HomeMy WebLinkAboutAgenda Packet 2000/02/15FEBRUARY 15, 2000 6:00 p.m.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Hotton,
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
1. Presentation to the Chula Vista Middle School Support Fund by Gary Nordstrom,
Chamber of Commerce President.
CONSENT CALENDAR
(Items 2 through 16)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or Ci(y staff requests that the item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) and submit it to the Ci~ Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled t~v the public will be the first items of business.
2. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on February 1, 2000, there were no
actions taken which are required under the Brown Act to be reported.
Staffrecomn~endation: The letter be received and filed.
B. Letter from Austin Neudecker, a student at Bonita Vista High School, requesting
financial assistance to attend the 2000 Youth Leadership Conference at Freedoms
Foundation, Valley Forge, PA. Under Council Policy 159-02, Council has
approved the expenditure of funds for various Chula Vista students to attend this
conference in exchange for a presentation to a City youth group.
Staff recommendation: $50 from the Council Contingency Account be granted to
Austin Neudecker towards expenses incurred for his attendance at the Freedoms
Foundation Conference.
C. Letter of resignation from Eleanore Valdovinos, member of the Board of Library
Trustees.
Staff recommendation: The resignation be accepted with regret, and the City
Clerk be directed to post immediately according to the Maddy Act in the Office of
the City Clerk and the public library.
Page I - Council Agenda 02/15/2000
D. Letter of resignation from Ignacio Valdovinos, member of the International
Friendship Commission.
Staff recommendation: The resignation be accepted with regret, and the City
Clerk be directed to post immediately according to the Maddy Act in the Office of
the City Clerk and the public library.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FY 1999/00 BUDGET BY APPROPRIATING UNANTICIPATED
EVEN START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $5,025 TO
THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR
EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S
EVEN START FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED)
The California Department of Education has awarded the Chula Vista Public Library a
$5,025 augmentation to its Even Start Family Literacy grant for the purpose of assisting
the project with state and national data collection requirements.
Staffrecontmendation: Council adopt the resolution. (Deputy City Manager Palmer)
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A GRANT IN THE AMOUNT OF $25,000 FROM SANDAG FOR THE
PURPOSE OF ENCOURAGiNG RESIDENT PARTICIPATION 1N THE 2000
CENSUS COUNT AND AMENDiNG THE FY 1999/00 BUDGET BY
APPROPRIATING UNANTICIPATED REVENUE iN THE AMOUNT OF $25,000
(4/5THS VOTE REQUIRED)
The San Diego Association of Governments (SANDAG) has awarded the City a grant of
$25,000 to conduct a series of bilingual street theater performances in various areas of
Chula Vista in order to raise awareness of and participation in the 2000 Census.
Staff recommendation: Council adopt the resolution. (Deputy City Manager Palmer)
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIViNG THE CITY'S FORMAL BIDDING PROCESS, APPROVING THE
APPROPRIATION OF $47,000 FROM THE AVAILABLE FUND BALANCE OF THE
GENERAL FUND TO THE LIBRARY AND RECREATION DEPARTMENT FOR
THE PURPOSE OF COMPLETiNG THE CITY-WIDE PARKS MASTER PLAN, AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WALLACE,
ROBERTS AND TODD TO ASSIST STAFF IN THE COMPLETION OF THE CITY-
WIDE PARKS MASTER PLAN (4/5THS VOTE REQUIRED)
At the meeting of February 1, 2000, Council approved a final payment to park planning
consultant, PBR for work previously completed on the Parks Master Plan. The proposed
resolution will appropriate funds for ne~v consultant services to assist staff in completing
the project.
Staff recommendation: Council adopt the resolution. (Deputy City Manager Palmer)
Page 2 -Council Agenda 02/15/2000
6. QUARTERLY FISCAL STATUS REPORT FOR THE SECOND QUARTER OF
FISCAL YEAR 1999-00
In accordance with Charter Section 504 (f), Council will consider a report covering the
second quarter of Fiscal Year 1999-00.
Staff recommendation: Council accept the report as submitted. (Deputy City Manager
Powell)
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MAINTAINING THE EXISTING INVESTMENT POLICY AND GUIDELINES
The City has an existing Investment Policy and Guidelines to insure the prudent
management of idle cash. State law requires that the Investment Policy and Guidelines
be adopted by resolution on an annual basis, after being reviewed to ensure consistency
with the overall objectives of preservation of principal, liquidity, and yield, and relevance
to current law and financial and economic trends.
Staff recommendation: Council adopt the resolution. (Deputy City Manager Powell).
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 1999-00 BUDGET BY APPROPRIATING $276,200
FROM THE AVAILABLE FUND BALANCES IN THE GENERAL FUND ($159,450),
PUBLIC FACILITIES DIF FUND ($98,750), AND SEWER SERVICE FUND ($18,000)
TO A NEW CAPITAL IMPROVEMENT PROJECT TITLED COMPUTER
NETWORK LIPGRADE (GG172) FOR NECESSARY NETWORK, SOFTWARE AND
HARDWARE UPGRADES AND REPLACEMENT OF THE UNINTERRUPTABLE
POWER SLIPPLY (4/5THS VOTE REQUIRED)
The City operates a mainframe, minicomputer, wide area network, local area network and
several different types of network operating systems. The need for computerization
continues to grow, as does the diversity of computer products, hardware, software and
technology in general. With the continued growth of computers among City staff,
network response time has been increasing. The proposed changes are needed in order to
address the response time issues, standardize on one network platform and provide
network management tools to quickly pinpoint problem areas in the future.
