONTEVALLE AND VETERANS RECREATION CENTERS AND AMENDING SECTION 2.66.015 (A) TO REDEFINE THE TERM ALCOHOLIC BEVERAGE TO INCLUDE BEER, WINE AND CHAMPAGNE ONLY (SECOND READING) Adoption of the ordinance revises the Chula Vista Municipal Code sections that relate to alcohol at recreation centers, in order to add the three centers to the current list of authorized facilities and to limit alcohol to beer, wine and champagne. New permitting standards and fees are also proposed as part of this staff recommendation. First reading of this ordinance was held on May 15, 2007. (Recreation Director) Staff recommendation: Council adopt the ordinance. 2. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A TWO-HOUR PARKING LIMIT ALONG THE 500 BLOCK OF VANCE STREET AND UPDATING SCHEDULES VI AND XVI OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS TIME-LIMITED PARKING ZONE (FIRST READING) Staffreceived a petition signed by the residents of the 500 block of Vance Street, stating that there is insufficient on-street parking and requesting time-limited parking be implemented. (Acting Assistant City Manager/City Engineer) Staffrecommendation: Council place the ordinance on first reading. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING JUNE 15, 2007 AS THE DATE BY WHICH PROPERTY OWNERS WITHIN UNDERGROUND DISTRICT NO. 133 ALONG FOURTH AVENUE FROM L STREET TO ORANGE AVENUE SHALL BE READY TO RECEIVE UNDERGROUND UTILITY SERVICE, SETTING DECEMBER 31, 2008 AS THE APPROXIMATE DATE BY WHICH POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD FACILITIES ARE REMOVED WITHIN THE DISTRICT, AUTHORIZING THE INCREASE OF UTILITY ALLOCATION FUNDS TO APPROXIMATELY $2,967,000, AND AUTHORIZING PRIVATE UTILITY CONNECTIONS TO BE CONSTRUCTED AS PART OF THE DISTRICT In January 2002, the City Council held a public hearing and established Utility Undergrouod District No. 133 along Fourth Avenue from L Street to Orange Avenue. Adoption of the resolution sets June 15,2007 as the date by which property owners shall be ready to receive underground utility service, sets December 31, 2008 as the approximate date by which poles and other associated overhead structures shall be removed within the district, increases the authorization of utility allocation fuods, and authorizes the private utility connections to be constructed as part of the district. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda htto:/ /www.chulavistaca.l!OV May 22, 2007 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $138,776 IN REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES AND THE CITY OF SAN DIEGO TO OFFSET OVERTIME AND SUPPORT COSTS IN THE FIRE DEPARTMENT (4/5THS VOTE REQUIRED) The Fire Department has received reimbursements in the amount of $138,776 from the State Office of Emergency Services and the City of San Diego for staff time related to strike teams that were sent as part of the mutual aid agreements to assist in statewide firefighting efforts during the 2006 fire season and the rescue team that was deployed for Hurricane Emesto. Adoption of the resolution appropriates these funds to offset overtime and facility support costs. (Fire Chief) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FISCAL YEAR 2007 EMERGENCY MANAGEMENT PERFORMANCE GRANTS FUNDS IN THE AMOUNT OF $30,729 AND DIRECTING STAFF TO INCLUDE SAID FUNDS AND CORRESPONDING MATCHING FUNDS IN THE AMOUNT OF $30,729 TO THE FEDERAL GRANTS FUND EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM IN THE FISCAL YEAR 2007/2008 BUDGET The County of San Diego Office of Emergency Services, which administers the Emergency Management Performance Grants Program, has notified the Fire Department of its Fiscal Year 2007 award in the amount of $30,729. Adoption of the resolution accepts these funds for use in continuing the development of the City's Pre-Incident Planning Project. (Fire Chief) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FISCAL YEAR 2006 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS IN THE AMOUNT OF $104,600 AND APPROPRIATING SAID FUNDS (4/5THS VOTE REQUIRED) The County of San Diego Office of Emergency Services, which administers the State Homeland Security Grant Program has notified the Fire Department of its Fiscal Year 2006 award in the amount of $104,600. Adoption of the resolution accepts and appropriates the funds for use in the Fire and Police Departments to purchase communication, computer equipment and to fund homeland security related training and planning activities. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $2,086 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) Page 3 - Council Agenda htto:/ /www.chulavistaca.l!OV May 22, 2007 The Animal Care Facility has received donations in the amount of $2,086 from various donors from March through April 2007. Adoption of the resolution accepts and appropriates the donations to purchase supplies as needed to provide veterinary care. (General Services Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $54,777 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM (4/5THS VOTE REQUIRED) The County of San Diego Office of Emergency Services, which administers the Law Enforcement Terrorism Prevention Program for local agencies, has notified the Police Department of its Fiscal Year 2006 award in the amount of $54,777. Adoption of the resolution accepts and appropriates the funds to be used on portable radios and homeland security training. (Police Chief) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $194,114 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM (4/5THS VOTE REQUIRED) The City of San Diego Office of Homeland Security, which administers the Urban Area Security Initiative Grant Program, has notified the Police Department of its Fiscal Year 2006 award in the amount of $194,114. Adoption of the resolution accepts and appropriates the funds to purchase chemical resistant personal protective equipment and provide homeland security training to police officers. (Police Chief) Staff recommendation: Council adopt the resolution. 10. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PREPARATION OF AN ENGINEER'S REPORT TO INITIATE THE PROPOSITION 218 BALLOT PROCESS TO CONSIDER INCREASING ASSESSMENTS FOR OPEN SPACE DISTRICTS 3, 7, 9, OPEN SPACE DISTRICT 20 ZONES 2, 4, 7, OPEN SPACE DISTRICT 23, AND EASTLAKE MAINTENANCE DISTRICT I, ZONES A AND D B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NBS GOVERNMENT FINANCE GROUP, DBA NBS, FOR PROPOSITION 218 BALLOT SERVICES FOR CERTAIN OPEN SPACE DISTRICTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT Page 4 - Council Agenda htto://www.chulavistaca.2ov May 22, 2007 The City administers and maintains thirty-six open space districts and associated zones. The Council previously approved the development of an effort regarding potential open space district levy increases to maintain levels of service. Adoption of the resolutions authorizes the preparation of an Engineer's report, directs staff to begin the public process to propose an increase in the district assessments, and approves an agreement with NBS for 1972 Act Assessment Increase Services. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolutions. II. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 04-09, SYCAMORE ESTATES, ACCEPTING THE VARIOUS STREETS AND EASEMENTS GRANTED ON SAID MAP, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS On April 19, 2005 the Council approved tentative map no. 04-09 for Sycamore Estates. Adoption of the resolution approves the final map for Sycamore Estates, located north of Main Street, between Hilltop Drive and 1-805. (Acting Assistant City Manager/City Engineer) Staffrecommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Authority on any subject matter within the Council/Authority's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council//Authority from taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency/Authority may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 12. CONSIDERATION OF ACCEPTANCE OF STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS The Police Department was awarded $434,864 through the Supplemental Law Enforcement Services Fund. These State funds were allocated to the Police Department for purposes required by the Citizens' Option for Public Safety (COPS) Program. Acceptance of these funds requires a public hearing per the State COPS Program. (Police Chief) Page 5 - Council Agenda htto:/ /www.chulavistaca.20V May 22, 2007 Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $434,864 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND DIRECTING STAFF TO INCLUDE $434,864 IN THE FISCAL YEAR 2008 BUDGET OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES GRANT FUND 13. CONSIDERATION OF ACCEPTANCE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS The Police Department has received notice of an Edward Byrne Memorial Justice Assistance Grant Award in the amount of$90,139 from the Bureau of Justice Assistance. Acceptance of these funds requires a public hearing per the Justice Assistance Grant. (Police Chief) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $90,139 FROM THE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND DIRECTING STAFF TO INCLUDE SAID FUNDS IN THE FISCAL YEAR 2007/2008 BUDGET OF THE JUSTICE ASSISTANCE GRANT FUND ACTION ITEMS The Item listed in this section of the agenda will be considered by the Council/Authority, and is expected to elicit discussion and deliberation. If you wish to speak on this item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 14. CONSIDERATION OF APPROVAL OF THE HISTORIC PRESERVATION WORK PROGRAM The report presents the proposed Historic Preservation Work Program, which includes the formation of an interim Advisory Committee, finalization of a Historic Preservation Ordinance, a proposal for a historic resources survey, and public participation throughout the process. (Planning and Building Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE HISTORIC PRESERVATION WORK PROGRAM AND AUTHORIZING STAFF TO COMMENCE WITH THE IMPLEMENTATION OF SAID WORK PROGRAM Page 6 - Council Agenda http://www.chulavistaca.gov May 22, 2007 OTHER BUSINESS 15. CITY MANAGER'S REPORTS 16. MAYOR'S REPORTS 17. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of June 5, 2007 at 4:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 7 - Council Agenda htto:llwww.chulavistaca.l!ov May 22, 2007 R\\O~ ORDINANCE NO. f>..~'i) f>..'i)O \\t:.f>..'i)\~\j. ~~CO~'i) AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING SECTION 2.66.040 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW THE PERMITTING OF ALCOHOL DURING FACILITY RENTALS AT SALT CREEK, MONTEV ALLE AND VETERANS RECREATION CENTERS AND AMENDING SECTION 2.66.015 (A) TO REDEFINE THE TERM ALCOHOLIC BEVERAGE TO INCLUDE BEER, WINE AND CHAMPAGNE ONLY (FIRST READING) WHEREAS, the Recreation Department currently allows alcohol to be served at functions in facilities rented by the public at the Norman Park Center, the Woman's Club and Rom Manor in Rom Park; and WHEREAS, the Recreation Department is proposing to expand its eXlstmg policy to issue permits allowing alcohol to be served under strict permit standards during facility rentals at Salt Creek, Montevalle and Veterans Recreation Centers; and, WHEREAS, this proposal will require the amendment of Chula Vista Municipal Code (CVMC) Sections 2.66.040 and 2.66.015 (A), which relate to alcohol at recreation centers in order to add the additional recreation centers to the current list of authorized facilities and to limit the type of alcohol that can be served; and, WHEREAS, during the design phases of the Salt Creek, Montevalle and Veterans Recreation Centers, emphasis was placed upon making these facilities as desirable as possible in regards to their potential to be rented by the public for activities such as wedding receptions, birthday parties ands other similar social functions; and, WHEREAS, in addition to the Recreation Department's desire to provide a service to the community by providing affordable rental space, the ability to allow alcohol to be served at permitted functions factored into market planning and revenue proj ections for the current fiscal year; and, WHEREAS, at its August 17, 2006 meeting the Parks and Recreation Commission voted to recommend adoption of new alcohol permit standards related to the use of alcohol during facility rentals and to add Montevalle Recreation Center to the facilities that allow alcohol to be served; and, WHEREAS, the Recreation Department anticipates that in order to meet its projected revenues from facility rentals the Salt Creek and Veterans Recreations Centers must also be authorized to serve alcohol at permitted functions 1-1 Ordinance No. Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: THAT TO CYMC 2.66.040 AND 2.66.015(A) BE AMENDED AS FOLLOWS: 2.66.040 Sale or serving of alcoholic beverages in recreation buildings prohibited. A. Except as authorized in CYMC 2.66.040(B), it is unlawful to sell or serve any alcoholic beverage at any recreation center. B. Alcoholic beverages may be served, pursuant to a special permit issued by the director of parks and recreation, at the following recreation centers: Norman Park Senior Center, Chula Vista Women's Club, aaa Rohr Manor, Salt Creek Recreation Center, Montevalle Recreation Center and Veterans Recreation Center. (Ord. 2713 9 I, 1998; Ord. 2651 91, 1995; Ord. 1557 9 I, 1974; Ord. 1179 9 I Art. 3, 1969; Ord. 857 92(B), 1963; prior code 9 21.3.2(2)). 2.66.015 Defmitions. Within this chapter, the following definitions apply: A. "Alcoholic beverage" means 8.!l-y seyerage as aefineel BY Busmess ana Prefcssions Code SeetioH 23094, aRd iaeludes Beer, wme, w-lliskey, gill or similar Beverage eontainiRg lRefe than one half of eae persent of aleohol BY yolume beer, wine and champagne only. B. "Park" or "city park" means the land and easements owned or leased by the city of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the city for purposes of sports and public recreation. The term shall inelude the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. C. "The director of parks and recreation" means the director of parks and recreation or designee. D. "Recreation facility" or "recreation center" means a building and the appurtenant land owned, leased or operated by the city of Chula Vista for the purpose of sports and public recreation activities, and includes a parking lot serving the building and any contiguous sidewalks. Although a recreation center or recreation facility may be located within a city park, it is a separate and distinct term for purposes of this chapter. E. "Recreation area" means a city park, as defined in this section. 1-2 Ordinance No. Page 3 resolution, regulation or agreement is dedicated to or operated by the city of Chula Vista for purposes of recreational hiking and riding. (Ord. 2651 ~ 1, 1995). NOW, THEREFORE BE IT FURTHER RESOLVED, that this ordinance shall take effect and be in full force thirty (30) days after its adoption. Presented by: Approved as to Form by: Buck Martin Director of Recreation ~~\\~~~~\ Ann Moore City Attorney J:Attomey\Ordinance\Amendment to CYMe 2.66.040 1-3 CITY COUNCIL AGENDA STATEMENT ~~ CITY OF -- (HULA VISTA 5/22/07 Item ~ ITEM TITLE: ORDINANCE ESTABLISHING A TWO-HOUR PARKING LIMIT ALONG THE 500 BLOCK OF VANCE STREET AND UPDATING SCHEDULES VI AND XVI OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS TIME- LIMITED PARKING ZONE. CITY ENGINEER S'/ / INTERIM CITY MANAGER jI SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES NO X BACKGROUND Staff received a petition, signed by the residents of the 500 block of Vance Street, stating that there is insufficient on-street parking along Vance Street and requesting time-limited parking be implemented. The residents claim that the patrons of nearby businesses are utilizing on-street parking for long periods of time along the frontage of their properties, making it difficult to park near their homes. As a result, the residents have requested that a time-limited parking zone be established on Vance Street in order to discourage long term commercial parking within the residential area. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class I categorical exemption pursuant to Section 15301(c) (Existing Facilities) of the State CEQA Guidelines because it involves the operation of an existing City street. Thus, no further environmental review is necessary. RECOMMENDATION That Council adopt an ordinance to establish a two-hour time-limited parking zone along the 500 block of Vance Street. 2-1 5/22/07, Item d- Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION The Safety Commission, at their meeting of April 12, 2007, voted four Commissioners to two, to concur with staffs recommendation to establish two-hour time-limited parking restrictions along the 500 block of Vance Street. DISCUSSION On January 26, 2007, staff received a petition signed by the residents of Vance Street, requesting time-limited parking on Vance Street (see Attachment 1). In the past, residents along Vance Street have called City staff to voice their concern regarding the on-street parking situation along the 500 block of Vance Street (between Broadway and Smith Avenue). Residents claim that there is seldom any available parking along Vance Street because customers of nearby businesses located on Broadway are utilizing these on-street parking spaces for overflow parking. Their request for the time-limited parking zone is to discourage the customers of these businesses from parking their vehicles on Vance Street in front of the single-family homes. Vance Street, between Broadway and Smith Avenue, is 36'wide curb-to-curb and is 600' in length (approximately 1110 mile long), with parking allowed on both sides of the street. Businesses such as Merkl's Deli and the Village Card Room are located towards the western end of Vance Street on Broadway. Vista Square Elementary School is located at the eastern end of the roadway segment at the intersection of Smith A venue. The land use along Vance Street is predominantly single-family residential. There are approximately 36 undesignated parallel parking spaces along this street (see Attachment 2). Upon receiving the request, staff performed field investigations and a parking study on Vance Street between Broadway and Smith Avenue. The purpose of the parking study was to determine how much of the parking in this area was being utilized and the amount of time that specific vehicles remained parked along this street. The parking study was initiated at 9:00 a.m. on March 20, 2007 and was concluded at 6:30 a.m. on March 21, 2007. Data regarding the number of cars parked along Vance Street was collected in two-hour intervals between 9:00 a.m. and 6:00 p.m., with a final field visit the following morning to get a sense ofthe overnight parking situation. Analysis of the field data shows that, in general, the demand for parking is heavy during the day and that there are only a few on-street parking spaces available overnight. The study indicates that, of the 36 on-street parking spaces in the area, 40% of the vehicles remained parked in the same location during the entire study period (suggesting the vehicles belong to residents along Vance Street), 50% were parked longer than 10 hours (suggesting that the vehicles belong to either the residents or visitors along Vance Street, or customers of the Village Card Room), and 10 % were parked there for no more than two hours. During the study, the Village Card Room on-site parking was observed to be at or near capacity. There were 13 available parking spaces along Vance Street at 6:30 a.m. the morning of March 21, mostly towards the western end of Vance Street near the intersection of Broadway. For the purpose of this analysis, staff has divided Vance Street into three zones. Zone 1 is the eastern residential portion of Vance Street, Zone 2 2-2 5/22/07, Item d--. Page 3 of 4 is the middle residential portion, and Zone 3 IS the western predominantly business portion of Vance Street. In accordance with California Vehicle Code Section 22507, local authorities may, by ordinance or resolution, prohibit or restrict the stopping, standing or parking of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day. The ordinance or resolution, as described by the Vehicle Code, may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adj acent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution. City Municipal Codes 10.86.010 and 10.86.020, has established procedures for the issuance of permits to residential property owners or tenants to enable such persons to park their vehicles in the street adjacent to their homes for periods in excess of the time limitation established for parking on such streets. Residents requesting such permits must apply in person at the Engineering Counter in the Public Services Building at 276 Fourth Avenue, Chula Vista, CA 91910. They must provide proof of residence at an affected address, proof of ownership of the vehicle for which the permit is to be issued, and positive identification such as a California driver's license. In the past, the City has established similar parking permit areas such as the 400 block of Woodlawn Avenue that was established in early 2003, the 300 block of "J" Street that was established in early 2000, and in several locations within the Downtown Business District. While the majority of the Safety Commission supported staffs recommendation to implement the time restricted parking, there was some concern raised regarding the amount of notification given to the residents and small businesses in the area about the proposal. While staff did place signs along Vance Street one week prior to the Safety Commission meeting notifying the general public of an upcoming Safety Commission item that could affect the neighborhood, direct contact with individual residents and businesses along Vance Street was not made. A representative from the Village Card Room was present at the April 12 meeting and did speak on the issue stating the parking restriction may have a minor impact on card room patrons, but that the card room was not opposed to the restriction. Since the Safety Commission meeting, City staff did send letters to each residence and business along Vance Street informing them of the proposal and of the upcoming City Council vote on the issue. CONCLUSION Based on the above field studies and analysis, staff concluded that a considerable percentage of parked vehicles may belong to the customers of the nearby businesses and that based on this information, staff believes the request made by the residents of Vance Street has merit. Staff believes that time-limited parking in the area will help to discourage long-term commercial parking within the residential area. The proposed two- hour parking restriction would be placed on both sides of the street along the residential frontage of Vance Street between Broadway and Smith Avenue (see Attachment 2). It should also be noted that, in addition to enforcing the two-hour parking limitation, the Police Department would also enforce the citywide 72-hour parking limitation. Residents 2-3 5/22/07, Item J.., Page 4 of 4 exempt from the two-hour parking limitation would not be exempt from the 72-hour limitation and therefore, they could not leave their vehicles parked on the street for more than 72 hours without having their vehicles subject to being towed away (at the owner's expense) as abandoned vehicles. Pursuant to Chula Vista Municipal Code - Section 10.04.030, since the Safety Commission concurred with staff s recommendation (see Attachment 3), the request for time-limited parking is forwarded to the City Council for final adoption. Staff recommends that City Council adopt a resolution to add the 500 block of Vance Street to Schedule VI (Parking - Time-Limited on Certain Streets) and Schedule XVI (Permit Parking on Certain Residential Street with Time Limited Parking), which is maintained by the Office of the City Engineer, thereby authorizing the installation of two-hour time- limited parking as listed in the following table, and that permits be issued for residents on these streets to exempt them from the prohibition or restriction of the resolution. 10.52.330 Schedule VI - Parkinf! - Time-limited on Certain Streets AND 10.86.010 Schedule XVI- Permit Parkin!! on Certain Residential Streets with Time Limited Parkinf! Name of Street Beginning At Ending At Side Duration Vance Street Smith Avenue Broadway North & South 2 Hour DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no property holdings within 500 feet of the boundaries of the property which is the subject ofthis action. FISCAL IMPACT The estimated cost for the installation of time-limited parking signs is approximately $ 1,000, which can be funded through the Public Works operating budget. ATTACHMENTS 1. Copy of petition signed by the residents 2. Location Map and proposed sign locations 3. Safety Commission Agenda Statement and Minutes Staff Report Date collected during parking study Municipal Code on Time-Limited Parking (Section 10.52.330) Minutes of April 12,2007 Safety Commission Meeting Prepared by: Hasib Baha, Associate Civil Engineer, Engineering 2-4 ATTACHMENT \ ~ frlV. d-b J 6 "7 J) ~' RECEiVED .. fl " JI CITY OF CHULA VIST A ..JCA..V~ ) ENGINEERING DEPT D~ )(w~II'~J ~ ~~~.~ VK~' 107 2-. ~ ~ ~ a:t A s-~ 0 >>L:t<- <>-1 \r~U~..~ ~ V~/U) w~;;tJ...e. ~~~~ p~ ~~rWJ ~~~~ ' r.J . ~A & .~~."1~. . .t:;JuA WL.~:Ud /~~~. ~~aM-('~~~~~. 4<nne. ~ oA ~. ~ · Uh.t!~ ~ ~~ . '!~/O?-~v~ -~.-k~.v.,~~~.d~- ~~._~ ~kscoll~u. ~o'L~~~~A~~d ~::'v~'~ ~~~~ ~ v~ 'llo ~ _~~ IPwvo..-~ .~ Fa. ~ }JLVlA~ -, j /.Sa.'" c:la. ~ . . 'vvud. -5"',.1. v~ 9..L. ... . f } !/f4;tvS!:~. ;VID ? Lo--S ('0 r . (/ 4f. -. .. 5"fl5 dJ11C! fmJYld{:l.o ;:,.~ :;';;: ~f JO, .-~-'>l'I tiM, Jkc3-4'-'-7- 5''J~ (/~S~ ,wplfif!);o~. S/, l'IR-j/~ 50"- -V~ #A- jrl\o.<jou./ :dt~J!!if r ;yJ...-:--. S1-1 /1''''"-<<. P 2-5 ~ ~~'I~'*" "",,, 0> ~l' :~::s 'I. ' ""':::l , :I: U ATTACHMENT 3 SAFETY COMMISSION ITEM Item 7 Meeting Date 4/12/07 ITEM TITLE: Request for Time-Limited Parking along the 500 block of Vance Street SUBMITTED BY: Principal Civil Engineer ~ Staff received a petition, signed by the residents of V ance Street, complaining that there is insufficient on-street parking along Vance Street and requesting time-limited parking on this street. The residents claim that the patrons of nearby businesses are utilizing on-street parking for long periods oftline along the frontage of their properties, making it difficult to park near their homes. As a result, the residents have requested that a time-limited parking zone be established on Vance Street in order to discourage long term commercial parking within the residential area. RECOMMENDATION: That the Safety Commission concur with staff s recommendation that City Council adopt a resolution establishing 2-hour time-limited parking along the residential frontage of the 500 block of V ance Street and amending Schedule VI of the register maintained in the Office of the City Engineer DISCUSSION: On January 26,2007, staff received a letter signed by the residents of Vance Street, requesting time- limited parking on Vance Street. In the past, residents along Vance Street have called City staff to voice their concern regarding the on-street parking situation along the 500 block of Vance Street. Residents claim that there is seldom any available parking along Vance Street because customers of nearby businesses located on Broadway are utilizing these on-street parking spaces for overflow parking. Their request for the time-limited parking zone is to discourage the customers of these businesses from parking their vehicles on Vance Street in front of the single-family homes. Vance Street, between Broadway and Smith Avenue, is 36'wide curb-to-curb and is 600' in length (approximately 1110 mile long), with parking allowed on both sides of the street. Businesses such as Merkle's Deli and the Village Card Room are located towards the western end of Vance Street on Broadway. Vista Square Elementary School is located at the eastern end of Vance Street at the intersection of Smith Avenue. The land use along Vance Street is predominantly single-family residential. There are approximately 36 undesignated parallel parking spaces along this street. Upon receiving the request, staff performed field investigations and a parking study on Vance Street between Broadway and Smith A venue. The purpose of the parking study was to determine how much of the parking in this area was being utilized and the amount of time that specific vehicles remained parked along this street. The parking study was initiated at 9:00 a.m. on March 20, 2007 and was concluded at 6:30 a.m. on March 21, 2007. Data regarding the number of cars parked along Vance Street was collected in 2-hour intervals between 9:00 a.m. and 6:00 p.m., with a final field visit the following morning to get a sense of the overnight parking situation J:\Engineer\Traffic\Safety Comm\200S-06\Oleander Parking. doc 2 - 7 Page 2, Item 7 Meeting Date 4/12/07 In accordance with California Vehicle Code Section 22507, local authorities may, by ordinance or resolution, prohibit or restrict the stopping, standing or parking of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day. The ordinance or resolution, as described by the Vehicle Code, may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution. In accordance with City policy, residents requesting such permits must apply in person at the Engineering Counter in the Public Services Building at 276 Fourth Avenue, Chula Vista, CA 91910. Theymustprovideproofofresidence"" at an affected address, proof of ownership of the vehicle for which the permit is to be issued, and positive identification such as a California driver license. Per this City policy, a maximum number of two permits per residence will be issued to the residents. In the past, the City has established similar parking permit areas such as the 400 block ofW oodlawn A venue that was established in early 2003, the 300 block of"]" Street that was established in early 2000, and in several locations within the Downtown Business District. Analysis of the field data shows that, in general, the demand for parking is heavy during the day and that there are only a few on-street parking spaces are available overnight. The study indicates that, of the 36 on-street parking spaces in the area, 40% of the vehicles remained parked in the same location during the entire study period (suggesting the vehicles belong to residents along Vance Street), 50% were parked longer than 10 hours (suggesting that the vehicles belong to either the residents or visitors along Vance Street, or customers of the Village Card Room), and 10 % were parked there for no more than 2 hours. During the study, the Village Card Room on-site parking was observed to be at or near capacity. There were 13 available parking spaces along Vance Street at 6:30 a.m. the morning of March 21, mostly towards the western end of V ance Street near the intersection of Broadway. For the purpose of this analysis, staffhas divided Vance Street into three zones. Zone 1 is the eastemresidential portion of Vance Street, Zone 2 is the middle residential portion, and Zone 3 is the westem predominantly business portion of Vance Street (see attachment). Based on the above field studies and analysis, staff concluded that a considerable percentage of parked vehicles may belong to the customers of the nearby businesses and that based on this information, staff believes the request made by the residents of Vance Street has merit. Staff believes that time-limited parking in the area will help to discourage long-term commercial parking within the residential area. The proposed 2-hour parking would be placed on both sides of the street along the residential frontage of V ance Street between Broadway and Smith A venue (see attachment). It should also be noted that, in addition to enforcing the 2-hour parking limitation, the Police Department would also enforce the citywide 72-hour parking limitation. Residents exempt from the 2-hour parking limitation would not be exempt from the 72-hour limitation and therefore, they could not leave their vehicles parked on the street for more than 72 hours without having their vehicles subject to being towed away (at the owner's expense) as abandoned vehicles. Staff recommends that City Council adopt a resolution to add the 500 block of V ance Street to Schedule VI, which is maintained by the Office of the City Engineer, thereby authorizing the installation of2- hour time-limited parking as listed in the following table, and that permits be issued for residents on these streets to exempt them from the prohibition or restriction of the resolution. J :\Engineer\ TRA.FFlC\SAFETY ('OMM IS~err&007\2007 -04\ Vance_Limited Parking\ Vance_limited parkin&.-hsb.doc Page 3, Item 7 Meeting Date 4/12/07 10.52.330 Schedule JII- Parkin[! - Time-limited on Certain Streets Name of Street Beginning At Ending At Side Duration Vance Street Smith Avenue Broadway North & South 2 Hour Pursuant to Chula Vista Municipal Code - Section 10.04.030, should the Safety Commission concur.. with staffs recommendation, the request for time-limited parking will be deferred to the City Council for final adoption. FISCAL IMPACT: The estimated cost for the installation of time-limited parking signs is approximately $ 1,000, and can be accommodated by the Public Works operating budget. Attachments: Location Map and proposed signs locations Copy of request letter Parking Study CYMC Section 10.52.330 PowerPoint Presentation J :\Engineer\TRAFFIC\SAFETY ('OMM Isilt1r92007\2007..04\ Vance_l.lrnited Parklng\ Vancc_limiU:d parkin&.. hsb.doc Time ZONE 1 Parked Cars In Zone 1 ZONE 2 Parked Cars In Zone 2 ZONE 3 Parked Cars In Zone 3 TOTAL Vance Street Parking Study shaded area show spaces in use March 21, 2007 6AM 11 7 5 23 J ~ '""' ~ e ~Q =~ >'t:l ~ - -= cq HU -\---- ~! ~1.i5>';' ~l ' 6~ ' J: Uj .,o~r1I'~~ ----------- -\ \ "",,:,...,-, ,;, . -,.,.,. " 2-11 10.52.330 Parking - Time limited on certain streets - Driver obedience required. Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to park a vehicle for longer than the time specified upon a parking control device regulating such parking on any street upon which such a parking control device regulating such parking has been installed by the city engineer by regulation adopted pursuant to CVMC 10.04.030, except in accordance with the directions of the parking control device. The city engineer shall maintain within a register a Schedule VI which lists the streets or portions thereof upon which the restrictions and prohibitions of this section are in effect. (Ord. 2670, 1996; Ord. 973 3 1, 1966; prior code 3 19.11.6). 2-12 MINUTES OF A REGULAR MEETING OF THE CHULA VISTA (TRAFFIC) SAFETY COMMISSION April 12, 2007 6:00 D.m. Community Room Chula Vista Police DeDartment HeadQuarters CALL TO ORDER Meeting called to order at 6:00 p.m. 1. RollCall: Present: Chair Perrett; Vice-Chair Liken; Commissioners Rosario, Moriarty, and Cochrane Absent: Commissioner Lopez Also present: Senior Civil Engineer, Jim Newton Officer Ryan Mullen Recording Secretary, Lindsey Walters 2. PledQe of AlleQiance/Silent Praver 3. ODeninQ Statement Opening statement read by Chair Perrett. 4. ADDroval of Minutes: March 8, 2007 MSC (Moriarty/Navarro) to approve the minutes from March 8, 2007 (5-0-1-1) Lopez absent; Rosario abstains. Note: Commissioner Navarro announced that he would need to leave for another Commission meeting at 7:00 pm. 5. Safety Commission Attendance ReDort Presented, however Commissioner Rosario contested the notation for February 2007, saying he recalled being present for that meeting. The Recording Secretary assured the Commission she would check on it and bring a revised Report back next month. 6. Oral Communications None. MEETING AGENDA 7. ReDort on ReQuest for Time-Limited ParkinQ alonQ the 500 block of Vance Street Brief presentation given by Senior Civil Engineer Newton. Staff received a petition, signed by the residents of Vance Street, complaining that there is insufficient on street parking along Vance Street and requesting time-limited parking on this street. The residents claim that the patrons of nearby businesses are utilizing on-street parking for long periods of time along the frontage of their properties, making it difficult to park near their homes. As a result, the residents have requested that a time-limited parking zone be established on Vance Street in order to discourage long term commercial parking within the residential area. Staff Recommendation: That the Safety Commission concur with staff's recommendation that City Council adopt a resolution establishing 2-hour time-limited parking along the residential frontage of the 500 block of Vance Street and amending Schedule VI of the register maintained in the Office of &NOFFICIAL MINUTES Safe,y Commission Minutes ADri112. 2007 PaQe 2 the City Engineer Commission Discussion: Commissioner Moriarty asked whether there was a time limit on the parking for residents. Senior Civil Engineer Newton said there was not, although no car in San Diego County can be parked in one place for more than 72 hours. Commissioner Cochrane inquired as to why the residents are parking on the street, since they each have driveways. Senior Civii Engineer Newton explained that there are just more cars that can be handied in each individual driveway and garage, including visitors and such. The biggest problem we have in doing parking studies is trying to figure out whom the cars belong to, whether they are residents or patrons of the card room or deli. The Engineering Department is not allowed to contact the DMV and match up plate numbers to see what category they fall into. Putting a survey under the windshield of said cars is one idea that has been tossed around, but other Cities that have tried it have not had much success in getting a response. Commissioner Cochrane brought up the option of having license plate numbers printed on the resident's parking placards to discourage trading around between residents and their visitors. Senior Civii Engineer Newton said he had not looked into that, as of yet, but it would require a change in City policy. Commissioner Navarro was concerned about any action that would negatively impact the business owners, and asked if any studies had been done whether this would impact the businesses negativeiy. Senior Civil Engineer Newton cited one study that we could have referred to is in offsite filing storage and was not able to be obtained in time for this meeting. Vice-Chair Liken inquired whether staff had noticed businesses and residents about this meeting, to which Senior Civil Engineer Newton responded that we noticed in the typical way, with signs in the area in question. Commissioner Rosario asked whether staff received any letters or phone calls, and the response was that none were received beyond the initial request. Public Hearing Opened. 1. Maile Bridge, Manager of Village Club, Sister of Owner a. The Village Club is doing everything they can to alleviate this problem. They have two lots, including the one in the back, which employees are asked to park in. Negotiations are also in progress to share Merkl's Parking Lot during hours when they are not open. Public Hearing Closed. Commission Discussion: Commissioner Moriarty highly recommended getting further input from the residents, and would feel more comfortable taking action with their input. Vice-Chair Liken felt that this item had such a history, and the probiem had not been alleviated up until now. Commissioner Navarro said in addition to the residents, he wouid also like to hear more from the business owners on how this will impact them. Commissioner Cochrane asked how many businesses we were referring to, to which Senior Civil Engineer Newton responded that it was Merkl's, the Village Club, and a chiropractic office. Commissioner Cochrane felt that we should move ahead and approve staffs recommendation, since one business owner did speak at the meeting tonight, and he can't imagine Merkl's having folks parked there for 6-8 hours. MSC (Perrett/Cochrane) to concur with staffs recommendation (4-2-0-1). Lopez absent; Moriarty, Navarro against. lifHOFFICIAL MINUTES ORDINANCE NO. ORDINANCE ESTABLISHING A TWO-HOUR PARKING LIMIT ALONG THE SOO BLOCK OF VANCE STREET AND UPDATING SCHEDULES VI AND XVI OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS TIME-LIMITED PARKING ZONE. WHEREAS. pursuant to authority under the Chula Vista Municipal Code, the City Engineer had determined that a two-hour parking limit shall be established on the 500 block of Vance Street in accordance with City Municipal Code Section 10.52.330 and 10.86.010; and WHEREAS, there is seldom any available parking along Vance Street potentially due to customers of nearby businesses located on Broadway utilizing these on-street parking spaces; and WHEREAS, Vance Street residents have requested that City install signs, adjacent to the residential portion of the 500 block of Vance Street, to limit parking for a maximum period of two hours and, per the Municipal Code, give the residents of this block of Vance Street the option to acquire an on-street parking permit from the City allowing residents to park longer than two hours; and WHEREAS, the Safety Commission has concurred with staff recommendation to install these time-limited parking signs; and WHEREAS, this recommendation and other information in the City Engineer's report has been fully considered by the City Council; NOW. THEREFORE, the City Council of the City ofChula Vista ordains as follows: SECTION I: That a two-hour parking limit along the 500 block of Vance Street is established. SECTION II: That Schedule VI of the Register of Schedules maintained by the City Engineer as provided in Section J 0.52.330 of the Chula Vista Municipal Code, "Parking - Time Limited on Certain Streets," and Schedule XVI as provided in Section 10.86.010 "Permit Parking on Certain Residential Streets with Time Limited Parking" are amended to include the following information: 10.52.330 Schedule VI Parkinll Time-limited on Certain Streets AND 10.86.010 Schedule XVI- Permit Parkinll on Certain Residential Streets with Time Limited Parkin!! Name of Street Beginning At Ending At Side Duration Vance Street Smith Avenue Broadway North & South 2 Hour 2-15 SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by ..~ il) /~ Ann Moore City Attorney Scott Tulloch City Engineer H:\ENGINEER\OrdinanceS\Ord2001\5-22_07\Ordinancc_tVancc Sl) Parking Revised ec.doc 2-16 CITY COUNCIL AGENDA STATEMENT ~f:. CITY OF - - - CHULA VISTA 5/22/07 Item3- ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING JUNE 15, 2007 AS THE DATE BY WHICH PROPERTY OWNERS WITHIN UNDERGROUND DISTRICT NO. 133 ALONG FOURTH AVENUE FROM L STREET TO ORANGE AVENUE SHALL BE READY TO RECEIVE UNDERGROUND UTILITY SERVICE, SETTING DECEMBER 31, 2008 AS THE APPROXIMATE DATE BY WHICH POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD FACILITIES ARE REMOVED WITHIN THE DISTRICT, AUTHORIZING THE INCREASE OF UTILITY ALLOCATION FUNDS TO APPROXIMATEL Y $2,967,000, AND AUTHORIZING PRIVATE UTILITY CONNECTIONS TO BE CONSTRUCTED AS PART OF THE DISTRICT. --.- CITY ENGINEER 7- ) INTERIM CITY MANAGER 11 SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO 0 BACKGROUND On January 22, 2002 the City Council held a public hearing and approved Resolution No. 2002-020 establishing Utility Underground District No. 133 along Fourth Avenue from L Street to Orange Avenue. The resolution also authorized the expenditure of utility allocation funds to subsidize private service lateral conversion. The subsequent adoption of Public Utilities Commission Rule 20.A.3 allows the construction of private service laterals to be included as part of the undergrounding project. Section 15.32.150 of the Chula Vista Municipal Code states that the Council shall by subsequent resolution fix the times within which properties within a utility underground district must be ready to receive underground service and poles, overhead wires and associated overhead facilities. 3-1 OS/22/07, Item 3 Page 2 of 4 ENVIRONMENTAL REVIEW The Enviromnental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class I categorical exemption pursuant to Section 15301(b) (Existing facilities used to provide electrical power) of the State CEQA Guidelines because the project only involves undergrounding of existing utilities. Thus, no further enviromnental review is necessary. RECOMMENDATION That Council approve the resolution to: 1. Set June 15,2007 as the date by which property owners within the Fourth Avenue Underground District from L Street to Orange Avenue shall be ready to receive underground utility service; 2. Set December 31, 2008 as the approximate date by which poles and other associated overhead structures shall be removed within the district; 3. Increase the authorization of Utility Allocation Funds to approximately $2,967,000; and 4. Authorize the private utility connections to be constructed as part of the District. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On December 17, 2001 the City Council approved Resolution 2001-445 declaring the City's intention to underground overhead utilities along Fourth Avenue from L Street to Orange Avenue and setting a public hearing for the formation of Utility Underground District Number 133 for January 22, 2002. A total of 67 affected property owners were identified. Subsequently, notices of the public hearing were sent to these property owners, as well as residents and other property owners in the vicinity of the project. The public hearing was conducted on January 22,2002 and Council adopted Resolution 2002- 020 establishing Underground Utility District No. 133 along Fourth Avenue, from L Street to Orange A venue, and authorizing the expenditure of utility allocation funds to subsidize private laterals (Attachment A). In that resolution, staff anticipated that the cost of undergrounding the utilities for this District would be approximately $1,150,000. On November 22,2005 staff presented to Council a report on utility undergrounding program funding and priorities (Attachment B). In that report, revised estimates were provided for previously formed Underground Districts on Fourth Avenue, L Street and J Street. The cost estimate of the Fourth Avenue District was revised to $2,967,000, which remains the approximate current cost. Council accepted this report. At the time that Resolution 2002-020 was adopted, it was not yet known whether the San Diego Gas and Electric (SDG&E) North Otay Substation, located in the 900 block of F ourth Avenue, could be included in the undergronnd district. It has since been determined that the inclusion of this facility would be feasible. Although some 3-2 OS/22/07, Item .3 Page 3 of 4 equipment will still remam at the site, the poles and associated wires will be undergrounded. At the time that this District was established, it was anticipated that private lateral conversions would be financed in accordance with the City's Policy 585-01, as revised July II, 2000 (Attachment C). This policy provides that the property owners within an underground district hire their own contractors to underground their private laterals. After the completed connections passed the City's inspection, the City would reimburse the property owners $35 per linear foot, plus $300 to $400 for a service panel conversion. The California Public Utility Commission (PUC) subsequently adopted Rule 20A3, effective July 25, 2002, which makes it possible for SDG&E to include private utility connections as part of their undergrounding contract. The construction cost is not expected to significantly differ from the cost based on Policy 585-01. However, under this policy City staff has been required to wait as long as a year for the property owners to underground their portions of the utility lines. This may increase project costs due to inflation. Additionally, significant staff costs associated with inspections and following up with non- compliant property owners are saved. Staff has therefore directed SDG&E to include these laterals in their design and construction contract. The only utility laterals that cannot be included in the SDG&E contract are those where there is a communications-only connection. There is only one property in this district that receives communications-only service from Fourth A venue and electrical service from a different direction, and that is 1323 Fourth Avenue. Staff has received a preliminary estimate of approximately $3,000 to construct the service lateral for this property. Due to the low cost for this work, staff is proposing to include this work as part of the City's Capital Improvement Program (CIP) project for improvements in the project area, Fourth Avenue (L Street to Orange Avenue) Sidewalk Improvements (STL291). The only action that needs to be taken by property owners prior to construction of the service laterals is signature and submittal of a Permit to Enter that would allow SDG&E and its agents to enter the property for trenching and installing underground utilities and appurtenances. In December 2006 staff mailed out 49 copies of a cover letter and Permit to Enter in English and Spanish to property owners identified on the design plans as having electric service laterals connected to the F ourth Avenue line to be undergrounded. Property owners were directed to send the completed permit to the City in the stamped envelope provided. In February 2007 staff subsequently sent 25 letters by certified mail to property owners who did not respond to the first mailing. The property owners were then informed that if they failed to return a completed permit to the City they would either need to perform the trenching and panel work at their own expense or SDG&E would install a wooden pole on their property to carry their individual overhead utility lines. SDG&E estimates that they will begin construction of the underground utilities in June 2007. Therefore, all Permits to Enter must be completed and submitted by June 15, 2007. As of May 4, 2007, five property owners have not yet returned their completed permits to the City. Staff will make every feasible effort to contact and obtain signatures from these final five property owners. 3-3 OS/22/07, Item .3 Page 4 of4 Removal of the utility poles is the last action taken to complete the undergrounding process. The City's CIP project along Fourth Avenue, STL-291, includes installation of streetlights and sidewalks in the project area. Existing poles are generally not removed until the City's streetlight installation is complete. SDG&E has therefore provided an estimated date of December 31, 2008 for pole removal. A more definite date for pole removal should be available after the City's construction contract for STL-291 is awarded. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Councilmember Rudy Ramirez has property holdings within 500 feet of the boundaries of the properties which are the subject of this action. FISCAL IMPACT Passage of this resolution will not impact the City's General Fund. It will result in utilizing the City's allocated 20A utility undergrounding funds in accordance with previously established priorities presented to and accepted by Council on November 22, 2005. ATTACHMENTS 1. Resolution 2002-020 2. November 22,2005 Staff Report on Utility Undergrounding Program and Priorities 3. Council Policy No. 585-01 Prepared by: Elizabeth Chopp. Senior Civil Engineer. Engineering Dept. File #KY078 3-4 ATTACHMENT RESOLUTION NO. 2002-020 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISmNG UNDERGROUND UTILITY DISTRICT NO. 133 ALONG FOURTH AVENUE, FROM "L" STREET TO ORANGE A VENUE, AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION WHEREAS, by Resolution No. 2001-445, a public hearing was called for 6:00 p.m. on Tuesday, the 22nd day of January, 2002, in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service within that certain area of the City more particularly described as follows: All that property lying along Fourth Avenue from "L" Street to Orange Avenue and enclosed within the boundary as shown on the plat attached hereto as Attachment "An of subject Underground Utility District. WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll, and to the utility companies concerned in the manner and for the time required by law, and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby fmds and determines that the public health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar associated services, the above described area is hereby declared an Underground Utility District, and is designated as such in the City of Chula Vista. Attached hereto, marked Exhibit "A," and incorporated herein by reference is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council shall, by subsequent resolution, fix the date on which affected property owners must be ready to receive underground service, and does hereby. order the removal of aU poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service within said Underground Utility District. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify aU affected utilities and all persons owning real property within said Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. Said City Clerk shaU further notify said property owners of the necessity that, if they or any person occupying 3-5 Resolution 2002-020 Page 2 such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resolution provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California as of the date of adoption of this resolution. Such notification shall be made by mailing a copy of this resolution to affected property owners, as shown on the last equalized assessment roll and to the affected utility companies. BE IT FURTHER RESOLVED that the City Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reasons: 1. Fourth Avenue is a major north/south thoroughfare in the western portion ofChula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. The segment of Fourth Avenue is classified in the General Plan's Circulation Element as a Class I Collector street. 3. Undergrounding has been completed on Fourth Avenue from the north City limit to "H" Street, a distance of 1.25 miles. 4. Undergrounding construction work is currently in progress along Fourth Avenue, from "If' Street to "L" Street, a distance of one mile. 5. When completed, this undergrounding district will make the proposed district an extension of an undergrounded section 3.5 miles in length. BE IT FURTHER RESOLVED that the City Council does hereby authorize the use of approximately $1,150,000 in utility allocation funds to cover the cost of pole removal, undergrounding overhead facilities, and private property conversion reimbursements. Presented by Approved as to form by 9d-!~ Johdi>. Lippitt Public Works Director rMft!J;/ Jo . Kaheny . 0 y Attorney 3-6 Resolution 2002-020 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of January, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shir~~~ ATTEST: ~1..L 1\ 1 'J..3'q, J "'. Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CffiJLA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certif'y that the foregoing Resolution No. 2002-020 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 2200 day of January, 2002. Executed this 22nd day of January, 2002. - --,1, J 1J....<..~'r.J 0- Susan Bigelow, City Clerk 3 7 - '',-' <4 \-'i: ~~ d: ....~ ~00~ ~\w\~ ~~~ ~~\ ~ '- t:: ,~~j \~\-I-hm\ ' ~~~'<: ;;:~TI->~ d J--\------ ~:\]~ - ,--~ :::-:: y"W~'1:I~ tv \~.Q; ~-::' ~'\'-- ~P?-I...1!1 " \ ~ :0'(:: .- \ ~\~l~1 " - \-\~2@ M ~;:-j::1 \~ -._ ~ ;.-1~~\\' "\ ~ ~~. .--j-:: ~:; / Y,-- II ~, I ~ " · ~ 3 ~ _ __ ~'~ ~\\ KP V. /\ l.l' ~~2\I k-~ ~ ,W;: /-' ~ ~ -\';,\ ~~ \ ~ I 'r:: C\ '-~;\~ \ <-I-- ';- IA-ill:\ J; ~ I \~ '" ~.IJ-I v , h\\ /~///' ~.j\~~~). ~ ~\0 .~" ~Il - \: / ~[..-{~~. .. ~~:r \1 -""""~~ -- \'\~\jJ:, ~ . ~:-/// // /--~\ ~ ~ / 1-/ \ ~~~-~ ~__ \ C . v :'i= . \- ~!\. Or- -:__n '~ ~t\;::" ~, ,'0.-:'- ,r-' _ d r-.. -- }~ -l~-L] -~~~~'m1' ~ ~~~ . - . -- r- :,J/ '.- ~\-+--------, S8~fEm u-t~~\... UII /~ ~If'--II \Ff1/~\L-~j-~ _._ L ;LI[]" ~rf([l1 \~ \C\ I~~/ \r I{\ \,....--~ ~ k ~ 1 \\--\ t:i ~\\C.~ \1 ~-G . ~~, /'V District Boundary . Existing Poles c Proposed Poles ~ Parcels in Lk1derground District Utilities affected IE TCl... E: Electrical T: Telephone C: Cable LmUlY UNDERGROUND DISTRICT NO. 133 FOURTH AVE, L STTO ORANGE AVE BOUNDARY MAP EXHIBIT "A" ~{~ 0IYe> aUA VJSto\ .",""---_.... 3---8 ,. ..-- --- . ATTACHMENT 2- COUNCIL AGENDA STATEMENT Item /3 Meeting Date 11/22/05 ITEM TITLE: Staff Report on Utility Undergrounding Program Funding and Priorities City Engineer t*<' , City Manager;f~ Pf: (4/Sths Vote: Yes Noll) SUBMITTED BY: REVIEWED BY, In August 2005 an Information Item was presented to Council regarding the City's Utility Undergrounding Program, This item discussed the estimated costs for the Undergrounding Districts that have not yet been constructed and the ramifications of expediting the design and construction of L Street from Monserate Avenue to Nacion Avenue, This report provides more details on said project and the overall City Utility Undergrounding Program, Staff has subsequently met with representatives of the property owners in the L Street Undergrounding District, as well as the utility companies and is presenting the following report outlining currently proj ected schedules and costs involved for the recommended alternative, RECOMMENDATIONS: That Council accept the staff report, BOARDS/ COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: Backl!round The City's policy regarding the undergrounding of utilities is addressed in Chapter 1532 of the Municipal Code, All new developments in the City must have underground utilities, which shall include electrical, communications and cable television services, Such utilities can be undergrounded in existing areas with overhead utilities through formation of Utility Undergrounding Districts, A public hearing is held for all property owners within the boundary of the proposed district, which is then formed through the adoption of a Council resolution, San Diego Gas & Electric (SDG&E) generally takes the lead in the design and construction of undergrounding projects in developed areas, although SBC, Cox Communications and other cable companies are also involved, Actual design and construction activity is subject to SDG&E staffing and scheduling, The funding and execution of such U ndergrounding Districts must comply with Rule 20 of the California Public Utilities Commission, Rule 20A provides for the undergrounding of existing overhead electrical facilities at SDG&E's expense where both the City and SDG&E agree that it is in the general public interest Rule 20B provides for the undergrounding of existing electrical facilities at the expense of either a group of property owners or a municipality, Underl!round Conversion Prol!ram The City's Utility Underground Conversion Program was instituted in 1968, The Council approved subsequent Utility Undergrounding Programs in 1979, 1984 and 1991, Streets were selected for the o 3-9 Page 2, Item / j Meeting Date 11/22/05 Undergrounding Program in accordance with the City's rating system, which was originally approved by Council in November 1972 and revised in July 1979 (Attachment A). The streets in the 1991 program included Fourth Avenue, E Street, F Street, Palomar Street, Broadway, Main Street, L Street, Otay Lakes Road and J Street. An update to the Undergrounding Program was included as an Attachment to Ordinance 2746, which was adopted on September 15, 1998 (Attachment B). This did not revise the City's list of priorities, but presented a schedule for the completion of the priority projects. Since that date, the City has added one undergrounding project at Council's request, Quintard Street from Third Avenue to Orange A venue. This District was formed in November 2002 and construction has since been completed. The district formation process has been completed for all 15 projects included on the 1998 list (Attachment B) and construction has been completed on 9. As noted above, one additional project was completed at Council's request, bringing the totals to 16 identified projects, 10 completed to date. Target project dates shown in the 1998 list have been modified through the years due to competing priorities and in consideration of available funding. The following table reflects the proj ects remaining from the 1998 list that have been officially established as Utility Undergrounding Districts by Council with the most recent estimated construction dates and costs. Note that the three J Street projects have been combined into two larger projects. ~~~"~~~*-",""';"'r~~''f?~~~'" .,.~",-...... r.....,..~'II"'li;'.~-"it' .".......,....,..:-;::::)'1 .,_.....,(f'>Jl..~,. ~....--...~'I'W'" '!'I:W"'t""~.!/!;":."".:x:~li t'~.ifi-"l"'I'~'i.l!. ~"'"~- " '~'\~'<..;..:-r~;&'~,,;,,'\.-~t:t:4li ..tc~"i:'fr,~".--_" ". ,~"~--",,,""fj l11 1'\/ i'l.ilf:")i;:..; .rj ('1;1 iJ_"~~~ 11~5&:~-'j...,..-"tP h-l'~,'~~~~~lf""'~.-.s;"--t0,"...~.'~\,,,,,,~ - ,1=:'"" ~--l ~ .'.--.> , 'W'I.i_, ~il[f'~I'n'r ~._1"" ~..,-,~,,,, Ji.:.... ,.:.,~~,~ ~;;>;C'o,'t~'''~~~'_'''^'j,'~ '..' ...-~",. ,"~ "=':$'...('_" '".~_ ..._-. ""':'._~__ 4,-j:'","('\":__:;-"2 _ t"' ~~; ~':JY.l,,;:....,.j'"~,>~~ '~":.r";:^.. ~~f.;....,-,..,,, -., ,~,,]/:;:l~,~';/~r .! ,,~......<; "-"0',,.'-1. "'11"'- Ii'~'-cr~"'\-~~, , '"'=S:;t~W~ t:~",,~,:eifr.':..;,.: .l.~"'<i';:r.,'~. ,:..;!~''':,:".~,jJ);.,::"..1.,.:<.;~~\:.J.1.\~~~d:::l,J;...,,''::._'.1~-s:..,*~ Fourth Avenue from L Street to OranE:e Avenue 2007 $2,967,000 L Street from Monserate Avenue to Nacion Avenue 2007' $1,654,000 (includes Nolan Wav) L Street from Broadway to Third Avenue 2013 $2,009,000 J Street from Broadwav to Hilltop Drive 2014 $2,038,259 J Street from Hilltop Drive to Lori Lane 2015 $1,553,320 Total Estimated Cost (2005 Dollars) $10,221,579 The Fourth Avenue Undergrounding District construction is currently in progress. This project is being done in conjunction with STL-29 I , Fourth Avenue Sidewalk Improvements between L Street and Orange Avenue. SDG&E has completed the initial design for this project, and the 30 percent design has been provided to the utility companies for comments. The construction ofthis project is scheduled for completion by mid-2007. In addition to citywide undergrounding projects, the City entered into a Memorandum of Understanding (Mall) with SDG&E on October 12, 2004 that included agreements regarding the undergrounding ofthe Bayfront 138KV transmission lines. On November 9, 2004 Council approved two new ten-year franchise agreements with SDG&E for the provision of gas and electrical service. Both the MOU and the electrical franchise agreement affirmed the importance of undergrounding said transmission lines along the Bayfront as a major utility priority of the City. In the MOU, the t Although all construction work is scheduled for completion by the end of 2007, fimding will not be deducted from the 20A funds until 2008 as shown on Attachment"C. " ~ 3-10 Page 3, Item I:) Meeting Date 11/22/05 City agreed to designate its entire unspent 20A allocation for Bayfront undergrounding, in addition to half its $2 million annual allocation from 2004 to 2013. Approximately $6.7 million out of the City's allocation balance of$8.7 million (as of March 31, 2005) is set-aside for the BayfrontProject. 1t is currently estimated that the total Project cost will be approximately $17 million. As further discussed in the MOU, the City may borrow ahead a maximum of$lO million (5-year allocation) interest-free to finance the Bayfront Undergrounding Project. Due to the structure of the MOU, the Bayfront project is tracked separately from citywide projects. Attachment C provides a detailed breakdown of the funding projections. Current Issues and Recommended Action Plan Residents within the boundary of the proposed district on L Street from Monserate to Nacion have requested that the City expedite the undergrounding of their utilities. Staffhas investigated several options and recommends that the next two Undergrounding Districts be completed in the following order to fulfill commitments made to residents: 1. Complete the construction of the Fourth Avenue Undergrounding District 2. Design/construct L Street District from Monserate Avenue to Nacion Avenue This recommended action plan would expedite construction of the L Street District between Monserate Avenue and Nacion Avenue without disrupting the construction of the Fourth Avenue Project and disappointing the property owners along Fourth Avenue who have already been notified of the construction schedule for this project. 1t is important to note that this L Street project also includes Nolan Way. The schedule for each project is dependent on SDG&E's workload and the amount of 20A funds that are available each year. After discussions with SDG&E and the other utilities representatives, staff concluded that the L Street District, between Monserate and Nacion Avenues can be designed in 2006 and completed in 2007. Two representatives of the property owners participated in said discussions with SDG&E and concurred with the recommended schedule. Next SteDs Staff has met with a group of property owners from Alpine and Minot Avenues who have requested that their streets be included on a priority list for utility undergrounding. It does not appear that their neighborhood would have a high ranking based on the City's existing criteria and the Rule 20A regulations, which give priority to streets with heavy volumes of traffic, a heavy concentration of overhead electrical facilities or location in civic or recreational areas. Staff is currently working with these property owners in an attempt to address their main concern, which involves pavement rehabilitation. However, given this neighborhood request, continuing competing priorities and the fact that the project priority list has not been updated since 1998, it is recommended that staffretum to Council in 2006 so that Council can have the opportunity to: 1. Consider the current big picture regarding remaining overhead utilities; 2. Discuss funding options; 3. Revisit the rating criteria in consideration of current Council priorities; and, ~ 3-11 Page 4, Item 13 Meeting Date 11/22/05 4. Create an updated citywide priority list for utility undergrounding projects. FISCAL IMPACT: Selection of the recommended action plan will not have any fiscal impact on the City. . Attachments: A. Rating System for Undergrounding of Utilities B. Utility Undergrounding Table included as part of Ordinance 2746 C. Utility Undergrounding Program Funding Projections J:\EngineerlAGENDAICAS2005\11-22-05\Utility UndergroundinglUtility Undergrounding Report.DOC 2JA' 3-12 AnACHMENT A June 20, 1979 oj Sheet 1 of 3 Sheets RATING SYSTEM FOR uNDERGROUNDING OF UTILITIES TRANSMISSION AND DISTRIBUTION FACILlTIES PROJECTS A. EXPOSURE 1. Traffic Assign one point for cvery 2,000 AnT. Use estimated post-<:onstruction ADT for projects under construction, or financed and scheduled for construction within two years. . MAXIMUM POINT VALUE - lS1>oints " 2. Entrance to City Assign 5 points for segment approximately one-quartcr mile in length and terminating at a freeway interchange (either existing or under cqnstruction). FIXED POINT VALUE - 5 points (Total Ai plus A2 = a maximum of 20 points) B. AES'1.t:1.t.lIC BENEFIT 1. Assign a maximum of 10 points on the basis of the evaluating group's perception of the BENEFIT of undergrounding the segment. The points are to be assigned based on a comparative evaluation of the characteristics of the segment. Factors to be considered include but are not limited to: a. Number oC ,Signs b. Width of Street c. Number of Poles, height &. diameter d. Number of Crossarms e. Number of CiIcuits f. Height and Location of Existing Buildings (setbacks) g. Character of adjacent ProPerties (residential, commercial, etc.) h. Pre!ience of Street Trees MAXIMUM POINT VALUE - 10 points (continued on next page) ,;.4 3-13 PAGE 2 2. Parks and Public Buildings Assign points dependent upon size, aesthetic value, and location of park or public building relative to project area (Note: Normal points for principal park: or building frontage, 3 points; Side exposure, 1 point). MAXIMUM POINT VALUE. 