HomeMy WebLinkAboutAgenda Packet 2000/02/01 CITY COUNCIL AGENDA
February 1, 2000 ~r 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CITY OF
CHULA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John S. Moot City Attorney
Stephen C. Padilia John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 47
"} ~e~.'~'a -,n !~;r ',enmity of '~er/!j;y that I am
er' ... ~ ' ' : ;,: .: ' 's:a in the
F~BR~R~ 1, 2000 4:00 P.M.
CALL TO O~ER
ROLL C~L: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Ho~on.
PLEDGE OF ~LEGI~CE TO T~ FLAG, MOUNT OF S~ENCE
SPECI~ ORDERS OF TE DAY
1 A. Employee Recognition Award of the Month - Anna Kernel, Confidential
Administrative Secreta~, Human Resources Depa~ment. Mayor Ho~on will present a
proclamation.
B. Presentation by the Po~ of San Diego regarding the Regional Airpo~ Master Plan~ng
CONSENT CALENDAR
(Items 2 through 12)
The Cozmcil will enact the stq[f recommendations regarding the .following items
listed under the Consent (~dendar by one motion, withottt discti~s~vion, zmless a
Cotmcilmember, a member ~ the p,blic, or Cfly stqff req,ests that the item be
removed for disc,~s'sion. Zf yo~t wish ~o .~peak on one c~f these items, please .fill oztt
a "Reqt~est to ~S~eak"form (a~,ailable m the lobby) ands,bruit it to the Ci~ Clerk
prior 1o the roecling. Items pzdled.~'om the Co.sent (~lendar will be disc~tssed
qfler ~clion llems. Items lml[ed by the p,blic will be lhe.firsl items of business.
2. ~TTEN CO~ICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge from
obse~ance of actions taken in Closed Session on Janua~ 25, 2000, there were no
actions taken which are required under the Brown Act to be reposed.
Staff recommendation: The letter be received and filed.
B. Letter from The Main Attraction Parent Boosters, Inc. on behalf of student,
Mendy Poehlein, requesting financial assistance for the Main Attraction and
DreamGirls of Chula Vista High School to travel to Europe in a cultural
exchange. Under Policy 159-02, Council has approved the expenditure of ~nds
for various Chula Vista students to attend such ~nctions in exchange for a
presentation to a City youth group.
Staff recommendation: $50 from the Council Contingency Account be granted to
Mendy Poehlein toward expenses incurred for her pa~icipation in Europe with the
Main Attraction and DreamGirls in exchange for which the City will execute a
contract with Ms. Poehlein to make a presentation to one of the City's youth
groups.
C. Letter of resignation from Jeanne M. Reynolds, member of the Mobilehome Rent
Review Commission.
Staff recommendation: The resignation be accepted with regret, and the City
Clerk be directed to post immediately according to the Maddy Act in the Office of
the City Clerk and the public library.
3. RESOLUTION APPROVING THE SIDELETTER TO THE 1998-2001 CVEA MOU -
"PROFESSIONAL ENRICHMENT'
During the negotiation process with the Chula Vista Employees' Association (CVEA) in
June, 1998, it was agreed, via sideletter, to reopen the MOU to address the issue of
Professional Enrichment. As a result, CVEA and Human Resources management
developed an Administrative Policy.
Staff recommendation: Council adopt the resolution. (Director of Human Resources)
4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING McMILLIN OTAY RANCH, LLC AND OTAY PROJECT, L.P. TO
CONSTRUCT PORTIONS OF OLYMPIC PARKWAY FROM BRANDYWINE TO SR
125, PASEO RANCHERO FROM PALOMAR STREET TO OLYlVIPIC PARKWAY,
LA MEDIA ROAD FROM PALOMAR STREET TO OLYMPIC PARKWAY, AND
EAST PALOMAR STREET FROM THE EASTERLY SUNBOW BOUNDARY TO
PASEO RANCHERO IN ORDER FOR THE DEVELOPERS AND/OR THE
COMMUNITY FACILITY DISTRICT NOS. 99-1 AND 97-3 TO BE ELIGIBLE TO
RECEIVE FUTURE CREDIT OR REIMBURSEMENT AGAINST
TRANSPORTATION DEVELOPMENT IMPACT FEES PURSUANT TO
ORDINANCE NOS 2801(C) AND 2802
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH McM1LLIN OTAY RANCH, LLC
REGARDING TRANSPORTATION DEVELOPMENT IMPACT FEES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH OTAY PROJECT, L.P. REGARDING
TRANSPORTATION DEVELOPMENT IMPACT FEES AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT
The City Engineer received letters from McMillin Otay Ranch, LLC and Otay Project,
L.P., requesting authorization to construct roadway facilities identified in the City's
Transportation Development Impact Fee (TDIF) program. The facilities include Olympic
Parkway from Brandywine to SR 125, Paseo Ranchero from Palomar Street to Olympic
Parkway, La Media Road from Palomar Street to Olympic Parkway, and East Palomar
Street from Sunbow's easterly boundary to Paseo Ranchero. Construction of the
improvements will be phased, and the plans are in various stages of approval.
Consequently, the developer has agreed via a letter agreement to comply with the
provisions of Municipal Code Section 3.54.040(C) prior to obtaining TDIF credit against
fees. Adoption of the resolutions will authorize the developers to construct these
Development Impact Fee facilities and be eligible to receive credit against these fees.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
Page 2 - Council Agenda 02/01/2000
5. RESOLUTION OF THE CITY COUNC1L OF THE CITY OF CHULA VISTA
APPROV1NG AN AMENDMENT TO THE REGIONAL WASTEWATER DISPOSAL
AGREEMENT TO INCLUDE THE EAST OTAY MESA SEWER MAINTENANCE
DISTRICT AS A PARTICIPATING AGENCY
In accordance with Section XIV-B of the Regional Wastewater Disposal Agreement, the
County of San Diego requested the City of Chula Vista and all agencies participating in
the Metropolitan Sewerage System (Metro) to approve an amendment to the agreement to
accept the East Otay Mesa Sewer Maintenance District (EOMSMD) as a new
participating agency member. The participating agencies, including the City of Chula
Vista, have approved a Regional Wastewater Disposal Agreement dated May 18, 1998
which, among other provisions, provides for certain contract capacity rights in the Metro
system,
Staff recommendation: Council adopt the resolution. (Director of Public Works)
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHLrLA VISTA
WAIVING THE BIDDING PROCESS AND APPROVING AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE SAN DIEGO TRANSIT CORPORATION
(SDTC) FOR FIXED ROUTE BUS SERVICE FOR THE PERIOD OF JULY 1, 2000
THROUGH JUNE 30, 2001, WITH AN OPTION TO EXTEND AGREEMENT FOR
THE PERIOD JULY 1, 2001 THROUGH JUNE 30, 2002
SDTC began operation of Chula Vista Transit (CVT) on July 1, 1993 under a three-year
agreement with an option to extend that agreement for two additional years. The City
exercised the option to extend the agreement until June 30, 1998. On April 7, 1998,
Council adopted a resolution waiving the bidding process and approving a new
agreement with SDTC for the two-year period, July 1, 1998 through June 30, 2000.
Transit staff has now negotiated an agreement with SDTC for the period of July 1, 2000
through June 30, 200l, with an option for an extension from July 1, 2001 through June
30, 2002.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A REQUEST FROM THE BONITA BUSINESS AND PROFESSIONAL
ASSOCIATION, INC. TO CONDUCT THE SECOND ANNUAL COPPS
(COMMUNITY ORIENTED POLICING AND PROBLEM SOLVING) CHILI COOK-
OFF AT ROHR PARK ON SUNDAY, APRIL 30, 2000
The Bonita Business and Professional Association, Inc. (BBPA) is requesting the use of
Rohr Park on Sunday, April 30, 2000, to conduct a fund-raiser to benefit the Bonita
Public Safety Center and the Polinski Children's Center.
Staff recommendation: Council adopt the resolution and approve the BBPA's request to
have the Chili Cook-Off fund-raiser at Rohr Park, subject to staff conditions. (Director of
Public Works)
Page 3 - Council Agenda 02/01/2000
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING STAFF TO REPLACE THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AD-HOC COMMITTEE PROCESS WITH A
COMMUNITY FORUM PROCESS RECOMMENDED BY HUD
Every year at this time, the Community Development Department's Housing Division
begins the CDBG program process. Incorporated within this process is the solicitation of
an Ad-Hoc Committee of City Commission members to participate in reviewing the
CDBG Public Service funding applications. Each year it becomes more dillcult to find
Commission members to volunteer for the Ad-Hoc Committee because of time
constraints and for other reasons. Therefore, staff is recommending that the Ad-Hoc
Committee process be eliminated and that it be substituted with the implementation of
community forums.
Staff recommendation: Council adopt the resolution. (Director of Community
Development)
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CHANGlNG THE NAME OF OTAY RIO ROAD TO ENTERTAINMENT CIRCLE
On October 5, 1999, the City Council approved changing the name of Otay Valley Road
to Main Street from west of Interstate 805 east to SR 125. The portion of Otay Valley
Road from where it turns south to the City boundary was renamed Heritage Road.
At the time of the Council action, Coors Amphitheatre asked to tneet with staff to find a
solution that would remove any possibility of future address changes for the
Amphitheatre. In November 1999, Coors Amphitheatre requested that Otay Rio,
Spyglass Hill and Castle Pines Avenue be changed to Entertainment Circle. Staff worked
with Knott's Berry Farm to receive their input and agreement to the name change. Otay
Rio Road is the only public street; therefore, it is the only one that requires Planning
Commission/City Council action to change.
Staff recommendation: Council adopt the resolution. (Director of Community
Development)
10 A. RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THAT EMERGENCY REPAIRS TO GREG ROGERS PARK ARE
NEEDED AS AN URGENT NECESSITY FOR THE PRESERVATION OF LIFE,
HEALTH, AND PROPERTY AND WAIVING THE FORMAL BIDDiNG PROCESS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN EMERGENCY REPAIRS AND IMPROVEMENT AGREEMENT
WITH ACI SUNBOW, LLC REGARDiNG CREDIT FOR EMERGENCY REPAIRS
TO GREG ROGERS PARK, AND AUTHORIZiNG THE MAYOR TO EXECUTE
SAID AGREEMENT
C. RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG A LICENSE AGREEMENT WITH PACSOUTH GROUP, LLC TO
ENTER GREG ROGERS PARK TO MAKE EMERGENCY REPAIRS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 4 - Council Agenda 02/01/2000
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN INDEMNITY AGREEMENT WITH ACI SUNBOW, LLC FOR THE
EMERGENCY REPAIRS AT GREG ROGERS PARK, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED)
The fencing and dugout areas in the Little League field area at Greg Rogers Park have
deteriorated to the point that safety and security issues have arisen. With the start of
Little League season on March 1, City staff is concerned about making the necessary
repairs in time. Under the City Charter, public works projects on public facilities, such as
Greg Rogers Park, which involve an expenditure of $50,000 or more for repairs or
construction, must be done by written, advertised bids to the lowest, responsible bidder.