Staff recommendation: Council adopt the resolution. (Deputy City Manager Powell)
9 A. REPORT REGARDING THE DEVELOPMENT IMPACT FEE (DIF), PARK
ACQUISITION AND DEVELOPMENT (PAD) FEE, AND TRUNK SEWER CAPITAL
RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 1999
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MAKING FINDINGS THAT THE UNEXPENDED FUNDS IN THE VARIOUS DIF
FUNDS ARE STILL NEEDED TO PROVIDE CONSTRUCTION OF FACILITIES
FOR WHICH THE FEES WERE COLLECTED
Page 3 - Council Agenda 02/15/2000
State law requires local agencies assessing Development Impact Fees CDIF") and
capacity charges to make available specified financial data to the public each fiscal year.
This report satisfies that requirement and also includes for ease of reference, and for the
convenience of members of the public, information on Parkland Acquisition and
Development (PAD) fees.
Staff recommendation: Council accept the report and adopt the resolution. (Deputy City
Manager Powell/Director of Public Works)
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO.
35 [SUNBOW lID, MAKiNG AND ESTABLISHING CERTAiN INTERPRETATIONS
REGARDiNG THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL
TAXES WITHIN SUCH COMMUNITY FACILITIES DISTRICT
Ayres Land Company has requested that the City consider making an interpretation
regarding the application of the Extraordinary Special Tax provision, rate and method of
apportionment of special taxes for Community Facilities District No. 98-3, an open space
maintenance district for Sunbow II development. The interpretation requested by the
developer, if adopted by Council, would provide relief from this year's imposition of the
Extraordinary Special Tax. The City has retained the services of Brown Diven& Hessel,
LLP as legal counsel to provide assistance.
Staff recommendation: Council adopt the resolution and authorize the Director of
Finance to make a refund of the Extraordinary Special Tax levied in Fiscal Year 1999/00.
(Director of Public Works)
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING PAYMENT FOR PURCHASES iN EXCESS OF THE CITY
MANAGER'S AUTHORITY TO VENDORS OF EXISTiNG CONTRACTS FOR
UNLEADED GASOLINE TO THE COUNTY OF SAN DIEGO AND UNLEADED
GASOLINE AND DIESEL FUEL TO THE SoCo GROUP AND AWARDING
SUBSEQUENT PURCHASING AGREEMENTS FOR THE PURCHASE OF FUEL
THROUGH A COOPERATIVE BID WITH THE CITY OF SAN DIEGO
In December, 1998, the Public Works garage closed its underground fuel tanks to meet
EPA standards. After evaluating different fueling options and a competitive bid process,
the City entered into a purchase agreement with the SoCo Group for fuel for onsite
fueling for Chula Vista Transit and Public Works heavy equipment. Under a public
agency agreement, fuel was purchased for general fleet use from the County of San
Diego, which also used a competitive bid process to award its fuel contracts. The
purchase amount for the SoCo Group has, and the amount for the County of San Diego
will soon, exceed the City Manager's purchase authority limit.
Staff recommendation: Council adopt the resolution. (Director of Public Works/Deputy
City Manager Powell)
Page 4 - Council Agenda 02/15/2000
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING PURCHASiNG AGREEMENTS FOR THE
PURCHASE OF VARIOUS PICKUP TRUCKS
The FY 1999-00 Equipment Replacement, Planning & Building Department, and
Engineering Inspection Division budgets provide for the purchase of fourteen pickup
trucks. The bid was advertised in the Chula Vista Star News on December 4, 1999.
Twenty-two bid packages were sent out, and eleven bidders responded. Two Chula Vista
vendors were contacted, and both of them submitted bids. On December 16, 1999, the
bids for the purchase of these vehicles were opened.
Staff recommendation: Council adopt the resolution. (Director ofPublic Works/Deputy
City Manager Powell)
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTiNG BIDS AND AWARDiNG CONTRACT TO SIERRA ELECTRIC FOR
THE iNSTALLATION OF STREET LIGHTS AND TRAFFIC SIGNAL FLASHERS
ON PEPPERTREE ROAD IN THE CITY OF CHULA VISTA (CIP NO. TF244)
On January 19, 2000, the Director of Public Works received sealed bids from seven
electrical contractors for the installation of street lights and traffic signal rashers on
Peppertree Road in the City of Chula Vista (CIP No. TF244). A low bid of $29,775.00
was received from Sierra Electric.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REJECTING BIDS FOR THE MODIFICATION OF TRAFFIC SIGNAL SYSTEMS AT
HILLTOP DRIVE/J STREET, THIRD AVENUE/J STREET AND FIFTH AVENUE/H
STREET (TF234)
On October 20, 1999, the Director of Public Works received sealed bids from two
electrical contractors for traffic signal modifications at Hilltop Drive/J Street, Third
Avenue/J Street and Fifth Avenue/H Street (TF234). After reviewing those bids, staff
recommends, in the best interest of the City, that the bids be rejected. City staff will then
rebid the project.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA,
lEASTLAKE DEVELOPMENT COMPANY, LLC, AND OTAY WATER DISTRICT
TO PROVIDE FOR THE TRANSFER OF SEWER CAPACITY AT THE OTAY
LAKES ROAD SEWAGE PUMP STATION FROM THE EASTLAKE
DEVELOPMENT COMPANY TO OTAY WATER DISTRICT
Page 5 Council Agenda 02/15/2000
Otay Water District (Otay) owns real property located within the City's sphere of
influence, more commonly known as "Use Area". Otay leased a portion of this Use Area
to Pacific Link to be used for the construction of "Auld Goff Course". The purpose of
this agreement is to provide Otay with eleven Equivalent Dwelling Units (EDUs) of
sewer capacity at the Otay Lakes Road Sewage Pump Station for the proposed "Auld
Goff Course". Under this agreement, EastLake would grant Otay Water District 11
EDUs of capacity fights out of their allocated 2114 EDUs at this pump station.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SALE AGREEMENT WITH THE MAR1NA CONGREGATION
OF JEHOVAH'S WITNESSES CHULA VISTA, CA, iNC. FOR CITY-OWNED
PROPERTY LOCATED AT 515 TERRA NOVA DRIVE
In the early 1990's the City and Agency facilitated the development of the Palomar
Trolley Center located at Broadway and Palomar in the Southwest Redevelopment area.