5 points (Total Item Bl plus Item B2 - Maximum 15 points) C. RELATIONSHIP TO APPROVED UNDERGROUNDING DISTRICTIPREVIOUSLY UNDERGROUNDED F AC1l.II'IE.S 1. Assign 5 points to the project if it extends either an approved undergrounding district or a previously undergrounded facility. FIXED POINT VALUE. 5 points 2. Assign 10 points to the project if it is a closing link between any combination of approved undergrounding district(s) and/or previously undergrounded facilities. FIXED POINT VALUE - 10 points 3. Wh= the proposed project intersects either an approved undergrounding district or a previously undergrounded facility, assign one point to each leg (whether to the right or to the left). MAXIMUM POINT VALUE - 4 points 4. Assign a maximum of 5 points to' the project if there is either an approved undergrounding district, or previously undergrounded facilities exist along one side of the subject street segment. . , MAXIMUM POINT VALUE - 5 points (Total Item Cl plus Item C2 plus Item C3 plus Item C4 = a maximum 12 points) D. ASSOCIATED CONSTRUCTION Assign 15 points to a street segment scheduled for widening during the current or next fiscal year. FIXED POINT VALUE - 15 points (continued on next page) ;r 3-14 PAGE 3 E. PROPERTY OWNER FUNDING . Assign a maximum of 10 points where property owners fonnally agree to finance a significant share of undergrounding the distribution and/or transmission facilities. MAXIMUM POINT VALUE - 10 paints SB/A-113SIUNDRGRND.SMN 101591 , , ~ 3:..:.15 ATTACHMENT B Ordinance 2746 Page 10 CITY OF CHULA VISTA UTILITY UNDER GROUNDING PROGRAM UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED BY END OF 1999: STREET LIMiTS DISTRICT NUMBER "E" Street Broadway to T ovan Lane 123 Main Street Industrial Boulevard to Third Avenue 126 Otay Lakes Road Ridgebac:k to Apache Drive 129 Palomar Street I 6 to Industrial Boulevard 127 FUTURE UTILITY UNOERGROUNDING PROJECTS TO BE COMPLETED IN 2000: STREET LIMITS ESTIMATED COST Broadwav Me" Street to AE" StrBet $513,000 Fourth Avenue ~H" Street to "L"' Street $ 1 ,000,000 Orange Avenue Palomar Street to Fourth Avenue $440,000 TOTAL $1,953,000 FUTURE UTILITY UNDER GROUNDING PROJECTS TO BE COMPLETED IN 2001: STR EET LIMITS ESTIMA TED COST Otav Lll.kes Ra ad Bonita Road to Camino Del Cerro Grande $2,250,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2002: STREET LIMITS ESTIMATED COST Fourth Avenue ~L" Street to Orange Avenue $1,150,000 "L" Street Monsarate Avenue to Nacion Avenue $340,000 "L" Street Broll.dway to Third Avenue $ 700,000 TOTAL $2,190,000 FUTURE UTILITY UNDERGROUNOING PROJECTS TO BE COMPLETED IN 2003: STREET LIMITS ESTIMATED COsT Olay Lakes Road Camino Del Cerra Grande to Ridgaback Road $2,100,000 TOTAL $2,100,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2004: STREET LIMITS ESTIMA TED COST ,. J" Street East of Broadway to Third Avenue $700,000 ,. J" Street East of Nacion Avenuld to W'dst of Lori Lane $290,000 .. J" Street Third Avenue to First Avenue $475,000 78 3-16 TOTAL $1,455,000 ATTACHMENT C UTILITY UNDERGROUNDING PROGRAM FUNDING PROJECTIONS FUND ALLOCATION SUMMARY FOR BAYFRONT UNDERGROUNDlNG j-~'i;,;~*;~i~~~~!~~;lfJ:~l~~;i:;,bi, ,;~r~iOnt; :~~ilt.~~ "PiOIiCOSti' ':~::~_~'~i :'~;f~,:~1K~.Y_1#~~J! ~t:~':::lii ~,~ ""~I));'" j. M::~' '. ..,';: 'i:~Z~~: Unspent 20A Allocation 1 2/03 $4,737,049 $4,737,049 Allocation 2004-2007 2004.2007 $4,000,000 $8,737,049 Bayfront Undergrounding 2008 $1 ,000,000 $1 7,000,000 ($7,262,951 ) . Allocation 2009.201 2 $8,000,000 $737,049 Total , ,$17,737J149 $U.OOOOOO " . This funding needs will be met through the borrow-forward provision in the MOU. It is anticipated that the total amount borrowed in 2008 will be repaid by 2012, leaving approximately $737,049 for allocation to citywide utility undergrounding projects. FUND ALLOCATION SUMMARY FOR CITYWIDE PROJECTS DeScription A1locatron . Fund ' P~I!H;tCost Remaining Year Allocation 121105 $\ Funds Allocation 2004-2006 $3,000,000 $3,000,00 Fourth Ave. fl'Qffi L St. to Orange 2007 $1,OQ(),(l()O $2,96/',OQO $1,~,ooO AVe. L St. from Monserate Ave to Nacion 2008 $1,OOQrOOO $1,654,000 $379,000 (includes Nolan WiY) L St. from Broadway to Third Ave. 2013 $2,737,049 $2,009,000 $1,107,049 J St. from Broadway to Third Ave, 2014 $2,000,000 $2,038,259 $1,068,790 J St. from Hilltop Drive to Third Ave. 2015 $2,000,000 $1,553,320 $1,515,470 Total $11.737.049 $10.221,579 J:\EnglneeMGENDAICAS200S\ 11-01-05\Utillty UndergroondlnglAtlaclYnent C.rf1V,doc 1)A 3-17 ATTACHMENT --3- . SUBJECf: USE OF UTILITY FUNDS FOR UNDERGROUND CONVERSION OF PRIVATE SERVICE IATERALS COUNCIL POUCY CITY OF CHULA VISTA POUCY NUMBER 585-01 EFFECTIVE DATE 07/11/00 PAGE 100 ADOPTED BY: Resolution No. 11977 I DATED: 04/02/85 AMENDED BY: Resolution No. 16934 (12/15/92), Resolution No. 2000-233 (07/11/00) BACKGROUND . In 1982, the California Public Utilities Commission (CPUC) by Decision 82-01-18 gave the authority to the local agencies to request electric utilities to expand allocation funds for the conversion of electric lateral services for each customer in utility allocation funded undergrounding districts. On October 18, 1983, Pacific Telephone (now Pacific Bell) filed a change in tariff with the CPUC so that communications utilities would also be in conformance with Decision 82-01-18. Cox Cable TV (now Cox Communications), is not governed by the CPUC, but chooses to cooperate with the program by providing conduit and service wires up to 100 feet in length at no cost. Decision 82-01-18 provides the mechanism to reduce the property owner's cost for the conversion from the distribution line to the residence. This cost depends on the distance from the property line to the point of connection with the customer's wiring and varies from customer to customer. On December 6, 1999, the California Public Utilities Commission (CPUC) approved a revision to San Diego Gas & Electric's (SDG&E) Rule 20, "Replacement of Overhead with Underground Electric Facilities" , allocation funds. This revision of SDG&E Rule 20 gives the City the option to fund the conversion of the electric meter panel cost as part of the allocation costs. The CPUC decision permits the use of utility funds to provide up to 100 feet of the property owner's service lateral (trenching and underground conduit) and all or portion of the cost of modifications to the existing overhead electrical service panel and/or installation of "pull can". The net result is a reduction in cost that will benefit the individual property owner. Under the City Code it is the property owner's responsibility to provide and maintain the underground supporting structure needed on the property. PURPOSE To establish a policy for the use of utility funds for conversion of the customer's service laterals to encourage property owner acceptance for desirable conversion district projects. POUCY The City Council establishes the following policy for the use of utility funds for underground conversion of private service laterals: 1. General Provisions . Funding shall be limited to the following facilities which customer traditionally' supplies/installs: (1) Trenching and underground conduits from property line to point of connection. (2) Portion of electric service panel conversion and/or "pull can" installation. 3-18 ~D SUBJECf: USE OF UTII..qY FUNDS FOR UNDERGROUND CONVERSION OF PRIVATE SERVICE lATERALS COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER """I 585-01 PFECTIVE DATE 07/11100 PAGE 200 ADOPrED BY: Resolution No. 11977 I DATED: 04/02185 AMENDED BY: Resolution No. 16934 (12115192), Resolution No. 2000-233 (07/11/00) A. Funding shall be as follows: (1) Cost of the trenching and conduits within the trench not to exceed thirty-five dollars per linear foot ($35/LF) for the required length of trenching on the property up to a maximum of 100 feet. (2) Residential and commercial underground work requiring the installation of a service connection box, commonly called as "Pull Cans," and/or service panel conversion (installation of "Myers" adapter) of existing meter service panel will be reimbursed $300. Commercial and multi-family dwelling units (apartments and condominiums) with at least 200-ampere service panel will be reimbursed $400. ^] 2. Implementation Procedures """'I A. Underground Utility Advisory Committee (UUAC) members shall determine the length of service laterals (trenching and underground conduits) and electric panel conversion that is (1) eligible for utility funding for each property within the conversion district and (2) the length of conduit and wire that the appropriate utility company will provide free of charge. B. UUAC members shall agree on a "reasonable" cost per lineal foot of lateral conversion and electric panel conversion. This cost shall be reviewed and updated if necessary to compensate for the inflation rate. C. All property owners within the conversion district shall be informed of the estimated utility fund amount proposed for reimbursement prior to the public hearing on the conversion district formation. D. The City shall inform San Diego Gas & Electric (SDG&E) in writing as to the final amount of utility funds required for work on private property within 30 days of the established 'Customer Ready Date" as approved by the City Council. SDG&E shall deposit into the City account the requested funds within 30 days of the receipt of the City's written notice. ..>~ t:,;~~ E. The City shall pay the appropriate amount of reimbursement due each property owners when: """I (1) The customer has satisfactorily completed their service lateral conversion; 3-19 . SUBJECT: USE OF UTILITY FUNDS FOR UNDERGROUND CONVERSION OF PRIVATE SERVICE LATERALS COUNCILPOUCY CITY OF CHULA VISTA POllCY NUMBER 585-01 EFFECfIVE DATE 07111/00 PAGE 30f3 ADOPfED BY: Resolution No. 11977 I DATED: 04/02185 AMENDED BY: Resolution No. 16934 (12115/92), Resolution No. 2000-233 (07/11/00) (2) the electric metering equipment has passed a City inspection certifying it ready to receive underground service; and (3) the property owner has submitted to the City a signed statement certifying to the cost of the service lateral conversion work to include the extent of the "Pull Can" andlor electric panel conversion work on the property. Copies of tbe contractor's invoice pertaining to the work performed and SDG&E' s "Electric Meter and Service Location" form sball be attached to the signed statement. F. Within 30 days after SDG&E's official notice to the City that all electric service conversions within the district have been completed, the City shall refund to SDG&E any monies not disbursed to the property owners. . NOTES: (1) The service laterals shall be defined as: trench, backfill, and any necessary conduit from the customer's property line to the underground sweep at the base of the customer' s termination facility. In those cases where the service conduit enters the customer's building, tbe service lateral will terminate at tbe point where the conduit enters the building. (2) For tbe purpose of this policy utility is defined as any company providing electric, telephone communications, cable television and data transmission services. . 3-20 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING JUNE 15, 2007 AS THE DATE BY WHICH PROPERTY OWNERS WITHIN UNDERGROUND DISTRICT NO. ]33 ALONG FOURTH AVENUE FROM L STREET TO ORANGE AVENUE SHALL BE READY TO RECEIVE UNDERGROUND UTILITY SERVICE, SETTING DECEMBER 31, 2008 AS THE APPROXIMATE DATE BY WHICH POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD FACILITIES ARE REMOVED WITHIN THE DISTRICT, AUTHORIZING THE INCREASE OF UTILITY ALLOCATION FUNDS TO APPROXIMATELY $2,967,000, AND AUTHORIZING PRIV ATE UTILITY CONNECTIONS TO BE CONSTRUCTED AS PART OFTHE DISTRICT. WHEREAS, on January 22,2002. the City Council, pursuant to Resolution No. 2002- 020. established Underground Utility District No. 133 along Fourth A venue from L Street to Orange Avenue and authorized the expenditure of approximately $1,150.000 in Utility Allocation Funds to cover the cost of pole removal. undergrounding overhead facilities, and private property conversion reimbursements; and WHEREAS, on November 22, 2005, Council accepted a report by staff on utility undergrounding program funding and priorities which revised the cost estimate for District 133 to S2,lJ67,OOO; and WHEREAS, pursuant to Section 15.32.150 of the Chula Vista Municipal Code, Coullcil shall. by resolution, set the date upon which propetty owners in an underground utility district must be ready to receive underground service and the date by which poles, overhead wires and associated overhead stmctures shall be removed. NOW, THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vista as follows: I. That it sets June 15,2007 as the date by which property owners within Underground District No. 133 along Fourth Avenue from L Street to Orange Avenue shall be ready to receive underground utility service. 2. That it sets December 31. 2008 as the approximate date by which poles, overhead wires and associated overhead structures within Underground District No. 133 along Fourth A venue from L Street to Orange A venue shall be removed. 3. That it authorizes the increase of Utility Allocation Funds to approximately $2,967,000. 4. That it authorizes private utility connections to be constructed as part of the District. 3-21 Presented by: Approved as to fon11 by: '-!~~ ) ..j7 ~. Ann Moore City Attorney Scott Tulloch City Engineer II :" 1-:\( iI N I:: [R',RESOS\R,;sus2(}()7\05-22-07\Foul"th A Willie lltility 1111dergruuIldillg revised by euloc 3-22 CITY COUNCIL AGENDA STATEMENT ~f::.. CITY OF -'l:..._~~ (HUlA VISTA May 22, 2007 ItemL ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $138,776 IN REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES AND THE CITY OF SAN DIEGO TO OFFSET OVERTIME AND SUPPORT COSTS IN THE FIRE DEPARTMENT FIRE CHIEFD A.f ~ CITY MANAGER ;' SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES X NO BACKGROUND The Fire Department has received reimbursements in the amount of $138,776 from the State Office of Emergency Services and the City of San Diego. Reimbursements were made for staff time related to Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements to assist in statewide firefighting efforts during the 2006 fire season and the rescue team that were deployed for Hurricane Ernesto. The department is requesting to appropriate these funds to offset overtime and operating capital costs. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 4-1 Date: 5/22/07 Item_~ Page 2 of2 RECOMMENDATION That Council adopt the resolution accepting reimbursements in the amount of $138,776 from the California State Office of Emergency Services and appropriating $106,663 to personnel services to offset overtime expenditures and $32,113 to operating capital costs. BOARDS/COMMISSION RECOMMENDATION N/A DISCUSSION Reimbursement claims were filed with the State Office of Emergency Services for expenses incurred as a result of the overtime that was paid for staff time related to Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements to assist in statewide firefighting efforts during the 2006 fire season. Reimbursement claims totaling $138,776 were filed with the State Office of Emergency Services for the hours that were spent by the Chula Vista Fire Department strike teams fighting the Day and Esperanza fires in 2006. A reimbursement claim for personnel expenses was also filed with the City of San Diego for the deployment of rescue personnel that was called to assist with rescue efforts related to Hurricane Ernesto. The funds received from these reimbursement claims will be appropriated to the Fire Department's personnel services budget and will be used to offset $106,663 of the fire department's overtime expenditures. The balance of the funds in the amount of $32,113 will be used to reimburse for operating capital costs. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has dermined that it is not site specific and consequently the SOO-foot rule found in California code of Regulations section I 8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT These reimbursements in the amount of $138,776 will be appropriated and used to offset the Fire Department's overtime expenses and operating capital costs. There is no negative impact to the General Fund. ATTACHMENTS N/A Prepared by: Pablo Quilantan, Administrative Services Manager, Fire Department 4-2 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $138,776 IN REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES AND THE CITY OF SAN DIEGO TO OFFSET OVERTIME AND SUPPORT COSTS IN THE FIRE DEPARTMENT WHEREAS, the Fire Department has received reimbursements in the amount of $138,776 from the State Office of Emergency Services and the City of San Diego; and, WHEREAS, reimbursements were made for staff time related to Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements to assist in statewide firefighting efforts during the 2006 fire season and the rescue team that were deployed for Hurricane Ernesto; and, WHEREAS, the Fire Department is requesting to appropriate these funds to offset overtime and operating capital costs; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby accept $138,776 in reimbursements from the State of California Office of Emergency Services and the City of San Diego to offset overtime and support costs, and amend the FY 2007 Fire Department budget by appropriating $106,663 to personnel services and $32,113 to operating capital. Presented by: Approved as to form by: ~-/~~ ;:0/<2 Douglas A. Perry Fire Chief ~~!ltfl f7 j I\nn Moore ;/' , r City Attorney H:/sharedlattomeylFire - State OES Reimbursement 4-3 CITY COUNCIL AGENDA STATEMENT ~l'f:.. CllY OF .~ (HULA VISTA May 22, 2007 Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FY07 EMERGENCY MANAGEMENT PERFORMANCE GRANTS (EMPG) FUNDS IN THE AMOUNT OF $30,729 AND DIRECTING STAFF TO INCLUDE SAID FUNDS AND CORRESPONDING MATCHING FUNDS IN THE AMOUNT OF $30,729 TO THE FEDERAL GRANTS FUND EMPG PROGRAM IN THE FY 2007-08 BUDGET FIRE CHlEF'9"~ ~ CITY MANAGER jl ITEM TITLE: 4/5THS VOTE: YES NO X BACKGROUND The County of San Diego Office of Emergency Services, who administers the Emergency Management Performance Grants Program (EMPG), has notified the Fire Department of the FY 2007 EMPG award in the amount of $30,729. The Department proposes to spend these funds to continue the development of the City's Pre-Incident Planning Project. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIvIty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council adopt the resolution accepting the FY 2007 EMPG Funds in the amount of $30,729 and include said funds and corresponding matching fund requirements in the amount of $30,729 to the personnel services budget in the FY 2007-08 Federal Grants ~-I Date: 5/22/07 Item 5 Page 2 00 Fund EMPG Program budget. These grant funds will be used for the continued development of the City's Pre-Incident Planning Project. BOARDS/COMMISSION RECOMMENDATION N/A DISCUSSION The County of San Diego Office of Emergency Services, who administers the Emergency Management Performance Grants Program (EMPG), has notified the Fire Department of the FY 2007 EMPG award in the amount of$30,729. The use ofEMPG Grants funds can be used to achieve various Homeland Security objectives. Included in these objectives are planning activities that ensure that state and local agencies are prepared to respond to all hazards including terrorist acts. In an effort to meet this objective and utilize the FY07 EMPG funds, the Fire Department is requesting to use the FY07 EMPG allocation to continue the development of the City's Pre-Incident Planning Project. A pre-incident planning program is vital to any modern fire department. During most emergencies there are multiple evolutions that must be carried out simultaneously and with a high degree of accuracy to ensure a positive outcome. Assessing how a structure is laid out, or whether there are special features and/or hazards, and what kind of fire protection features exist is very difficult and almost impossible to do accurately while the emergency is going on and especially during initial attack. Most successful emergency responders utilize pre- incident plans. A pre-incident planning system incorporates mapping, a central database, and training. The City of Chula Vista Fire Department initiated such a project in 2006 with the funding it received from State Homeland Security Grant Program (SHSGP) funds. The SHSGP funds provided the City with the ability to buy computer, mapping equipment and software in order to initiate the project. Work on mapping and system development was also initiated. However, due to time constraints resulting from the performance period, the Fire Department was not able to complete the project. Subsequently, work on this project has not progressed significantly due to the lack of funds. A budget request to fund this project was submitted during the FY07-08 budget process but this request was not approved due to the current budget constraints. Therefore, the Fire Department is proposing to use the allocation of FY07 EMPG funds to re-initiate work on this project and to work towards the goal of deploying the pre- planning information system to the Fire and Police departments. Preclncident Plans Project Budget Under the FY07 EMPG Program the City of ChuIa Vista is eligible to receive $30,729. The pre-incident plans project is a labor-intensive endeavor that requires many hours of data development, data input and testing. It is therefore being recommended that the EMPG funds be allocated to fund personnel services costs for overtime and hourly wages required in order to complete this project. Overtime expenses will be used for project oversight, coordination and the necessary field mapping of the City's high-risk sites that will be conducted by ChuIa Vista Fire Suppression staff. The Fire Department will derive an added benefit from this phase of the project, as Fire Suppression personnel will be enhancing their familiarity the high-risk sites identified as they walk these sites during S-J- Date: 5/22/07 Item S Page 3 00 the mapping process. Hourly wages to hire GIS interns to work on this project will also be required. The GIS interns will perform the mapping functions and assist with the more technical aspects of this project. The EMPG Program requires that the City provide a dollar for dollar or a 100% match cost in order to reimburse the $30,729 allocated FY07 EMPG amount. Therefore, the City must allocate an additional $30,729 of matching costs to fund overtime and hourly wages in order to meet the FY07 EMPG Program requirements. These matching funds will be included in the FY 2007-08 budget. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has dermined that it is not site specific and consequently the 500- foot rule found in California code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT The total amount of the FY 2007 EMPG award is $30,729. The matching requirement for this grant is $30,729. Approval of this recommendation will result in a total appropriation $60,458 to the Federal Grants Fund EMPG Program. These costs including corresponding matching costs will be included in the FY 2007-08 budget. ATTACHMENTS N/A Prepared by: Pablo Qui/anton, Administrative Services Manager, Fire Department $-3 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FY07 EMERGENCY MANAGEMENT PERFORMANCE GRANTS (EMPG) FUNDS IN THE AMOUNT OF $30,729 AND DIRECTING STAFF TO INCLUDE SAID FUNDS AND CORRESPONDING MATCHING FUNDS IN THE AMOUNT OF $30,729 TO THE FEDERAL GRANTS FUND EMPG PROGRAM IN THE FY 2007-08 BUDGET WHEREAS, the he County of San Diego Office of Emergency Services, who administers the Emergency Management Performance Grants Program (EMPG), has notified the Fire Department of the FY 2007 EMPG award; and, WHEREAS, the FY07 EMPG Award is for the amount of $30,729; and, WHEREAS, the FY07 EMPG Program requires a City funded local match in the amount of $30,729; and, WHEREAS, the EMPG Program is designed to assist state and local agencies to achieve various Homeland Security objectives to improve domestic terrorism preparedness; and, WHEREAS, the Fire Department is requesting to use the FY07 EMPG allocation to fund overtime and hourly wages costs in order to continue the development of the City's Pre-Incident Planning Project; and, WHEREAS, a budget request to fund the Pre-Incident Planning Project was submitted during the FY07 -08 budget process but the request was not approved due to the current budget constraints; and, WHEREAS, completion of the City's Pre-Incident Planning Project will benefit both the Fire and Police Departments as a both will have access to vital planning and mapping information in the event of a major incident at one of the City's high risk sites; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby accept $30,726 in FY 2007 Emergency Management Performance Grant Program (EMPG) funds and amend the FY 2007 Federal Grants Fund EMPG Program budget to appropriate $61,458 which includes a local match of $30,276 from the general fund. $-L( Presented by: Approved as to form by: Douglas A. Perry Fire Chief ~~.~ Moore 7v / City Attorney H:/shared/attomeylFire - EMPG FY 2007 $-S- CITY COUNCIL AGENDA STATEMENT May 22, 2007 Item ~ ITEM TITLE: SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FY06 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) FUNDS IN THE AMOUNT OF $104,600 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND SHSGPPROGRAM FIRE CHIEF])A f~ CITY MANAGER jl 4/5THS VOTE: YES X NO BACKGROUND The County of San Diego Office of Emergency Services, who administers the State Homeland Security Grant Program (SHSGP), has notified the Fire Department of the FY 2006 SHSGP award in the amount of $104,600. These funds to will be utilized by the Fire and Police Departments to purchase communications and computer equipment. The funds will also be utilized to conduct homeland security related training and planning activities. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council adopts the resolution accepting the FY 2006 State Homeland Security Grant Program (SHSGP) Funds in the amount of $104,600 and amending the FY 2007 Federal Grants Fund by appropriating said Federal funds in the amount of $22,078 to personnel services and $82,522 to the operating capital equipment expenditure category. 6-1 Date: 5/22/07 Item ~ Page 2 00 BOARDS/COMMISSION RECOMMENDA nON N/A DISCUSSION The County of San Diego Office of Emergency Services, who administers the State Homeland Security Grant Program (SHSGP), has notified the Fire Department of the FY 2006 SHSGP award in the amount of $104,600. In general, the SHSGP is designed to improve domestic terrorism preparedness of state and local governments by addressing equipment, training, exercises, and planning needs. The FY 2006 SHSGP funds will be utilized to purchase communications and computer equipment in the amount of $82,522 that will be used by the City's Fire and Police departments. SHSGP grant administrators have approved the plan for the purchase of this equipment. This spending plan was submitted in advance of funding approval in accordance with grant requirements. The specific equipment items to be purchased by the City's Fire and Police department's are as follows: . Communications Equipment - The Police department will purchase five encrypted police radios. The Police department's Special Investigative Unit (SIU) requested these radios. These encrypted radios will allow radio communications during sensitive SID activities and investigations (including homeland security activities) to be carried out without being intercepted by unauthorized persons. The Police department will also purchase an additional eight school radios. These radios are necessary in order to complete a configuration of thirty school radios that are required for communication between school staff and School Resource Officers during emergency situations. The other twenty-two radios have already been purchased with previous grant funds. . Computer Equipment - The Fire department will purchase five mobile data computers (MDCs). The MDCs provide computer driven wireless communications and data transmission capability to all frontline fire engines and ladder trucks. This wireless capability aids in improving calls for service delivery as Fire Suppression personnel are provided direct access to the Computer Aided Dispatch (CAD) system through the MDCs. This access capability allows Fire personnel to have direct communication with the CAD, and in addition to have pertinent emergency response information such as street addresses, maps, potential hazard, and operational information at a single electronic source. The Fire department will use the SHSGP funds to purchase the latest generation of MDCs that have greater capacity. This increased capacity will allow the Fire department to add more sophisticated computer applications such as the pre-plan incident-mapping project that is currently under development. When completed, this pre-plan incident mapping system will make available in computer data format, detailed incident pre-plans information, and mapping of all of the Cities major high risk sites. This system will be made available to Fire and Police personnel in an effort to enhance their calls for service response capability. 6-2 Date: 5/22/07 Item~ Page 3 of3 The FY 2006 SHSGP also allocates $22,078 for emergency training and exercises. These funds will be used to continue Emergency Operations Center (EOC) related training of city staff and related emergency planning activities. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has dermined that it is not site specific and consequently the 500- foot rule found in California code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT The total amount of the FY 2006 SHSGP award to be appropriated to the Federal Grants Fund SHSGP Program is $104,600. There are no matching funds required or General Fund impact. ATTACHMENTS N/A Prepared by: Pablo Qui/antan, Administrative Services Manager, Fire Department 6-3 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FY06 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) FUNDS IN THE AMOUNT OF $104,600 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUNDSHSGPPROGRAM WHEREAS, the County of San Diego Office of Emergency Services, who administers the State Homeland Security Grant Program (SHSGP), has notified the Fire Department of the FY 2006 SHSGP award; and, WHEREAS, the FY06 SHSGP award is for the amount of $1 04,600; and, WHEREAS, the SHSGP is designed to improve domestic terrorism preparedness of state and local governments by addressing equipment, training, exercises, and planning needs; and, WHEREAS, the FY 2006 SHSGP funds will be utilized to purchase communications and computer equipment in the amount of $82,522 that will be used by the City's Fire and Police Departments to better serve the community; and, WHEREAS, the FY 2006 SHSGP also allocates $22,078 for emergency training and exercises; and, WHEREAS, these funds will be used to continue Emergency Operations Center (EOC) related training of city staff and related emergency planning activities; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City ofChula Vista does hereby accept $104,600 in grant funds from the FY 2006 State Homeland Security Grant (SHSGP) Program and amend the FY 2007 Federal Grants Fund SHSGP Program by appropriating $82,522 to operating capital and $22,078 to personnel services. Presented by: Approved as to form by: ~.A t uglas A. Perry Fire Chief H:/sharedJattomey/Fire - SHSGP 6-4 CITY COUNCIL AGENDA STATEMENT 5/22/07, Hemi SUBMITTED BY: REVIEWED BY: RESOLUTION ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $2,086 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS DIRECTOROFGENERALSE~CES~~. INTERIM CITY MANAGER ,I 4/5THS VOTE: YES ~ NO D ITEM TITLE: BACKGROUND The Animal Care Facility (ACF) has received various donations from individuals and businesses in the amount of $2,086 from various donors from March through April 2007. The donations will be used to purchase medical and kennel supplies as needed to provide veterinary care. ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION Council adopt resolution accepting various donations in the amount of $2,086 to the Animal Care Facility and amend the FY07 General Services, Services & Supplies Animal Care Facility budget to appropriate said donated funds. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Animal Care Facility has received various donations totaling $2,086. The Animal Care Facility is committed to providing prompt and necessary veterinary care to animals, thus the funds will be used to purchase medical and kennel supplies for the Facility. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMP ACT There is no net impact to the General Fund. These purchases will be funded by the acceptance of said donated funds and appropriating it to the FY07 Services & Supplies ACF budget. ATTACHMENTS None. Prepared by: Merce LeClair, Sr. Management Analyst, General Services Dept. J:\General Services\GS Administration\Council Agenda\ACF\FY07\"7t:W1' Donations 110606 thru 022807.doc RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $2,086 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS WHEREAS, the Animal Care Facility has received various donations from individuals and businesses in the amount of $2,086 from March through April 2007; and WHEREAS, the donations will be used to purchase medical and kennel supplies as need to provide veterinary care; and NOW, THEREFORE BE IT RESOLVED that the City Council adopt the resolution accepting the donations in the amount of $2,086, and amending the FY 07 Services & Supplies Animal Care Facility budget and appropriate said donated funds. Presented by Jack Griffin Director of General Services 7-2 CITY COUNCIL AGENDA STATEMENT OS/22/2007 Item~ ITEM TITLE: RESOLUTION ACCEPTING $54,777 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM. _ D. ____ CHIEF OF POLICy CITY MANAGER Vi 4/5THS VOTE: YES X NO SUBMITTED BY: REVIEWED BY: BACKGROUND Law Enforcement Terrorism Prevention Program (LETPP), funded by tbe U.S. Department of Homeland Security, focuses upon the prevention of terrorist attacks and provides law enforcement and public safety communities witb funds to support tbe following activities: intelligence gatbering and information sharing through enhancing/establishing fusion centers; hardening high-value targets; planning strategically; continuing to build interoperable communications; and collaborating witb non-law enforcement partners, otber government agencies and tbe private sector. ENVIRONMENTAL REVIEW Not Applicable. RECOMMENDATION That Council adopts tbe resolution accepting $54,777 from the U.S. Department of Homeland Security for tbe Law Enforcement Terrorism Prevention Program and appropriating $5,455 for overtime costs and $49,322 for supplies and services to the Federal Grants Fund. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 8-1 OS/22/2007, Item <:6' Page 2 of2 DISCUSSION The County of San Diego Office of Emergency Services, who administers the Law Enforcement Terrorism Prevention Program (LETPP) for local agencies, has notified the Police Department of the FY 2006 LETPP award in the amount of $54,777. The Department proposes to spend $49,322 on eleven portable radios and $5,455 in training for Law Enforcement Tactical Engagement. Eight portable radios will be used by the Special Investigations Unit to allow encrypted radio communications during covert operations (including homeland security activities) and three portable radios will be assigned to the patrol unit, who serve as potential first responders during critical incidents. The equipment allocation will be expended this current fiscal year. The training allocation pays for two police personnel to attend training to become Hazardous Materials Specialists, which is a course offered by the Commission on Peace Officer Standards and Training (POST) and California Specialized Training Institute (CSTI). This training course is scheduled during the next fiscal year and these costs will be included in the FY 2007/2008 city-proposed budget. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(I) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $49,322 to the supplies and services category of the Federal Grants Fund (fund 272). The remaining funds in the amount of $5,455 will be included in the FY 2007/2008 city-proposed budget. The funding from the U.S. Department of Homeland Security will completely offset these costs. Therefore, there is no net fiscal impact to the City. ATTACHMENTS None. Prepared by: Edward Chew. Administrative Services Manager, Police Department 8-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $54,777 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM. WHEREAS, the County of San Diego Office of Emergency Services, who administers the Law Enforcement Terrorism Prevention Program for local agencies, has notified the Police Department of the FY 2006 award in the amount of $54,777; and WHEREAS, the Law Enforcement Terrorism Prevention Program is funded by the U.S. Department of Homeland Security and focuses on the prevention of terrorist attacks; and WHEREAS, the Police Department proposes to spend $49,322 on eleven portable radios and $5,455 in training for Law Enforcement Tactical Engagement; and WHEREAS, the funding from the U.S. Department of Homeland Security will completely offset these costs. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $54,777 from the U.S. Department of Homeland Security for the Law Enforcement Terrorism Prevention Program and appropriate $5,455 to the personnel category and $49,322 to the supplies and services category of the Federal Grants Fund. Approved as to form by: (}Mftlzv M/1I jrJ Y Ann Moore City Attorney Ri hard P. Emerson Police Chief 8-3 CITY COUNCIL AGENDA STATEMENT ~'Yf::. CITY OF _-:t- CHULA VISTA OS/2212007 Item ..5i- SUBMITTED BY: REVIEWED BY: RESOLUTION ACCEPTING $194,114 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIA~ GRANT PROGRAM. CHIEF OF POLIC~ CITY MANAGER 1/ 4/5THS VOTE: YES X NO ITEM TITLE: BACKGROUND Uban Area Security Initiative Grant Program (UASI) funds address the unique planning, equipment, training, and exercise needs of high threat, high density urban areas, and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. The FY 2006 UASI allocation to the City of Chula Vista is $194,114. The City has been receiving UASI grant allocations since FY 2003, which includes $420,189 in FY 2003, $290,383 in FY 2004, and $354,336 in FY 2005. ENVIRONMENTAL REVIEW Not Applicable. RECOMMENDATION That Council adopts the resolution accepting $194,114 from the U.S. Department of Homeland Security for the Urban Area Security Initiative Grant Program (UASI) and appropriating $151,568 for overtime costs and $42,546 for supplies and services to the Federal Grants Fund. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 9-1 OS/22/2007, Item 9 Page 2 of2 DISCUSSION The City of San Diego Office of Homeland Security, who administers the Urban Area Security Initiative Grant Program (UASI), has notified the City of its FY 2006 UASI allocation in the amount of$194,114, with $42,546 allocated for equipment and $151,568 for training. The equipment allocation will be used to purchase chemical resistant personal protective equipment for police officers, who are potential first responders during critical incidents. The equipment allocation will be expended this current fiscal year. The training allocation, which will be used in an overtime basis, will pay for PPE Level C annual recertification of police officers, fust responder officer training, and Hazmat and Incident Commander training for sworn supervisors. Training is scheduled to begin during the next fiscal year and these costs will be included in the FY 2007/2008 city- proposed budget. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $42,546 to the supplies and services category of the Federal Grants Fund (fund 272). The remaining funds in the amount of $151,568 will be included in the FY 2007/2008 city-proposed budget. The funding from the U.S. Department of Homeland Security will completely offset these costs. Therefore, there is no net fiscal impact to the City. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 9-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $194,114 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM. WHEREAS, the City of San Diego Office of Homeland Security, who administers the Urban Area Security Initiative Grant Program, has notified the City of its FY 2006 UASI allocation in the amount of $194,114; and WHEREAS, the Urban Area Security Initiative Grant Program funds address the unique planning, equipment, training, and exercise needs of high threat, high density urban areas, and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism; and WHEREAS, $42,546 will pay for personal protective equipment for first responders and $151,568 will be used to homeland security training; and WHEREAS, the funding from the U.S. Department of Homeland Security will completely offset these costs. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $194,114 from the U.S. Department of Homeland Security for the Urban Area Security Initiative Grant Program and appropriate $151,568 to the personnel category and $42,546 to the supplies and services category of the Federal Grants Fund. Approved as to form by: ichard P. Emerson Police Chief ~ fI//~ h An~ Moore tf . . . . City Attorney 9-3 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: 5/22/2007 Item~ RESOLUTION AUTHORIZING THE PREPARATION OF AN ENGINEER'S REPORT TO INITIATE THE PROPOSITION 218 BALLOT PROCESS TO CONSIDER INCREASING ASSESSMENTS FOR OPEN SPACE DISTRICTS (OSDS) 3, 7, 9, OSD 20 ZONES 2, 4, 7, OSD 23, AND EASTLAKE MAINTENANCE DISTRICT NO. 1 (ELMD NO.1) ZONES A AND D. SUBMITTED BY: RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NBS GOVERNMENT FINANCE GROUP, DBA NBS, FOR PROPOSITION 218 BALLOT SERVICES FOR CERTAIN OPEN SPACE DISTRICTS AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT. CITY ENGINEER --::> '/ ~. DIRECTOR OF PUBLIC WO~PERATIONS if INTERIM CITY MANAGER Jf REVIEWED BY: 4/5THS VOTE: YES D NO ~ BACKGROUND The City administers and maintains thirty-six (36) Open Space Districts and associated zones. City Council previously approved the development of an effort regarding potential Open Space District levy increases to maintain levels of service. Tonight, the Council will consider approving initiating a Proposition 218 balloting process for Open Space Districts that staff recommends as being necessary to provide the required levels of service. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it involves a ballot measure for potentially increasing the funding for existing activities in the Open Space Districts and does not involve any new activities, therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review IS necessary. 10-1 OS/22/2007, Item /!} Page 2 of8 RECOMMENDA nON That City Council adopt the Resolutions: I) Authorizing the preparation of an Engineer's Report to initiate the Proposition 218 ballot process to consider increasing assessments for Open Space Districts (OSDs) 3, 7, 9, OSD 20 Zones 2, 4, 7, OSD 23, and Eastlake Maintenance District No.1 (ELMD No.1) Zones A and D; and, 2) Approving an amendment to an agreement between the City of Chula Vista and NBS Government Finance Group for Proposition 218 ballot services for certain Open Space Districts and authorizing the Mayor to execute said amendment. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Open Space Maintenance Districts The City administers and maintains 24 Open Space Districts (OSD) that have been established over the last thirty years. Two of these Districts are further divided into individual zones, with Open Space District 20 consisting of nine zones, and Eastlake Maintenance District 1 consisting of five zones for a total of 14 individually administered and maintained zones within City Districts. Considered together, the City administers and maintains a total of 36 open space maintenance Districts/zones. For the purposes of this report, all future references to "Districts" shall be construed to include both Districts and individual zones within Districts. The OSDs provide a financing mechanism to maintain the public open space areas associated with each particular development where that special benefit is enjoyed by homeowner properties and where the desirability or value of the property is improved due to the improvements. Although these Districts were originally formed under the "1972 Landscaping and Lighting Act," the passage of Proposition 218 in 1996 imposed additional constraints and restrictions for any changes to these Districts. Prior to the passage of Proposition 218, at the direction of the City Council, the City required that those developments installing certain facilities within the public right-of-way be incorporated within new OSDs or annexed to an existing District. This requirement was exercised as a condition of approval for development entitlements. Subject facilities included landscaping within the public right-of-way; and installation of park, recreational, or open space improvements. Following the passage of Proposition 218, the Council modified this policy to require the formation of new, or annexation to existing, Community Facilities Districts under the Mello Roos Act of 1982. Each year, the City Council approves an Engineer's Report for each of the Districts. These annual reports allow the Council to view the history of the OSDs and consider budget and levy information for the upcoming fiscal year. The reports include information regarding: . The proposed budgets; . Funds remaining in the account; 10-2 OS/22/2007, Item /0 Page 3 0[8 . The proposed assessment--the maximum allowable assessment based upon pnor year assessment plus an inflation factor per the Municipal Code; . The collectible--the actual per Equivalent Dwelling Unit (EDU) amount to be assessed in order to provide sufficient funds for the following fiscal year's maintenance requirements. Services Provided In general, the facilities and items to be maintained by the OSDs consist of the following: 1 Irrigation 12. Pedestrian light maintenance 2. Trail maintenance 13. Removal of noxious plant materials 3 Fertilization 14. Signage within trails/canyons 4. Public walkway cleaning 15. Pruning of trees and shrubs 5 Aeritication 16. Replacement of dead or diseased plant material 6 Low flow and brow channel maintenance 17. Repair of irrigation equipment 7. Pest control 18. Irrigation equipment upgrades 8. Weed abatement 19. Brush clearance 9. Insect infestation control 20. Encroachment trims !O. Pond equipment and maintenance 21 Fencing maintenance 11 Removal of weeds, trash and litter Proposition 218 On November 5, 1996, Proposition 218 - the "Right to Vote on Taxes Act" was approved by a majority of voters in a general election and took effect on July 1, 1997. This proposition severely impacted the formation of OSDs by the "1972 Landscaping & Lighting Act." This impact stemmed from the requirement that the City must show that parcels to be assessed received a "special benefit." In addition, all future increases in the amount of the assessment require the approval by the property owners via a ballot procedure/majority protest proceeding. The only exception to this rule is the allowance for the application of an annual inflation formula, if approved by property owners during the formation of the District. This approach was adopted by the City, and is discussed in the "Assessments & Collectibles" section below. The passage of Proposition 218 added an additional layer to the procedural requirements of the majority protest provisions related to assessments. To disapprove an assessment, previous law required a majority protest of property owners owning more than 50% of the assessable area, but did not require an election. Proposition 218 requires that the agency mail a ballot to each property owner of record. Then, when the ballots are counted, the determination of majority protest is based on the number of voters actually submitting ballots. In addition, Proposition 218 removed the ability of the legislative body to override a majority protest. The specific requirements of a Proposition 218 ballot procedure are discussed later in this report. 10-3 OS/22/2007, Item 10 Page 4 of8 Assessments & Collectibles The City of Chula Vista Municipal Code makes a distinction between the assessment and the amount that the City may collect against the assessment (i.e., the collectible). The "assessment" amount represents the maximum allowable assessment that can be levied and primarily allows for the application of an inflationary factor. The "collectible" is the amount actually collected from property owners via the County of San Diego's ad valorem tax roll. Any collectible set at or below the assessment amount is not subject to a vote or a majority protest proceeding. Each year, the prior year's maximum assessment amount is adjusted by an inflation factor, pursuant to the Municipal Code. This inflation factor is based upon the lower of two separate, published inflation factors: the San Diego Metropolitan Consumer Price Index (CPI), and the Governor's California 4th Quarter per Capita Personal Income Index. The collectible amount authorized by Council each year is based on the District's projected budget, reserve status, special savings and fund balances, earned interest, and prior year's actual expenditures. Reserves While the City has often been able to identify savings from prior years to supplement collections, it is important to note that staff also strives to maintain at least a 50% reserve. The Municipal Code allows reserves between 50% and 100%. A minimum of 50% reserve is critical to provide the funds to pay for costs during the first six months of the fiscal year, before the collectibles are received from the first installment of the property tax bill, and also to mitigate for delinquencies and any emergency service requirements. Reserves in excess of 50% are used, in part, to maintain as stable a collectible as possible while retaining sufficient funds to offset future anticipated increases and to address maintenance emergencies. Operational efficiencies and reserves may also allow the City to return excess funds to property owners in the form of a lower collectible. The Need for a Levy Increase Each year, the City Council approves both the maximum assessment and collectible rates. Beginning with the development of the FY 2006 budget, staff reported concerns regarding projected revenue shortfalls in some of the Districts, which would require further analysis and monitoring. Unfortunately the trend has continued and service level reductions will be necessary unless an increase is made to the levies of nine of the 36 Districts/zones. On July 18, 2006, Resolution 2006-214 was approved by the City Council supporting the development of a public outreach and education effort related to levels of service and potential expansions of services for brush management efforts to enhance fire safety. Since that time, it has been determined that a comprehensive brush management effort is potentially much more expansive than what was previously contemplated and is now, therefore, being pursued as a separate endeavor. Since that time, a team consisting of representatives from Planning and Building (Environmental), Public Works and Engineering performed a comprehensive review of the service levels and resource requirements for the City's OSDs. As noted above, Proposition 218 limited the maximum assessment amount to the lesser of the two approved inflationary indexes. In FY 2003, the lesser index experienced a negative 3.01 10-4 OS/22/2007, Item / () Page 5 of 8 percent growth factor and then failed to keep pace with inflation in FY 2004 (1.5 percent allowance) and in FY 2005 (2.2 percent allowance). As a result, maximum assessment revenues failed to meet the approved and necessary expenditure budgets in several Districts. In some instances, reserves were sufficient and/or operational reductions were implemented to slow this trend. Unfortunately, several Districts have been unable to recover. The Districts with expenditure budgets that have exceeded and are projected to continue exceeding the maximum collectible are shown in the table below. These Districts represent nine of the total 36 Districts/zones administered and maintained by the City and include approximately 6,986 parcels. Attachment I shows the boundary maps of the subject OSDs. Table 1: Districts Recommended for Balloting OSD / Zone District Name EDUs District Location (FY2007) OSD 3 Rancho Robinhood Units I 127 South of Allen School Lane &2 OSD7 Zenith Units 2, 3, & 4 104 North & south of Palomar, east ofl-805 OSD9 EI Rancho Del Rev 384 Paseo del Rev, north ofTele~ranh Canvon Road OSD 20/ Zone 2 Rice Canyon Trail Area 3959 Trail area between Norfh & Soufh Rancho Del Rey Parkwavs OSD 20/ Zone 4 SPA I Phase 1 (Business 2602 North of East H Street, east of Del Rey Boulevard Center) OSD 20/ Zone 7 SPA3 1177 Soufh of East H Street, east of Del Rev Boulevard OSD 23 Otav Rio Business Park 90 Coors/Knotts Soak City area ELMDl/ Zone A Eastlake ! 8430 Eastlake !, Eastlake Greens, Salt Creek !, OTC, Tele~ranh Canyon Channel ELMD1/ Zone D Salt Creek! 423 South of Proctor Valley Road and West of Mount MiQuel Road Several allowable services have not been performed at optimal levels within these Districts due to resource constraints. The increase in assessments would allow, for example, the City to conduct an adequate maintenance and annual testing program of irrigation backflow assemblies within these Districts. This would help the City remain in compliance with California Title 17 Code of Regulations regarding safe water supply. As part of this review, the introduction of additional services was also considered, including an increase in Fuel Modification Zones (FMZ) for fire protection and/or implementation of the Multiple Species Conservation Program (MSCP). The analysis indicated that a significant dollar increase per dwelling unit would occur if extra services such as FMZ and MSCP were added. Due to the significant cost increases resulting from these enhanced services, FMZ and MSCP services are not recommended for inclusion in this balloting process. Two different types of concerns arise with the Districts recommended for potential levy increases. In some cases, the Districts are already operating at a deficit level and reserves have been exhausted. These are Districts where the maximum assessment revenues have consistently failed to meet the approved and necessary expenditure budgets developed to fulfill service levels. In other cases, the District's reserves are below the Municipal Code allowance because they have been subsidizing shortfalls and thus are projected to be exhausted in the near future. 10-5 OS/22/2007, Item / [) Page 6 of8 The projected assessment shortfalls, reserve levels and potential increased maximum assessment for the impacted Districts are detailed in the table below. It is important to note that even though the maximum assessment may be increased, the actual levy imposed may be for any amount less than the maximum assessment. Therefore, should balloting support increasing the allowable maximum assessment, the actual amount levied would be reviewed each year and adjusted gradually as necessary to readjust for service level requirements and to re-establish reserves. OSD/Zone FY2007 FY2008 Shortfall Projected FY2007 Potential Max Assess Requirement Reserve Levy/EDU FY2008 Revenue Levv/EDU OSD 3 $ 44,818 $ 89,462 -$ 18,394 -12.00% $352.00 $510.00 OSD7 $ 13,059 $ 23,466 -$ 10,407 20.00% $125.00 $174.00 OSD 9 $ 62,427 $ 88,055 -$ 25,628 17.00% $162.00 $230.00 OSD 20 /Zone 2 $ 17,976 $ 64,482 -$ 46,506 -48.00% $ 4.54 $ 17.00 OSD 20/ Zone 4 $ 62,720 $134,594 -$ 71,874 19.00% $ 24.00 $ 52.00 OSD 20/ Zone 7 $202,985 $398,347 -$195,362 24.00% $172.00 $339.00 OSD 23 $ 48,063 $ 67,907 -$ 19,844 9.00% $533.00 $760.00 ELMD 1/ Zone A $108,494 $286,659 -$178,165 0.67% $ 12.30 $ 34.00 ELMD 1/ Zone D $ 94,185 $128,320 -$ 34,135 42.00% $222.00 $303.00 Proposition 218 Balloting A Proposition 218 ballot process consists of the following steps: 1. Resolution of Initiation (optional) 2. Preparation of an Engineer's Report and Resolution of Intention 3. Distribution of notice and ballot to property owners 4. Public Hearing and ballot tabulation Tonight, a Resolution of Initiation is before the City Council. Although this step is not included by all agencies undertaking a Proposition 218 process, we wanted the Council and the community to be aware of the situation with the OSDs and the process necessary to reconsider levy amounts for the impacted Districts. Should the Resolution ofInitiation be approved tonight, an informational flyer explaining the circumstances and next steps will be mailed to all property owners within the impacted Districts in advance of the potential balloting process. Next, an Engineer's Report must be prepared that appropriately and accurately defines the District's annual maintenance costs. This report also details the proposed annual assessment per Equivalent Dwelling Unit (EDU). Once the Engineer's Report has been prepared this is brought back to the City Council with a Resolution of Intention. If approved, notices and ballots are sent to all property owners (not voters) in each impacted District. At least 45 days later, a public hearing is held by the public agency to tabulate the ballots received. If, at the public hearing, a majority protest exists, the public agency shall not impose an assessment increase. A majority protest exists, if, upon the conclusion of the public hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. Only those property owners submitting ballots are included in the tabulation. As a 10-6 OS/22/2007, Item /0 Page 7 of 8 result, it is possible that only a relative few interested voters submitting protests can defeat the assessment, even if the majority of eligible voters favor the assessment but do not return their ballot. The City's current special tax districts administration consultant NBS, is prepared to conduct the entire balloting process. Allowance for this work is included under their existing contract, defined as "Optional Items" approved by Council Resolution 2005-149. However, this expansion of services will require a contract amendment and the expenditure of up to $75,000 from the Engineering Department's General Fund budget. The Department is prepared to reduce expenditures in other areas in order to provide the funding necessary for this service. These funds can be recovered through the levy process should the ballot process be successful; however, that option will be considered later in the process. It is important to note that the County Assessor's Office requires all levy information to be filed by August 10 each year to be included on the property tax bills. Meeting this schedule is critical so that the City does not incur extensive additional costs to hand bill in the event the County's levy deadline is missed. The upcoming timeline requires that staff return to Council with the proposed Resolution ofIntention on June 5, 2007. Allowing for the 45-day balloting process, the public hearing/ballot count would occur at the July 24, 2007 Council meeting so that the County's August 10 deadline can be met. In the meantime, staff will return to Council sometime later in June with the standard annual levy process. This will allow staff to ensure that the current allowable levy is ready to be filed with the County Assessors' Office so that at least some level of service is provided in the impacted Districts should the balloting process fail and that uninterrupted service can continue in the other (unaffected) Districts. Reduction of Services The City Council could determine at this point to reduce services in the nine impacted Districts rather than proceeding with the Proposition 218 balloting process; however, this is not recommended. It is important to understand the potential impacts of a reduction of services should the balloting process be unsuccessful. This would result in the reduction of certain landscape and maintenance tasks, including but not limited to: tree trimming, fertilization, mowing of turf, replacement of aging irrigation equipment, and contractual maintenance services within these Districts. Most of the effect would be aesthetic, but the elimination of irrigation on slopes, aside from aesthetics, would result in loss of plant material as these selected plants need to be irrigated permanently to control erosion. The areas would also become bare as dead plant material on the slopes is removed. The fuel load would increase as plant material begins dying. This could result in an increase in the risk and seriousness of a fire. Please see Attachment 3 for a more detailed description of the potential impacts associated with reductions in maintenance services. Should a reduction of services be chosen rather than the balloting process or become necessary due to a failed vote, there are two key points to consider. First, the existing contractor is under no obligation to honor a downgraded contract or to hold their current prices for downgraded 10-7 OS/22/2007, Item / D Page 8 of8 maintenance. Secondly, a reduction of services may affect the aesthetics of entry monument areas, as well as medians and parkways along major scenic corridors and City gateways. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council Member Steve Castaneda has property holdings within 500 feet of the boundaries of one of the Open Space Districts (OSD 20) which is the subject of this action. FISCAL IMP ACT As noted above, the Department does have a contract in place that allows a current service provider to support this effort; however, the Proposition 218 balloting process requirements do constitute an expansion of services necessitating a contract amendment and the expenditure of up to $75,000 from the Engineering Department's General Fund budget. The Department is prepared to reduce expenditures in other areas in order to provide the funding necessary for this service. These funds can be recovered through the levy process should the ballot process be successful; however, that option will be considered later in the process. Attachments: 1. Maps of Open Space Districts 2. NBS Contract Amendment 3. Impact of Reduced Services J :\EngineerIAGENDA ICAS200710S-22-07\CAS for OSD Deficit Districts.doc 10-8 ATTACHMENT 1 I I J I \ ( \ \ , " -' ......-...- " ------.. " \ ~"", ''', \ ", , " \ ' \ " , ~.. "- ,.,-4\ \ 'tj-ib" .... "- !....J \ ....' '" " \ ..........-- '....... / \ .,........--...- -------". "....... s~f!;ftJ'C-";;<\. ....--- \ ~St ....--- t 1- ....-_.... 1- /-- f ....--"'"...____1 ~ , ~ 1 " ~ " i ~....--......, , , , , , , /- I \ I I , I I , I I I , --__.;;.;.;.;..........1 ~ '~ ;; " -'~~~" Deficit Open Space District: City of Chula Vista Open Space District 3- Rancho Robinhood Units 1 and 2 DISTRICT: OSD 3 - Rancho Robinhood Resolution of Formation No.: 1973 - 7089 (November 20, 1973) Description of Facilities I Services: To pay costs of maintaining natural open space, green belt and slopes along major and collector roads, including the maintenance of all trees, shrubs, plants, etc., planted or placed within said open space area. The maintenance consists in general of the following: A) Irrigation B) Fertilization C) Removal of weeds, trash and litter D) Pruning of trees and shrubs E) Replacement of dead or diseased trees and shrubs F) Repair of equipment and facilities G) Weed abatement Services Annual tree trimmings . Trees are laced or shaped . Watering of trees . Fertilization of trees/shrubs/groundcover . Replacement of Equipment & Plants . Sprinkler Replacement . Irrigated erosion control slopes . Contractual Services 10-9 w , " 1 t .~ " a /\ / \ // \ ///'\.,\ / \ / \ / \ / \ / \ / ~,.,,~ \ / I / I / I \ \ \\ "~O,, _J \ --~~ \ %...-... \ ~ \ , \, \ \ \ \ \ ~ \ \ \ \ \ \ \ 1 \ I \ \ ~, I ~~ \----- ~. fti ..u~~~:_ Deficit Open Space District: City of Chula Vista Open Space District 7. Zenith Units 2. 3 and 4 DISTRICT: OSD 7 - Zenith II, III, and IV Subdivision Resolution of Formation No.: 1976-8357 (October 12,1976) Description of Facilities I Services: To pay costs of maintainin9 natural open space, green belt and slopes along major and collector roads, including the maintenance of all trees, shrubs, plants, etc., planted or placed within said open space area. The proposed maintenance consists in general of the following: A) Irrigation B) Fertilization C) Removal of weeds, trash and litter D) Pruning of trees and shrubs E) Replacement of dead or diseased trees and shrubs F) Repair of equipment and facilities G) Weed abatement Services . Annual tree trimmings . Trees are laced or shaped Watering of trees Fertilization of trees/shrubs/groundcover . Replacement of Equipment & Plants . Sprinkler Replacement . Contractual Services 10-10 .,'''''''''1'0 <:>-,,,- ~ t......................... ~~~ ~--- , I , , 1,c ~o' '\., .;>>o'Ji>'-"'..... ~Oq". ... .- '... , \ \ \ \ \ \ "\ \ o \ , ~, , , , , ,...., , , ~< ", -~-- '.......... ~~ , 7 \\~~L___-J ~ ~ , , \ \ \ \ \ , \ \ , , , ~~~ \ "t ...-, \----- \ , , , \ \ \ \ m.~~~_.~"'" <(i,. ~\ ~C,,~ " , ~ . 1 i " " .. , _~d~,,)< ~ ~ .,ft" Deficit Open Space District: City of Chula Vista Open Space District 9- EI Rancho del Rey DISTRICT: OSD 9 - Hilltop Vista Subdivision Resolution of Formation No.: 1977-8824 (September 20,1977) +- Actually Resolution of Intention Description of Facilities i Services: To pay costs of maintaining natural open space, green belt and slopes along major and collector roads, including the maintenance of all trees, shrubs, plants, etc., planted or placed within said open space area. A) The proposed maintenance consists in general of the following: A) Irrigation B) Fertilization C) Removal of weeds, trash and litter D) Pruning of trees and shrubs E) Replacement of dead or diseased trees and shrubs F) Repair of equipment and facilities G) Weed abatement Services . Annual tree trimmings . Trees are laced or shaped Watering of trees . Fertilization of trees/shrubs/groundcover . Mowing of turf . Replacement of Equipment & Plants . Sprinkler Replacement . Irrigated erosion control slopes . Contractual Services 10-11 o i! ,}i"". City of Chula Vista Open Space District 20- Rancho del Rey DISTRICT: OSD 20 - Rancho Del Rey, Zone 2, 4, 7 Resolution of Formation No.: 1989-15419(December 5,1989) Descriotion of Facilities I Services: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: 1 Repair, removal, or replacement of all or any part of any improvement. 2 Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3 The removal of trimmings, rubbish, debris, and other solid waste. 4 Providing administration for the maintenance of improvements. 5 Maintenance will be provided as set forth by area description below and as noted on the approved Landscape Plans for the Ranch Del Rey planned community: Area NO.1 - Areas containing permanent irrigation systems planted in ground cover, shrubs and trees shall be kept weed free as required by City Parks and Recreation Director. Any area not fully covered with planned ground covers are to be replanted and grown to fully cover area during the normal growing season. Area No.2 - Lawn area with automatic irrigation systems. Weeding shall be as necessary to create a well manicured appearance. Area No. 3 - Areas containing permanent irrigation systems initially planted with hydroseed mix and shrubs and trees shall be kept weed free as required by Parks and Recreation Director. The intent is to maintain healthy vegetation for hill holding. Area NO.4 - Areas containing permanent or temporary irrigation systems in natural open space lands and slopes with indigenous plant growth. Weed abatement in these areas as directed by Parks and Recreation Director, not to exceed two times per year, may consist of cutting back to 6" high. Area NO.5 - Two times per year, areas of non-irrigated open space shall be cleaned of debris including but not limited to the following: bottles, cans, paper, cardboard, or metallic items and noxious plant materials such as tumbleweeds. 