However, Section 1009 of the Charier allows Council to let contracts without advertising
for bids if the work is deemed to be of urgent necessity for the preservation of life, health
or property. Staff proposes that ACI Sunbow (Ayres Land Company, Inc.) perform the
emergency repair work by contracting with PacSouth Group, LLC, to satis~ part of its
park obligations, as required by Tentative Map No. 90-02, Subdivision Improvement
Agreements, and Supplemental Subdivision Improvement Agreements for Sunbow II.
Staff recommendation: Council adopt the resolutions. (Assistant City Manager Morris)
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE -
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST),
APPROVING THE FORM OF A SUPPLEMENTAL BOND INDENTURE TO
PROViDE FOR THE REPRICING AND REMARKETING OF THE 1999 SPECIAL
TAX BONDS AND AUTHORIZING THE PREPARATION AND DISTRIBUTION OF
A SUPPLEMENT TO THE OFFICIAL STATEMENT
In November 1999, the Council approved the issuance of $23 million of Special Tax
Bonds for Community Facilities District 99-1. Although bonds were successfully sold in
December, due to developer ownership changes that occurred near the time of the bond
sale closing date, it is necessary to thoroughly disclose this information to existing and
potential investors and to remarket the bonds. The first step required in order to
accomplish the remarketing is to amend the existing bond indenture to allow for such a
process,
Staffrecommendation: Council adopt the resolution. (Deputy City Manager Powell)
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROV1NG THE APPROPRIATION OF $45,600 FROM THE AVAILABLE FUND
BALANCE OF THE GENERAL FUND TO THE PLANNING AND BUILDING
DEPARTMENT BUDGET IN ORDER TO FINALIZE PAYMENT TO PBR FOR
WORK COMPLETED ON THE CITY-WIDE PARKS MASTER PLAN (4/STHS
VOTE REQUIRED)
As a result of a dispute between PBR (the park planning consultant) and City staff
regarding billings and work completed on the City-wide Parks Master Plan, staff requests
an appropriation to settle accounts with PBR for work completed
Staff recommendation: Council adopt the resolution. (Director of Planning and Building)
Page 5 -Council Agenda 02/01/2000
ORAL COMMUNICATIONS
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public heartilgs as
required by law. If you wish to speak to any item, p/ease fill out a "Request to
Speak" form (available in the lobby) and ~wbmit it to the City Clerk prior to the
meeting.
13. CONSIDERATION OF AN AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE
COMPANY, LLC FOR EASTLAKE III (PCM-00-IG)
ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTiNG AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC
FOR EASTLAKE IlI (TRAILS, WOODS, VISTAS, BUSINESS CENTER
EXPANSION, OLYMPIC TRAiNING CENTER AND LAND SWAP)
This item is to consider an amended and restated development agreement for EastLake
III. The original development agreement for EastLake III was executed and recorded in
April 1990 and is set to expire in April 2000. Both the City and EastLake are desirous of
extending the term of the agreement for another 10 years to April 2010. The basic
provisions of the agreement remain unchanged; the focus of the amendment is an update
and change to reflect contemporaneous conditions in City codes and ordinances. Also,
the provisions of certain park agreements entered into since 1990 are incorporated so that
all of those provisions are consolidated into one document. The amended development
agreement will cover 1,514 acres of the original approximately 3,000 acres of EastLake
property.
Staff recommendation: Council conduct the public hearing and place the ordinance on
first reading approving the amended development agreement. (Director of Planning and
Building)
14. CONSIDERATION OF THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON
A PORTION OF LAND LOCATED WITHiN VILLAGE FIVE OF THE OTAY
RANCH SPA ONE FOR THE CONSTRUCTION OF A PASEO AND PARK P-9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARiNG THE PUBLIC iNTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN
REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY
SLOPE AND DRAINAGE EASEMENT iNTERESTS TO SATISFY OFF-SITE
CONDITIONS FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 CTM
97-02") FOR THE OTAY RANCH PASEO AND PARK PROJECT (CONTINUED
FROM JANUARY 25, 2000) (4/5THS VOTE REQUIRED)
Page 6 Council Agenda 02/01/2000
Approval of the resolution will initiate eminent domain proceedings to acquire the fee
simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in
Village Five of the Otay Ranch SPA One. The condemnation will also include the
granting of temporary and permanent easements for slope and drainage purposes, which
are necessary to construct said paseo and park.
Staff recommendation: Council conduct the public hearing and adopt the resolution.
(Director of Public Works)
ACTION ITEMS
15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
SUPPORTING PROPOSITION 26: SCHOOL FACILITIES, LOCAL MAJORITY
VOTE, BONDS, TAXES, INITIATIVE CONSTITUTIONAL AMENDMENT AND
STATUTE
At the City Council meeting of 1/25/2000, staff was instructed to provide an analysis of
Proposition 26, a proposal which will appear on the primary ballot March 7, 2000. This
proposition allows school facilities bond measures to be approved by a majority (rather
than two thirds) of the voters in local elections. It also allows property taxes to exceed
the current one-percent limit in order to repay the bonds. While there is no direct fiscal
benefit to Chula Vista, passage of this proposal will provide a tremendous benefit to local
school districts with which the City works in partnership on many different projects and
programs.
Staff recommendation: Council adopt the resolution. (City Manager Rowlands)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
16. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
17. MAYOR'S REPORTS
18. COUNCIL COMMENTS
ADJOURNMENT to a Closed Session and thence to an Adjourned Meeting on February 10,
2000, at 4:00 p.m. in the Council Conference Room and thence to the Regular Meeting of
February 15, 2000 at 6:00 p.m. in the Council Chambers. The Regular Meeting of February 8,
2000, has been cancelled due to the Mayor's State of the City Address to be held on that date.
Page 7 - Council Agenda 02/01/2000
CI'IY OF
CHULA VISI'A
OFFIGE OF THE GITY A'FI'OI~NEY
Date: January 26, 2000
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney ~'~"
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 1/25/00
The City Council of the City of Chula Vista met in Closed Session
on 1/25/00 to discuss:
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
Fritsch v. City of Chula Vista, District Case No. 98-CV-0972-E
CGA
The Redevelopmerit Agency of the City of Chula Vista met in Closed
Session on 1/25/00 to discuss:
· CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
Property:
1) 565-010-30 and 567-011-25 Midbayfront 96.57 acres
2) 567-010-28 Bayfront Park 4.94 acres
3) 567-011-01, 565-010-12, 565-010-15 SDG&E ROW 9.8 acres (apprx)
portion of 565-010-18
4) 567-021-11, portion of 565-290-39 SD&AE ROW 2.3 acres (apprx)
5) 565-310-09 & 565-310-25 Street Merziotis 6.35 acres
6) 567-011-04 Marina Motor Hotel 1.0 acres
7) 567-010-18 Cappos 2.01 acres
8) 567-010-19 Shangri La 2.73 acres
9) 567-021-32 Lagoon Drive Park 1.14 acres
Negotiating Redevelopment Agency/City of Chula Vista (Chris Salomone);
Parties: Chula Vista Capital, B.F. Goodrich, SDG&E, Tuchscher
Development Enterprises, Inc.
Under Price and terms for disposition/acquisition
Negotiations:
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
276FOURTHAVENUE-CHULAVIS~oCALIFORNIA91910.(619) 691.5037.FAX(619)409_5823
!D ' -- "A RECOGNIZED EXEMPLARy SCHOOL"
- ~ ~ :T ~ ~# F~ --1984 ,_ CAL/FO/~'~A STATE DEPARTtd'ENT OF EDUCATION
' ~ ' ';;'~' "'* ~ ~-' ;~' 'L~ .~.~19~L ~TTED ~TATES DEPARTI'4EINT OF EDUCATION
997 - CALIFO,R,NIA D[ST,~[OUISHED SCHOOL
! ..... ;,--.~ .... Z99,7-CALFORMABLUERIBBOHSCHOOL
Dear Friend.
We would like to introduce you to TIIE i~41N ATI'I~CTION ~nd DpuC.~IIGiipd. S, our award-winning
Performance Show-Choirs [rom the School for the Creative and Performing Arts. It consists of 75 o~ the best singers and
dancers from Chula Vista High School, a 1996 recipient of the Cali)~or.~ DLv~in~.lia'hed SchoolAward.
The Main ,4tlract~on is in their seventh year under the direction o~ Tony Ati~nza. DrearrlGirlf are in their third year.
They have proudly represented thcfr community of San Diego by per/ormin in conventions loc
public performances all over Southern California San Francisco H w"g,al ~lementary schools and
orjaodo, .ori a and the ahama., They are the ou.g amha aho;a Fa.., Canada,
l~nis year they have been invited to travel to E~roFe a cultural exchange representing the state
1996 and 1997, they have placed in the top Four in every festival competition they partici. patcd ja, includjagJ~rs~pl~ce at th~
California Music Educators Association annual show-choir Festival, and the FuLlerton CoLlege J'a.zz Festival, where they
placed.F/rs~ n~,oyears ~ ~ row! among a total of lS0 show-choirs From aH over the state of Ca~ornia and Nevada!
DreamGirls made show-choir history hy taking home FIRST PLACE at their ve~ Fu'st competition in 1998!
We need your support to help these talented students make a dinefence in todav's society. We are doing our best
to heip the students ~nd~ralse as much as possible so that there will be minimal out-o[-p~ckct expenses from the~' Eamfi~es
in order to have a prosperous year; however, there is so much more to do ~ancially to make ~is year successful. None of
our chijdren should be missing these great. opportunities offered to them because of Emancjal difSculties.
To further help The MG~n ztunzc~ion, ag of the student's parents gathered together in 1994 and ~ormed The
MGm ~ffrac[~on ParenL~ Boosters, Inc., a non-profit paren~/~iends support organization to help'these teeuager's dreams
become realities.
· We are seeking gTants, g~ts and donations to help fund this spectacular program. We hope to gain your support
as a maSor sponsor and contributor to keep the I~e arts alive in our schools and showcase our Ernest youth! Wc would
like to invite you to our performances to see what 771e Main .~ttr~cl~on and Dre~mGirl~ are really about! For more
in£ormation regard jag any upcoming concert performances please call (619)691-S775.
Onoe again, thank you For your contribution and support~g T~, .rv/a~n ~cabn and Dre~mGir~!
Thank You,
"s']$50 - $99 PATRON MF.,MBER ~ $1SO - $199 DtRECI'OR'S GUILD
[~ $100- $149 PERFORMER'S GUrLD ["] $Z00 and above BLUE & SILVER AMBASSADORS
Please send your tax-deductible donation to: THE MAIN ATI'RACTION PARENT BOOSTERS, Inc.
Chula VIsta nigh schooI-scpA
820 FOURTH AVENUE
CHULA VISTA, C/L 91911
*l wish to have my donation sponsor the following student: V'fXc3
NAME
CITY
ST_ ZIP PHONE (
820 Fourth Avenue Ghula Vista, CA 9191 t
January 23, 2000
Jeanne M. Reynolds
128 Sierra Way
Chula Wsta, CA 9191
Juan Arroyo
City of Chula Vista Community Development
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Arroyo,
Enclosed you will see the letter to our Mayor requesting that I be removed
from the Mobile Home Rent Review Commission.