The development required property acquisition and consolidation. The Marina
Congregation of Jehovah's Witnesses entered into a lease agreement with the City for the
1.5 acre parcel and built a new facility.
Staff recommendation: Council adopt the resolution. (Director of Community
Development)
ORAL COMMUNICATIONS
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff or members of the public. The
items will be consMered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please ~H out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerkprior to the meeting.
17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTiNG 1N ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST),
APPROVING THE FORMS OF RESTATED INDENTURE, REMARKETING
AGREEMENT AND PRELIMINARY REMARKETiNG MEMORANDUM, AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH
In November, 1999, Council approved the issuance of $23 million of Special Tax Bonds
for Community Facilities District 99-1. Although the bonds were successfully sold in
December, due to developer ownership changes that occurred near the time of the bond
sale closing date, it is necessary to thoroughly disclose this information to existing and
potential investors and to remarket the bonds.
Staff recommendation: Council adopt the resolution. (Deputy City Manager Powell)
Page 6 Council Agenda 02/15/2000
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
18. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
19. MAYOR'S REPORTS
A. Consideration of a resolution supporting the 619 area code overlay.
20. COUNCIL COMMENTS
ADJOURNMENT to a Closed Session and thence to an Adjourned Meeting of the City
Council on February 19, 2000 at 8:30 a.m. in the City Council Conference Room and thence to
the Regular Meeting of February 22, 2000, at 6:00 p.m. in the Council Chambers.
Page 7 - Council Agenda 02/15/2000
crlY OF
CHULA VISTA
MEMORANDUM
February 9,2000
To: The Honorable Mayor and City Council
From: David D. Rowlands, Jr., City Manage~O~
Subject: Council Meeting of February 15, 2000
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday February 15, 2000. Comments regarding the Written Communications are
as follows:
2a. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on February 1, 2000, there
were no actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
2b. This is a letter from Austin Neudecker, a student at Bonita Vista High School,
requesting financial assistance to attend the 2000 Youth Leadership Conference
at Freedoms, Foundation, Valley Forge, PA. Under Council Policy 159-02,
Council has approved the expenditure of funds for various Chula Vista students
to attend this conference in exchange for a presentation to a City youth group. IT
IS RECOMMENDED THAT $50 FROM THE COUNCIL CONTINGENCY
ACCOUNT BE GRANTED TO AUSTIN NEUDECKER TOWARDS EXPENSES
INCURRED FOR HIS ATTENDANCE AT THE FREEDOMS FOUNDATION
CONFERENCE.
2c/d. IT IS RECOMMENDED THAT ELEANOR VALDOVINOS' RESIGNATION FROM
THE BOARD OF LIBRARY TRUSTEES AND IGNACIO VALDOVINOS'
RESIGNATION FROM THE INTERNATIONAL FRIENDSHIP COMMISSION BE
ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST
IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE
AND THE PUBLIC LIBRARY.
DDR:mab
February 9, 2000
MEMO TO: City Clerk
FROM: Patty Wesp ~~
SUBJECT: SPECIAL ORDERS OF THE DAY- FEB 15, 2000
At the request of Rod Davis, Chamber of Commeme Executive Director,
please docket the following under Special Orders:
Chamber of Commerce Presentation to the
Chula Vista Middle School Support Fund
By: Gary Nordstrom, Chamber President
Thank you.
cc: Mayor Horton
' -~,, 10/16/99
3r3 Glen Creek Dr.
Bonita, CA 919o2
~2/25/x999
City ?~f Chula Vista
276 4t Ave
Chula Vista, CA, 9x9xo
Dear City Officials,
I arn one of thl -six high school students recently selected to attend the year 2000 Youth
Leadership Co~rtfeegence conducted by Freedoms Foundation at Valley Forge, Pennsylvania
and Washington D.C.
The mission of Freedoms Foundation at Valley For e is: to impart to Americans -
articularl young Americans - an understanding o~gaend commitment to our national
~eritage, t~e basic values upon which this nation was built, the flee enterprise system and
responsible citizenship. '
The conference on the Valle Forge campus will include meetings with prominent
historians, educators, journ~ists, and economists. We w/ll travel to Washington D.C. to
meet legislators and visit important national historic sites.
I am a junior at Bonita Vista High School and regard myself an industrious student-athlete
who strives to become a better person and maintains a voracious hunger for knowledge.
Through m years of high school, I have been blessed with several opportunities to serve. I
am currentFy egolied in a ri orous schedule of six advanced placement and international
bachelorlate classes. MyGgis approximately 4-7- Besides the scholarly demands m
academics consume, I earned Varsity letters in Cross-Country and Track and Field. Pram
the Captain of the Speech and Debate Team and the President of/s, a conununity service
club. As the attached r~sum~ should further convey, I am striving to become a "Renaissance
Man," as my coach has called me.
Leadership is a necessary quail we all must strive to achieve. I have no doubt that
participatin in the Freedoms Voundation Youth Conference would provide leadership
training an~g2 chance to understand the views of others.
The San Die o County Chapter of Freedoms Foundation at Valley For e organizes
s onsors, an~ underwrites a significant portion of the cost of this trip. g~e are aske'd to find
~ancial sponsors within our community who support youth programs. I am required to
raise a total of $6o0 by February t, 2ooo. I hope that your organization will consider
helping me achieve this goal. Any donation is tax-deductible to the fi~l extent of the law and
beneficial to both parties concerned.
To show my appreciation for your sponsorshi I would be happy to provide a program on
the conference and Freedoms Foundation at ~'afiey Forge for one of your meetin s. If
more information is re uired, feel free to contact me at (&9) 42ko32o or Carrie gugger,
Vice President of Youg at (&9) 544-6578.