10-12 The facilities and items of maintenance included within the District by zone designation are as follows: Zone 2 Maintain landscaping, and irrigation system areas associated with the Rice Canyon Open Space area as noted. Area 4 and 5 category maintenance will be provided to the canyon area to continue the natural landscape scheme. The parking area, so noted on the approved landscape plans, will be maintained to area 1 and 2 categories. Zone 4 Maintain landscaping and irrigation system improvements in designated open space easements adjacent to streets in the Rancho Del Rey Business Park SPA I, Phase 1. Area 1, 3 and 5 category maintenance, monumentation maintenance and replacement cost will be provided. Zone 7 SPA III and those portions of SPA I south of East "H" Street landscape improvements, are to be incorporated into the maintenance District at such time when the improvements are installed and maintenance is turned over to the City of Chula Vista. Included within the SPA III improvements will be the maintenance of the open space easements and areas within the public right-of-way of Telegraph Canyon Road, which abut SPA III. Zone 2 Services Annual tree trimmings . Trees are laced or shaped . Watering of trees . Fertilization of trees/shrubs/groundcover . Mowing of turf . Sprinkler Replacement . Contractual Services Zone 4 Services . Annual tree trimmings . Trees are laced or shaped Fertilization of trees/shrubs/groundcover . Mowing of turf . Replacement of Equipment & Plants . Sprinkler Replacement . Irrigated erosion control slopes . Contractual Services Zone 7 Services . Annual tree trimmings . Trees are laced or shaped Fertilization of trees/shrubs/ground cover . Mowing of turf . Replacement of Equipment & Plants . Sprinkler Replacement . Irrigated erosion control slopes . Contractual Services 10-13 f-------------------------- ... :-~----------~\ , , , \ \ :j" \ 1 \ \ g \ \ , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ , \ \ \ \ , \ ~ .i::J "~c.. City of Chula Vista Open Space District 23- Otay Ria Business Park DISTRICT: OSD 23 - Otay Rio Business Park Resolution of Formation No.: 16810 (September 15,1992) DescriDtion of Facilities I Services: The open space areas to be maintained are the slopes adjacent to Otay Valley Road designated as lots A, Band C on Map 12458 (Unit 1) and the landscaped street medians within that unit. The improvements to be maintained are the landscape planting, perimeter walls and irrigation facilities within the open space lots and street medians and additional open space areas and corresponding improvements will be incorporated in the district as additional phases are developed. Services . Fertilization of trees/shrubs/groundcover . Replacement of Equipment & Plants . Sprinkler Replacement . Contractuai Services 10-14 i ~... I , -.I ...., I , I \ \ ,..-" I I I ' I I I I I' 1\ '\ 1\ 'I IJ ~ ~ ~. z 3 , ~ . " 1 ~ ~ ~ ~ " D _~f~" Deficit Open Space District: City of Chula Vista Open Space District 101- Eastlake Maint District No1 DISTRICT: Eastlake Maintenance District No.1 (ELMO #1) Resolution of Formation No.: 1986-12335 (January 22, 1986) Description of Facilities i Services: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: 1 Repair, removal, or replacement of all or any part of any Improvement. 2 Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3 The removal of trimmings, rubbish, debris, and other solid waste. 4 Providing administration for the maintenance of Improvements. "Improvement" means one or any combination of the following: 1 The installation or planting of landscaping. 2 The installation or construction of statuary, fountains, and other ornamental structures and facilities. 3 The installation of construction of supplemental public lighting facilities. 4 The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing therof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 5 The maintenance or servicing, or both, of any of the foregoing. The facilities and items of maintenance included within the District are as follows: 10-15 Zone A. Zone D. Zone A Services Maintain landscaping and irrigation system improvements in designated public street areas. Designated streets where median maintenance will be required include: . Otay Lakes Road - Rutgers Avenue east to 500 feet east of Salt Creek . Eastlake Parkway - SR-125 to Orange Avenue . East "H" Street- 5000 feet southwest of SR-125 to 3000 feet northeast of SR-125 . Eastlake Drive - Eastlake I Hills and Shores . Hunte Parkway - Otay Lakes Road to Orange Avenue . Orange Avenue - EastLake Parkway to Wueste Road . Eastlake Parkway - within "Greens" SPA Boundary . Clubhouse Drive - within "Greens" SPA Boundary . Greengate Drive - within "Greens" SPA Boundary . Greenview Drive - within "Greens" SPA Boundary . Masters Ridge Road' - within "Greens" SPA Boundary . Silverado - within "Greens" SPA Boundary . Golfcrest Drive - within "Greens" SPA Boundary 1. Maintain landscaping including grass, ground cover, shrubs, trees, and other ornamental vegetation improvements in designated public street median areas. 2. Maintain irrigation water supply and sprinkler system improvements in designated public street median areas. Maintenance to include necessary repairs to the water supply and sprinkler system. Maintain proposed open space lots. Maintenance will conform to approved landscape plans for subject area. Area will include: . Dedicated open space lots owned in fee by the City of Chula Vista, including slopes adjacent to SR-125, the community park site and High School Site, all within the "Greens" SPA Boundary. . Annual tree trimmings . Trees are laced or shaped . Fertilization of trees/shrubs/groundcover . Mowing of turf . Replacement of Equipment & Plants . Sprinkler Replacement . Irrigated erosion control Zone D Services . Fertilization of trees/shrubs/groundcover . Replacement of Equipment & Plants . Sprinkler Replacement . Irrigated erosion control slopes j:\engineer\Open Space Districts\OSD Report to Council\OSD Exhibits verso 1 10-16 ATTACHMENT ~ FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA and NIlS GOVERNMENT FINANCE GROUP, dba NIlS RECITALS WHEREAS, the City of Chula Vista ("City") and NBS Government Finance Group, dba NBS ("Consultant") entered into an agreement dated May 10, 2005 where Consultant agreed to assist the City with various tasks related to Assessment Districts, Mello-Roos Community Facilities Districts, and Open Space Districts; and WHEREAS, the City administers and maintains thirty-six Open Space Districts and associated zones; and WHEREAS, certain Open Space Districts are operating at a deficit level and reserves have been exhausted and other District's reserves are below the Municipal Code allowance because they have been subsidizing shortfalls and are projected to be exhausted in the near luture; and WHEREAS, the City proposes to conduct a Proposition 218 ballot process to see if there is support for increasing the allowable maximum assessment in these Districts; NOW THEREFORE, the Agency and Consultant agree as follows: AGREEMENT 1. Exhibit A, Section 8, Scope of Work and Schedule, Subsection A. VIl1.a, Detailed Scope of Work, Optional Items, Proposition 218 Compliance, is deleted in its entirety and replaced with the following: a. Proposition 218 Compliance 10-17 Consultant shall provide Proposition 218 Compliance services for the following Open Space Districts: OSD# District Name 3 Rancho Robinhood Units I & 2 7 Zenith Units 2, 3, 4 9 EI Rancho Del Rey 20Zn2 Rice Canyon Trail Area 20 Zn 4 SPA I Phase I (Business Center) 20 Zn 7 SPA 3 23 Otay Rio Business Park ELJ\1D Zn A Eastlake I ELJ\1D Zn D Salt Creek I Proiect Schedule. NBS will communicate with City staff, legal counsel and other interested parties to: . Establish lines of communication. . Clarify the specific project goals, components and criteria that will meet City preference. . Identify and resolve any special circumstances that may be involved in the update/administration of the districts. . Develop project schedules to meet legal requirements and provide for effective interfacing of all involved parties. . Establish meeting points consistent with schedule to achieve proj ect milestones. . Establish and coordinate with City staff a schedule to assure completion of necessary actions and compliance with statutes. Parcel Database. NBS will establish models and prepare a district parcel database for assessor parcels as currently shovm on the County assessor's rolls. The database will include land divisions, ovmership and mailing information, and parcel information relevant to the spread of the assessments. Budget Develooment. NBS will assist City staff in order to establish an annual district budget for the projected costs of maintaining all future improvements. Cost categories may include, but not be limited to, landscape and lighting maintenance, capital improvement, incidental costs (engineering, legal, city administration), operating reserves, capital improvement reserves, and delinquency reserves. Agencv Review. NBS will communicate with City staff to address issues pertaining to costs, improvements, statute requirements and benefit received. We will provide analysis of proposed assessments, as well as contributions to be made from the City to the districts. We will review mailed and published legal notices, 2 10-18 establish dates for public meeting and public hearing, if required, verify scheduliog, City approach and district requirements, and other issues related to the successful operation of the districts. Preliminary Engineer's Report. NBS will prepare, submit and review with City staff a Preliminary Engineer's Report, iocluding description of improvements, plans and speciJications, cost estimate, assessment criteria and assessment roll. Legal Notices and Ballots. NBS will prepare legal notices and ballots to be mailed, as required, for compliance with the 1972 Act and Proposition 218. Ballot Tabulation. NBS will tabulate the ballots returned and report the results upon completion. Meeting Attendance. NBS will attend two district-related Council meetings, including the Public Meeting and the Public Hearing, as requested by the City. Final Engineer's Reoort. NBS will prepare, submit and review with City staff a Final Engineer's Report, iocluding description of improvements, plans and specifications, cost estimate, assessment criteria, assessment roll and diagram as approved by the Council. Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the City and all property owners. Our staff will be available to answer questions regarding the formation of the district and ongoing collection of assessments. Exclusion. Assessment Diagram to be provided by the City. NBS will coordinate with the Public Works Department and will provide guidance on its requirements for formatting, titling and certmcations. 2. Exhibit A, Section II, Compensation, Subsection D, Optional Services, is amended by adding the following after the sentence "The City may choose which method (negotiated or fixed-fee or hourly).": 1972 Act Assessment Increase Services. 1972 Act Assessment Increase (all nine districts/zones) = $57,190 Estimated Exoenses. . Information mailer to property owners, siogle page tri-fold (iocluding printing and postage): $l.OO/Parcel x 7,000 Parcels = $7,000.00 . Notice of Public Hearing and Protest Ballot (iocluding printing and postage) $1.50/Parcel x 7,000 Parcels = $10,500.00 3 10-19 . Notice of duplicate ballots to a single parcel, 3x5 card (including printing and postage) $0.50iParcel x 525 Parcels = $262.50 . Total Printing and mailing estimated expenses = $17,762.50 . All expenses not to exceed $20,000 All other terms of the Agreement as modified by this First Amendment to the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and Consultant have executed this First Amendment to the Agreement indicating that they have read and understood the provisions of the First Amendment, and indicate their full and complete consent to its terms. Attest: City of Chula Vista By: Susan Bigelow Cheryl Cox, Mayor Approved as to form: NBS Government Finance Group, dba NBS Ann Moore, City Attomey ~ ~ ~~-- By: . ke Rentner, President Exhibit List to First Amendment: (X) Agreement dated May 10, 2005 4 10-20 Attachment 3 Impact of Reduced Services The following is a summary of the anticipated impacts if it is necessary to reduce levels of service in certain Open Space Districts. The following districts have no tree trims as part of their contract resulting in no savings- D23/Palm Island & Eastlake Zone D. The following districts have no turf to mow as part of their contract resulting in no savings- D3, D7, D23/Palm Island & Eastlake Zone D. The following districts have no irrigated slopes to turn off as part of their contract resulting in no savings- D7, D20 Zone 2 & D23/Palm Island. The following districts have additional water savings generated by turning off irrigated slopes- D3, D9, D20 Zone 4, D20 Zone 7, ~ Eastlake Zones A & D. o I '" ~ The following districts had to have their water budget decreased in fit within the budget- D20 Zone 2 & D23/Palm Island. Applying less water may result in stressed plant material. The following districts had no reduction in Contractual Services- D14, Eastlake Zones A & D. This was made possible through adequate savings in other categories. Maintenance will be performed within the districts as indicated below: D3 Twice per month D7 Once every 3cd week D9 Twice per month D20 Zone 2 Once every 6th week D20 Zone 4 Twice per month D20 Zone 7 One crew I x week D23/Palm Island Twice per month Eastlake Zone A Unchanged Page I of3 Attachment 3 Eastlake Zone 0 Unchanged Reduction in the Following Services Impact Annual trce trimmings reduced Will take more time to trim trees within the district. Untrimmed tree branches may break resulting in property damage. Trees will not be laced or shaped resulting in undesired horticultural growth. Watering of trees will decrease resulting in increased stress levels. This will cause trees to be more susceptible to infestation, which could lead to premature death of trees. Annual Fertilization will be decreased Plants and trees require 17 elements for nOffilal growth. Some are found in air and water, while others are absorbed from the soil. Fertilizers provide nutrients that plants and trees use in relatively large amounts as well as trace elements. Reduction in fertilization will result in decrease in health, flower production and foliage growth, which will ultimately result in loss of plant material. There will also be an increase in chlorosis, resulting in discoloration of plant material. ~ C) I "" "" Mowing Mowing of turf will be reduced from weekly to twice per month. This will result in turf being visibly taller and not as aesthetically pleasing. Brown spots may occur, as sprinklers cannot adequately iITigate area due to blockage from plant material. Replacement of Equipment & Plants Ageing iITigation controllers will not be replaced in a timely manner. This may result in loss of plant material. Replanting projects to replace bare areas within the parkways, medians and slopes will not occur. Sprinkler Replacement Ageing irrigation equipment will not be replaced in a timely manner. Result will be loss of plants & trees. Page 2 of3 ~ Cl I N W Attachment 3 Turn offIrrigated Slopes This will result in loss of plant material as these selected plants need to be irrigated pell11anently to control erosion. The areas will also become bare as dead plant material on the slopes is removed. The fuel load will increase as plant material begins dying. This will result in an increase in the risk and seriousness of a fire. Contractual Services Reduced Overall reduction in the amount of maintenance performed within the area. Results will include the following: reduction in contractors staff/man hours; increase in litter and debris within the parkways/medians/gutters; application of pre and post emergent weed killer will be eliminated; weeds will become pervasive throughout the landscape as no chemicals will be applied to combat weed growth; increase in disease & infestations as contractors will have less staff to inspect plants & trees; increase in pests such as bees & gophers; increase in time taken to perform brush management; contractor's response time to address homeowners' concerns will be increased due to the reduction in their staff. Page 3 of3 RESOLUTION NO. 2007- RESOLUTION AUTHORIZING THE PREPARATION OF AN ENGINEER'S REPORT TO INITIATE THE PROPOSITION 218 BALLOT PROCESS TO CONSIDER INCREASING ASSESSMENTS FOR OPEN SPACE DISTRICTS (OSDsl 3, 7, 9, OSD 20 ZONES 2, 4, 7, OSD 23, AND EAST LAKE MAINTENANCE DISTRICT NO. 1 (ELMO NO.1) ZONES A AND D. WHEREAS, the City administers and maintains thirty-six (36) Open Space Districts 10SDs) and associated zones; and WHEREAS, these OS Os provide a financing mechanism to maintain the public open space areas associated with each particLtlar development and were fonned under the 1972 Landscaping and Lighting Act found in Streets and Highways Code sections 22500 el. sCif.; Clnd WHEREAS, OSDs 3, 7, 9, OSD 20 Zones 2, 4, 7, OSD 23 and Eastlake Maintenance District NO.1 (ELMO NO.1) Zones A and 0 have not received recommended levels of service due to lack ofresources; and WHEREAS, the current maximum allowable assessment does not meet maintenance budget requirements for these OSDs; and WHEREAS, certain of these OSDs are operating at a deficit level and reserves have hcen exhausted and others of these OSDs' reserves are below the Municipal Code allowance hecause they have been subsidizing shonfalls and are projected to be exhausted in the near ['uture; and WHEREAS, the City proposes to conduct a Proposition 2 I 8 ballot process to see if there is support for increasing the maximum allowable assessment in these OSDs; and WHEREAS, the City is proposing to enter into an amendment to its Agreement with i Is special tax districts consultant, NBS Govemment Finance Group, dba NBS to perform all Clspeets of the Proposition 218 ballot process; 10-24 NOW, THEREFORE, BE [T RESOLVED by the City Council of the City of Chula Vista that it authorizes the preparation of an Engineer's Report to initiate the Proposition 2i8 hal[ot process to consider increasing assessments for Open Space Districts (OSDs) 3, 7, 9, uSD 20 Zones 2, 4, 7, OSD 23, and East[ake Maintenance District No. I (ELMD No.1) Zones A and D. [)resented by Approved as to f0l111 .~2,--,,~ 0,- /(~:t:;- Scott Tulloch City Engineer Ann Moore City Attorney ] I: '"J:N( j INEER',RES{ lS\RcsnQ()()7\05-22-07\Reslllulillll IiI]" (>S [)~ I't~viscu by ec.ullc 10-25 RESOLUTION NO. 2007- RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NBS GOVERNMENT FINANCE GROUP. DBA NBS, FOR PROPOSITfON 218 BALLOT SERVICES FOR CERTAIN OPEN SPACE DISTRICTS AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT. WHEREAS, the City of Chula Vista and NBS Government Finance Group, dba NBS INBS) entered into an Agreement dated May 10,2005 where NBS agreed to assist the City with various tasks related to Assessment Districts, Mello-Roos, Community Facilities Districts, and Open Space Districts; and WHEREAS, that Agreement allows for the provision of Proposition 218 Compliance 'IS an optional item; and WHEREAS, the City administers and maintains thirty-six (36) Open Space Districts I OS Os) and associated zones; and WHEREAS, these OSDs provide a financing mechanism to maintain the public open space areas associated with each particular development and were formed under the 1972 Landscaping and Lighting Act found in Streets and Highways Code sections 22500 C/. self; and WHEREAS, OS Os 3, 7, 9, OSD 20 Zones 2, 4, 7, OSD 23 and Eastlake Maintenance District No. I (ELMO NO.1) Zones A and 0 have not received recommended levels of service due to lack ofresources; and WHEREAS, the current maximum allowable assessment does not meet maintenance budget requirements for these OSDs; and WHEREAS, certain of these OSDs are operating at a deficit level and reserves have been exhausted and others of these OSDs' reserves are below the Municipal Code allowance because they have been subsidizing shortfalls and are projected to be exhausted in the near future; and WHEREAS, the City proposes to conduct a Proposition 218 ballot process to see if there is support for increasing the maximum allowable assessment in these OSDs; and WHEREAS, NBS can perform all aspects of the Proposition 218 ballot process; and 10-26 WHEREAS, the Engineering Department's operating budget can accommodate up to 575,000 to fund the additional required Proposition 218 services to support the ballot pi"Ocess; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves an amendment to an Agreement between the City of Chula Vista and NBS Government Finance Group, dba NBS for Proposition 218 ballot services for certain Open Space Districts and authorizes the Mayor to execute the Amendment. Presented by Approved as to fonn , 1 ' ;t~ {1 d ~ ~~~ Scott Tulloch City Engineer Ann Moore City Attorney IITN( ,INEER'.RESnS\Resos200T,0.5-n-07\Res\)ILltioll for USD Cnnsult<.llll n;vised by ec,doc 10-27 CITY COUNCIL AGENDA STATEMENT 5/22/2007 Item-LL SUBMITTED BY: REVIEWED BY: RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 04-09, SYCAMORE ESTATES, ACCEPTING THE VARIOUS STREETS AND EASEMENTS GRANTED ON SAID MAP, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS. CITY ENGINEER "'> I / INTERIM CITY MANAGER ';j J ITEM TITLE: 4/5THS VOTE: YES D NO 0 BACKGROUND On April 19,2005, by Resolution No. 2005-128, the City approved Tentative Map No. 04-09 for Sycamore Estates. Tonight, City Council will consider the approval of Chula Vista Tract No. 04-09, Sycamore Estates final map. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted Negative Declaration, IS-04-034. Thus, no further environmental review or documentation is necessary. RECOMMENDATION That City Council adopt the Resolution approving the Final Map of Chula Vista Tract No. 04-09, Sycamore Estates, accepting the various streets and easements granted on said map, approving the associated Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for the project, and authorizing the Mayor to execute the agreements. 11-1 / i 5/22/2007, Item~ Page 2 on BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION The area is generally located north of Main Street, between Hilltop Drive and I-80S. The Final Map (see Exhibit 1) has been reviewed by the Engineering and Public Works Departments and found to be in substantial conformance with the approved Tentative Map. Approval of this map constitutes acceptance by the City of the public street easement for Sycamore Drive, the 5.5-foot street tree planting and maintenance easement, the sewer and access easement, the storm drain and access easement, and the general utility and access easement, within the subdivision. Sycamore Jackson Estates, L.P., as current owner of Sycamore Estates has executed the appropriate Subdivision Improvement Agreement (SIA), providing bonds to secure the construction of onsite and offsite facilities within the subdivision and Supplemental Subdivision Improvement Agreement (SSIA), which address several outstanding conditions of the Tentative Map. The Sycamore Estates project realigns the southerly portion of Sycamore Drive including the cul-de-sac. This street realignment is consistent with the approved Tentative Map. The street realignment results in the need to vacate excess right-of-way as well as adjust property lines of two adjacent single-family parcels. This excess right-of-way vacation and property line adjustments will be handled by a separate parcel map and presented to Council for approval at a future date. Staff has ensured that the two adjacent property owners affected by the street realignment are satisfied with the resulting new property lines and frontage improvements. The Final Map for Sycamore Estates and the associated agreements (see Exhibits 3 and 4) are now before Council for consideration and approval. The Final Map The Final Map for Sycamore Estates consists of 10 numbered lots (single-family residential lots), and one remainder lot, totaling a gross area of 2.232 acres. This map is the only Final Map for the Sycamore Estates Project. Subdivision and Supplemental Subdivision Improvement Agreements (SIA & SSIA) The SIA and SSIA for the Final Map outline the developer's requirements to construct the offsite improvements, for subdivision survey monumentation and to comply with the development conditions for the project. The developer has complied with the Municipal Code as it relates to bonding subdivision improvements and survey monumentation. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the boundaries of the property, which is the subject of this action. 11-2 I f 5/22/2007, Item~ Page 3 of 3 FISCAL IMPACT There is no impact to the General Fund. The Developer has paid all fees and other costs associated with the proposed project. ATTACHMENTS I. Location map for Sycamore Estates, Chula Vista Tract 04-09 2. Developer's Disclosure Statements. 3. The Subdivision Improvement Agreement 4. The Supplemental Subdivision Improvement Agreement Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department J:\Engineer\AGENDA\CAS2007\05-22-07\Sycamore Estates Final Map.RT.doc 11-3 ATTACHMENT CHULA VISTA TRACT NO. 04-09 SYCAMORE ESTATES I PROJECT !BOUNDARY 39 7 6 3 2 1 ~ 5;~\j~ ~ " ............ G ............ ............ - RIQfT-oF-WAY ""'.......'" """"'-- """"""ED <.or UHES ""'''''....'''4 """"'-.... (Q s:J $; / ......... '" 3.................. / -.................. .........1....-. -r-_ / ~' / "- / 0..,' / / I / 2 -- ~ PORTION TO BE VACATED PER ~ FUTURE PARCEL MAP (ARfA= 4-'3'12 SF) ! ! 80 0 80 160 240 N ~ SCALE: 1'"=80_' I ~ _Lundstrom 1764~D1"'lDA"""ue,SUile200 +asso t SanDI"'lo,CA9211D CIa es Tel:619.641.S900 Fax:619.641.S910 I .LAIIII" \ C:''I'L Illill..111l4 I L....D IUl'lnllll I ~ 0: Q a.. ~ -' .... :e SITE: /JAIN STREET o ~UTO PARK ORNE V1CINI7Y MAP I/O SCALE ATTACHMENT ~ Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the Ctty, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a Ctty of Chula Vista election must be filed. The following information must be disdosed: 1. list the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. f<iU-v<Jiz.:rn-C .1JDiI--I~ 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals wtth a $2000 investment in the business (corporation/partnership) enttty. NaJ.-l~ 3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 1101-<.2 4. Please identify every person, induding any agents, employees, consuttants, or independent contractors you have assigned to represent you before the Ctty in this matter. CH,!-l.3 """5:>iw ~"'""I ~5j7/..Vn1t ~5:~ k"0-1 ;</~I ~,V . {C'-"'ST"1U-'C-TVa /d.<{ t , t ~ l ( <: I~ t, ~ J~C.I+ l\ il '-{ I.. \ Has any person" associated wtth this contract had any financial dealings witl)..arrmficial- of the City of Chula Vista as tt relates to this contract wtthin the past 12 months. Yes_ No..L 5. If Yes, briefly describe the nature of the financial interest the official- may have in this contract 6. Have you made a contribution otft1~-- than $250 within the past twelve (12) months to a current member of the Chula Vista Ctty Council? No ~~; ~ If yes, which Council member? 11-5 7. Have you provided more than $340 (or an item of equivalent value) to an official- of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No"""- If Yes, which official- and what was the nature of ~em provided? me.. ~l nt or type name of Contractor! Applicant Date: AA 300-,) P . Person is defined as: any individual, finm, co-partnership, joint venture, association, social dub, fratemal organization, corporation, estate, trust receiver, syndicate, any other county, city, municipality, district, or other pol~ical subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not lim~ed to: Mayor, Council member, Chula Vista Redevelopment Corporation member, Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members. September 8, 2006 11-6 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 04-09, SYCAMORE ESTATES, ACCEPTING THE VARIOUS STREETS AND EASEMENTS GRANTED ON SAID MAP, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS. WHEREAS, the developer, Sycamore Jackson Estates, L.P., has submitted a final map for Sycamore Estates; and WHEREAS, the developer has executed Subdivision Improvement Agreement to install public facilities associated with the projects; and WHEREAS, the developer has executed Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolutions No. 2005-128. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 04-09, Sycamore Estates, and more particularly described as follows: Being a subdivision of lots 38, 103 and a portion of lot 37 of Woodlawn Park, in the City of Chula Vista, County of San Diego, State of California, according to map thereof No. 1271, filed in the office of the County recorder of San Diego County, June 30, 1910, together with a portion of Sycamore Drive and Spruce Road as dedicated to pub lie use. Area: 2.232 Acres Numbered Lots: 10 No. of Lots: 10 Reminder Lot: 1 Lettered Lots: 0 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, the City Council hereby accepts on behalf of the City of Chula Vista the various easements, all as granted on said map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. 11-7 Resolution 2007- Page 2 BE IT FURTHER RESOLVED that that the Subdivision Improvement Agreement for the completion of improvements in said subdivision, copy of which shall be kept On file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement Agreement for addressing on-going conditions of approval that will remain in effect and run with the land for the map, copy of which is On file in the Office of the City Clerk is hereby approved; BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreements On behalf of the City of Chula Vista. Scott Tulloch Director of Engineering A:';1"'", fo I!:;;~ 'D 1'-\ \.... \....6 R. w~ Ann Moore City Attorney -7 / Presented by DCi\- 11-8 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY (\ THE(JCITY pOUN5IL /" / ~ ' /' / ;, 1utr/ ~---_........ . \M> t: tv\ \ ,-,-riL Ann Moore City Attorney / c._ ., ""1.....-\' Dated: '6/ i8foJ Subdivision Improverhent Agreement between The City of Chula Vista and Sycamore Jackson Estates, L.P. 11-9 ATTACHMENT 3 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency ofless than a fee interest for which no cash consideration has been paid or received. EY 430 Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, is made and entered into this day of , 2007, by and between THE CITY OF CHULA VISTA, a municipal corporation ("City"), and SYCAMORE JACKSON ESTATES, L.P., P.O. BOX 910627, San Diego, CA ("Subdivider"), (the "Agreement") with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Sycamore Estates (CVT 04-09) (the "Subdivision) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this Agreement wherein it is provided that Subdivider will -1- 11-10 install and complete, at Subdivider's own expense, all the improvement work required by City in connection with the proposed Subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of the Subdivision has been approved, subject to certain requirements and conditions, as contained in Resolution No. 2005-128, approved on the 19th day of April, 2005 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of the required improvement work have been prepared and submitted to the City Engineer, as shown on Drawing Sets 05087 inclusive on file in the office of the City Engineer; . and WHEREAS, an estimate of the cost of constructing the street improvements according to said plans and specifications has been submitted and approved by the City in the amount as set forth as follows: Sycamore Estates Improvements DOLLARS AND NO CENTS ($170,000.00). ONE HUNDRED SEVENTY THOUSAND Total estimated cost of improvements - ONE HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS ($170,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and its successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the improvement and/or land development work required to be done in and adjoining the Subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have been filed in the Office of the City Engineer, as described in the above Recitals, and by this reference are incorporated into, and made a part of this agreement. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this -2- 11-11 contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform the Improvement Work as set forth above, or that portion of the Improvement Work serving any buildings or structures ready for occupancy in the Subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in the Subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of the Improvement Work or the portion of it serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of the Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City ofChula Vista, and all applicable laws of the State of California. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this Agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of: Sycamore Estates Improvements - ONE HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS ($170,000.00). Total estimated cost of improvements - ONE HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS ($170,000.00). The approved improvement security shall guarantee the faithful performance of this Agreement by Subdivider and is attached as Exhibit "A" and made a part of this Agreement. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this Agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of: Sycamore Estates Improvements - EIGHTY FIVE THOUSANDS DOLLARS AND NO CENTS ($85,000.00). Total estimated cost of improvements - EIGHTY FIVE THOUSANDS DOLLARS AND NO CENTS ($85,000.00). to secure the payment of material and labor in connection with the installation of the Improvement Work, which security is attached as Exhibit "B" and made a part of this Agreement. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, prior to, or , -0- 11-12 simultaneously with, the execution of this Agreement, a cash bond in the sum of FOUR THOUSA1"1DS AND FIVE HUNDREDS AND NO CENTS ($4,500.00) to secure the installation of monuments, which security is attached hereto as Exhibit "C" and made a part of this Agreement. 9. It is further agreed that if the Improvement Work is not completed within the time agreed to in this Agreement, the sums provided by the improvement securities may be used by City for the completion of the Improvement Work within the Subdivision in accordance with the specifications herein contained or referred to in this Agreement, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of the work by City, and after . certification by the Director of Finance that all costs of the work are fully paid, the whole amount, or any part thereof not required for payment of the work, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties to this Agreement that in no case will the City of Chula Vista, or any department, board or officer of the City, be liable for any portion of the costs and expenses of the work described in paragraph 9 above, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the ChuIa Vista Municipal Code. I I. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed Subdivision. It is further understood and agreed that Subdivider shall guarantee the Improvement Work for a period of one year from date of [mal acceptance and correct any and all defects or deficiencies arising during that period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this Agreement, and that upon acceptance of the Improvement Work by City, Subdivider shall grant to City, by appropriate conveyance, the Improvement Work constructed pursuant to this agreement; provided, however, that acceptance shall not constitute a waiver of defects by City, as described above. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts -4- 11-13 or omissions of Subdivider, its agents or employees, or indemnitee, related to this Agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this Agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of the Subdivision or the Improvement Work. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or . siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the Improvement Work. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT TWO PAGES ARE SIGNATURE PAGES) -5- 11-14 SIGNATURE PAGE ONE OF TWO SUBDNISION IMPROVEMENT AGREEMENT SYCAL\10RE ESTATES FINAL MAP (CVT 04-09) IN WITNESS WHEREOF, City and Subdivider have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms. THE CITY OF CHULA VISTA Dated: , 2007 Cheryl Cox Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney -6- 11-15 SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMENT AGREEMENT SYCAMORE ESTATES FINAL MAP (CVT 04-09) SYCAMORE JACKSON ESTATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AS OWNER. BY: SYCAMORE JACKSON ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS GENERAL PARTNER BY: NORTON CONSTRUCTION, INC., A CALIFORNIA CORPORATI , AS MANAG BY: ~IT Ei t:~ {l'J.~;: (~1~<<\1\h( DATED: '\ \B{llll' NAME: TITLE: DATED: BY: (Attach Notary Acknowledgment) -7- 11-16 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ,'~ 9 State of California $......., D,e~ } ss, County of On //-;;L 7-0 ~ r.An Shne T :];.-cla'1, M~ ?"J/~' Name arld TItle at Officer (e.g., "Jane Doe, Nolary Public"J /J (.1('fo.\ before me, Dale k.e,.,,.,~ (!, Name(slof Signer(sl personally appeared 1 ~ I ~ ~ I I I I I I I JSl' personally known to me o proved to me on the basis of satisfactory evidence i----=J;,=-~ $~' Notary PWlIc -C-*2 I ~~ San DIego CcIroIy - j - - - ~~:..~!"'!~~ to be the person\i.) whose name(~ is/_ subscribed to the within instrument and acknowledged to me that he/sAeitAe>; executed the same in his/i:lQr/lkeir authorized capaclty(iee), and that by his/lTer/lkeir signature(~on the Instrument the person(s), or the entity upon behalf of which the person(~ acted, executed the instrument Sigl1atunlotNo PUblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Iitle or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity{ies) Claimed by Signer Signer's Name: . TOp of lllumb here i' o individual o Corporate Officer - 1itie(s): o Partner - 0 Limited 0 Generai o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: 1 I 1 I' Signer Is Representing: <Q 1999 National Notary Association' 9350 011 Sate Ave" P.O. Bc~ 2402' Cl1atswcrth, CA91313-2402. www.NaticnaJNotary.crg Prod. Nc. ag07 Racrdar:CaIlTcII-Fraet.SOO-S7li-6S27 11-17 I i i I I I I ~ ~ ~ i ~ ~ I I 01 01 J LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $170,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $85,000.00 Exhibit "C" Improvement Security - Monuments: Form: Cash Bond Amount: $4,500.00 Securities approved as to form and amount by (JJ}fJ~ ) (\A Cit 110 Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. 1 :\Engineer\Landdev\Projects\Miscellanous projects\Sycamore Estates\S lA _DRAFT .doc -8- 11-18 EXIDJUT \1 II 'J BOND FOR FAITHFUL PERFORMANCE (To Be Used Prior to Approval of Subdivision Improvement Agreement) FileNo.: PC \1-\~ Bond No.: 726027S Prenllum:$4,080.001 2 YR TERM DUPLICATE ORIGINAL WHEREAS, the City Council of the City ofChula Vista, County of San Diego, State ofCalifonlla, and SYCAMORE JACKSON ESTATES LP (hereinafter "Principal") desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements for the proj ect known as SYCAMORE ESTATES APN 624-032-14, 624-032-47, 624-032-48 TRACT 04-09 ; and . WHEREAS, Principal desires to co=ence construction of said public improvements prior to approval of said Agreement by the City Council of the City of Chula Vista; and, WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal Construction Permit No. PC-1713 (hereinafter referred to as "Permit") for the public improvement work as set forth in more detail on City of Chula Vista Drawing Nos. 05087-1 through 05087-3 , regarding construction of said public improvements, which Permit is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for faithful performance of said Permit and will be required to maintain such bond pursuant to the Agreement. NOW THEREFORE, we, the Principal and DEVELOPERS SURETY & INDEMNITY COMPANY , a corporation of the State of IOWA , (hereinafter "Surety"), are held and fIrmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "city") in the County of San Diego, State of California, and to and for the benefIt of any and all persons who may suffer damages by breach of the conditions hereof, in the penal sum of ONE HUNDRED SEVENTY THOUSAND AND 00/100' S dollars, ($ 170,000.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, fIrmly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the terms, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which is incorporated herein and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specifIed, as to installation and completion of said public Improvements both prior to and subsequent to City approval of the Agreement and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents arid employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specifIed therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the P=it or the Agreement or to the work to be performed thereunder or the specifIcations accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Permit or the Agreement or to the 11-19 work or to the specifications. In addition to the acts bonded for pursuant to the Permit incorporated above and all terms, conditions and provisions of the Agreement, the following acts and performances are additionally subject to the terms of this bond: IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on MARCH 17 , 20~. .~",="~",~~~~~-."-,.,"""""",,.w"'~f."~~_~'1\;"'_=',,,""~~""".'li.':I!r'!!i"'-"I,,-,,,,,,,,,p,~~,,".""J'''''''' "~.~>i:1,"",~~"'~,"~~~c~""'''''':''''.>''~~'llF<!''~'~~ SYCAMORE JACKSON ESTATES LP Name of Principal (Ap licant) BY~ ~ DEVELOPERS SURETY & INDEMNITY COMPANY Name of Surety Company By , B~~~M^~ S. SMITH-BOWMAN, ATTORNEY IN FACT 17780 FITCH Address of Surety Company 726027S BondIPolicy No. IRVINE City CA State 92614 Zip Code ABOVE-SIGNATORIES MUST BE NOTARIZED ~~~~"r.f~~'1\'r.c~'~~1I:~~~~i'iiJ..~'~;"~~?''''~~"~'-~~'~-'-'-''"''''''"''"""""~"'$ APPROVED AS TO FORM: ~,^:2f\&Cgj ~Ity Atto ey J:\EngjneerlLANDDEV\Forms-Official\BondslBond Faith Perf prior 10 SIA.DOC SEE ATTACHMENT FOR OFFICIAL NOTARIZATION 11-20 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT - ~-~ r<. :::-:z :"":=-.)~,~~.= .=:-::-: :-:: ~ ,;.r. -, State of California County of 0' AN On S 1 "12'-" , Oat" 'fiL Name and Title af Officer (e.g.. "Jane 0 kF~AI~/ e. NoL:Ti!JN Name(s) of Signer(s) before me, personally appeared cY.8. '~"_JL_''''''''''' ',~ ,', .. ...",-...~ ~ _@ SO~E~~"6~~~N I r,B 0 . NOTARY PUBLIC.CAlIfOiiNIA~ '" COMM. NO. 159325.'\ - l . SAN DIEGO COUNTY i n MY CDM"'. EXP. JUNE 29, 2009 ' o personally known to me ~proved to me on the basis of satisfactory evidence) to be the personlJ6. whose name~re subscribed to the ~in instrument and aCkno~ed to me that he helthey executed the e i is r/their authorized apacity(i*), and that b~~er/t elr signature!lt on the instrument the person'O~the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. C/ ~'arudil OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document .Q Title or Type of Document: UO/JP sf 11/2aJ6 I , PO~ 'Arr#~ ~Ao1far I Document Date: Number of Pages: Signer(s) Other Than Named Above: NtJMti" . Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title( s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: =-~ ~ ~",.,.,..",. """""""' ".,. ~';;"~=~.~~-y~ @ 2006 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Cnatsworth, CA 91313-2402 ~._._-- = '=< ~""""'- Item No. 5907 Reorder: Gall Toll-Free 1-800-676-6827 11-21 STATE OF COUNTY OF SAN DIEGO On 3 / / 7 /6 0 , before me, D. KOHL , , (here insert name and title of the officer), personally appeared CALIFORNIA ] S. SMITH-BOWMAN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(Z) whose name(Z) is/a,e subscribed to the within instrument and acknowledged to me that /JBsheltt'I!Y executed the same in hi$lher/tMir authorized capacity(i~), and that by hi)!7her/th,nr signature~ on the instrument the person(71, or the entity upon behalf of which the person(J1f acted, executed the instrument. WITNESS my hand and official seal. Signature j)~Ji (SEAL) ~------------, @ O,KOHl _ CommlUlan , 1411686 i' NolaIy ,....., . CaIIIaInk. d San OlIVO CounIV i _ _ _ ~~_~~1~ This 'Irl!afor OJ/icial Notur;ul Seal OPTIONAL ",' Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudl:Jlent reattachment of this form. // ~ . CAPACI~YcuIMED BY SIGNER DESCRIPTION O;J"TIA.CHED DOCUMENT o INDIVIDUAL ~ /. o CORPORATE OFFICER . o PARTNER(S) o LIMITED o GENERAL / TITLE OF TYPE OF DOCUMENT / ,// . TITLE(S) o ATIORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES /,/ // / / ,/ SIGNER IS REPRESENT;.~I({ NAME OF PERSON(S) OR ENTIT't1IES) ,/ ,/ / / "- , DATE OF DOCUMENT 10-1232 (REV. 12105) ALL-PURPOSE A~LEDGEMENT "", SIGNER(S) OTHER THA~AMED ABOVE ',,- " EXfUBIT :...JL DUPLICATE ORIGINAL . k 4="1 FileNo.: /\. B Bond No.: 7260275 ' Premium:TNr.T, TN PERFORMANCE BOND BOND FOR MATERIAL AND LABOR (To Be Used Prior To Approval of Subdivision Improvement Agreement) WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and SYCAMORE JACKSON ESTATES LP (hereinafter "Principal") desire to enter into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to' install and complete certain designated public improvements for the project known as SYCAMORE ESTATES, TRACT 04-09 ; and WHEREAS, Principal desires to commence construction of said public improvements prior to approval of said Agreement by the City Council of the City ofChula Vista; and, WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal Construction Permit No. PC-I7l3 (hereinafter referred to as "Permit") for the public improvement work as set forth in more detail on City of Chula Vista Drawing Nos. 05087-1 through 05087-3 ,regarding construction of said public improvements, which Permit is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said Permit, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California and will be required to maintain such bond pursuant to the Agreement. NOW THEREFORE, said Principal and DEVELOPERS SURETY & INDEMNIT,Ya <tRJilPMtion of the State of IOWA , (hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Permit and referred to in the aforesaid Code of Civil Procedure in the sum of EIGHTY FTVE THOUSAND AND NO/IOO'S dollars, ($ 85,000.00 ), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the terms, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which is incorporated herein and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, as to installation and completion of said public Improvements both prior to and subsequent to City approval of the Agreement and in all respects according to 11-23 their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Permit or the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Permit or the Agreement or to the work or to the specifications. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, and including reasonable attorney's fees, incurred by City. in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. In addition to the acts bonded for pursuant to the Permit incorporated above and all terms, conditions and provisions of the Agreement, the following acts and performances are additionally subject to the terms of this bond: IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on MARCH 17 , 20~. DEVELOPERS SURETY & INDEMNITY COMPANY Name of Surety Company BY~~~\)''P'>''-~ S. SMITH-BOWMAN, ATTORNEY IN FACT 177 80 FITCH Address of Surety Company SYCAMORE JACKSON ESTATES LP Name of Principal (A plicant) IRVINE City CA State 92614 Zip Code BondJPolicy No. ABOVE-SIGNATORIES MUST BE NOTARIZED ~ity J:\Engineer\LANDDEV\Fonns-Official\BondslBond Material & Labor Prior to SlA.doc SEE ATTACHMENT FOR OFFICIAL NOTARIZATION 11-24 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~"""""::>u'-:=""""""'- === "',..",,~=- -~ =~ State of California ~ County of r AN "'-" OnS" flu 2dJ' .LJ.ze6c before me, !/liZ' &.I!J.IM Name and litle of Officer (e.g., "Jane Doe, N Public") K.iEN;./~"7h' C! . "'o/l.~ Name(s) of Slgner(s) personally appeared r-"~. ~----~-~F~~~~~~L --1 _@ SOHEIL BORHAN S;.' NOTARY PUBUCCAIJFCRNIA~ Jl! COMM. NO. 1593253 - 1 . SAN DIEGO COUNlY I . MY COMM. EXP. JUNE 29, 3)tJ9 - o personally known to me ~oved to me on the basis of satisfactory evidence) to be the person~ whose name~re subscribed to the ~hin instrument and aCkno~ed to me that e she/!hey executed th~e i hi er/their authorized apacity()(!ll, and that b hiS er/! elr signature~ on the instrument the person ,or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document II Title or Type of Document: 1iJ()~P 5/1?/?~~' / , Document Date: Number of Pages: i LA&JIL / 1eI'o~ MA7~LrAI.. Signer(s) Other Than Named Above: "'ONE Capacity(ies) Claimed by 5igner(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ~""" ~~.... =""='" >..<>=N->= -~~ ~ 2006 National Notary Association. 9:350 De Sotc Ava., P,O. Box 2402 . Chatsworth, CA 91313-2402 ~~= ~~~ Item No. 5907 Reorder: Call Toil-Free 1--800--876-6e27 11-25 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ] On .3 / I J l\ {, , before me, D. KOHL . I (here insert name and title of the officer), personally appeared S. SMITH-BOWMAN personally known to me (or proved to me on the basis of satisfactory evidence) to be the personl,t) whose namel,t) Is/ape subscribed to the within instrument and acknowledged to me that h6'she/tf14 executed the same in hii!herltryfir authorized capacity(i~), and that by h~her/th"r signature(1f on the instrument the personM, or the entity upon behalf of which the person(1f acted, executed the instrument. WITNESS my hand and official seal. Signature D~J (SEAL) J@--- - ~~.;,:~ I' NoIary PuIllIc - c_ t San DIIQO Counly _ _ _ ~~~ ~ _~1~ . This areajbr qtliciai Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the docu(l>€iliand could prevent fraudlJlent reattachment of this form. ,// CAPAC~~MED BY SIGNER DESCRIPTION O!~~HED DOCUMENT o INDIVIDUAL ~ / o CORPORATE OFFICER / /' TITLE OF TYPE OF DOCUMENT // / T1TLE{S) o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: // / ./ ./ NUMBER OF PAGES """''''--..." "'". DATE OF DOCUMENT 10-1232 (REV. 12/05) ALL-PURPOSE ~~WLEDGEMENT '. SiGNER(S) OTHER THAN AMED ABOVE '''-. '. POWER OF A TTORNE Y ~OR DEVELOPERS SURETY AND INDEMNlT'l COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, lRVINE, CA 92623 (949) 263-3300 h>IOW ALL MEN BY THESE PRESENTS, thnt I:XCI::pt as expressly limited, DEVELDPERS SURF!"! AND HIDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Steven R. Bonilla, S, Smith-Bowman, D. Kohl, Rajan Patel, jointly or severally*** ;01;; ,heir true and lawful Attomey(sj- in-F1ct, tD make, execute, d.eliver and ackno''Ik:dge, for ;mJ on behalt of said i.~orpl)rntions, as sureties. bonds, undertakings :ld contmcl:S of suretysbip giving and granting unto said J\ttorncY(SJ-in-l-:.ict rul1 power und aul.hority to do and to ['lcrfum1 every act necessary, requisite or proper tQ be done in connection therewith as each of said corporations CQuld do, but reserving to each or SL!.id C\lrpOf::ltiollS full power of substitution and revocation, and aU arch!:: acts of said 1(\,.ttorneyts)-jn~Fad, pursuant to these p:cscnli, drc hereby mtif'icd and continued. This Power of Attorney is granted and is signed by facsimile under and by authority or the following re:;olutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, cOcctii'c as of Noycmber I, 2000: RESOLVED, thaI the Chainnan ofthe Board, the President and any Vice President of the curporation be, and that each of them hereby is, authorized to (:,~I:;culo-' Powers of Attorney, qualifyi.ng the attorney(s) named in the Powers of Attorney to execute. on behalf of the corporations, bonds, undertakings and contracts uf suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each or them hGreby is, authorized to attest the execution of any such Power ofArtorncy; RESOLVED, FURTHER, that the signatures of such oJ1icer:; may be atTixcd to any such Power of Attorney or to any certificate relating thereto by ta.csimile, and any such Power ofAttomcy or certificate bearing such facsimile signatures shan be valid and binding upon the corporntion when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and fNDEMNITY COMPANY OF CALlFORNIA have severally caused th~sc presents to be signed by their respective Executive Vice President and attested by their respective S(..'CrcLary this 1 st day of December, 2005. (~')~ By: -- David H. Rhodes, Executive Vice-President .) ................... ....\i P.ND!. ..... ...,q,..................:yOi.... i.;> .""o,,-POI4;:...1- "- ~ ... c. ~\~:. I;:! OCT. ~j,i i~! 10 L:"J= ~o\ 1936 .faff ..~. ...s~ \..,;...... lOW !l-.......,.\ l .....'7 ............ .,.~..... ....... * ...... ...."........ ~~ BY' Walter A. Crowell, Secretary STATE OF CALlFORNIA ] COUNTY OF ORANGE On December]. 2005 before me, Gina L. Gamer. (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislber/their authorized capacity(ies), and that by hislhcr/their signaturc(s) on the instrument the person(s), or the entity upon ;,ehalf of which the person(s) acted. executed the instrument. 6ma~~ If.- =--- - - -i~.:1 J1 NOTAIlV PU8UC CAUFOAHJA _COUNTY ~ - - - - .,~~~":~~ WITNESS my hand and official seal. Signature (SEAL) CERTIFICATE The undersigned, as Assistant Sccretill)', of DEVELOPERS SURETY AND INDEMNITY COMPANY and fNDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthennore, that the prOYlSIOnS of the resolutIons of the respective Boards of Directors of said corporations set forth in the power of Attorney, are in force as of the date of this. Certificate. This Certificate is executed in the City of [rvine, California, the _ 1 7TH day of MARCH 2006 ~j-~ 8)' Albert Hillebrand, Assistant Secretary 11-27 lD-1380 (Rev. 12105) "'0 '" ~ >-l ..'.... t:l 0 ,,'...., to '':"L_., lX:I ~!~~~~;; - ;~ -?'.f: ," ',.'i"":: n H ~ -. ,_ = s<-;,~,' ";'f~;~~~;:.~:, '; ~It",;~;..:. 0 -~~~q~~*=~::,,;. . ~ ~ **************************************** CITY OF CHULA VISTA FINANCE DEPARTMENT 276 FOURTH AVE (619) 691-5250 CHULA VISTA CA 91910 **************************************** RegD D/RcptD: 002-00159969 [ DSL ] Accounting Date: Thu. Aug 17, 2006 Date/Time: Wed, Aug 16. 2006 4:03 PM **************************************** 9130\CASH BOND WID INTEREST $4.500.00 REF D: PRDJ# EY430 .... U.J IP .r- IP .JJ r~J: = $4,500,00 -. .. .... ru ru ru .... OJ Ul oJ ru ..--------------------- .. o o ~ RECEIPT TOTAL = $4,500,00 ~ **************************************** Payment Data: ru .... .... OJ oJ .r- ru I ,.." QO PmtD: 1 Payer: CALIFORNIA FUND CONTROL Method: CK RefD: 136469 AMOUNT **************************************** Receipt Summary **************************************** TOTAL TENDERED = $4.500,00 RECEIPT TOTAL = $4,500.00 ------------------ CHANGE DUE = $0,00 **************************************** . ',' : .: .,~-.t:'''''''':''''-:!"'''''''4-'''''''''''''''''''''''''''''''''''''''40+++''''*ok~'''*:I:* "tI , ... I >-<: " * * * * '" , lrJ 0 0 b 0 t; ~ tJ) ~ 0 0 "- f-o 0 0 ~ '" '" '" '" '" "'. '" tJ) '" '" m\ ~ - aJ =i. Q o 0 00 ,0 1-'> 1-'01 , 0 c3 0\ S ~ <J> * .. '" .. 0 *> t:l ..." il> , 0 0< " . '" lJ1~ 0 0 0 0 ... f .t " v ( . , j I .~ I: ., .' l ,I ~ :f' " ~ , ~ l , -1 i '" , , :l , .', ~ , " , " , ,. I THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY :;rHE CITY COfJNCIL I. :/ vIJ' . /-' , /' f!,,,,, . ___n .. '01\'41[::> E H \LU::.~ DC k rbl<. . Ann Moore ' City Attorney , I I ' Dated: 51 i81 07- Supplemental Subdivision Improvement Agreement For Chula Vista Tract No. 04-09 Between The City ofChula Vista and Sycamore Jackson Estates, L.P. 11-29 ATTACHMENT -.!:l..- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue ChuIa Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use EY -430 SUPPLEMENTAL SUBDNISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 04-09 SYCAMORE ESTATES (Conditions 2, 3, 10,41,42, and 43 of Resolution 2005-128) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of ,2007, by and between TIffi CITY OF CHULA VISTA, California ("City" or "Grantee" forrecordingpurposes only) and SYCAMORE JACKSON ESTATES, L.P., ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" and as shown on Exhibit "B" attached hereto and incorporated herein ("Property"). The Property is referred to as Sycamore Estates, Chula Vista Tract No. 04-09 as approved by resolution no. 2005-128. For purposes of this Agreement the term "Project" shall mean "Property". B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as the Sycamore Estates T entati ve Subdivision map, Chula Vista Tract No. 04-09, 11-30 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution 2005-128 ("TM Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the TM Resolution. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied ("Final Map") as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 04-09, except as modified by this Resolution. b. Partial Release of Developer's Assignees. If Developer assigns any portion of 1 f -31 the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. 2. Condition No.1 of Resolution 2005-128. Developer agrees that all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 3. Condition No.2 of Resolution 2005-128. Developer shall comply, remain in compliance and . implement, the terms, conditions and provisions, as are applicable to the property which is the subj ect matter of this Agreement. 4. Condition No.3 of Resolution 2005-128. Developer agrees that any and all agreements that the Developer is required to enter into hereunder shall be in a form approved by the City Attorney. 5. Condition No. 10 of Resolution 2005-128. Developer agrees to process the vacation of the excess right-of-way on Sycamore Drive due to the realignment of the cul-de-sac. The excess right-of-way vacation shall include preparation oflegal descriptions and grant deeds reflecting the revised property boundaries to the offsite parcels affected by the vacation deemed necessary by the City. Said vacation process shall require a separate approval by City Council Resolution and shall be accomplished within 60 days of map approval by City Council. 6. Condition No. 41 of Resolution 2005-128 (Indemnification). Developer agrees to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 7. Condition No. 42 of Resolution 2005-128 (Agreeing to holding City harmless). Developer agrees to defend, indemnify, and hold the City harmless from any liability for erosion, siltation, increase flow of drainage, or spillage of sewage resulting from this Project, now and in the future. 8. Condition No. 43 of Resolution 2005-128 (Cable Television). Developer agrees to ensure that all franchised cable television companies are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer further agrees to restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 1 f-32 CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer Developer: NORTON CONSTRUCTION COMPANY P.O. Box 910627, San Diego, CA 92191 Attn: Ken Norton A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 9. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 10. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 11. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 12. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement. 13. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. (NEXT TWO PAGES ARE SIGNATURE PAGES) 4 11-33 SIGNATURE PAGE ONE OF TWO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT SYCAMORE ESTATES FINAL MAP (CVT 04-09) IN WITNESS WHEREOF, City and Subdivider have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms. . THE CITY OF CIlliLA VISTA DATED: ,2007 Cheryl Cox Mayor Attest: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney 5 11-34 SIGNATURE PAGE TWO OF TWO SUPPLEMENTAL SUBDNISION IMJ'ROVEMENT AGREEMENT SYCAMORE ESTATES FINAL MAP (CVT 04-09) SYCAMORE JACKSON ESTATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AS OWNER. BY: SYCAMORE JACKSON ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS GENERAL PARTNER BY: NORTON CONSTRUCTION, INC., A CALIFORNIA CORPORATION, AS MANAGER BY: .~ LE:: ~~~ C~~~rnr"'lehn,\Y\(' DATED: \\ ) "-, "'If I NAME: TITLE: DATED: BY: (Attach Notary Acknowledgment) 6 11-35 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT o "~~~~"*~~~~~~~I ~ 8 " I I ~ I State of California County of S"tV, D I ~()O } ss before me, C!/,'rt sAn-< :r: ~Y-J",^ , 1/o~J.?...j/'c..: Name andTi~eQt Otlicar (e.g" "Jane Dae, Notary Public" knJ'1<!:f/.... f. Alvr~J1 Name(s)ofSigner(s) On /1-;2.. 7 -0 C- Oale personally appeared I I I '&personally known to me o proved to me on the basis of satisfactory , I evidence CHRISTINE J, JCRDAN @,commisslon# 1602729 ~ ~ _. Notary PubIlc - Callomla ~ i' San DIegO COU1ty l _ _ _ ~:o"'-",.~~~~ to be the personfsl whose name(..) Is/are subscribed to the within instrument and acknowledged to me that he/sIle/t~ executed the same in his/lIef/t"'*' authorized capacity(~), and that by his/Rei'/tlleir signature(~ on the instnument the person(",), or the entity upon behalf of which the person(~) acted, executed the instrument. I @ 1,1 ~ @ I I I I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I' Description of Attached Document Title or Type of Document: Document Date: Number of Pages: I 1:- 1< ~ ~ ~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: " '1 Top of thumb here o individual o Corporate Officer - Title(s): o Partner - D Limited D General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: I ,1 '1 I Signer Is Representing: ~ =>" RlIOrder:CalIToll.FI'9lI1.aClJ..876-6B27 '.~~ ~~.,' (l1999 NaUanal Notary Association. 9350 011 Soto Ava., P.O. Box 2402. Chatsworth, CA91313.24lJ2. www.NatlonalNotary.org Pmd. No. 59C7 11-36 J :\Enginee,\PERMITS\EYlEY 430SSIA.drn: List of Exhibits: Exhibit "A" Legal Description Exhibit "B" Plat of Property 7 11-37 EXHIBIT "A" LEGAL DESCRIPTION BEING A SUBDIVISION OF LOTS 38, 103 AND A PORTION OF LOT 37 OF WOODLAWN PARK, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1271, FILED IN THE OFFICE OF THE . COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 30, 1910, TOGETHER WITH A PORTION OF SYCAMORE DRIVE AND SPRUCE ROAD AS DEDICATED TO PUBLIC USE. A PORTION OF THAT CERTAIN EASEMENT FOR ROAD PURPOSES FILED ON AUGUST 8, 1984 AS DOCUMENT NO. 84-301075 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY IS NOT SHOWN HEREON AND IS ABANDONED PURSUANT TO SECTION 66434(g) OF THE SUBDIVISION MAP ACT. 8 11-38 EXHIBIT'~< B~' CHULA VISTA TRACT NO. 04-09 SYCAMORE ESTA TES [ I I Reminder Lot 39 .. i N ~ 80 0 80 I ~' , SCALE: 1 "=80' _Lundstrom +assoclates I 'UIIN1... I CIVIL 1/113INIIIIIUI { LAIIQ SUII'fnlllll I 8 7 6 J 2 1 10 9 -........ q -........ -........ (Q 4 ~ /i) / '-- "-., 3'-- '-- / --- 'X "'1--_ 2 /~' / " / 0..: / / 1 / 160 I 1 ~ 240 I 1764 San Diego AY1lIlue, Suite 200 San Diego, CA 92110 T~: 619.641.5900 Fax: 61f.~L~1~ SITE: ~ SYC.4MORE '" DRIVE ~ '" >;! " MAIN STRffT VIe/NIT( MAP NO SCALE: , .... ~ ~UTO PARK DRIVE CITY COUNCIL AGENDA STATEMENT .::~~}lff:. em OF -~ CHULA VISTA ITEM TITLE: MAY 22, 2007, Item Jez PUBLIC HEARING TO NOTICE ACCEPTANCE OF FY2006/2007 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND RESOLUTION ACCEPTING $434,864 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND DIRECTING STAFF TO INCLUDE $434,864 IN THE FY 2008 BUDGET OF THE SLESF GRANT F~~ ---' CHIEF OF POLlCr CITY MANAGER 'II SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO ~ BACKGROUND The Police Department has been awarded $434,864 through the Supplemental Law Enforcement Services Fund (SLESF). These state funds were allocated to the Police Department for purposes required by the Citizens' Option for Public Safety (COPS) Program. Acceptance of these funds requires a public hearing per stipulations of the State COPS Program. During FY 1996/1997, the state appropriated funds for local law enforcement services per AS 3229, Chapter 134, Statutes of 1996. In accordance with this Legislation, the state has appropriated funds annually to local law enforcement agencies. The City of Chula Vista's proportionate share of these funds for FY 2007 is $434,864. These funds are to be deposited in the City's Supplemental Law Enforcement Services Fund (SLESF Grant Fund) and used for law enforcement personnel and equipment needs as prescribed by the original legislation (AS 3229). These funds must be used to supplement existing funds and cannot replace, or supplant, funds that have already been appropriated for the same purpose. A twenty-five percent (25%) in-kind contribution is required for these funds. The in-kind contribution will be staff time associated with procurement of equipment and training of personnel. The allocation of future funds is subject to annual state budget deliberations. 12-1 "i MAY 22, 2007, Item ) C\ Page 2 of 5 ENVIRONMENTAL REVIEW Not Applicable. RECOMMENDATION Conduct the public hearing and accept $434,864 from the state COPS Supplemental Law Enforcement Services Fund and 1. Direct staff to include $434,864 in the FY08 budget of the SLESF Grant Fund; 2. Direct staff to first utilize the grant funds as required to fund the Over Hire program; 3. Direct staff to come back mid-year to add three Peace Officer positions and utilize any remaining funds after the over hire program has been funded. BOARDS/COMMISSION RECOMMENDATION The State appropriation requires a Regional Oversight Committee's approval of the funds prior to disbursement. In accordance, the Supplemental Law Enforcement Oversight Committee (SLEOC) was established in San Diego County. The Committee is comprised of the County of San Diego Sheriff, the County of San Diego CAO, a regional City Manager and the District Attorney. The Committee will review the City of Chula Vista's expenditure plan upon approval by the Council of the City of Chula Vista. DISCUSSION The Police Department is planning on utilizing SLESF grant monies to fund the cost of the Over Hire program for FY 2008. Additionally, should there be any funds available after funding the Over Hire program, the Department requests utilizing remaining funds to offset the cost of three new Peace Officers in the FY 2008 Police Department budget. These new positions are as a result of the FY2005 Patrol Staffing Model results. OVER HIRE PROGRAM Council Resolution #2006-099 approved the Departments request to increase the number of Over Hire officers from five to ten. This was in response to the critical staffing levels that the Department was experiencing. The Over Hire Program maintains a steady flow of new recruits which in turn significantly minimizes the time between when a sworn position becomes vacant and when it is filled with a fully trained officer. In years past, it has taken up to 18 months to place a fully qualified and trained officer into vacant positions. Historically, the Department has been able to fund the Over Hire Program through salary savings. However, in FY 2008, the Department has been asked to absorb 12-2 /;'1 MAY 22, 2007, Item J O'\~ Page 3 of5 $1,600,000 in salary savings in an effort to balance the FY 2008 city-wide budget. Because of this, the Department can no longer utilize salary savings to fund the Over Hire Program. The Department proposes to utilize SLESF funds in FY 2008 to offset the cost of the Over Hire Program. ADDITIONAL STAFFING NEEDS PATROL STAFFING Since the mid-1980's, the Police Department has based staffing levels in the Patrol Division on a national award winning staffing model which determines appropriate staffing levels based upon call-for-service volume. The staffing model examines available officer time, the average time spent on calls-for-service, the number of calls- for-service and the availability of proactive patrol and determines the correct number of patrol officers needed for effective and timely responses to calls-for-service. Based upon 2005 call-for-service volume and officer available time, the Patrol Staffing Model recommends an additional five Peace Officers be added to the Department. However, part of the staffing model also determines how much work-load can be transitioned to civilian staff (routine reports, traffic control, etc). Therefore, 2 of the recommended Peace Officer positions can actually be replaced by 2 Community Service Officers. This represents a significant cost savings of nearly $50,000 for each CSO hired instead of a Peace Officer. At this time, the Department will only be requesting the addition of three Peace Officers and will delay the addition of two Community Service Officers in light of current fiscal constraints. The Department will reexamine the Community Service Officer positions during the FY 2009 budget development. FUNDING STRATEGY The Department recommends using the entire $434,864 allocation of the 2007 SLESF funds for personnel costs related to funding of the Over Hire Program. Should any funds remain after funding the Over Hire Program, staff recommends utilizing remaining funds to offset the costs of three new Peace Officer positions as stipulated by the Patrol Staffing Model. Staff will return mid-year with additional funding strategies for the three Peace Officer positions. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. 12-3 MAY 22, 2007, Item lCl.- Page 4 of5 FISCAL IMPACT There is no net impact to the General Fund in FY2008. Acceptance of the grant will result in the inclusion of $434,864 in the fiscal year 2008 SLESF Grant Fund budget, which will be used for personnel costs as enumerated above. Staff will return mid-year to present funding strategies for the three Peace Officer positions. ATTACHMENTS Council Resolution 2006-099. Prepared by: Edward Chew, Administrative Services Manager, Police Department 12-4 ATTACHMENT A RESOLUTION NO. 2006-099 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE POLICE DEPARTMENT BUDGET TO ADD A PEACE OFFICER AND POLICE LIEUTENANT, 3.5 FULL TIME EQUIVALENT HOURLY STAFF, ADDITIONAL OVERTIME AND BENEFIT FUNDING, INCREASING THE NUMBER OF AUTHORIZED OVER HIRE OFFICERS FROM FIVE TO TEN, AND APPROPRIATING FUNDS THEREFORE FROM THE AVAILABLE BALANCE OF THE GENERAL FUND WHEREAS, the Police Department recently met with staff from the Office of Budget and Analysis to discuss Department budget issues and initial steps toward implementing the Department's five-year strategic business plan; and WHEREAS, in order to maintain the high level of service to the citizens of the City of Chula Vista, the department is seeking appropriations to address shortfalls in the Personnel Services budget including the following: . Add a Police Lieutenant, and one Peace Officer to the authorized staffing levels of the Police Department . Appropriate $1,700,000 to the fiscal year 2006 Police Department Personnel Services budget from the available balance of the General Fund for personnel costs and additional overtime and benefits costs . Increase the number of authorized over hire officers from five to ten NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Police Department budget to add a Peace Officer and Police Lieutenant. 3.5 full time equivalent hourly staff. additional overtime and benefit funding, increase the number of authorized over hire officers from five to ten, and appropriate $1,700,000 to the Police Department Fiscal Year 2006 Personnel Services budget from the available balance of the General Fund. Presented by Approved as to form by -~- Richard P. Emerson Police Chief ~\'(.q~\\\:..'(~~\\ Ann Moore City Attorney 12-5 Resolution No. 2006-099 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of March 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, McCann~Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: 6JLU -: :"lJJ{LJ t- ~G1 d L::iJ- ./ Susan Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2006-099 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of March 2006. Executed this 28th day of March 2006. ......... r ...,~ " -~ HJJA. I ~{1J"t.J Susan Bigelow, MMC, City C1etk 12-6 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $434,864 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND DIRECTING STAFF TO INCLUDE $434,864 IN THE FY 2008 BUDGET OF THE SLESF GRANT FUND WHEREAS, the Police Department has been awarded $434,864 through the Supplemental Law Enforcement Services Fund; and WHEREAS, these state funds were allocated to the Police Department for purposes required by the Citizen's Option for Public Safety Program; and WHEREAS, the City Council held a public hearing on May 22, 2007, to notice use of the state COPS Supplemental Law Enforcement Services Fund in the amount of $434,864 for personnel costs related to the expansion of police services; and WHEREAS, $434,864 will be included in the FY 2008 SLESF Grant Fund budget upon acceptance of the FY 2008 Police Department budget by the City Council, as a reimbursement from the SLESF grant; and WHEREAS, the funds will be utilized to fund the Departments Over Hire program and any remaining funds are recommended to offset the cost of three new Peace Officer positions. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $434,864 from the state COPS Supplemental Law Enforcement Services Fund and directs staff to include $434,864 in the FY 2008 budget of the SLESF Grant Fund. Further, staff is directed to return to Council mid- year to present a funding strategy for three additional Peace Officers should any remaining funds be available. Approved as to form by: j)a!uJ~~ Richard P. Emerson Police Chief f.~4 "11 \v) nn Moore tfl City Attorney 12-7 CITY COUNCIL AGENDA STATEMENT ~l!f::. CITY OF '~CHULA VISTA OS/22/2007 Item~ ITEM TITLE: PUBLIC HEARING TO NOTICE ACCEPTANCE AND APPROPRIATION OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS. SUBMITTED BY: REVIEWED BY: RESOLUTION ACCEPTING $90,139 FROM THE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND DIRECTING STAFF TO INCLUDE SAID FUNDS TO THE FY 2007/2008 BUDGET OF THE JUSTICE fJSIST ANCE GRANT FUND. CHIEF OF POLIC~ CITY MANAGER d 1 4/5THS VOTE: YES NO X BACKGROUND Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. Federal funds from the Edward Byrne Memorial JAG Program must be used to supplement existing funds for program activities and carmot replace, or supplant, nonfederal funds that have been appropriated for the same purpose. The unit of local government must provide an assurance that the application or any future amendment was made public and an opportunity to comment was provided to citizens and the neighborhood or community organizations to the extent applicable law. Local match is not required with the JAG Program. ENVIRONMENTAL REVIEW Not Applicable. 13-1 OS/22/2007, Item /8 Page 2 of3 RECOMMENDATION That Council: ~ conduct the public hearing and accept $90,139 from the 2007 Edward Byrne Memorial Justice Assistance Grant; ~ direct staff to include said funds to the FY 2007/2008 budget of the Justice Assistance Grant Fund; ~ direct staff to first utilize the grant funds as required to fund the over-hire program; ~ direct staff to come back mid-year to add one Police Sergeant position and utilize any remaining funds after the over hire program has been funded. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Police Department has recently received notice of an Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $90,139 from the Bureau of Justice Assistance (BJA). These funds were allocated to the Police Department based on population and Part I violent crime statistics. Part I violent crimes include murder and non-negligent manslaughters, forcible rape, robbery, and aggravated assaults as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Justice Assistance Grant. The Police Department is planning on using JAG grant monies to fund the cost of the Over Hire program for FY 2008. Additionally, should there be any funds available after funding the Over Hire program, the Department request utilizing remaining funds to offset the cost of one Police Sergeant in the FY 2008 Police Department budget. This new position in the Traffic Unit was initially proposed during the FY 2007 budget process. OVER HIRE PROGRAM Council Resolution # 2006-099 approved the Department's request to increase the number of Over Hire officers from five to ten. This was in response to the critical staffing levels that the Department was experiencing. The Over Hire Program maintains a steady flow of new recruits which in turn significantly minimizes the time between when a sworn position becomes vacant and when it is filled with a fully trained officer. In years past, it has taken up to 18 months to place a fully qualified and trained officer into vacant positions. Historically, the Department has been able to fund over hires through salary savings. However, in FY 2008, the Department has been asked to absorb $1,600,000 in salary savings in an effort to balance the FY 2008 city-wide budget. Because of this, the Department can no longer utilize salary savings to fund the Over Hire Program. The Department proposes to utilize JAG funds in FY 2008 to offset the cost of the Over Hire Program. 13-2 OS/22/2007, Item13 Page 3 00 ADDITIONAL STAFFING NEEDS The Police Department initially proposed the addition of one Police Sergeant in the Traffic Unit during the FY 2006/2007 budget process. The Traffic Unit currently consists of 11 officers, 4 agents and 5 civilian personnel. With only one sergeant supervising these 20 positions and the potential of more officers being added through Office of Traffic Safety grants, there is a definite need for an additional sergeant to share the supervision of these positions and oversee the traffic enforcement operations. FUNDING STRATEGY The Police Department recommends using the entire $90,139 allocation of the 2007 JAG funds for personnel costs related to the funding of the Over Hire Program. Should any funds remain after funding the Over Hire Program, staff recommends utilizing remaining funds to offset the costs of one Police Sergeant in the Traffic Unit. Staff will return mid- year with additional funding strategies for the Traffic Sergeant. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 1 8704.2(a)(l) is not applicable to this decision. FISCAL IMPACT There is no net impact to the General Fund in FY 2008. Acceptance of the grant will direct staff to include $90,139 to the FY 2007/2008 budget of the Justice Assistance Grant Fund (fund 254), which will be used for personnel costs as enumerated above. Staff will return mid-year to present funding strategies for the Police Sergeant. ATTACHMENTS Council Resolution 2006-099. Prepared by: Jonathan Alegre, Senior Management Analyst, Police Department 13-3 /fH-4d1 In en! RESOLUTION NO. 2006-099 RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE POLICE DEPARTMENT BUDGET TO ADD A pEACE OFFICER AND POLICE LIEUTENANT, 3.5 FULL TIME EQUIVALENT HOURLY STAFF, ADDITIONAL OVERTIME AND BENEFIT FUNDING, INCREASING THE NUMBER OF AUTHORIZED OVER HIRE OFFICERS FROM FIVE TO TEN, AND APPROPRIATING FUNDS THEREFORE FROM THE AVAILABLE BALANCE OF TIlE GENERAL FUND WHEREAS, the Police Department recently met with staff from the Office of Budget and Analysis to discuss Department budget issues and initial steps toward implementing the Department's five-year strategic business plan; and WHEREAS, in order to maintain the high level of service to the citizens of the City of Chula Vista, the department is seeking appropriations to address shortfalls in the Personnel Services budget including the following: . Add a Police Lieutenant, and one Peace Officer to the authorized staffing levels of the Police Department . Appropriate $1,700,000 to the fiscal year 2006 Police Department Personnel Services budget from the available balance of the General Fund for personnel costs and additional overtime and benefits costs . Increase the number of authorized over hire officers from five to ten NOW. TIiEREFORE. BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Police Department budget to add a Peace Officer and Police Lieutenant, 3.5 full time equivalent hourly staff, additional overtime and benefit funding, increase the number of authorized over hire officers from five to ten, and appropriate $1,700,000 to the Police Department Fiscal Year 2006 Personnel Services budget from the available balance of the General Fund. Presented by Approved as to form by ~ Richard P. Emerson Police Chief ~\'(~~\\~'(i'N~\\ Ann Moore City Attorney 13-4 Resolution No. 2006-099 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 28th day of March 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATrEST: u -: ~-"1 J.J6-' f-- ~ &l d ~ ~ Susan Bigelow, MMC, City Clerk STATEOFCALIFORNlA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2006-099 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of March 2006. Executed this 28th day of March 2006. r ~'" d - _ ~JJA. I ~ ~ Susan Bigelow, MMC, City C k 13-5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $90,139 FROM THE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND DIRECTING STAFF TO INCLUDE SAID FUNDS TO THE FY 2007/2008 BUDGET OF THE JUSTICE ASSISTANCE GRANT FUND. WHEREAS, the Police Department has received notice of an Edward Byrne Memorial Justice Assistance Grant award in the amount of $90,139 from the Bureau of Justice Assistance; and WHEREAS, these funds were appropriated based on population and Part 1 violent crime statistics for purposes stipulated by the Edward Byrne Memorial Justice Assistance Grant program; and WHEREAS, the City Council held a public hearing on May 22, 2007, to notice use of the Justice Assistance Grant funding in the amount of $90,139; and WHEREAS, the funds will be utilized to fund the Police Department's Over Hire program and any remaining funds are recommended to offset the cost of one Police Sergeant in the Traffic Unit. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $90,139 from the 2007 Edward Byrne Memorial Justice Assistance Grant and direct staff to include said funds to the FY 2007/2008 personnel category.of the Justice Assistance Grant fund. Further, staff is directed to return to Council mid-year to present a funding strategy for one Police Sergeant should any remaining funds be available Richard P. Emerson Police Chief Approved as to form by: ~.~f ,,' , Ann Moore City Attorney 13-6 CITY COUNCIL AGENDA STATEMENT .s-rf:. CITY OF -~ (HULA VISTA Item No.: 14 Meeting Date: 05122/07 ITEM TITLE: REPORT: PRESENTATION OF PRESERVATION WORK PROGRAM THE mSTORIC SUBMITTED BY: REVIEWED BY: RESOLUTION: OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE mSTORIC PRESERVATION WORK PROGRAM AND AUTHORIZING STAFF TO COMMENCE WITH THE IMPLEMENTATION OF SAID WORK PROGRAM. DIRECTOR OF P~G AND RUfLDINGJ!fy CITY MANAGER j 1 ; r 4/5THS VOTE: YES NO X -- On June 29, 2006, staff forwarded an informational memorandum to update Council on the progress of developing a Historic Preservation Program (Attachment 1). Staff is now returning to Council with a proposed Historic Preservation Work Program (Work Program) that would finalize and bring forward, for formal consideration, the Historic Preservation Program (HPP) that staff has developed to date. The Work Program includes the formation of an interim Advisory Committee, fmalization of a Historic Preservation Ordinance with refined criteria and procedures, a proposal for a historic resources survey, and public participation throughout the process. The Work Program is structured in three phases, the Preparation Phase, the Approval Phase and the Implementation Phase. Taken together, the work will result in the creation of a comprehensive Historic Preservation Program for Chula Vista that has the support of the community and decision makers, as well as qualify the City as a Certified Local Government or CLG. BACKGROUND Historv of Local Preservation Efforts: Chula Vista's commitment to historic preservation began in 1980 with the adoption of an ordinance to provide for protection of historical resources. This was codified into Chapter 14-1 Date, Item No.: Meeting Date: OS/22/07 Page 2 of 6 2.32.070 of the Municipal Code, and has served as the City ofChula Vista's legal basis for designation of historic properties and the adoption of the Mills Act Program in 2001. Though this section of the Municipal Code has provided a good starting point for preservation efforts, a comprehensive Historic Preservation Program would further refine procedures and criteria necessary for a more consistent review process and added protection of historical resources. In response to a 200 I City Council directive to evaluate historic preservation efforts in the City, an Ad Hoc Historic Preservation Committee commenced in 2002 (hereafter referred to as Committee). The task of the Committee was to conduct an overall evaluation of the existing efforts, determine an appropriate program for the future, and identify key tasks to be performed to accomplish that future program. The resulting report (accepted by Council September 2003), entitled "Evaluation of Historic Preservation in Chula Vista", outlines the Committee's recommendations. (Attachment 2) Committee Recommendations One of the principle recommendations of the Committee's report was that Chula Vista develop a comprehensive historic preservation program based upon the Certified Local Government (CLG) model and pursue opportunities to obtain CLG status. A CLG is a partnership with the state and federal government that may provide for funding and technical assistance for local historic preservation efforts. This recommendation and other Committee recommendations subsequently became the basis for several policies of the updated City General Plan and the draft HPP framework that staff has been working on since. The proposed Work Program to fmalize and implement the HPP is summarized below and detailed in Attachment 3. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 31 categorical exemption pursuant to Section 15331 (Historical Resource RestorationlRehabilitation) of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Staff recommends that Council approve the Historic Preservation Work Program and authorize staff to commence implementation of the Work Program. BOARDS/COMMISSION RECOMMENDATION Staff presented an overview of the proposed Work Program to the Resource Conservation Commission on December 4, 2006. The Resource Conservation Commission encouraged staff to proceed with the proposed Work Program and obtain Council approval as soon as possible. 14-2 Date, Item No.: Meeting Date: OS/22/07 Page 3 of 6 DISCUSSION Overview of the Proposed HPP- Since the adoption of the General Plan update in December 2005, staffhas continued working toward the development of a comprehensive historic preservation document. The current framework document contains resources, guidelines and procedures that implement the policies of the General Plan, meet the needs of the community, and qualify the City for CLG status. Each section of the framework document is an important piece to guide the preservation and protection of historic resources in Chula Vista and, cumulatively, will comprise the City's HPP. Staff has commenced preparation of a Historic Preservation Program (HPP) framework, which consists of a draft Historic Preservation Ordinance and other historic preservation policies, and guidelines that would be utilized by staff, decision makers and the public for development projects and any other preservation matters. The proposed Work Program effort will fmalize a Historic Preservation Ordinance, collaborate with the Advisory Committee on the content and structure of the HPP, and work with Advisory Committee on the development of a City survey work program proposal. The proposed Work Program would also ensure that diverse public representation is included in the fmalization of the HPP and that broad based interests are addressed throughout the Work Program. The Proposed Work Program: The proposed Work Program is comprised of three phases; the Preparation Phase, the Approval Phase, and the Implementation Phase. Each phase is further described in Attachment 3 and summarized below. Phase 1- Preparation- This stage would include the formation of an interim Advisory Committee that would be tasked to review and comment on each section of the HPP (both the content and structure), review and comment on the draft Historic Preservation Ordinance, and assist Staff in the development a survey work program for the City. Phase 1 would be accomplished with existing dedicated planning staff (.5 FTE Associate Planner) and resources, as well as a minimum amount of consultant assistance for fmalization of a Historic Preservation Ordinance, review and recommendations on the content and structure of the HPP, and collaboration on the development of a Survey Work Program for the City. This Phase should be completed within nine (9) months. Phase 2- Approval- As part of Phase 2, Planning staff would coordinate with other City departments and City committees and commissions at large to ensure that each has an opportunity to comment on the HPP prior to finalizing the HPP. In addition to community support, the success of HPP will rely upon the support of City departments, committees, and commissions. Therefore, staff will work to ensure that each department, committee and commission is properly informed and has ample and sufficient opportunity to comment on the HPP prior to taking it forward to Council. 14-3 Date, Item No.: Meeting Date: OS/22/07 Page 4 of 6 Phase 2 would also include a Council Workshop on the HPP, adoption of a Historic Preservation Ordinance, approval of a Survey Work Program, approval of the HPP framework, and a request to form a permanent Historic Preservation Commission. Phase 2 would be accomplished with existing staff (.5 FTE Associate Planner) and resources. It would also be beneficial to have the ability to utilize the services of a contract expert for consultant purposes. The total cost of these services for Phases I and II would not exceed $6,000.00. This Phase should be completed within seven (7) months of the completion of Phase!. Phase 3- Implementation- Once staff obtains Council approval, implementation of the Program would commence. This work effort would include public input and participation, commencement of the Historic Preservation Commission, submission of the Certified Local Government application and initiation of the Council approved survey work program. To support the Historic Preservation Commission for training and other operating costs an annual budget of $2,000.00 would be necessary. In addition, the minimum cost for a consultant for any survey work program would be approximately $60,000.00 to $150,000.00. Although at this time it is not known what type of survey work program will be recommended by the Advisory Committee, survey efforts can range in cost depending on how comprehensive a survey is pursued. Therefore, Staff will work with the Advisory Committee to develop a fiscally practical survey work program that will both meet the objectives of the HPP and the fiscal circumstance of the City. Staff will also actively pursue grant opportunities to help offset any costs associated with a survey. It is anticipated that commencement of Phase 3 and initiation of a survey work program will take approximately 8 months. In addition to the existing dedicated Planning staff of (.5 time Associate Planner), the Work Program would require nominal time and commitment from other departments and sections including Community Development, Building, General Services, and the Library. Staff will provide Council updates on Work Program progress on a quarterly basis. SummarY of The Proposed Work Program: The proposed Work Program consists of a phased implementation approach would coordinate the efforts of staff, city committees and commissions, and the community at large to fmalize the development of the HPP. Approval of the proposed Work Program would commit the City to a long-term preservation planning approach that integrates historic preservation into broader planning processes and recognizes that preservation of historic resources is an important aspect of the economic and physical well being of the community. This phased approach is intended to identify and group tasks into manageable parts, include the public and decision makers in the development of the HPP and provide a collaborative process that will address potential issues upfront, prior to adoption of the final HPP. Completion of the Work Program would result in the adoption of a HPP that is supported by the community and decision makers and qualifies the City as a Certified Local Government. 14-4 Date, Item No.: Meeting Date: OS/22/07 Page 5 of 6 The proposed Work Program will help to develop a HPP that will not only establish a predictable and consistent historic review process but will result in a HPP that will positively benefit the local economy through tourism and the physical environment by building community pride and the revitalization of older established neighborhoods and commercial areas throughout the City. DECISION-MAKER CONFLICTS: Not Applicable: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations Section 18704.2(a)(1) is not applicable to this decision. FISCAL IMP ACT: As mentioned above, currently there is one (1) (.5 time) Associate Planner assigned to historic preservation in the existing Planning and Building Department budget. Phase 1 and 2 of the proposed Work Program can be accomplished primarily through existing staff and resources, however, consultation with a professional in the field of preservation for recommendations and direction on the Historic Preservation Ordinance, HPP content and structure, and any survey work program will also be needed. Staff anticipates that the necessary consultant work would not exceed $6,000.00 for both Phases 1 and 2. These costs will be absorbed in the Planning and Building Departments Fiscal Year 07/08 budget. Although the proposed Work Program does not require any budget authorization at this time it is important to acknowledge that commitment to the Work Program may have future budgetary implications. Though relatively negligible, an annual budget of approximately $2,000.00 is typical for a Commission such as the proposed Historic Preservation Commission. Staff would need to present a budget for action at such time that the City Council would establish such a Commission. Phase 3 of the Work Program includes a historic resources survey program that would, at a minimum, cost $60,000.00. Staff will seek input from the Advisory Committee on fiscally feasible survey options and will return to Council for budget appropriation and approval prior to initiation of any survey work. This budget appropriation could be considered for the 09 Fiscal Year budget. It should also be noted that the proposed HPP may be eligible for CDBG monies and once the City is approved for Certified Local Govemment status, other potential grant monies as well. Possible funding sources would be identified as part of all future appropriation requests. ATTACHMENTS' 1. June 29, 2006 Council Informational Memo 2. Evaluation Of Historic Preservation Report 3. Work Program Document J:\Planning\Lynnette\histaric preservation\Program\Blucprint for the Historic Preservation work program\Council Presentation\5-22.07 documents\HPP StaifReport 5-22-07 Final.doc 14-5 ~!~ --- CITt OF CHULA VISrA Deparune:n1: of Pla:n:ni:ng and Building DATE: June 29, 2006 TO: The Honorable Mayor and City Council VIA: Jim Thomson, Interim City Manager FROM: James D. Sandoval, AICP, Director of Planning and Building SUBJECT: Chula Vista Historic Preservation Program Progress Report The following is a brief overview of progress made toward the development of a comprehensive historic preservation program for the City of Chula Vista. Since City Council acceptance of the "Evaluation of Historic Preservation in Chula Vista" report, staff has been working to develop a multi-faceted program aimed at protecting historic resources within the City. The draft program being developed includes both regulatory and non-regulatory techniques. The first task was to ensure the framework was in place that would provide the legal and policy basis for a historic preservation program. This required the development of historic preservation policies that could be incorporated into the General Plan. Staff worked diligently with various groups, subcommittees, boards and commissions to develop historic preservation goals and objectives to include in the General Plan update. As a result, several historic preservation policies were incorporated into both the Land Use and Environmental Sections of the updated General Plan that was formally adopted December 13, 2005. Further, based upon the reco=endations of the Ad Hoc Historic Preservation Committee, staffhas coordinated with the State Historic Preservation Office in order to develop a comprehensive program that will meet the needs of the co=unity as well as qualify the City for Certified Local Government status. Staffis now finalizing a draft Historic Preservation Program that is comprised of: . A historic preservation ordinance . A qualified Historic Preservation Review Board . A reco=ended historic survey process that delineates and prioritizes areas to be surveyed in phases . A certified local government application request . A process for the development of design guidelines for historic structures . Incorporation of historic standards within the zoning code update. 14-6 01/, cA f"I) err!- I Historic Preservation Program Progress Report Page 2 The draft program that is being developed is modeled after cities with similar size, demographics, age of resources, all which are Certified Local Governments whose programs are recognized as good models by the State Historic Preservation Office. Staff will present the draft Historic Preservation Program to the appropriate boards, commissions and public groups for input over the next several months. We anticipate bringing the final draft to the City Council in the Fall of this year. The approved Planning and Building Department budget includes one half time position to work exclusively on the development and implementation of the historic preservation program. Once the Historic Preservation Program is accepted by Council, staff will: 1. Coordinate the program's implementation with the Zoning Code and Design Manual updates, 2. Coordinate with the City Clerk and City Council to establish and appoint members to the Historic Preservation Review Board 3. Initiate the phased priority system survey process 4. Formally apply for Certified Local Government Status 5. Continue to process requests for historic designation and Mills Act applications !fyou have any questions please contact Associate Planner, Lynnette Tessitore-Lopez at 409-5465 or myselfat 691-5002. cc: Assistant City Managers Department Heads Assistant Planning Director, Jim Hare Advanced Planning Manager, Ed Batchelder Environmental Project Manager, Marisa Lundstedt J :\Planning\Lynnette\historic preservation\Memo to Council on work program status 6-26-2006.doc 14-7 CHULA VISTA AD HOC PRESERVATION COMMITTEE RECOMMENDATIONS September 2003 14-8 ATTACHMENT 2 The Ad Hoc Historic Preservation Committee recommended that the Historic Preservation Program for the City of Chula Vista address the following issues: (The to ics are not listed in riority of need but may be critical to future . I' A comprehensive historic preservation policy is needed. A preservation plan or ordinance clearly ties historic preservation efforts with legitimate governmental functions. 1. Currently the City of Chula Vista does not have a historic preservation component to their General Plan. 2. The City of Chula Vista is not a Certified Local Government. 3. Current Historic Preservation in Chula Vista creates the possibility for an inconsistent historic resources review process and unpredictable outcomes. The City should obtain CLG status within a reasonable amount oftime. There should be a predictable and consistent historic review process. 14-9 lannin . Develop a preservation program with goals and objectives that bring together the objectives outlined in the evaluation report with those of the General Plan. Develop a preservation program based upon the Certified Local Government (CLG) criteria. Apply to be a CLG once qualifications are met. Enforce appropriate state and local legislation for the designation and protection of historic ro erties Adopt the National Register of Historic Places criteria for designation as required to obtain CLG status. In addition, adopt criteria specific to local needs. Provide an open application process for nominations of historic resources in which the applicant'writer does not need to meet certain qualifications (such as a degree in history or architectural history) to nominate a resource. The City should also provide literature or workshops in order to assist the writer in the nomination process. Literature may include, "How to Nominate Your Property in the Local Re 'ster." ATTACHMENT 2 ISSUE RECOMMENDATION ACTION Nominations shall yield pertinent information for proper evaluation such as historical context, and current appearance and condition of the nronerty. Owner consent is required for private properties. Owner consent is not required for public properties. Opposition by more than 50% of the owners within a proposed district may stop district designation. Once designation is completed, it should be recorded so that future persons associated with the property are aware of its designation status. Determination of eligibility may be made by the applicant if the owner does not wish the property to be nominated. 