It has been a pleasure to have been able to work with you and your staff.
I am so impressed with the level of professionalism that has been
developed by staff working with the Commission since my first encounter.
It has also been a pleasure to work with Leilani Hines and Hal
Valderhaug. Please extend to them my thanks for all their help.
Sincerely,
Jeanne M. Reynolds
Member
Cc: Honorable Mayor Shirley Horton
Encl.
COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE February l, 2000
ITEM T1TLE: Resolution Approving the Siddetter to the 1998-2001 CVEA MOU -
"Professional Enrichment"
SUBMITTED BY: Director of Human Resources 0~
REVIEWED BY: City Manage~ (4/51h Vote: Yes. NoX.~J
SUMMARY: During the negotiation process with the Chula Vista Employees' Association
(CVEA) in June, 1998, it was agreed, via sideletter, to reopen the MOU to address the issue of
Professional Emiehment. As a result, CVEA and Human Resources management developed the
attached Administrative Policy.
RECOMMENDATION: Adopt Resolution Approving Sideletter to CVEA MOU
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The purpose of the CVEA re-opener on Professional Enrichment was to bring
the Professional Enrichment pohcy in line with current IRS guidelines while maximizing available
funds for all represented employees.
The proposed policy complies with IRS guidelines for employer-provided educational assistance
and is consistent with the Professional Enrichment benefits as negotiated with CVEA.
Specifically, Professional Enrichment funds may be used for:
· Seminar a~d training programs
· Undergraduate tuition (with certain conditions)
· Mandatory college costs
· Course-required textbooks
· Professionally-related dues
· Professional licensing
· Mileage
Professional Enrichment funds may not be used for:
· Graduate-level college programs
· Education involving sports, games, hobbies (with certain exceptions)
· Meals
Lodging
· Transportation
· Tools and supplies
All other provisions of the policy pertaining to the approval and reimbursement process are
consistent with current practice. While "Professional Enrichment" will remain the official title of
this benefit, for purposes of clarity, it will be referred to as "Supplemental Training and
Development Funds."
FISCAL IMPACT: Since this is a policy rather than a change in benefits, there is no fiscal
impact.
COUNCIL AGENDA STATEMENT
Item //~
Meeting Date 2/1/2000
ITEM TITLE: A) Resolution Authorizing McMillin/Otay Ranch, LLC and Otay
Project, L.P. to construct portions of Olympic Parkway from Brandywine to SR
125, Paseo Ranchero from Palomar Street to Olympic Parkway, La Media Road
from Palomar Street to Olympic Parkway, and East Palomar Street from the
Easterly Sunbow Boundary to Paseo Ranthero in order for the developers and/or
the Community Facility DistrictNos. 99-1 and 97-3 to be eligible to receive future
credit or reimbursement against Transportation Development Impact Fees pursuant
to Ordinance Nos. 2801(C) and 2802
B) Resolution Approving an agreement with McMillin/Otay
Ranch, LLC regarding Transportation Development Impact Fees and authorizing
the City Manager to execute the agreement
C) Resolution Approving an agreement with Otay Project, L.P.
regarding Transportation Development Impact Fees and authorizing the City
Manager to execute the agreement
SUBMITTED BY: Director of Public , orks ~
REVIEWED BY: City Manager ~
(4/5ths Vote: Yes No X )
The City Engineer received letters from McMillin/Otay Ranch, LLC and Otay Project, L.P., requesting
authorization to construct roadway facilities identified in the City's Transportation Development Impact Fee
(TDIF) program. The facilities include Olympic Parkway from Brandywine to SR 125, Paseo Ranchero
from Palomar Street to Olympic Parkway, La Media Road from Palomar Street to Olympic Parkway and East
Palomar Street from Sunbow's easterly boundary to Paseo Ranchero. Construction of the improvements will
be phased and the plans are in various stages of approval. Tonight's action authorizes the developers to
construct these Development Impact Fee facilities and be eligible to receive future credit against these fees.
Ordinance Nos. 2801(C) and 2802 outline developer requirements that must be met prior to Council
consideration of TDIF credit. However, these ordinances allow modification of the requirements via
agreements. Consequently, the developers have agreed via the agreements attached as Exhibits B and C to
comply with the provisions of the Municipal Code Section 3.54.040(C) prior to obtaining TDIF credit against
fees. According to Ordinance Nos. 2801(C) and 2802, the Director of Public Works will determine the credit
amounts.
RECOMMENDATION: That the City Council adopts the resolutions authorizing McMillin/Otay Ranch,
LLC and Otay Project, L.P. to construct the Transportation Development Impact Fee (DIF) facilities and
approving the agreements with the developers to ensure compliance with the TDIF ordinances prior to the
Director of Public Works granting credit against fees.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
Page 2,Item
Meeting Date 2/1/2000
DISCUSSION:
Pursuant to the Municipal Code, McMillin/Otay Ranch, LLC and Otay Project, L.P. sent letters to
the City requesting authorization to construct DIF facilities and receive Transportation Development
Impact Fee credits for portions of Olympic Parkway from Brandywine to SR 125, Paseo Ranchero
from Palomar Street to Olympic Parkway, La Media Road from Palomar to Olympic Parkway and
East Palomar Street from the easterly Sunbow boundary to Paseo Ranchero. The developers'
obligations to finance and construct these improvements are outlined in the Olympic Parkway
Financing Agreement approved by Council in April of 1999 by Resolution No. 19410.
Otay Project, L.P. TDIF Improvements
Otay Project, L.P. will construct Olympic Parkway from Brandywine to SR 125 (except that portion
to be constructed by McMillin), Paseo Ranchero and East Palomar Street. These street segments are
identified as Project Nos. 16, 23(b), 24(a) and 26 in Section 3.54.030 of the Municipal Code. Otay
Project, L.P. publicly bid their grading work for the entire length of Olympic Parkway, the
improvements for Olympic Parkway from Brandywine to Paseo Ranchero, and the improvements
for Paseo Ranchero from Palomar Street to Olympic Parkway. The remaining work that is Otay
Project, L.P.'s obligation will be bid at a future date after plan review and approval.
The Municipal Code requires that City Council approve the developers' request for authorization
to commence construction of improvements which may be eligible for TDIF credit. Typically,
bonds, plan approvals, etc. are required to be in place prior to Council approval of the request.
According to the TDIF Ordinances and Municipal Code, these provisions may be modified upon
agreement between the City and the developer. Otay Project, L.P. has executed an agreement which
provides that once the developer has met all the requirements of Section 3.54.040 of the Municipal
Code, including the provision of bonds, the developer is eligible to receive TDIF credit pursuant to
the Municipal Code. (The credit amount is determined by the Director of Public Works according
to the Municipal Code.) Staff recommends acceptance of the agreement because it enables Council
to grant authorization to the developer to construct these pending, key facilities in a single action.
Otherwise, as the plans are ~nalized and bonds are provided, Council would be requested to grant
authorization multiple times as each grading, improvement or landscape plan is approved and bonds
provided. This change in procedure is authorized by Section 3.54.040, Subsection C(1 I) of the
Municipal Code.
The City requires projects to be competitively bid if included in a Community Facilities District
(CFD) and completed after the formation of the CFD. The Otay Project, L.P. projects under
discussion tonight are being financed by CFD 99-01 and have been publicly bid in compliance with
the requirements of CFD 99-01. Note that Otay Project, L.P.'s TDIF credit will be assigned to the
properties within CFD 99-01 pursuant to the provisions of CFD 99-01.
McMillin/Otay Ranch. LLC Improvements
McMillin/Otay Ranch, LLC will construct Olympic Parkway (fi-om La Media to Palomar Street) and
La Media (from East Palomar to Olympic Parkway). These street segments are identified as Project
Nos. 24(a) and 10(b), respectively, in Section 3.54.030 of the Municipal Code. McMillin received
Page 3,Item
Meeting Date 2/1/2000
three bids for the grading work for these road segments of Olympic Parkway and La Media. The
improvement work for these road segments will be bid at a future date after plan review and
approval.
McMillin/Otay Ranch, LLC has executed an agreement which provides that once the developer has
met all the requirements of Section 3.54.040 of the Municipal Code, including the provision of
bonds, the developer is eligible to receive TDIF credit pursuant to the Mtmicipal Code. Staff
recommends acceptance of the agreement because it enables Council to grant authorization to the
developer to construct these pending, key facilities in a single action.
Construction Schedule and TD1F Credits
The grading and Poggi channel construction for Olympic Parkway commenced in October 1999.
Construction of street improvements, including landscaping, for Olympic Parkway (Brandywine to
Paseo Ranchero) and for Paseo Ranchero (Palomar Street to Olympic Parkway) is anticipated to
commence in March 2000. These roadway segments constitute Phase 1 of the improvements as
outlined in Exhibit B Of the Olympic Parkway Financing Agreement. Staff expects the other
segments to begin construction at a future date, pursuant to that agreement. A summary of projects,
bids and estimates is on file in the Department of Public Works.
Under the Transportation DIF ordinance, the developers will be entitled to a credit pementage, the
level of which depends upon the status of bonds and project bids. According to the ordinance, the
credit amounts and final costs will be determined by the Director of Public Works and will be done
at afuture date. Additionally, credit will be assigned pursuant to the requirements of CFD99_01
and CFD 97-03.
TDIF Credit Procedure
The TDIF ordinance provides a procedure for issuance of credits or tender of reimbursement offer
to developers. The developers, pursuant to the agreements considered tonight, are required to
comply with the procedural requirements of the TDIF ordinance in order to receive TDIF credit.
The developers will need to provide the following information before TDIF credit for Olympic
Parkway, Paseo Ranchero, La Media Road, and East Palomar Street is determined and assigned by
the Director of Public Works:
I. Provide a project description along with estimates or bids for credit.
2. Submit and receive approval of grading and improvement plans. Plans have been approved
for Olympic Parkway grading from Brandywine to SR 125, for Olympic Parkway
improvements from Brandywine to Paseo Ranchero (bid set), for Olympic Parkway storm
drain t~om Paseo Ranchero to SR 125, for Paseo Ranchero improvements and for La Media
grading.
Page 4,Item
Meeting Date 2/1/2000
Provide performance bonds. Bonds have been received for Olympic Parkway grading from
Brandywine to SR 125 including storm drain construction and for La Media grading.
Provide and secure easements and rights-of-way for the project.
Provide all necessary permits and environmental clearances for construction of the projects.
The environmental permits to construct the projects have been obtained. The developers also
pay all required permit and plan check fees via development agreements with the City.
3. The TDIF ordinances require a developer to secure at least three (3) qualified bids for the
work to be done. The developers have complied with this requirement for all construction
contracts bid to date. The TDIF ordinances also require that the contract be awarded to the
lowest bidder. This has been the case with all the construction contracts bid to date.
4. When all work has been completed to the satisfaction of the City, the developers will submit
verification of payments made for the construction of the project to the City. The Director
of Public Works will make the final determination on expenditures which are eligible for
credit or reimbursement.
5. The developers will receive credit against required Development Impact Fees at the time of
issuance of building permits or pursuant to the CFD.