Checks must be made out to FFVF, San Diego Chapter and mailed to me at the address
above (or below).
Thank you for your consideration in sponsoring me for this wonderful and exciting
opportunity.
Sincerely,
(6~9) 42I-o32o
Chula Vista City Council
It is with regret that I must w~ite this letter
of resignation from the Board of Trustees of the
Chula Vista Library. I am honored to have served,
but now find it impractical to continue due to
time and transportation difficulties.
Thank you for your consideration.
Sincerely,
Eleanore Valdovinos
Chula Vista City Council
It is with regret that I find it necessary
to resign from the International Friendship
Commission. I am honored to have been on
this Commission, however I am about to
undergo Cataract surgery and will face
visual difficulties that Would make it
impractical to continue.
I have enjoyed being on this Commission
and wish it much future success.
Sincerely
Ignacio Valdovinos
COUNCILAGENDASTATEMENT
Item:
Meeting Date: 2/15/2000
ITEM TITLE: Resolution Amending the FY 99/00 budget by
appropriating unanticipated Even Start grant augmentation funds
in the amount of $5,025 to the Library and Recreation
Department budget for expenditures associated with the Chula
Vista Literacy Team's Even Start Family Literacy grant.
SUBMITTED BY: Library and Recreation Director~
REVIEWED BY: City Manager{~ I~.~ (4/5ths Vote: YES X NO
The California Department of Education has awarded the Chula Vista Public Library a $5,025
augmentation to its Even Start Family Literacy grant for the purpose of assisting the project
with state and national data collection requirements. (ATTACHMENT 'A')
STAFF RECOMMENDATION: That Council approve the resolution amending the FY 99/00
budget by appropriating unanticipated Even Start grant augmentation funds in the amount of
$5,025 to the Library and Recreation Department budget.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: In November 1999, the City Council accepted a four-year Even Start Family
Literacy Grant. This federally funded; intergenerational family literacy program is a
collaboration between the City and the Chula Vista Elementary School District. The City
serves as the fiscal agent, while the District provides the direct services.
The Library intends to use the augmentation funds to purchase, as suggested by the State,
commercial database software and training to assist with data collection requirements.
FISCAL IMPACT: An additional $5,025 will be appropriated to the Even Start grant budget.
These funds may not be used to supplant existing support for Literacy Team Center activities.
All Even Start grant funds must be spent or encumbered by August 31, 2000.
[e:\home\library~A113\Donations for CA - Rec - Lib.A113 - 12-02-99]
ATTACHMENT A ~ ~,
DELAINE EASTIN
State Superintendent of Public Instruntion
November 13, 1999
TO: Meg Scho~eld, Even Start Director
Chula Vista Literacy Team Center
FROM: Andre~--~nndreoli, Manager
Policy/Program Coordination Office
SUBJECT: ADDITIONAL FUNDS FOR REQUIRED DATA COLLECTION
Please be informed that your Even Start Grant Award for 1999-2000 has been
increased by $5,025. This amount has been added to your grant specifically for the
purpose of assisting with data collection requirements asked by FU Associates via their
Even Start Performance Information Reporting System (ESPIRS) form, and for state
data collection requirements.
It is the intent of the California Department of Education to assist the local projects with
this required data collection activity. We realize that this is a time consuming activity
and would like to assist the projects in gathering and reporting the required information
by providing these additional funds.
These funds are to be used at the discretion of the local Even Start projects, with the
sole intent of complying with federal regulation on data collection. You may use these
funds to create/develop or purchase commercial database software to assist you with
this task. Please talk with other Even Start projects to see what type of data collection
software they are using.
Thank you for your continued assistance and support in providing a comprehensive
Even Start Family Literacy' program.
If you have any questions, please call Salvador Arriaga at (916) 657-4770 or Gloria
Guzm~n-Walker at (916) 657-3034.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA A_MENDING THE FY 99/00 BUDGET BY
APPROPRIATING UNANTICIPATED EVEN START GRANT
AUGMENTATION FUNDS IN THE AMOUNT OF $5,025 TO
THE LIBRARY AND RECREATION DEPARTMENT BUDGET
FOR EXPENDITURES ASSOCIATED WITH THE CHULA
VISTA LITERACY TEAM'S EVEN START FAMILY
LITERACY GRANT
WHEREAS, the California Department of Education has
awarded the Chula Vista Public Library a $5,025 augmentation to its
Even Start Family Literacy grant for the purpose of assisting the
project with state and national data collection requirements; and
WHEREAS, the Library intends to use the augmentation funds
to purchase, as suggested by the State, commercial database software
and training to assist with data collection requirements.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the FY 1999-2000 by
appropriating unanticipated Even Start grant augmentation funds in
the amount of $5,025 to the Library and Recreation Department budget
for expenditures associated with the Chula Vista Literacy Team's
Even Start Family Literacy grant.
Presented by Approved as to form by
David Palmer, Deputy City John , ~ity Attorney
Manager
H: \Home\Attorney\Reso\evenstar
COUNCIL AGENDA STATEMENT
ITEM ~Z
MEETING DATE: February 15, 2000
ITEM TITLE: Resolution accepting a grant in the amount of $25,000 from
SANDAG for the purpose of encouraging resident participation in the
2000 Census count and amending the FY 1999-00 budget by appropriating
unantieipated grant revenue in the amount of $25,000
SUBMITTED BY: Deputy City Manager Palmer~
REVIEWED BY: ' ~,5~ f;C' (4/5ths Vote: YES X NO
City Manager )
The San Diego Association of Governments (SANDAG) has awarded the City of Chula Vista a
grant of $25,000 to conduct a series of bilingual street theater performances in various areas of
Chula Vista in order to raise awareness of and participation in the 2000 Census.