4. The City of Chula Vista Establish an adequate and Minimum of seven (7) does not have an adequate qualified historic members nominated by the City and qualified preservation preservation review board. Council and appointed by the review board. This includes the number of Mayor. The City's charter does memilers, terms of not appoint anyone who resides members, any required outside the City limits. expertise that the members Three (3) of the seven (7) must have in historic members to meet the Secretary preservation, the regularity of the Interior's Qualifications of meetings, naming of the Standards. officers, and voting . Historian procedures. . Archaeologist . Architectural Historian I Art Historian . Architect . Historic Architect Members at large may include, but not be limited to, members of historic interest groups, developers, realtors, landscape architects, and attorneys. Meet a minimum of six (6) times per year. 14-10 ATTACHMENT 2 ISSUE RECOMMENDATION ACTION Members should attain appropriate training. An annual report should be prepared and submitted to the City Council. The report shall be a synopsis of the amount of designations and Mills Act applications that were conducted. Decisions reached should be forwarded to the City Council as a recommendation. 5. The City of Chula Vista The Board/Commission The appointed Board/ should specify other shall also review other Commission should have review items concerning items concerning historic authority to review some form historic resources. resources. of physical changes that might destroy or compromise the historic or architectural integrity of the designated property or district. This may include exterior alterations requiring a building permit. Attaching the review process to procedures for building permit application is an easy way to assure compliance with . preservation review Procedures. The City's ordinance should be changed to list demolition permits as a discretionary action for buildings that are designated or determined eligible for listing on the local, state, or national register. 14-11 ATTACHMENT 2 ISSUE RECOMMENDATION ACTION 6. The City of Chula Vista Provide a set of standards or Broad standards, such as The does not provide a guide principles to guide the Secretary of the Interior's for decision making Board/Commission in Standards for the Treatment of process regarding deciding what is proper Historic Properties may apply historical resources. action that will not harm the to all designated properties and historic or architectural properties within historic character of the designated districts. When appropriate, the or potentially eligible State Historical Building Code historic property. should be used to provide flexibility in required standards for qualified historical buildings. More specific, Design Guidelines may be provided to specific architectural types or types of structures, or specific designated properties or districts. 7. Appeal process from the Designation is enacted upon The City Council may review Board/Commission should by the City Council upon the report of the Board/ be specified. the recommendation of the Commission concerning the Board/Commission. designation, reevaluate the proposed designated property or district according to the designation standards, and shall have discretion over whether the property or district meets the designation standards. 8. The City of Chula Vista Provide incentives for Currently, the Mills Act is should provide additional historic preservation. provided for designating a incentives. property on the local register. Other incentives include: . Use of the State Historical Building Code (SHBC). . Conservation Easement Programs. . Develop a Contingent Acquisition Fund. . Design Assistance Volunteer Programs. 9. Local surveys need to be There should be Develop and maintain a system updated on a regular basis. cohesiveness of unique for the survey and inventory of historic communities and historic orooerties. 14-12 ATTACHMENT 2 ISSUE RECOMMENDATION ACTION 10. Provide adequate public participation opportunities in the local historic preservation program. 11. Continue Mills Act participation. neighborhoods and diversity in historic preservation should be encouraged. Board/Commission meetings should be open to the public. Satisfactorily perform the responsibilities delegated to it by the City. 14-13 Update the survey every five 5 ears. Coordinate with the Office of Historic Preservation's (ORP) invento TO am. Follow the Secretary of the Interior's Standards for Identification and Evaluation. efer to A endix D) . The current resources nominated to the City's survey should be reassessed for the level of inte . . Public education, outreach, awareness, and involvement should be encouraged in both En lish and S anish. Public can comment on nominations to the local register and in preservation lannin issues. Continued participation in the Mills Act and other incentive programs that the City may ursue. ATTACHMENT 2 10. PROPOSED ORGANIZATIONAL FRAMEWORK CITY OF CHULA VISTA Mayor City Council I mSTORIC PRESERVATION BOARD/COMMISSION Historian / Architectural! Art Architect / Historic Architect Archaeologist Member Member Member Member Qualified Staff to the Board/Commission Some of the most important concerns in the development of a preservation program revolves around the selection of an appropriate entity to administer and enforce the program and the specific powers that are to be granted to that entity. A. Composition As indicated in the Proposed Action Plan, it is recommended that the seven (7) Board/Commission members be nominated by the City Council and appointed by the Mayor. The three (3) members of the Board/Commission shall meet the Secretary of the Interior's Qualification Standards. The requirements for meeting the Secretary of the Interior's Qualification Standards ensures that members have the necessary technical expertise to review adequately matters before the review body. B. Scope of Powers Just as important as who sits on the review body is what authority that body has to regulate land use activities. Review bodies in various communities across California have wide-ranging responsibilities, including, but not limited to, the following: 14-14 A TT ACHMENT 2 . Survey and identification ofhistorica1ly and architecturally significant structures and areas; . Designation and protection of historic resources and districts; . Review and application for alteration, construction, or demolition of designated properties and all structures within historic districts; . Establishment of standards and procedures for designation of historic properties and districts; . Establishment of standards and procedures for designation of landmarks and historic districts; and . Establishment of educational activities. It is recommended that the final decision-making authority continue to rest on the Mayor and City Council with recommendations from the Board/Commission. C. Relationship to Other Entities A key related topic is whether authority over all preservation-related issues should be located in one review body or dispersed among several such bodies. It is recommended that the Preservation Board/Commission have advisory authority over designations and permit applications, but the decision may be appealed to the City Council. D. Staff-Level Reviews An important issue is the extent to which some, if any, responsibilities under the preservation ordinance should be delegated to staff. Experience around the country shows that it is extremely common for Preservation Boards/Commissions to delegate authority for minor decisions to professional staff. Recommended standards should be established to guide such delegation of authority. The general rule for such delegation of authority is that the Preservation Board/Commission should not be allowed to delegate responsibilities at random, but should be constrained by detailed provisions included in the preservation program or in formally adopted rules and regulations that are referenced in the preservation program. 14-15 ATTACHMENT 2 cm OF CHULA VIsTA HISTORIC P "ATION WORKPRO&RAM PROPOSAL 14-16 - . ATTACHMENT 3 HISTORIC PRESERVATION WORK PROGRAM I. Overview Since the adoption of the General Plan in December 2005, staff has worked toward the development of a comprehensive Historic Preservation Program (HPP) that would incorporate policies of the General Plan, meet the needs of the community, and qualify the City for Certified Local Government status (CLG). The recommended Work Program is designed as a multi-phased approach to the development of the HPP, allowing coordination between staff, city committees and commissions, and the' community at large, towards the goal of completing and adopting the Historic Preservation Program. This project work program is intended to identify and group tasks into manageable parts, include the public and decision makers in the development of the HPP, and provide a collaborative process that will address potential issues prior to adoption of the Program. The proposed Work Program is comprised of three phases: 1) Preparation Phase, 2) Approval Phase and, 3) Implementation Phase. These three phases, when taken together, will result in the adoption of a comprehensive Historic Preservation Program that has the support of the community and decision makers, as well as qualifies the City as a Certified Local Government. II. Certified Local Government (CLG) Status The CLG program is a partnership among local governments, the State Historic Preservation Office, and the National Park Service (NPS) in which the HPP of a local jurisdiction is certified as eligible to receive technical assistance, grant monies and access to other important resources necessary to facilitate local preservation efforts. The benefits of CLG status help offset some of the costs associated with a Historic Preservation Program. To qualify for Certified Local Government status a jurisdiction must meet five requirements: 1.) Adopt a Historic Preservation Plan; 2.) Adopt a Historic Preservation Ordinance; 3.) Establish an adequate and qualified historic preservation review commission; 4.) Provide for public participation; 5.) Maintain a system for the survey and inventory of historic properties. III. The Proposed Historic Preservation Proaram The product of the proposed Work Program will result in a tangible document, comprised of at least 14 different parts. This document will be the City of Chula Vista (HPP). Each part or section is further comprised of suggested resource allocations, guidelines and procedures that address the following criteria: 14-t? 1. Meet the requirements for Certified Local Govemment status; 2. Align with the policies of the General Plan 3. Are based upon the recommendations of the Ad Hoc Historic Preservation Committee and/or accepted practices and guidelines of the State Historic Preservation Office (SHPO). Although individually each section is important, the success of the HPP requires that all the sections build upon one another and function collectively. Since receiving Council direction in 2003, staff has spent a substantial amount of time and effort developing the content and structure of the HPP. In addition to substantial research, staff consulted with the State Historic Preservation Office (SHPO) for guidance and input on the development of the HPP and the proposed Work Program. Both the HPP and the Work Program are strongly supported by SHPO. IV. Work ProQram Approach To finalize and implement the HPP, staff recommends a three-phased Work Program. This approach, as shown below, outlines the necessary tasks for the preparation, approval and implementation of the HPP. Phase I Phase II Phase III Preparation Approval 1. Presentation of the HPP 2. Council Workshop 3. Approval of HPP Framework a) Adoption of HPO b) Approval of Survey Work Program and BUdget 4. Request to Initiate Permanent HPC Implementation 1. Formation of Advisory Committee 2. Review and comment of HPP Content and Structure 3. Review and Comment on Draft HPO 4. Develop Survey Work Program 1. Public Outreach 2. Establish Permanent HPC 3. Apply For CLG Status 4. Initiate Survey Work Program A. Phase 1 - Preparation The first phase of the Work Program is the Preparation Phase. This stage would include the formation of an interim Advisory Committee tasked to review and comment on each section of the HPP, review and comment on the draft Historic Preservation Ordinance, and assist Staff in the development a survey work program for the City. Task 1. Formation of Historic Preservation Advisory Committee (Advisory Committee) One of the first steps Staff proposes is the coordination of staff, city committees and commissions, and the community. This important step helps ensure 14-138 valuable public input is reflected in the goals and objectives of the program. To accomplish this, staff proposes that an interim advisory committee be formed to participate in the completion of the Historic Preservation Program (HPP). Input from this advisory committee will be crucial to finalizing both the content and structure of the HPP. The efforts of the Committee will ensure that diverse. public representation is included in the development of the HPP and that broad based interests are addressed throughout the Work Program It is recommended the Historic Preservation Advisory Committee (Advisory. Committee) be comprised of one person from each of the appropriate committees and commissions (ORC, RCC, PC, TAVA, RAC, and the Heritage Museum Board), as well as 2 members at large with qualifications or special interest in historic preservation for a total of eight (8) members. In addition, it is also recommended that one staff member from Community Development and one staff member from the library also attend committee meetings. Once each committee and commission has selected a representative and altemate, staff will return to Council with the list of the proposed Advisory Committee members and the operational guidelines of the Advisory Committee for ratification before meetings commence. As mentioned, all meetings of the Advisory Committee would be open to the public and public participation would be strongly encouraged throughout all phases of the Work Program. Staff anticipates the sitting members of the Advisory Committee will provide status updates of progress to their respective Committees and Commissions on a monthly basis. The Advisory Committee would commence its efforts immediately upon approval of City Council and will serve in its capacity if and until a permanent commission is formed. The Advisory Committee would sunset upon formation of a Historic Preservation Commission. Phase 1 - Task 1: Staff Resources: Existing staffing and resources (0.5 FTE Associate Planner) , Contract Costs: none i Timeframe: Summer 2007 (completed in approximately 1 month) I -.J Task 2. Review and Comment on ProQram Framework (Content and Structure) Staff has already prepared a draft of the content and structure for the HPP. Each section of the draft HPP will be presented to the Advisory Committee, who will then address any issues or concerns in a collaborative setting and offer recommendations through consensus. 14-f9 Finalization of the draft historic preservation ordinance and development of a survey work program would necessitate approximately 15 meetings of the Advisory Committee. Phase 1 - Task 2: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) and Contract Costs: 10 hours of consultant services for assistance in establishing the committee goals, Objectives and tasks totaling approximateiy $1 ,000.00 Timeframe: The Advisory Committee will commence in August 2007. The content and structure development will require approximately 15 meetings or 8 months with the Committee conciuding its efforts in Spring 2008. Task 3. Draft Historic Preservation Ordinance The Advisory Committee would be introduced to the concepts and component parts of the draft HPO and asked to provide staff direction on the more contentious areas of the ordinance. Ultimately, the role of the Advisory Committee would be to ensure that the draft HPO meets the needs of Chula Vista and it's residents, and that the draft HPO would meet the requirements for Certified Local Government status. It is anticipated that a consultant will be needed to assist with the development of the Historic Preservation Ordinance. Staff will return to Council for budget appropriation and approval of a contract for Task 3 to be completed. Phase 1 - Task 3: Staff Resources: Existing staffing and resources (0.5 FTE) Contract Costs: 25 hours of consuitant services for assistance with regulatory processes and model elements of effective historic preservation ordinances totaling approximately $ 2,500.00 Timeframe: Spring 2008 completion (8 months) I -~ Task 4. Develooment of Historic Resources Survev Work Proaram Staff will work with the Advisory Committee to develop a historic resources survey work program proposal that meets the needs of Chula Vista, as well as qualifies the City for CLG status. The survey options consist of a comprehensive citywide survey approach, a phased priority area approach, and a case-by-case basis approach. The Historic Preservation Advisory Committee and public participation will be instrumental in determining which survey work program . approach would be the most appropriate for Chula Vista. Funding of the survey work program would not be required until Phase 3 of the Work Program; however a professional in historic preservation may be consulted in the development of the survey work program, as well. Budget appropriation for this task would be brought forward with the contract for Task 3. 14-Zb Phase 1 - Task 4: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: 25 hours of consuitant services for historic context development, property identification, and preparation of survey guidelines totaling approximately $ 2,500.00 Timeframe: Spring 2008 completion (6 months) Summarv of Phase 1 Total Resource Needs and Timeframes It is anticipated that the total resource needs associated with Phase 1 will be primarily supported within the existing Planning and Building Budget with partial assistance needed for consultation with a professional in the field of historic preservation. A summary of Phase 1 resource needs, costs, and an estimated schedule is provided below: Needs Summary Phase 1: Staff Resources: Existing staffing and resources (0.5 FTE Assoc. Planner) Contract Costs: 60 hours of consultant selYices for assistance with the Advisory Committee, draft Historic Preservation Ordinance, and structure of a survey work program totaling approximately $ 6,000.00 Timeframe: Phase 1 would commence approximately 9 months and would conclude in the Spring of 2008. B. Phase 2 - Proqram Approval The second phase of the Work Program is the Approval Phase, and involves the coordination of Planning staff with other City departments, City committees and commissions at large, to ensure that each has an opportunity to comment on the Program prior to finalization. Staff will ensure that each department, committee and commission is properly informed and has ample and opportunity to comment on the Program prior to submission to Council. Phase 2 also includes a Council Workshop on the HPP, adoption of a Historic Preservation Ordinance, approval of a Survey Work Program, approval of the comprehensive program document, and a request to form a permanent Historic Preservation Commission. Task 1. Presentation of the Draft HPP to Citv Departments, Committees and Commissions Staff will present information to the appropriate departments, committees, and commissions, for comment and approval after the Advisory Committee has voted to accept the Program. Since each committee and commission would have a member representative on the Advisory Committee it is assumed that each would have some familiarity with the HPP. Once comments are received and 14-~1 necessary reVIsions made with the Advisory Committee, Staff will conduct a Council workshop on the HPP. , , , Phase 2 - Task 1: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: none Timeframe: Summer 2008 completion (3 months) __---1 Task 2. Council Workshop Prior to proceeding to Council with a formal recommendation, staff would conduct a Council Workshop on the HPP. The Council workshop on the HPP will provide staff an opportunity to introduce the specifics of the HPP to Council prior to final adoption. Phase 2 - Tas.;;-;.--------------.---.-----l Staff Resources: Existing staffing and resources (0.5 FTE) Contract Costs: none Tlmeframe: Summer 2008 completion (1 month) Task 3. Approval of the Historic Preservation Proqram (Content & Structure) Once finalized, Staff would bring the final draft HPP forward to Council for approval. The proposed HPP is not static as it is anticipated that sections will be updated and revised as needed to accommodate the future needs of the City. The content and structure of the proposed HPP will allow for future modifications and/or expansion of the HPP. Task 3 a. Adoption of a Historic Preservation Ordinance Staff proposes to submit to Council a draft historic preservation ordinance that will serve to carry out the goals and policies of the city's general plan and would qualify the City for Certified Local Government status. The proposed ordinance will include input from the Advisory Committee, other city departments, committees and commissions. Task 3 b. Approval of proposed Survey Work Program and Associated Budget Staff will present Council with a recommended survey approach, as well as potential survey options and alternatives. Staff will also provide a scope, estimated budget and milestone schedule for all options for 14-22 Council's consideration and approval. Work for this task would not commence until Phase 3 Task 4, as described below. Task 3 c. Adoption of the HPP Document Each .of the sections of the HPP will be brought forward for Council approval. I Phase 2 - Task 3: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: Approval of minimum $60.000.00 for historic resources survey (contract for services would be brought forward for approval at a later date) Tlmeframe: Fall 2008 completion (4 months) Task 4. Establishment of a Historic Preservation Commission (HPC) A qualified Historic Preservation Commission is required to obtain CLG status. Staff will formally request Council initiate the formation of a permanent Historic Preservation Commission. The Historic Preservation Commission, rather than the Resource Conservation Commission (RCC), would be the advisory body to the City Council on historic preservations matters with the roles and responsibilities of the HPC adopted by ordinance. The HPC would have authority on matters pertaining to historic preservation, such as the recognition, preservation, protection and use of historic resources. Staff will work with the Advisory Committee and the Resource Conservation Commission to find qualified members to sit on the Commission. CLG guidelines require the HPC have at least five (5) members, with interest, competence, or knowledge in historic preservation and at least two (2) of the members in the disciplines of history, architecture, planning, anthropology, or related disciplines. Staff will request Council appoint qualified applicants as members to the Commission for a term of at least four (4) years. The specific membership roles, duties, composition and procedural guidelines of the Commission would be specified through ordinance, and brought to Council as part of this task. The Advisory Committee will sunset with the establishment of the HPC. Phase 2 - Task 4: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: none Timeframe: Fall 2008 completion (3 months) ._J 14-213 Phase 2 Total Resource Needs and Timeframes It is anticipated that the total resource needs associated with Phase 2 will be supported within the existing Planning and Building Budget staff. A summary of Phase 2 resource needs, costs, and an estimated schedule is provided below: Needs Summary Phase 2: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: As part of Phase 2, Staff will bring Council a budget request for consultant costs associated with the historic resources survey that will commence In Phase 3. Timeframe: Phase 2 would commence in the Spring of 2008 and conclude in the Fall of 2008 (7 months ). Phase 3 . Implementation The third and last phase of the work program is the Implementation Phase. Once staff obtains Council approval, implementation of the Program may commence. This stage would include, commencement of the Historic Preservation Commission, submission of the Certified Local Government application and initiation of the survey work program. Task 1. Workshops The success of the HPP relies upon public input and support throughout each of the phases. In the spirit of consensus building and public outreach, it remains important to educate the public on the topic of historic preservation, provide opportunities for participation and to keep the public informed about events and activities. Staff would conduct approximately 3 initial public forum workshops (northwest, southwest, and eastern Chula Vista) to introduce the HPP to the community. These workshops would include the participation of members of the newly formed Historic Preservation Commission. ~ i Phase 3 . Task 1: Staff ResourCes: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: none Timeframe: Winter 2009 completion (3 months) Task 2. Historic Preservation Commission Meetinas (on-aoinal The Historic Preservation Commission (HPC) would meet bi-monthly. All meetings of the HPC would be open to the public. The HPC would require an annual budget comparable to that of Resource Conservation Commission for miscellaneous expenditures such as water, travel, and training of the 14-~4 Commission. This budget does not include staff and administrative support services. Phase 3 . Task 2: Staff Resources: Existing staffing and resources (0.5 FTE) Contract Costs: approximately $2,000 per year for miscellaneous Commission expenditures. Timeframe: It is anticipated that the HPC would commence in the Winter 2008 (on-going) Task 3. Applv for Certified Local Government Status The proposed Historic Preservation Program would qualify the City for Certified Local Govemment status. Upon approval of the HPP, the City would formally apply for CLG status. Becoming a CLG would provide the City with special technical assistance and training from the State Historic Preservation Office, as well qualify the City for certain grants and resources necessary to further develop the City's Program. Staff will work with the State Historic Preservation Office and the HPC to compile all necessary documents to apply to CLG status and will return to Council for approval of the CLG application packet. Phase 3 . Task 3: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: none Timeframe: Winter 2008 (1 month) i I ! ~ Task 4. Initiate Survev Work Proqram As a CLG, it is important properties that may be eligible for future recognition or designation by the City of Chula Vista be identified and inventoried.. This inventory will help the City evaluate the quantity and type of historical properties existing in the City, which would be an important tool for future land use and development decisions. Staff will initiate the preferred survey work program as directed by Council. Although it is anticipated that the survey work program would be directed and conducted by staff, local volunteers and the HPC, a professional in the field of historic preservation would be necessary at least on a limited basis. The expertise of a professional consultant would assist in evaluating results and establishing the survey's credibility. Staff would return to Council with survey options prior to commencement of any survey work. Ideally, a historic resources survey would be brought up to date every five years. Future, consultant needs are not included in the consultant costs associated with initiation of the survey work program. 14-2~ . Phase 3 - Task 4: Staff Resources: Existing staffing and resources (0.5 FrE Asso. Planner) Contract Costs: 600 hours of consultant selVices for research, consultation, historic property identification, and data evaluation totaling approximately $60,000.00 minimum to more than $150,000.00. Timeframe; FilII 2008 Phase 3 Total Resource Needs and Timeframes Phase 3 will initiate the implementation phase of the work program. Staff will . commence public workshops and HPC meetings, as well as commence the City's survey work program. A summary of Phase 3 resource needs, costs, and an estimated schedule is provided below: Needs Summary Phase 3: Staff Resources: Existing staffing and resources (0.5 FrE) Contract Costs: 600 hours of consultant services for survey work totaling approximately $60,000.00 minimum Timeframe: Phase 3 would commence in the Winter 2008 and would continue through the Summer 2009. Total Resource Needs for FY 08 and 09 Thus far, development of the proposed Program has been supported within the existing Planning and Building Department budget (.5 FTE Assoc. Planner). Table 1 depicts the task milestones by phase and fiscal year. Table 2 depicts the resource needs by Phase. It should be noted the proposed HPP would be eligible for other sources of funding, such as CDBG disbursements and related grant monies, once the City is approved for CLG status. Currently there is one half-time Associate Planner assigned to Historic Preservation. The staff salary and benefits associated with this position exist in the Planning and Building Department Budget and no further staff allocations are anticipated at this time. In addition to the existing dedicated staff, the Work Program would require a commitment of approximately one hour per week for most other departments, with the approximate cumulative departmental staff hours (not including Planning staff) at 20 hours per month. The associated consultant costs, as shown below, are appurtenant to the Planning and Building budget, with all supplies and services for the work program absorbed by the Planning and Building Budget. 14-"21; Eo< I%: -< = l:.' ~ Ii!: Q Eo< tn ~ ...:l - ::& c o .. l'll - To. . Gl l'll III g- III To. .c a.. Do l:; ~ ..; '" .,. .. ;, ~ ti i ~ J!! '-' ~ J! ~ ., ~ ~ ... B .! .l; '" ~ { '" ~ .!j 9 '-' Table 2 Summary of Budget Costs by Phase 0 N/A 0 2 $6,000 2/3 $2,000 (HPC) + $60,000 $64,000 minimum consultant costs TOTAL $5,000 $65,000 $70,000 Conclusion Staff has worked diligently over the past few years to develop a Historic Preservation Program that would implement the goals and objectives of the City's General Plan and qualify the City for Certified Local Govemment status. The proposed Program is based upon policies of the General Plan, recommendations of an Ad Hoc Historic Preservation Committee, and State accepted guidelines and procedures for the protection of historical resources. Although to date a majority of the Program effort has been completed by staff, to finalize the Program, it is important to receive input and public comment on the specific proposal, most importantly to receive public input on the historic preservation ordinance and survey work program. The Historic Preservation work program, as proposed, would allow city committees and commissions and the community at large to have ownership in a program that will shape the community for years to come. J:\Planning\Lynnette\historic preservation\Program\Blueprint for the Historic Preservation work program\Council Prescntation\5-22-07 documents\EB- Work Prog Rewrite 5-3-2007.doc 14-Zll RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE mSTORIC PRESERVATION WORK. PROGRAM AND AUTHORIZING STAFF TO COMMENCE WITH THE IMPLEMENTATION OF SAID WORK. PROGRAM. WHEREAS, in 2001 Council initially directed Staff to develop a comprehensive Historic Preservation Program; and WHEREAS, in 2003 Council accepted a report entitled "Evaluation of Historic Preservation in Chula Vista", which outlined the recommendations of an Ad Hoc Historic Preservation Committee; and WHEREAS, one of the principle recommendations of the Ad Hoc Historic Preservation Committee was that Chula Vista develop a comprehensive historic preservation program based upon the Certified Local Govemment (CLG) model; and WHEREAS, in 2006 Staff proposed to return to Council in the near future with a draft Historic Preservation Program that would include a historic preservation ordinance and a survey proposal; and WHEREAS, staff has developed a phased Historic Preservation Work Program that is consistent with the policies of the General Plan and the recommendations of the Ad Hoc Historic Preservation Committee; and WHEREAS, the Historic Preservation Work Program is designed to implement the goals and objectives of the General Plan and to advance historic preservation in Chula Vista; and WHEREAS, the Historic Preservation Work Program will help qualify the City of Chula Vista for Certified Local Government status; and WHEREAS, the Historic Preservation Work Program will finalize and implement the draft Historic Preservation Program; and WHEREAS, the Historic Preservation Work Program will necessitate the formation of an interim Advisory Committee tasked to review and provide input on the draft Historic Preservation Program; and WHEREAS, the Historic Preservation Work Program will assist in the development of a Historic Preservation Ordinance and a Survey Work Program; and WHEREAS, the final draft of the Historic Preservation Program will be brought forward to Council upon completion of the Work Program; and 14-29 WHEREAS, completion of the Work Program will result in the formation of a permanent Historic Preservation Commission and a Survey Program for the City; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 31 categorical exemption pursuant to Section 15331 (Historical Resource RestorationlRehabilitation) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Historic Preservation Work Program and authorizes staff to commence the implementation of said Work Program. Presented by: Approved as to form by: ~~~~ tortity Attorney James D. Sandoval Director of Planning & Building 14-30