FISCAL IMPACTS: None to the City. The developer will pay all related City staff costs including
those for inspection and administration of the TDIF credit procedure. Staff estimates that once the
remaining items are submitted by the developers, Otay Project, L.P. or CFD 99-01will be eligible
to receive $23,335,900 in credit and McMillin/Otay Ranch, LLC or CFD 97-03will be eligible to
receive $11,966,000 in credit. Final amounts will be based on final costs as determined by the
Director of Public Works.
Exhibits: A. Plat of Improvements
B. Request letter and agreement-Otay Project, L.P.
C. Request letter and agreement-McMillin/Otay Ranch, LLC
File No.: 0730-95-HX056
H:\SHAREDXATTORNEYXDIFOLyI~.~DOC by DDS (word perfect)
January 27, 2000 (9:35am)
COUNCIL AGENDA STATEMENT
Item ,-~
Meeting Date 2/1/00
ITEM TITLE: Resolution Approving an amendment to the Regional Wastewater
Disposal Agreement to include the East Otay Mesa Sewer Maintenance District
as a Participating Agency
SUBMITTED BY: Director of Public Works T~L/
REVIEWED BY: City Manager~ (4/5ths Vote: Yes__No X )
In accordance with Section XIV.B, of the Regional Wastewater Disposal Agreement, the County of
San Diego requested the City of Chula Vista and all agencies participating in the Metropolitan
Sewerage System (Metro) to approve an amendment to the agreement to accept the East Otay Mesa
Sewer Maintenance District (EOMSMD) as a new participating agency member. The participating
agencies, including the City of Chula Vista, have approved a Regional Wastewater Disposal
Agreement dated May 18, 1998, which among other provisions provides for certain contract capacity
rights in the Metro system.
RECOMMENDATION: That Council approve a resolution approving an amendment to the Regional
Wastewater Disposal Agreement to include the East Otay Mesa Sewer Maintenance District as a
Participating Agency.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On June 16, 1999, the San Diego County Board of Supervisors established the EOMSMD for the
purpose of providing sewage collection and transportation services for emerging developments in the
unincorporated East Otay Mesa area. The district includes approximately 2,186 acres. The district
will not be requesting "new contract capacity" as defined by the agreement. In September 1991, the
Spring Valley Sanitation District purchased 1 million gallons per day (mgd) of existing contract
capacity from the City of National City. This capacity was planned to be transferred to the
EOMSMD following its formation. The Spring Valley Sanitation District has retained the 1 mgd of
acquired capacity in the reserve for its eventual transfer to the EOMSMD upon completion of the
district formation process. The Regional Wastewater Disposal Agreement (pursuant to Section XIV.
General B) provides that all participating agencies shall approve any amendments to the agreement.
FISCAL IMPACT: None.
File No: 0790-65-KY060
H:\HOME\ENGINEER\AGENDA\EOMSMD.SMN
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 2/1/00
ITEM TITLE: Resolution Waiving the Bidding Process and Approving
Agreement between the City of Chula Vista and the San Diego Transit
Corporation (SDTC) for Fixed Route Bus Service for the period July 1,
2000 through June 30, 2001, with an Option to Extend Agreement for the
period July 1, 2001 through June 30, 2002
SUBMITTED BY: Director of Public Works q~
REVIEWED BY: City Manager (4/5ths Vote: Yes No X )
SDTC began operation of Chula Vista Transit (CVT) on July 1, 1993 under a three year term
agreement with an option to extend that agreement for two additional years. The City exercised
the option which extended the agreement until June 30, 1998. At its meeting on April 7, 1998,
Council adopted a resolution waiving the bidding process and approved a new agreement with
SDTC for the two year period July 1, 1998 through June 30, 2000. Staff recommended waiving
the bidding process at that time primarily for the following reason: uncertainty regarding two
important factors affecting CVT operations and maintenance - whether to change the fleet from
diesel to CNG, and the location and completion of a new Public Works Yard ("Yard").
Decisions have been made to change the CVT fleet to CNG and to begin development of the new
Yard. The 15 CNG buses on order are scheduled for delivery in late Summer or early Fall 2000,
and the estimated completion of the new Yard is Spring 2001. Before completion of the Yard,
many CVT activities - including fueling, maintenance, bus parking, and operations - will be split
between the current and new locations. Consequently, it would be impractical to issue a Request
for Proposal (RFP) and potentially change the CVT contract operator until transit has been
relocated permanently to the new Yard.
Transit staff negotiated an agreement with SDTC for FY01 (July 1, 2000 through June 30, 2001),
and an option for FY02 (July 1, 2001 through June 30, 2002). FY01 includes two costs, one
based on the current operation of an all diesel fleet, and the second based on delivery of the 15
CNG buses. The FY02 cost assumes relocation of all transit operations to the new Yard. The
FY01 cost prior to the delivery of the new buses is $3,449,250, or $2.5550 per mile, a slight
increase over the current fiscal year contract cost of $3,447,780, or $2.5541 per mile. The FY01
cost after delivery of the new buses, which involves off-site fueling and parking, is $3,503,250, or
$2.5950 per mile, a 1.6% increase. The FY02 option year cost is $4,003,186, or $2.5498 per
mile, which assumes relocation to the new Yard and a 16% increase in annual miles operated due
to proposed service increases. The FY02 total cost increase over FY01 is 14.2%, but the mileage
rate is a decrease of 1.7% due to the increase in miles operated.
Page 2, Item
Meeting Date 2/1/00
RECOMMENDATION: That Council adopt resolution waiving the bidding process as
impractical in accordance with Section 2.56.070 of the Chula Vista Municipal Code and approve
agreement between the City of Chula Vista and San Diego Transit Corporation (SDTC) for FY01
(July 1, 2000 through Jtme 30, 2001), with an option to extend the agreement for FY02 (July 1,
2001 through June 30, 2002).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Two major changes affecting CVT operations and maintenance will occur next fiscal year (FY01):
15 CNG buses will be delivered in Fall 2000 which is the first phase of replacing the CVT diesel
fleet; and Public Works Operations, including transit, will relocate to the new Yard. Transit's
relocation to the Yard will be phased because of certain operations and maintenance requirements,
including the following:
Fueling: When the 15 CNG buses are delivered in Fail 2000, they must be fueled either at
the new Yard or at SDTC's maintenance facility at 16th Street and Imperial Avenue in San
Diego. Although staff will attempt to have the CNG fueling facility at the new Yard
operational by the time the CNG buses arrive, there may be a period when the SDTC
facility must be used. Additional personnel will be required to shuttle the buses from the
current Yard to either CNG fueling location until transit has relocated completely to the
new site.
· Bus Parking: Since there is no space at the current Yard to park additional buses,
accommodation will be made at the new Yard to park the newl5 buses after delivery.
Maintenance: Since maintenance of CNG buses in an enclosed garage necessitates
specific safety requirements, including ventilation and gas detection devices, the CNG
buses will have to be maintained outside at the current Yard until the new garage is
completed.
Therefore, until all transit operations and maintenance functions have been relocated to the new
Yard, the CVT contract operator will be carrying out many functions at two locations. In addition
to the these logistical procedures, the integration of 15 CNG buses into the fleet is a significant
task by itself, involving training for mechanics and bus operators, and establishing a parts
inventory for the new buses. Finally, SDTC has done a commendable job of keeping the oldest
CVT buses serviceable, and these buses must continue to be used until the 15 new buses are
delivered and put in service.
COUNCIL AGENDA STATEMENT
Item: r7
Meeting Date: 02/01/00
ITEM TITLE: Resolution: Approving a request from the Bonita
Business and Professional Association, Inc. to conduct the
Second Annual COPPS (Community Oriented Policing and
Problem Solving) Chili Cook-Off at Rohr Park on Sunday,
April 30, 2000.
SUBMITTED BY: Director of Public Works ~'//~
REVIEWED BY: City Manager (4/5 Vote Req. Yes__ No x )
The Bonita Business and Professional Association, Inc. (BBPA) is requesting the
use of Rohr Park on Sunday, April 30, 2000, to conduct a fund-raiser to benefit
the Bonita Public Safety Center and the Polinski Children's Center.
STAFF RECOMMENDATION: That Council adopt the resolution and approve
the BBPA's request to have the Chili Cook-Off fund-raiser at Rohr Park, subject
to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: The BBPA initiated a community fund-raising event last year at
the Bonita Village Shopping Center for the specific purpose of deferring rent
expense for the Bonita Public Safety Center located in the Shopping Center. The
Center functions as a police storefront for the Chula Vista Police Department, the
County Sheriff Department and the California Highway Patrol and their respective
Senior Volunteer Patrols. The funds raised last year helped fulfill the BBPA's
commitment to pay the rent for the center. The BBPA has also earmarked 50%
of the funds from this year's event for the Polinski Children's Center.
The BBPA is requesting the area around Rohr Manor building, the cement slab
for entertainment, the large picnic shelter, and the service road to set up displays
and booths for the event. The attached plan submitted is tentative until all of the
participating safety agencies provide their needs to the BBPA's coordinator.
The first chili-cook-off in the Shopping Center attracted over 1,200 participants
and generated approximately $2,000. The BBPA envision a larger turnout this
year and believe Rohr Park is better suited to handle a larger event. Permission
to conduct the event is required well in advance to get vendors, publicity and
organization details completed. The event activities will include:
1. Food vendors
2. Craft vendors
3. *Live entertainment from 11:00am to 5:30pm. Live entertainment includes:
Country Western, Salsa Jazz, and Bonita Vista High's "Music Machine"
4. Public Safety vehicles and equipment display (swat team trucks, patrol cars,
**helicopter, and information tables).
5. Chili Cook-Off area
* Amplified music will be monitored to lessen the impact to adjacent homes.
**Helicopter will be displayed only if sufficient room is available to land safely.
Staff is recommending approval of this event with the following conditions:
1. Provision of a Certificate of Public Liability for $1 million dollars, naming the
City of Chula Vista as additional insured and approved by the Risk Manager.
2. Execute the City's Standard Hold Harmless Agreement.
3. Guarantee to leave City Property clean and repair any damaged to grounds
via a $500 refundable cleaning deposit.
4. Provision of sufficient number of portable restrooms to supplement the park
restrooms.
5. Waiver of all Shelter rental fee as permitted in the Policies and Requlations
Governin~l Use Permits For City Parks Facilities.
FiSCAL IMPACT: Waiver of the $100 rental fee for the larger shelter and
administrative cost to process this request will be incurred by the City. The
BBPA will incur all other costs.
Attachments: 1. Letter from BBPA
2. Facility Use Agreement
CITY COUNCIL AGENDA STATEMENT
ITEM NO,
MEETING DATE 09/01/2000
ITEM TITLE: RESOLUTION AUTHORIZING STAFF TO REPLACE THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AD-HOC COMMITTEE PROCESS
WITH A COMMUNITY FORUM PROCESS RECOMMENDED BY HUD
SUEM'TTED BY: COMMUNITY DEVelOPMENT DIRECTOR L~_~rr~ ~
REVIEWED BY: CITY MANAG (4/5""' VOTE: YES NO X )
BAOKGROUND
Every year at this time the Community Development Department Housing Division begins the Community
Development Block Grant (CDBG) program process. Incorporated within this process is the solicitation of an Ad-Hoc
Committee of City Commission members to participate in reviewing the CDBG Public Service funding applications.