RECOMMENDATION: That Council accepts the grant and amends the FY 1999-00 budget
by appropriating $25,000 in unanticipated grant revenue.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The City's Public Information Office has been awarded a $25,000 grant from
SANDAG to ensure that all Chula Vista residents are ~ounted during the 2000 Census
(ATTACHMENT A). Undercounts are a serious concern and have lasting consequences. For
example, it is estimated that Chula Vista lost over $5 million during the last decade as a result of
the 1990 census undercount.
The City's unique project focuses on presenting bilingual "Census 2000 Street Theater"
throughout the community during the month of March 2000. An approximately fifteen minute
long skit, encouraging participation in the census, will be written and performed over 70 times in
parts of the City where the undercount was greatest. The focus will be on breaking through the'
barriers of cultural differences and fear of government by many Spanish-speaking residents. Not
only will the skit be performed in traditional venues such as schools, churches, libraries and
recreation centers; it will also be presented in small parks, the end of cul-de-sacs and in other
neighborhood gathering places. Flyers will advertise their performance, and incentives and
handouts will be given after the performance to help emphasize the message that the Census is
confidential and safe.
FISCAL IMPACT: If accepted, $25,000 will be appropriated to the Public Information
Office's budget for the purpose of conducting Census 2000 outreach. These funds will
supplement the $10,000 the City had previously budgeted for this purpose.
ATTACHMENT A
San Diego
ASSOCIATION OF
GOV E RNM ENTS
401 B Street. Suite S00
San Diego. Galifornia 92101-4231
Januany 28, 2000 (6tg) 595-5300 · Fax (619) 595-5305
http:~wv,~.sandag.cog.ca .us
TO: Census 2000 Outreach Projects
FROM: Karen Lamphere, SANDAG
SUBJECT: Status of State Funding
As you know, the census outreach project you submitted for state ftmds was approved for full
or partial funding by the San Diego Complete Count Committee (CCC). At its Ianuary 28, 2000
meeting, the SANDAG Board of Directors concurred with the CCC's recommendation and
approved the Hst of projects and the funding amounts.
We had anticipated receiving the state funds by this date and being able to enter into an
_ agreement with your agency immediately following today's action by the SANDAG Board of
Directors. U~ffortunately, there have been delays by the state in administering this program and
delivering the funds to this region. We are working hard to resolve these issues and expect to
have the funds on or about February 7, 2000.
In anticipation of the receipt of the state funds, a contract (two copies) will be sent to you in the
next few days. Please review this contract and contact me if you have any questions. DO NOT
SIGN THE CONTRACT until you have been notified that the funds are available for
distribution. At that time, the authorizing agent for your agency shotrid sign both contracts and
return thorn to SANDAG. SANDAG's Executive Director will sign the contracts and we will
then return one copy to you for your files.
I look forward to working with you to make sure this region has a complete and accurate count.
Please contact me at (619) 595-5355 or kla@sandag.cog.ca.us ff you have any questions.
Kt/jm
MEMBER AGENCIES: Cities of Cadsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinilas, Escendjdo, Imperial Beach, La Mesa, Lemon Grave.
Nalienal Cit)/, Oceansida, Poway, San Diego, San Marcos, Sanlee, Solone Beach, Vista, and Counly of San Diego,
ADVISORY/LIAISON MEMBERS: California Department of Transpodetion, U.S, Department of Defense, S,D. Unified Pore Distdcl,
S,D, County Water Authority, and Tliuana/Baja California.
San Diego
ASSOC~TION OF
January 21, 2000 GOVERNMENTS
401 B Street, Suite 800
San Diego, Calilornia 92101-4231
(619) 595-5300 ,, Fax (619) 595-5305
David Palmer http:flwwwsandag cog,ca.us
Deputy City Manager
City of Chula Vista
276 Fourth Ave
Chula Vista, CA 91910
Dear Mr. Palmer:
Thank you for your interest in receiving funds for Census 2000 outreach activities in the San Diego
region. The response to the Call for Projects was tremendous. Thirty-ttu-ee (33) proposals were
submitted. The amount of funds requested totaled $1,034,400--more than three times the amount
available for distribution. The review panel designated by the Complete Count Committee (CCC)
looked closely at each proposal to determine which projects (or parts of projects) best meet the goals
of the CCC and which supplement rather than duplicate regional, state, and national outreach efforts
and materials.
The enclosed memo includes a description of the selection process and a listing of the proposals that
were snbmitted, the amount that was requested, and fire amount that was funded. This list was
approved by the Complete Count Committee at its January 18 meeting, and will be presented to the
SANDAG Board of Directors for approval at its meeting on January 28.
I am pleased to inform you that the proposal you submitted is reconunended to be fully funded.
Pending the SANDAG Board of Directors approval of the projects to be funded am'l the atnounts to be
awarded, aud pending receipt of the stale monies that will fund the project, each agency awarded
funds will be sent a contract. Upon receipt of the signed contract, a check in the amount of 70% of the
awarded an~ount will be sent. The remaining 30% will be distributed upon the successful completion
of the tasks outlined in the contract and the submittal of a project completion report by May 15, 2000.
Please review the enclosed sheet, "Things You Should Know About Census 2000" and call me if you
have any questions. I will be in contact with you soon, and look forward to ~vorking with you f:o make
sure this region has a complete and accurate count.
Sincerely,
/ /)'
KAREN LAMPHERE
Senior Regional Planner
KL/jm
Enclosu re
MEMBE[~ AGENCIES: C/has of Carlshad, Chula V s a, Coronado, Bet Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon G~ovo,
Nalianal City, Oceans de, Poway, San Diego, San Marcos, Sanlee, Solaria Beach, Vista, and County ot San O/ego.