This process was originally established five years ago and was incorporated into the 1995 - 2000 Consolidated Plan.
The Consolidated Plan is a strategic planning tool which outlines the City's projected goals for a five year pedod and
how the City will budget CDBG, HOME, and other funding sources to meet the stated objectives. The Consolidated
Plan was created to consolidate all of the HUD funding sources into one comprehensive document - in the case of
Chula Vista, CDBG and HOME. Staff is currently in the process of updating the Consolidated Plan for the 2000 -
2005 program years. This document is due to HUD on May 15, 2000. Incorporated into the 2000-2005 Consolidated
Plan will be the Annual Action Plan budget for fiscal year 2000-01 which staff is also in the process of preparing.
Part of the Annual Action Plan process has been the participation of volunteer members from various City
Commissions to form a CDBG Ad-Hoc Committee. The Ad-Hoc process requires a minimum of four meetings to
review all the Public Service funding applications, allow for non-prefit organizations to present their request for
funding before the Ad-Hoc Committee and to make their funding recommendations to staff.
Although HUD has not opposed the City's use of a CDBG Ad-Hoc Committee to meet its public input requirements;
HUD is recommending the use of community forums as a more effective method to obtain broader input from the
community at large. In addition, every year it is becoming more difficult finding Commission members to volunteer for
the Ad-Hoc Committee due to time constraints and other reasons. Thus, staff is recommending that the Ad~Hoc
Committee process be eliminated and that it be substituted with the implementation of community forums.
RECOMMENDATION
That the City Council approve the resolution authorizing staff to change the Community Development Block Grant
(CDBG) Ad-Hoc Committee process with a Community Forum Process recommended by HUD
BOARDS/COMMISSIONS RECOMMENDATION
This item was appreved by the Housing Advisory Commission at the meeting of December 15, 1999, Two Housing
Advisory Commission members volunteered to participate in the CDBG Ad-Hoc Committee process for the past two
years and communicated to staff that the process was mere time intensive than originalfy estimated. The Housing
Advisory Commission agreed with staff that the community meeting concept would provide an opportunity for Chula
Vista residents to participate in the CDBG process.
PAGE 2, ITEM
MEETING DATE O2/O 1/~BUOO
DISCUSSION
The odginal intent of the Ad-Hoc Committee was to ensure continued funding for senior services, youth services,
affordable housing and other social services through a review of the public service funding applications. Three years
ago Council established priorities, policies and procedures regarding the allocation of CDBG funds for public service
agencies. Council directed staff to give pdodty funding to senior and youth services. Additionally, CDBG funds are
used for literacy, homelesshess, meal delivery, handicapped, health services, economic development, graffiti
eradication, fair housing, and recreation activities. Since CDBG funds are currently used to further the interests of
the vadous City Commissions, staff recommends reaching out to the community at-large and inviting the local
citizens to provide input on how CDBG funds could be used to enhance their quality of life through a sedes of
community meetings.
Staff has identified three sites that would be appropriate for such community meetings: [1] South Chula Vista Library
which would represent the western portion of the City along with the Montgomery Area; [2] Cordova Village
Community Center which is located in Rancho del Rey in the eastem portion of the City; and [3] City Hall. Should
Council approve staffs recommendation, the public forums are anticipated to be held in mid to late February.
Notices will also be directly mailed to local non-profit organizations and the Chamber of Commerce. Additionally,
notices will be posted at each of the community meeting sites. Staff will provide a power point presentation on the
CDBG program at the three community meetings.
In addition to the three community meetings, a formal Public Hearing will be held allowing the public, non-profit
organizations, and other community organizations the opportunity to present their comments to the City Council and
staff. In total, four meetings will be held.
CDBG Application Review Process
Every year the Housing Division receives approximately 75 requests for CDBG funding, including City requests. It is
the responsibility of staff to review the requests and make funding recommendations. In order to facilitate the
process in making funding recommendations for the public service requests, staff has revised the funding application
to include a rating system for each question to measure the effectiveness of the organization to receive CDBG
funding, the timeliness in expending CDBG funds, and the ability to meet the organizations stated objectives.
Attached as Exhibit A is a copy of the CDBG funding application.
Upon Council approval of staffs recommendation to eliminate the CDBG Ad-Hoc Committee process, the CDBG
public service application review process will be the responsibility of the Housing Division. A complete analysis and
funding recommendations will be reviewed by the Housing Manager, Assistant Community Development Director,
Community Development Director, Assistant City Manager and the City Manager. Once funding recommendations
have been determined, a staff report will be prepared for Council consideration outlining the analysis and funding
recommendations.
F"'",,a,r_,AL IMPACT
There is no fiscal impact other than staff costs in approving the resolution. Funds are budgeted in the CDBG
Administration account for the administration of the CDBG budget.
[Atwood~ H:\HOME\COMMDEV%STAFF.REP~024}1-00
CITY COUNCIL AGENDA STATEMENT
ITEM NO. ~
MEETING DATE 2/01/2000
ITEM TITLE: RESOLUTION APPROVING THE NAME CHANGE OF OTAY RIO ROAD TO
ENTERTAINMENT CIRCLE
SUBMI'!-rED BY: COMMUNITY DEVELOPMENT DIRECTOR L~nc-'~-~ (L,~
REVIEWSO laY: EXECUTIVE DIRECTOR ~
(4/5'rile VOTE; YES__ NO X q)
BAr, KQIIOUND ~, =
On October 5, 1999 the City Council approved changing the name of 0tay Valley Road to Main Street from west of
Interstate 805 east to SR 125. The portion of 0tay Valley Road from where it turns south to the City boundary was
renamed Heritage Road.
At the time of the Council action the Coors Amphitheatre asked to meet with staff to find a solution that would remove
any pessibifity of future address changes for the Amphitheatre. In November 1999, Coors Amphitheatre requested
that 0fay Rio, Spyglass Hill and Castle Pines Avenue be changed to Entertainment Circle (see attached map). Staff
worked with Kno~t's Berry Farm to receive their input and agreement to the name change. 0fay Rio Road is the only
public street therefore it is the only one that requires Planning Commission/City Council action to change.
RECOMMENDATION
It is recommended that the City Council adopt the resorution changing the name of 0tay Rio Road to Entertainment
CircJe.
BOARDS/COMMIS,BIDfa5 RECOMMENDATION
The Planning Commission approved the name change on January 26, 2000.
DISCUSSION
As mentioned above, on October 5, 1999, the City Council approved changing the name of 0fay VaFley Road to Main
Street from west of Interstate 805 east to SR 125. The portion of 0tay Valley Road from where it turns south to the
City boundary was renamed Heritage Road.
Coors Amphitheatre worked with staff to identity a solution that would remove any possibility of future address
changes for the Amphitheatre. In November 1999, Coors Amphitheatre requested that 0fay Rio, Spyglass Hill and
Castle Pines Avenue be changed to Entertainment Circle. Staff worked with the other affected property owner,
Knott's Berry Farm, to receive their input and agreement to the name change. Changing the addresses to the
internaJ loop road removes any possibility of future address changes.
Otay Rio Road is the oniy public street therefore it is the only one that requires Planning Commission and City
Council action to change. Staff notified the Postmaster regarding the name change of the private streets, Spyglass
Hill and Castle Pines, to Entertainment Circle. The Coors Amphitheatre and Knotts Soak City USA front on the
pdvate streets and the mailing addresses are now 2050 and 2052 Entertainment Circle, respectively.
PAGE 2~ ITEM
MEETING DATE 2/0 1/2000
The PJanning Commission approved the name change at the meeting held January 26, 2000. Staff recommends that
the City Council adopt the Resolution recommending apprevaJ of the name change of Otay Rio Road to
Entertainment Circle for the following reasons:
· this name change completes the loop road of Entertainment Circle:
· precEudes the possibility of future address changes for the amphitheatre and waterpark~ and
· both affected property owners want the name changed.
The Environmenta~ Projects Manager has determined that the proiect is exempt under Section 15301(c) of CEOA
relating to minor alterations to existing highways or streets.
:FiIsOA~ IMPACT: : ! ~
There will be a small expense to change the street name sign at the intersection of Otay Rio Road and Hedtage
Road. The sign change will be covered by the pdor allocation for the Otay Valley Road name change.
H:\HOME\COMMDEV~STAFF.REP~2/l~OO~otaydonamechange,doc
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/1/00
ITEM TITLE: a) Resolution Declaring that emergency repairs to Greg Rogers
Park are needed as an urgent necessity for the preservation of life, health,
and property and waiving the formal bidding process
b) Resolution Approving an Emergency Repairs and Improvement
Agreement with ACI Sunbow, LLC regarding credit for emergency repairs
to Greg Rogers Park, and authorizing the Mayor to execute said agreement
c) Resolution Approving a License Agreement with PacSouth
Group, LLC to enter Greg Rogers Park to make emergency repairs, and
authorizing the Mayor to execute said agreement
d) Resolution Approving an Indemnity Agreement with ACI
Sunbow, LLC for the emergency repairs at Greg Rogers Park, and
authorizing the Mayor to execute said agreement
SUBMITTED BY: Assistant City Manager Morris~.~
REVIEWED BY: City Manager; (4/5ths Vote: Yes X No )
The fencing and dugout areas in the Little League field area at Greg Rogers Park have
deteriorated to the point that safety and security issues have arisen. With the start of Little League
season on March 1, City staff is concerned about making the necessary repairs in time. Under
the City Charter, public works projects on public facilities, such as Greg Rogers Park, which
involve an expenditure of $50,000 or more for repairs or construction, must be done by written,
advertised bids to the lowest, responsible bidder. However, Section 1009 of the Charter allows
Council to let contracts without advertising for bids if the work is deemed to be of urgent
necessity for the preservation of life, health or property. Staff proposes that ACt Sunbow (Ayres
Land Company, Inc.) perform the emergency repair work by contracting with PacSouth Group,
LLC, to satisfy part of its park obligations, as required by Tentative Map No. 90-02, Subdivision
Improvement Agreements, and Supplemental Subdivision Improvement Agreements for Sunbow
II.
RECOMMENDATION: That Council adopt the resolutions a) Declaring that emergency repairs
to Greg Rogers Park are needed as an urgent necessity for the preservation of life, health, and
property and waiving the formal bidding process; b) Approving an Emergency Repairs and
Improvement Agreement with ACI Sunbow, LLC regarding credit for emergency repairs to Greg
Rogers Park, and authorizing the Mayor to execute said agreement; c) Approving a License
Agreement with PacSouth Group, LLC to enter Greg Rogers Park to make emergency repairs,
and authorizing the Mayor to execute said agreement; and d) Approving an Indemnity Agreement
16 - /
Page 2, Item / ~)
Meeting Date 2/1/00
with ACI Sunbow, LLC for the emergency repairs at Greg Rogers Park, and authorizing the
Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission
previously approved the Greg Rogers Park Master Plan, which calls for extensive improvements
and upgrades to the park, including the Little League fields. Fencing and dugout improvements
were envisioned as part of the overall Master Plan.