ADVISORY/LIAISON MEMBERS: Cali(ornia Depadment of Transpoaalion, US Departmen o De ense, SD LId/lied Port District,
S.D. County Water Aufilorily, and Tijuana/Baja California.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GPjtNT IN THE AMOUNT OF
$25,000 FROM SANDAG FOR THE PURPOSE OF
ENCOURAGING RESIDENT PARTICIPATION IN THE 2000
CENSUS COUNT AND AMENDING FY 99/00 BUDGET BY
APPROPRIATING UNAMTICIPATED REVENUE IN THE
AMOUNT OF $25,000
WHEREAS, the San Diego Association of Governments
(SANDAG) has awarded the City of Chula Vista a grant of $25,000 to
conduct a series of bilingual street theater performances in
various areas of Chula Vista in order to raise awareness of and
participation in the 2000 Census; and
WHEREAS, an approximately fifteen minute long skit,
encouraging participation in the census, will be written and
performed over 70 times in parts of the City where the undercount
was greatest with the focus on breaking through the barriers of
cultural differences and fear of government by many Spanish-
speaking residents; and
WHEREAS, not only will the skit be performed in
traditional venues such as schools, churches, libraries and
recreation centers; it will also be presented in small parks, the
end of cul-de-sacs and in other neighborhood gathering places.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept a grant in the amount of
$25,000 from SANDAG for the purpose of encouraging resident
participation in the 2000 Census count.
BE IT FURTHER RESOLVED that the FY 1999-2000 budget is
hereby amended to appropriate unanticipated grant revenue in the
amount of $25,000 to the Public Information Office's budget.
Presented by Approved as to form by
David Palmet, Deputy City ~ M. Kaheny, City~rney
Manager
H:\Home\Attorney\Reso\sandag,cen
_ COUNCIL AGENDA STATEMENT
ITEM ~'
MEETING DATE: February 15, 2000
ITEM TITLE: Resolution waiving the City's formal bidding process, approving the
appropriation of $47,000 from the available fund balance of the General
Fund to the Library and Recreation Department for the purpose of
completing the city-wide Parks Master Plan and authorizing the City
Manager to negotiate and execute an agreement between the City of Chula
Vista and Wallace, Roberts and Todd to assist staff in the completion of
the city-wide Parks Master Plan
SUBMITTED BY: Deputy City Manager Palmer~(~
REVIEWED BY: City Manager ~59\'~' (4/Sths Vote: YES X NO __)
RECOMMENDATION: That Council waive the City's formal bidding process, approve the
appropriation of $47,000 from the available fund balance to the Library and Recreation
Department and authorize the City Manager to negotiate and execute an agreement between the
City and Wallace, Roberts and Todd CWRT"), in a form to be approved by the City Attomey's
office.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: At the meeting of February 1, 2000 the City Council approved a final payment
to park planning consultant PBR for work completed on the Parks Master Plan. At that time, it
was indicated that staff would return to Council to request an additional appropriation for
completion of the plans.
At that time Council was also informed that staff was working to secure an agreement with WRT
to assist staff with the completion of the master plan. Due to the status of the project, timing
issues, and since WRT was ranked as the second most qualified bidder for the original Parks
Master Plan contract, staff believes it is impractical to rebid the remainder of this project.
Consequently, staff recommends that the bidding process be waived and the City Manager be
authorized to negotiate and execute an agreement with WRT, in a form to be approved by the
City Attorney, to assist staff in completing the project.
The completion of the Parks Master Plan will now be shepherded by Deputy City Manager
Palmet with the primary assistance of the Landscape Architecture and Park Design unit. A
completed plan is expected to be brought forward for Council review by mid-spring 2000.
FISCAL IMPACT: If approved by Council, $47,000 will be appropriated from the available
balance of the General Fund to the Library and Recreation Department for completion of the
Parks Master Plan.
- RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS,
APPROVING THE APPROPRIATION OF $47,000 FROM THE
AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE
LIBRARY AND RECREATION DEPARTMENT FOR THE PURPOSE
OF COMPLETING THE CITY-WIDE PARKS MASTER PLAN AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT BETWEEN THE CITY OF CH ULA VISTA
AND WALLACE, ROBERTS AND TODD TO ASSIST STAFF IN THE
COMPLETION OF THE CITY-WIDE PARKS MASTER PLAN
WHEREAS, at its meeting of February 1, 2000, the City Council approved a final
payment to park planning consultant PBR for work completed on the Parks Master Plan; and
WHEREAS, at that time, it was indicated that staff would return to Council to request an
additional appropriation for completion of the Parks Master Plan; and
WH EREAS, the completion of the Parks Master Plan will now be shepherded by Deputy
City Manager Palmer with the primary assistance of the Landscape Architecture and Park Design unit;
and
WHEREAS, this project was originally competitively bid; and
WHEREAS, staff recommends that the City Council waive the formal selection process
for the selection of this consultant to materially better serve the City's interest, as defined in Section 2.56
of the Municipal Code, citing the following reasons:
1. This project was partially completed by the original consultant; and
2. This plan must be timely completed for uniform park planning throughout the
City to continue; and
3. Recently the consultant selection process for the Parks master Plan was
completed; and
4. During that selection process, through the submittal of a written proposal and
an oral interview with the selection committee, WRT demonstrated competence
and qualifications to perform the necessary consultant services; and
5. WRT was ranked as the second most qualified bidder for the original Parks
Master Plan contract during that selection process; and
WHEREAS, a completed plan is expected to be brought forward for Council review by
mid-spring 2000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby waive the City's formal bidding process in accordance with Section 2.56 of the Chula Vista
_ Municipal Code and appropriate $47,000 from the available fund balance of the General Fund to the
Library and Recreation Department for the purpose of completing the city-wide Parks Master Plan.
' BE IT FURTHER RESOLVED that the City Manager is hereby authorized to negotiate
and execute an agreement between the City of Chula Vista and Wallace, Roberts and Todd, in a form
to be approved by the City Attorney's office, to assist staff in the completion of the city-wide Parks
Master Plan.