DISCUSSION:
Greg Rogers Park has four Little League fields, with chainlink fencing surrotmding the fields and
eight dugouts for the teams. The chainlink fencing is missing in places around the fields, is bent
and rusted in places, and is generally in poor condition. In addition, there a re no security gates
in the fencing to secure the fields when they are not in use, and, as a result, inappropriate
activities are taking place. There are also safety and security concerns with the dugouts. There
are no security gates in the dugouts, and some of the dugouts have wooden roofs with gaps,
which allow for unauthorized access and inappropriate activity to occur. Some of the wood on
the roofs is rotting, which represents a safety concern should someone climb on the roofs. The
posts supporting these roofs are attached using exposed nails, which could be displaced and be a
safety hazard. There are broken masonry blocks and exposed re-bar on some of the dugouts with
masonry walls. The wooden players' benches are in poor condition, with some evidence of rot
and termite damage.
Because of the concern for the safety and security of the public, especially of the children, and
with the start of Little League season in one month, staff believes that an emergency situation
exists which needs to be addressed immediately. Emergency repairs are recommended to deal
with these safety and security issues. The proposed emergency repair work involves demolition
of the existing fencing and the dugout areas (except for the masonry walls); installation of new
chainlink back stops and chainlink ballfield and dugout fencing and security gates; installation of
new aluminum players' benches; installation of new concrete pads for the dugouts; installation of
new dugout roofs; and repairs of masonry walls in the dugouts. This work is estimated to cost
between $150,000 and $200,000.
The Sunbow II developer, ACI Sunbow (Ayres Land Company, Inc.) has proposed to make these
emergency repairs, to satisfy part of its park obligations under its subdivision improvement
agreements. The Sunbow development is adjacent to Greg Rogers Park, and is thus creating an
additional demand on this existing community park. The developer's park obligations, which
also include dedication of a 10 acre park site (which has been done) and improvements to this
park site (which is under negotiation), and may include improvements to Greg Rogers Park, are
still under negotiation and will be part of a separate development agreement. The City has also
been in discussion with the developer regarding potential contributions toward the proposed 34
acre sports park near the Okay landfill.
Staff recommends waiving the bidding process in order for the developer to undertake the
emergency repair work to this public park. The developer is in a position to begin the work
/0
Page 3, Item
Meeting Date 2/1/00
immediately, and has a contractor and the appropriate trades people to do the work. Section 1009
of the City Charter allows for public works contracts to be let without advertising for bids if the
work is deemed to be of urgent necessity for the preservation of life, health, or property. Staff
believes such a situations exists. In order for the developer to make the emergency repairs to the
park, the City and developer must enter into three separate agreements. The proposed Emergency
Repair and Improvement Agreement is needed to acknowledge that the work is being done by the
developer and that credit against Sunbow's park obligations will be given, not to exceed $200,000.
The developer has contracted with PacSouth, LLC to install the improvements; the License
Agreement grants the contractor access to this public park to make the necessary emergency
repairs. By means of the Indemnification Agreement, the developer holds the City harmless for
claims which may arise from this emergency repair work. The form of this proposal and these
agreements have been reviewed and approved by the City Attorney's office.
FISCAL IMPACT:
The Sunbow II developer will receive credit against its future park obligations. The cost estimate
of the emergency repairs is between $150,000 and $200,000. Upon stafl~s approval of the plans,
repair work in the field, and invoices from the contractor, the developer shall receive credit
against its future park obligations equal to the approved costs. Once this work is completed,
annual, ongoing maintenance of the fencing and dugouts by Parks Maintenance staff will be
required.
H:\SHARED\ADMIN\AYRGRGpK.WpD
FILE NO.:
COUNCIL AGENDA STATEMENT
tem//
Meeting Date 2/01/00
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFC ~NIA, ACTING IN ITS CAPACITY
AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE-
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND
VILLAGE ONE WEST), APPROVING THE FORM OF A
SUPPLEMENTAL BOND INDENTURE TO PROVIDE FOR
THE REPRICING AND REMARKETING OF THE 1999
SPECIAL TAX BONDS AND AUTHORIZING THE
PREPARATION AND DISTRIBUTION OF A SUPPLEMENT
TO THE OFFICIAL STATEMENT
SUBMITTED BY: Deputy City Manager Powell '~
REVIEWED BY: City Manager v/aA_iF,_ (4/5ths Vote: Yes No X )
In November, 1999, the Council approved the issuance of $23 million of Special Tax
Bonds for Community Facilities District 99-1. Although bonds were successfully sold in
December, due to developer ownership changes that occurred near the time of the bond
sale closing date, it is necessary to thoroughly disclose this information to existing and
potential investors and to remarket the bonds. The first step required in order to
accomplish the remarketing is to amend the existing bond indenture to allow for such a
process.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council adopt the Resolution approving the form of a
Supplemental Bond Indenture to provide for the repricing
and remarketing of the 1999 Special Tax Bonds and
authorizing the preparation and distribution of a supplement
to the Official Statement.
DISCUSSION:
Background
At the Council Meeting of August 31, 1999, the City Council held the public heating
forming and establishing Community Facilities District No. 99-1. This public hearing
was held pursuant to the provisions of the "Mello-Roos Community Facilities Act of
1982". The Mello-Roos Community Facilities Act of 1982 is a financing mechanism for
funding the acquisition or construction of public infrastructure improvements from the
t/-;
Date 2/01/00
Page 2
proceeds of Community Facilities Districts bonds. These bonds are repaid from an
annual special tax collected from the property within the district. There is no direct cost
to or obligation of the City.
On that same date, following a special election held outside the City Council chambers,
staff tallied the ballots cast which showed that 100% of the votes were in favor of
authorizing the levy of the proposed special tax and the issuance of the bonds secured by
such special taxes. Also, in the meeting of August 3 1st, the City Council approved the
resolutions establishing CFD 99-1, authorizing the levy of special taxes, declaring
necessity to Incur a Bonded Indebtedness, holding the special election and declaring the
results of the special election, and the first reading of the ordinance authorizing the levy
of the special tax for CFD No. 99-1. In addition, the City Council approved a separate
item authorizing the future annexation of certain pamels to CFD 99-1. At the regular
City Council meeting of September 14th, 1999, the second reading of the Ordinance
authorizing the levy of the Special Tax in CFD No. 99-1 was conducted.
CFD 99-1 is primarily an acquisition district wherein the developer constructs the
authorized public improvements and the City acquires them upon completion with funds
derived solely from the sale of bonds. It is anticipated that the entire proceeds from this
bond issue will be applied towards the cost of the Olympic Parkway improvements.
Exhibit 1 presents the boundaries of CFD 99-1, which includes all parcels located within
Otay Ranch SPA One Portions of Village One, Village Five and Village One West
(approximately 920 total acres). At buildout, the district would contain a total of 2,645
Single Family Residences, 1,352 Multi-Family Units, 8.1acres for commercial uses, and
10.7 acres for Community Purpose Facilities (churches, day care, ballfields, etc).
On November 30, 1999, the City Council authorized the issuance of up to $45 million in
special tax bonds of the District, with $23 million to be issued immediately and the
remainder to be issued as the appraised value within the District increases to a level
necessary to support the additional bonds. The initial bond transaction was successfully
closed on December 23, 1999.
The Remarketing
On January 3, 2000, the City was contacted by representatives of the Developer and
advised of certain transactions that the Developer and its member partners consummated
on December 30, 1999. Specifically, South Bay Project, LLC and Otay Ranch
Development, LLC entered into a Third Amended and Restated Operating Agreement for
Otay Project, LLC (Developer), the effect of which was to transfer all management
responsibilities to Otay Ranch Development, LLC and to change the profit allocation of
South Bay Project, LLC with respect to certain future revenues received by the
Developer. In the opinion of City staff and the consultant financing team, this transaction
was material and required disclosure to potential buyers of the bonds. The information
was immediately communicated to the one major investor, who held in excess of $17
million in bonds and subsequently disclosed to all other investors. The primary investor
has requested that the underwriter take the bonds back and refund the purchase amount.
Date 2/01/00
Page 3
It was therefore determined that in order to be equally fair to all investors that a
"repricing and remarketing" of the entire issue at current interest rates would be required.
The remarketing effort entails amending the existing Bond Indenture document to allow
for the repricing and remarketing process, which must be approved not only by Council,
but also by a minimum of sixty percent of the bondholders, updating the various
disclosures in the offering document to a current status, communicating the information
to the current and prospective investors, communicating the alternative courses of action
available to the existing bond holders, and finally, repricing and remarketing any bonds
tendered back to the underwriter. Existing bondholders will be given the option of
holding onto their bonds and receiving an updated interest rate equivalent to the rate
achieved for the remarketed bonds. All costs involved with these actions will either be
funded directly by the developer or out of the proceeds of the bond issue.
The item before Council tonight seeks approval of the form of a Supplemental Bond
Indenture document that basically amends the original indenture to allow for the repricing
and remarketing effort. The proposed resolution authorizes the Director of Finance to
approve the final form and to execute such documents on behalf of the City following
review by and consultation with the City Attorney and Bond Counsel. Upon adoption of
the resolution, City staff and the financing team will pursue the necessary consent of the
bondowners and return to Council for approval of the actual repricing and mmarketing
transaction, including the updated disclosure documents and remarketing agreement.
FISCAL IMPACT:
The developer will pay all costs. The City will receive the benefit of the full cost
recovery for staff time involved in this remarketing effort (estimated at $25,000) and
administration activities. Staff anticipates that most of the CFD 99-1 administration will
be contracted out. The CFD administration cost is estimated at $125,000 annually during
buildout and $75,000 annually thereafter.
Attachments
Exhibit 1: Amended Boundary Map for CFD 99-1, and Future Annexation Parcels
Exhibit 2: Supplemental Bond Indenture for CFD No. 99-1
!t-
COUNCIL AGENDA STATEMENT
Item No.:
Meeting Date: 2/1/00
ITEM TITLE: Resolution approving the appropriation of $45,600 from the
available fund balance of the General Fund to the Planning and Building
Department budget in order to finalize payment to PBR for work
completed on the city-wide Parks Master Plan
SUBMITTED BY: Director of Planning and Building//~/~/
/
REVIEWED BY: City Manage (4/5~h Vote: Yes X No )
As a result of a dispute between park planning consultant PBR and City staff regarding billings
and work completed on the City-wide Parks Master Plan, Staff requests appropriation to settle
accounts with PBR for work completed.
RECOMMENDATION:
It is recommended that the City Council approve the appropriation of $45,600 from the
available fund balance of the General Fund to the Planning and Building Department budget in
order to finalize payment to PBR for work completed on the City-wide Parks Master Plan.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On January 24, 2000 City staff successfully negotiated a contract settlement with PBR, the
consultant which was hired by the City in April 1999 to complete the Parks Master Plan and
Greenbelt Master Plan. The original Agreement between the City and PBR totaled $163,890,
which included $134,400 for the City-wide Parks Master Plan and $29,490 for the Greenbelt
Master Plan. The $163,890 for the Parks and Greenbelt Master Plans was provided by the
Otay Ranch Company, The EastLake Company, McMillin Companies, Pacific Bay Homes,
New Millennium Homes, and Trimark Pacific Homes.