Presented by . Approved as to form by
Deputy City Manager ttorney
[EWH)H:/HOME\attorneyRESOS\Wallace Agreement (February 10, 2000 (8:45AM)]
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date February 15, 2000
ITEM TITLE: Quarterly Fiscal Status Report for the Second
Quarter of Fiscal Year 1999-00
SUBMITTED BY: Deputy City Manager Powell~
REVIEWED BY: City g ~i~ ~ (4/5ths Vote: Yes No X )
Mana er ~ ~ __
In accordance with Charter Section 504(f), attached for your
consideration is a report covering the second quarter of Fiscal
Year 1999-00.
RECOMMENDATION: That Council accept the report as submitted.
DISCUSSION:
Section 504{f) of the City Charter requires quarterly fiscal status
reports to be filed by the Director of Finance through the City
Manager. Attached for your consideration is the report covering
the second quarter status for Fiscal Year 1999-00.
The City General Fund began the fiscal year with an Available Fund
Balance of $9.7 million. Assuming that the assumptions made during
the budget process for Fiscal Year 1999-00 remain valid, based on
performance through the end of the second quarter, it is
anticipated that the Available Fund Balance for the General Fund
could increase by more than $3 million by year end. This
projection does consider those budget amendments approved by
Council between December 31, 1999 and the date of this report,
including the amendment related to the Compensation Study
adjustments, but does not take into account several unfunded budget
amendments that are in the process of being prepared for City
Manager and Council review and approval.
The detailed attachments to the second quarter status report
generally reflect that revenues continue to be strong and we are
optimistic that actual revenues overall will exceed budget
estimates by approximately $3.5 million. Overall expenditure
levels at this point in the year appear to be slightly less than
budgetary allocations primarily due to position vacancies.
- Page 2, Item Z~
Meeting Date 2/15/00
FISCAL IMPACT:
There is no fiscal impact relative to accepting or rejecting the
report, since it is for information purposes only.
COUNCIL INFORMATION
DATE: February 15, 2000
TO: Honorable Mayor an,~ity Council
VIA: David D. Rowlands, Jr., City Manager
FROM: Robert W. Powell, Deputy City Manager ~
SUBJECT: QUARTERLY FISCAL STATUS REPORT FOR THE QUARTER
ENDED DECEMBER 31, 1999.
The General Fund budget adopted for Fiscal Year 1999-00 included appropriations for
expenditures and transfers out of $73.8 million, supported by estimated revenues and
transfers in of $73.8 million. Through the end of the second quarter of the fiscal year
1999-00, Council appreved supplemental appropriations totaling $401,907 more than
estimated revenues. Due to a beginning budgetaW balance anticipating $79,100 more
in revenues, only $322,807 is contemplated to be absorbed by General Fund reserves.
Refer to Attachment A for the detail of the supplemental budget items approved by
Council in the second quarter.
Attachments B and C are Summary Statements of actual Revenues totaling $23.6
million (30.8% realized) and actual expenditures totaling $33.1 million (54.7% incurred)
as of the end of the second quarter of fiscal year 1999-00. These amounts are
consistent with normal trends for the second quarter of a fiscal year.
As noted in the schedule below, overall projections as of the end of the quarter
anticipate that available fund balance will increase by approximately $4.1 million. These
projections are slightly improved from the Five-Year General Fund Revenue and
Expenditure Projections Report provided to Council on December 20, 1999.
..... ieii~-ii'~'Eia'r .....Adopted "':~mended Projected
2~00" Budget ::..Budget 'A~ual "' Variance
Revenues/
Transfers In
73,836,274 76,709,909 80,180,615 3,470,686
Expenditures/
Transfers Out
73,757,174 77,032,736 76,036,781 (995,955)
Excess(Deficiency)
of Revenues
Over Expenditures
$79,100 ($322,807) $4,143,834
It must be noted that since the end of the second quarter, several budget amendments
have been approved or are in the process of being prepared. Examples of already
approved amendments and the resultant net impact on Fund Balance include the Salary
Compensation Adjustments ($640,000) and the PBR - City Wide Parks Master Plan
($45,600). Several amendments are in the draft stage including some requesting a
number of additional permanent positions. These "in-process" budget amendments, if
approved, will have a significant, but as yet unquantified negative impact in these Fund
Balance projections.
REVENUE/TRANSFERS-IN
Attachment D reflects projected actual revenues for the fiscal year 1999-00 to be greater
than budget by $3.5 million or 4.5%. As discussed in greater detail in Attachment D,
actual revenues in most categories are projected to meet or exceed budget estimates.
Those individual accounts reflecting the most positive growth in excess of budget
estimates at this time are Franchise Fees (+2,118,000 or 82%); State Motor Vehicle
License Fees ($400,000 or 5.4%), and Other Miscellaneous Revenues ($535,715 or
68%).
EXPENDITURES/TRANSFERS-OUT
Actual expenditures/transfers out are conservatively projected to be about $1,000,000
less than budgeted which is essentially due to vacancies and turnover. All departments
will be providing updated projections for the third quarter status report, which will allow
us to more accurately project actual expenditure savings for the fiscal year.
ADMINISTRATIVE BUDGET TRANSFERS
There was one appropriation transfer between expenditure categories approved by
Administration during the second quarter totaling $9,985 (See Attachment E).