During the course of work on this project, the consultant team and City staff have had a series
of disagreements about billable charges and work products. On January 24, 2000, the City and
PBR mutally agreed to terminate the agreement, and the City agreed to pay a total of $180,000
for work completed to date. The City has previously paid PBR $106,684 for professional
services and $4,239 for reimbursables. Based upon the settlement, the City owes PBR an
/2 -/
Page 2, Item No.: __
Meeting Date: 2/1/00
additional $69,077. Of the $134,400 appropriated by City Council for completion of the City-
wide Parks Master Plan, $23,477 still remains and can be used to pay PBR. To pay the
remaining settlement amount, $45,600 must be appropriated from the General Fund.
In addition to the monetary settlement, other terms were also reached. PBR will provide the
City an electronic version of the entire Parks Master Plan, Needs Analysis Tables, and graphic
exhibits. PBR has agreed to be available to answer questions and will relinquish all
proprietary interest in the draft document.
City staff is currently working to secure a contract with Wallace, Roberts and Todd (WRT) for
staff assistance to complete the City-wide Parks Master Plan and Greenbelt Master Plan. Staff
has entered into an initial agreement with WRT to obtain their assistance in scoping a work
program, schedule and budget for remaining work on this plan, with costs for this initial
scoping work being charged against the remaining balance for completion of the Greenbelt
Master Plan. Staff will return to Council in the near future to request an additional
appropriation for completion of the plans.
FISCAL IMPACT:
The original $134,400 funding for the City-wide Parks Master Plan was provided by
developers, as discussed above. Another appropriation of $45,600 from the available fund
balance of the General Fund is required to settle accounts with PBR. Developers provided an
'additional $29,490 funding for completion of the Greenbelt Master Plan which has not been
expended to date.
h:\home\planning\BobMc\PBR AI 13.doc
CITY COUNCIL AGENDA STATEMENT
Item No.: /
Meeting Date: 2/1/00
ITEM TITLE: PUBLIC HEARING: PCM-00-16 Consideration of an mended and
restated Development Agreement between the City of Chula Vista and the
EastLake Company, LLC. for EastLake III (Trails, Woods, Vista's, Business
Center Expansion, Olympic Training Center Site and "Land Swap" parcels)
Ordinance of the City Council of the City of Chula Vista adopting
an amended and restated development agreement between the City of Chula
Vista and The EastLake Company, LLC. For EastLake III (Trails, Woods
Vistas, Business Center Expansion, Olympic Training Center and "Land
Swap" parcels)
SUBMITTED BY: Assistant City Manager Krempl
~ Ma
REVIEWED BY: C'ty nage~'~ (4/5ths Vote: Yes__No X o)
This item is to consider an amended and restated development agreement for EastLake III. The
original development agreement for EastLake III was executed and recorded in April, 1990 and is
set to expire in April, 2000. Both the City and EastLake are desirous of extending the term of the
agreement for another 10 years to April, 2010. The basic provisions of the agreement remain
unchanged; the focus of the amendment is an update and change to reflect contemporaneous
conditions in city codes and ordinances. Also, the provisions of certain park agreements entered into
subsequent to 1990 are incorporated herein so that all of those provisions are consolidated into one
document. The amended development agreement will cover 1,514 acres of the original 3,000 acres
of EastLake property.
The proposed project involves the following parcels: a) 108.8 acres north of Olympic Parkway
between the future SR-125 freeway alignment and the existing EastLake Greens development
boundaries (Southem "Land Swap" parcel); b) 24.7 acres on the south side of Otay Lakes Road west
of the future SR-125 freeway (Northern "Land Swap" parcel); c) 322.2 acres east of Hunte Parkway
between Otay Lakes Road and Olympic Parkway (EastLake Trails); d) 108 acres on the north side
of Otay Lakes Road between Lane Avenue and Hunte Parkway (EastLake Business Center Phase
II); and f) 950 acres east of Hunte Parkway known as EastLake III GDP (Woods, Vistas
neighborhoods and Olympic Training Center) (see Locator).
The Environmental Review Coordinator has determined that the amended and restated development
agreement between the City of Chula Vista and the EastLake Company, LLC. for the EastLake III
is not a project as defined by the Califomia Environmental Quality Act (CEQA Guidelines, Section
15378). Thus, no environmental assessment is necessary.
RECOMMENDATION:
Approve the development agreement and place the Ordinance on first reading.
Page 2, Item No.: __
Meeting Date: 2/1/00
BOARDS AND COMMISSION RECOMMENDATION:
The Planning Commission recommendation on the project will be presented verbally at the City
Council hearing.
BACKGROUND:
As indicated, the developer and the City entered into an agreement in 1990. At that time, the primary
reason for entering into the agreement was the developer's willingness to donate 150 acres of land
to the Olympic Training Center valued at $13 million, and to make capital contributions of $3
million, and to provide about $8 million in public infrastructure improvements to the San Diego
National Sports Foundation and the U.S. Olympic Training Center. The developer also accelerated
certain other public improvements required for the Project. In exchange, the City vested the
developer's entitlements, including the intensity and density of development then approved for
EastLake III, and provided certain other protections and benefits to the developer.
Currently, the impetus for amending and extending the agreement has to do with the developer
making available certain lands needed for the "University Site" within Otay Ranch and the Eastern
Territories. Per a Letter of Intent between the City, Developer, and Western Salt, the City may offer
certain real property to the University of California subject to the City attaining ownership of the
University Site in accordance with a subsequent Offer Agreement memorializing the terms of the
Letter of Intent. Tonight's action by the City Council will implement a key proviso linked to
bringing EastLake's portion of the University Site to fruition.
DISCUSSION:
As mentioned, the term of the agreement is being extended and the text updated to reflect current
policies, ordinances, and procedures of the City. The agreement covers EastLake Trails, the Woods,
the Vistas, the expansion of the Business Park, the Olympic Training Center, and the Land Swap
Parcel. These properties are part of the master planning underway by the developer as the third phase
of the EastLake Planned Community. The development agreement benefits the City and the
Developer in various ways as described below.
Benefits to the City
Beyond the University consideration, the most significant benefit to the city will be in the area of
parks. The Developer will advance funding for the construction of park facilities to meet the city's
needs. Developer has already contributed advance park funding in the amount of $1,391,260 with
the tentative map approval for EastLake Trails, per the current agreement, and will be contributing
another $2,135,000 following approval of the first residential tentative map in EastLake III beyond
the Trails. This amount shall be adjusted from April, 1990 based upon the cost of construction
indices published in the Engineering News Record.
Page 3, Item No.:
Meeting Date: 2/1/00
The agreement also memorializes the remaining parkland obligations as carried forward from the
1989 EastLake Park Agreement. Essemially, EastLake will be providing a community park (Salt
Creek Community Park) in the EastLake Trails Community and 17 acres of neighborhood parks are
to be provided in the future Woods and Vistas Communities.
Finally, the agreement incorporates the terms and provisions of a March, 1996 Escrow Agreement
between the City and EastLake which resolved then outstanding park and recreation facility issues.
The pertinent provision of that agreement is an extension of a payment due by EastLake ($880,738
as of July 1, 1999) toward the construction of a community center (or gymnasium) in the Salt Creek
Community Park. The payment is generally tied to the city's decision to construct a community
center in the Salt Creek Park although there are certain out provisions. However, the city has to
advise EastLake within 12 months of construction of the community center of its decision to locate
the community center in the park and has to construct the community center within 18 months of the
demand for payment of the escrow amount. Since the fmal plans for the Salt Creek Community Park
have not been approved and since a new Parks and Recreation Master Plan is under preparation
(tentatively scheduled for City Council consideration in the Spring of 2000), it is premature to call
up the payment by EastLake. The amended agreement continues the "escrow amount" with interest
and allows the City to require payment on the earlier of June 1, 2002 or within 90 days of City's
written request. Should EastLake not be able to deliver the community center land site or if the City's
contribution exceeds the "escrow amount", the City may locate the community center in any
alternate location in the Eastern Territories. Per the agreement, EastLake receives a partial PAD fee
credit for the community center payment which will be credited toward their EastLake III PAD
advance. The land on which the community center would be located will remain a part of the Salt
Creek Community Park irrespective of whether or not the community center is built therein.
Benefits to the Developer
The agreement provides numerous significant benefits to the Developer in a similar fashion to the
original agreement. First, the agreement term, which would otherwise expire next year, will be
extended another 10 years. Second, the agreement assures the Developer of its vested fight to
proceed with the development of the Property to the approved land uses, densities and intensity of
uses
Third, the agreement provides the Developer with certainty that the land use regulations and policies
applicable to the development of the Property will remain unmodified during the term of the
agreement except as further clarified by the provisions of the document. Should new land use
regulations and policies be applied to all private development east of 1-805 then they would equally
apply to EastLake as long as they do not prevent the development of the Property to the land uses,
densities, and intensity specified or authorized by the Existing Project Approvals.
Fourth, the agreement assures the Developer that Future Discretionary Reviews and Approvals,
when granted by City, shall become, for purposes of the agreement, existing Project Approvals. In
sum, these benefits are unchanged from the original agreement and customary to the benefits the
City has provided in its various other development agreements.
Page 4, Item No.:__
Meeting Date: 2/1/00
FISCAL 1MPACT
None, the Developer will still be responsible for paying the City's impact fees and other standard
development and processing fees and as they may be amended from time to time. The Project
infrastructure requirements as referenced in respective public facility finance plans and entitlement
conditions remain unchanged.
Attaclunents
1. Planning Commission Resolution
2, Locator
3, Disclosure Statement
(It:\ homeXpla,,,,i,,g~luis\Fm-0016.A113)
COUNCIL AGENDA STATEMENT
ITEM TITLE: Public Hearing on the acquisition
land located within Village Five
construction of a Paseo and Park P-9
Resolution Finding the declaring public interest and
necessity for acquiring and authorizing condemnation and inunediate
posssession of certain real properties for fee simple, and permanent and
temporal3, slope and drainage easement interests to satisfy off-site conditions
for Otay Ranch SPA One, Chula Vista Tract 97-02 CTM 97-02") for the
Otay Ranch Paseo and Park Project
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager (4/Sths Vote: Yes X No __.)
Tonight, Council will hold a Public Hearing to consider the approval of the Resolution for initiating
eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate
portions of the Paseo and Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation
will also include the granting of temporary and permanent easements for slope and drainage
purposes, which are necessary to construct said paseo and park.
RECOMMENDATION: That Council:
1) Hold the public heating; and,
2) Approve the Resolution to commence the eminent domain process.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Village Five of the Otay Ranch Sectional Planning Area (SPA) One plan consists of approximately
494 acres, 2,480 dwelling units, a 10 acre school site, 10.1 acres for Community Purposes Facilities
and 17.3 acres designated for parks. McMillin Companies has been actively developing the western
portion of Village Five. Currently, residential housing construction is underway and several houses
have already closed escrow. Because McMillin is developing first, they have been required to
construct the entire Paseo and Park P-9. McMillin has already dedicated to the City all the on-site
property needed for the paseo and park (see Attachment "A).
Portions of the proposed paseo and park are situated on a parcel of land (Parcel 35A) owned by the
Stephen and Mary Birch Foundation ("Owners"). McMillin has been unsuccessful in an attempt to
acquire the land needed for constructing these improvements. As the last resort, McMillin has
Page 2, Item ~//
Meeting Date 12/7/99
requested City to initiate eondenmation proceedings for acquiring the property rights needed to
satisfy their off-site obligations. The portion of land that will accommodate the paseo and park
would be acquired in fee simple. The temporary and permanent easements for slope and ctrainage
purposes arc also needed to make the proposed grading work with the existing terrain. An exhibit
of the proposed acquisitions and easements are shown in Attachment "B".
The southerly end of the paseo is located within land owned by the tray Ranch Company. This
portion of the paseo will bc dedicated on a final map, which will be brought to Council during the
first quarter of year 2000.
In order to acquire real property for public purposes, pursuant to Government Code Section 7267.2
the City must make an offer to purchase the property for an amount constituting "just compensation".
On November 12, 1999 the City mailed to the Owners an offer, in the amount of $127,000, to
purchase the necessary property rights. This offer was based on an appraisal and complied with all
the requirement of Government Code Section 7267.2.
If an agreement for the voluntary purchase of the property cannot be reached, the City may then duly
notice and conduct a public hearing to consider whether or not to acquire the property by the exercise
of its power of eminent domain. Thus, on November 19, 1999, letters were sent notifying Owners
of a public hearing scheduled for December 7, 1999, of Council's intent to consider adopting a
"Resolution of Necessity" for the acquisition of the subject property rights. The letter informs them
of their right to appear and to speak to the City Council with regard to the City's right to acquire said
property.
Tonight, Council is requested to initiate eminent domain proceedings now, in the event negotiations
with the Owners prove fruitless. Negotiations will continue as we hope a settlement will be reached
with the Owners without having to obtain a final order of condemnation from the court. At the
public hearing, pursuant to Civil Procedure Code Section 1240.030, the City must make the
following findings and determinations (a brief discussion supporting staff recommendation is also
included):
A. The public interest and necessity require the project
The Otay Ranch General Development Plan (GDP) establishes the development policies for
the Otay Ranch based on a series of villages. The urban villages are to be organized to
promote pedestrian travel to the village core. Residential neighborhoods surrounding the core
are required to be connected by pedestrian systems. Village Five is an Urban Village where
the village core will be served by light rail transit. The paseo in the project provides the only
separated pedestrian connection for the residential neighborhoods to the village core and
transit station. The fight-of-way for the paseo straddles the property line between the
McMillin property and the property which is the subject of this condemnation. Because
McMillin's development is going first, development of the entire paseo has been imposed
on McMillin as an off-site condition. Acquisition of the balance of the paseo is necessary
Meeting Date 12/7/99
to complete the pedestrian connection. In addition, the paseo connects the regional trail in
Telegraph Canyon to the Village Five core and the regional trail in Poggi Canyon.
The GDP also establishes park requirements for the Otay Ranch that implements the City's
park requirements of 3 acres of parkland for every 1,000 residents. The SPA One Plan
identified the location for the required parks in Village Five. The SPA plan located Park P-9
at the northern end of the paseo. In order to implement the SPA One Plan and comply with
the City's Parkland Dedication Ordinance, it is necessary to acquire the balance of the park
proposed in the project.
B. The project is planned or located in a manner that will be the most compatible with the
greatest public good and least private injury
Both the paseo and park were designated on the SPA One Plan and the Master Tentative Map
for Village Five. The paseo and park were designed to provide the future residences of
Village Five with pedestrian access to the Village Five core and sufficient parkland to meet
the recreational needs for the neighborhoods. The taking of the paseo and park will
implement and are consistent with the cun-ent approved discretionary actions on the property.
Dedication of the paseo and park would be required if the Owners were to process their own
Final Maps implementing the approved SPA Plan and tentative map. Only property for the
paseo, park and supporting slope rights are being acquired limiting the impact to the Owners.
If the owner of the property of which is subject to the condemnation was far enough in the
process, they would be required to make the improvements to the paseo. Their right to
develop their property in accordance with the tentative map 96-04 has been protected by the
reservation of rights in the deeds describing the taking.
C. The properO2 sought to be acquired is necessary for the project
The property sought in the acquisition is for the paseo and park that were planned to serve
the residents of Village Five. Both were design and planned on the SPA One Plan and
Master Tentative Map for Village Five. Only property for the paseo, park and supporting
slope rights are being acquired.
The paseo and park are part of Village Five in the SPA One Plan and Master Tentative Maps. The
SPA One Plan and Master Tentative Map were analyzed by Otay Ranch GDP Program Final EIR
90-01 and Subsequent Final EIR 95-01 for SPA One. The GDP EIR was certified on October 28,
1993 and SPA One EIR was certified by the City Council on June 4, 1996. The Environmental
Review Coordinator has determined than no additional review is necessary.
The adoption of the requested "Resolution of Necessity" will initiate the proceedings to acquire the
necessary property rights for the paseo and Park P-9. The commencement of the eminent domain
proceeding will require the filing of a complaint with the Superior Court.
Meeting Date 12/7/99
The City Attomey has reviewed the "Resolution of Necessity" and determined that the requested
action is in accordance with all applicable laws, City codes and ordinances. Our fight-of-way
acquisition consultant, Linda D. Bartz, is available at the Cotmcil meeting tonight, to answer any
questions conceming the proceedings.
FISCAL IMPACT: None. McMillin, the Developer, shall pay the full cost of acquiring offsite fight
of way and easements required to fulfill their off-site conditions.
The cost of acqnisition of the fight-of-way is approximately $127,000 for the actual property value
plus an additional amount for condemnation costs depending on whether or not the property owners
legally challenge the City's fight to acquire the property or the amount of compensation being
offered.
Attachments: A - Village Five
B - Plat of Acquisition Area and Easements
H:\HOME\ENGINEERXAGENDAXA I 13OR227,DOC
1/20/99 2:25 PM
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/1/00
ITEM TITLE: Resolution Supporting Proposition 26: School Facilities, Local
Majority Vote, Bonds, Taxes, Initiative Constitutional Amendment and
Statute
SUBMITTED BY: Intergovernmental Affairs Coordinato~.~/5 Vote: Yes No X
REVIEWED BY: City Manager~
At the Chula Vista City Council meeting of 1/25/00, staff was instructed to provide an
analysis of Proposition 26. This is a proposal which will appear on the primary ballot
March 7, 2000.
The voters are being asked to authorize school, community college districts and county
education offices to issue bonds for construction, reconstruction, rehabilitation or
replacement of school facilities if approved by a majority of the applicable jurisdictions'
voters.
RECOMMENDATION: That the Chula Vista City Council adopt the resolution in
support of Proposition 26. While there is no direct fiscal benefit to Chula Vista,
passage of this proposal will provide a tremendous benefit to local school districts with
which this city works in partnership on many different projects and programs.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Backc)round
The California Constitution includes a voting requirement for passage of local school
bonds. Under current law, two thirds of a jurisdiction's voters must approve the
issuance and sale of school district general obligation bonds. The State of California
may issues bonds for capital improvements with a simple majority approval of the
voters.
There are more than 1,000 public school districts and county offices of education
throughout California. The State has provided funding for these facilities through the
state schools facilities program, including a $6.7 billion bond approved by the voters in
November of 1998. School districts may also receive funding through special local
bonds (known as Mello-Roos bonds), through fees that school districts charge builders
on new residential, commercial and industrial construction, and through locally-
approved general obligation bonds.
California is also home to a growing number of charter schools -- 252 as of October
1999. Charter schools are independent public schools formed by teachers, parents
page 2, Item No./~F;~
Meeting Date: 2/1/00
and other individuals and/or groups. These schools function under contracts (charters)
with local school districts, county boards of education or the State Board of Education.
They are exempt from most state laws and regulations affecting public schools.
In addition, there are 72 community college districts throughout California. Their
facilities are funded differently than K-12 schools, relying entirely on state funding for
both capital improvements and operating expenses.
Proposal
Voting Requirement
Proposition 26 would change the State Constitution to lower the voting requirement
for passage of local school bonds. It also changes existing statutory law regarding
charter school facilities. Proposition 26 affects K-12 schools districts, county boards
of education and community college districts.
This proposition allows school facilities bond measures to be approved by a majority
(rather than two thirds) of the voters in local elections. It also allows property taxes to
exceed the current 1 percent limit in order to repay the bonds.
The majority vote requirement would only apply if the local bond measure presented to
the voters included the following:
· A requirement that the bonds funds can only be used for construction,
rehabilitation, equipping of school facilities, or the acquisition or lease of real
property for school facilities; and
· A specific list of school projects to be funded accompanied by the school board
certifying that it has evaluated safety, class size reduction, and information
technology needs in developing the list; and
· A requirement that the school board conduct annual, independent financial and
performance audits until all bonds have been spent to ensure that the bond
funds have been used only for the projects listed in the measure.
Charter Schools
The proposition requires each local K-12 school district to provide charter school
facilities sufficient to accommodate the charter school's students. The district would
not be required to spend its general discretionary revenues to provide these facilities
for charter schools. The district, however, could choose to use these or other
revenues, including state and local bonds.
The proposition also provides that:
· The facilities must be reasonably equivalent to the district schools that these
students would otherwise attend; and
· The district may charge the charter school for its facilities; and
· A district may decline to provide facilities for a charter school with a current or
projected enrollment of fewer than 80 students.
15-
Meeting Date: 2/1/00
FISCAL IMPACT:
The State Legislative Analyst has identified three types of fiscal effects; impacts on
local school, impacts on the State, and impacts on charter schools.
Local School Impact
Proposition 26 would make it easier for school bonds to be approved by local voters.
Between 1986 and 1999, K-12 bond measures totaling more than 917 billion received
the necessary two*thirds voter approval. During the same time period, however,
nearly 911 billion in bond requests were defeated. These bonds received more than
50 percent of the vote, but not the needed two-thirds approval.
Similarly, in the same time period, local community college bond measures totaling
nearly 9390 million were defeated when they received more than 50 percent of the
vote, but less than two-thirds voter approval. It should be noted that approximately
8330 million in community college bond measures were passed by the needed two-
thirds majority.
State Impact
The impact of Proposition 26 on State finances is less certain. The Legislative Analyst
indicates that in the near term it could have varied effects on demand for state bond
funds, but in the long run it could result in local districts assuming greater funding
responsibility for school facilities. This would cause state debt to decline over time.
Charter Schools
The requirement that K-12 school district provide comparable facilities for charter
schools could increase state and local costs. Districts are currently required to provide
facilities for charter schools only if unused district facilities are available. The
proposition might lead many districts to increase the size of their bond issues
somewhat to cover the cost of facilities for charter schools. This could also increase
state costs to the extent districts apply for, and receive, state matching grants. The
amount of that increase would depend on the availability of existing facilities and the
number and types of charter schools.
Attachments:
· Text of Proposition 26
c:\...\2000\agenda statements\Prop 26