Attachment A
General Fund Budget Amendments
Per Council Resolutions
Fiscal Year 1999-00 as of December 31, 1999
Est. Add°l Add'l General Fund
Description Revenues A,D,DrOp. ~
1 st Quarter - Total $322,511 $379,371 ($56,860)
Unanticipated Federal Grant Revenues - HIDTA 24,965 24,965 0
H IDTA Grant Funds for CBAG 139,037 139,037 0
Chula Vista Elementary School 5,000 5,000 0
South Bay Family YMCA Grant 10,853 10,853 0
Fire Station No. 4 funding from Police DIF 66,985 66,985 0
Bonita Optomist Club 0 11,050 (11,050)
Public Works Info. System Modernization & Expansion 0 69,491 (69,491)
Esgil Corporation Plan Check Engineering Services 80,000 80,000 0
Libraries "Even Start Program" 256,325 256,325 0
Police "Every 15 minute Program" 4,000 4,000 0
Conservation Biology Institute Contract 0 13,700 (13,700)
Interim Police Facility Remodel 367,475 367,475 0
Amendment to MNA Consulting 0 77,760 (77,760)
Police "COPS More" Grant 500,372 500,372 0
Police "SLESF" Grant 206,799 206,799 0
Police "COPS Universal Hire Program" Grant 453,455 453,455 0
Police "LLEBG" Grant 112, 140 112,140 0
Brown Field Cargo Port Expansion 0 79,900 (79,900)
Police "COPS in School" Program 216,656 216,656 0
Attachment A
General Fund Budget Amendments
Per Council Resolutions
Fiscal Year 1999-00 as of December 31, 1999
Est. Add°l Add'l General Fund
Description Revenue~ ADDrOp, Net ImDa~t
Miscellaneous Employment Related Health Expenses 75,000 45,000 30,000
Cafeteria Beneftis Plan 2000 0 68,952 (68,952)
Restructuring and Reclassification of Positons in Admin.,
Finance, Human Resources, Library/Parks &Recreation, 0 54, 194 (54, 194)
Library Donations approprated to the General Fund 32,082 32,082 0
2nd Quarter Total $2,551,144 $2,896,191 ($345,047)
Year To Date Budget Amendments $2,873,655 $3,275,562 ($401,907)
Attachment B
GENERAL FUND REVENUES
Summary by Revenue Category
Fiscal Year 1999-2000 as of December 31, 1999
AMENDED ACTUAL PERCENT
BUDGET TODATE REALIZED
Property Taxes $10,239,004 $4,399,513 43.0%
Other Local Taxes
Sales 15,660,000 5,347,388 34.1%
Franchise 2,584,000 675,382 26.1%
Transient Occupancy 1,851,000 657,487 35.5%
Utility Users 3,630,000 1,441,823 39.7%
Business License 830,000 98,698 11.9%
Other 625.000 139.151 22.3%
Total Other Local Taxes 25,180,000 8,359,931 33.2%
Licenses & Permits
Building, Plumbing, Electrical 2,942,000 1,474,208 50.1%
Other 390.900 117.176 30.0%
Total Licenses & Permits 3,332,900 1,591,383 47.7%
Fines, Forfeitures &Penalties 735,472 469,472 63.8%
Revenue from Use of Money & Property 1,408,805 778,878 55.3%
Revenue from Other Agencies
State Motor Vehicle License Fees 7,368,655 3,028,723 41.1%
Police Grants 3,006,219 531,772 17.7%
Other ~ 385.668 15.8%
Total Revenue from Other Agencies 12,818,906 3,946,163 30.8%
Charges for Current Services
Development-related Services 6,434,458 1,833,671 28.5%
Other Charges 2.935.7§7 ~ 43.7%
Total Charges for Current Services 9,370,225 3,115,481 33.2%
Other Revenues
Reimbursements from Other Funds 5,312,957 7,735 0.1%
Other 822.388 490.981 59.7%
Total Other Revenues 6,135,345 498,716 8.1%
Transfers-In 7.489.272 434.460 5.8%
TOTAL REVENUES & TRANSFERS-IN $76,709,929 $23,593,997 30.8%
Attachment C
GENERAL FUND EXPENDITURES
Summary by Department
Fiscal Year1999-00 as of December 31, 1999
Amended Expenditures *Outstanding Available Percent
Department Budget To Date Encumbrances Balance Available
City Council 483,290 211,524 1,172 $270,594 56.0%
Boards and Commissions 8,825 1,864 0 $6,961 78.9%
Community Promotions 298,201 193,349 29,280 $75,572 25.3%
City Attorney 1,186,976 497,088 8,285 $681,603 57.4%
City Clerk 350,030 154,741 9,735 $185,554 53.0%
Administration 1,589,776 630,528 73,654 $885,595 55.7%
Mgmt &Information Services 1,687,926 719,901 96,966 $871,059 51.6%
Human Resources 2,713,448 1,137,708 16,407 $1,559,333 57.5%
Community Development 1,500,031 641,070 30,281 $828,680 55.2%
Finance 1,907,089 883,134 19,349 $1,004,606 52.7%
Planning and B&H 5,254,777 2,195,100 178,456 $2,881,221 54.8%
Non-Departmental 2,417,876 964,709 74,591 $1,378,577 57.0%
Police 24,722,352 10,695,982 465,376 $13,560,993 54.9%
- Fire 8,104,004 3,751,854 43,789 $4,308,361 53.2%
Public Works 16,551,541 7,101,941 463,737 $8,985,864 54.3%
Library 8,256,591 3,297,319 339,656 $4,619,615 56.0%
TOTAL EXPEND. & TRANSFERS OUT $77,032,736 $33,077,812 $1,850,735 $42,104,189 54.7%
* The Amended Budget and Encumbrance columns do not include Prier Year Purchase Orders approved for canTover into the current year.
Attachment D
GENERAL FUND 'REVENUES
Summary by Revenue Category
Fiscal Year 1999-2000 as of December 31, 1999
AMENDED PROJECTED PROJECTED
Property Taxes $10,239,004 $10,339,004 $100,000
Other Local Taxes
Sales 15,660,000 15,960,000 300,000
Franchise 2,584,000 4,702,000 2,118,000
Transient Occupancy 1,851,000 1,851,000 0
Utility Users 3,630,000 3,630,000 0
Business License 830,000 830,000 0
Other 625.000 625.000 0
Total Other Local Taxes $25,180,000 $27,598,000 $2,418,000
Licenses & Permits
Building, Plumbing, Electrical 2,942,000 2,942,000 0
Other 390.900 390.900 0
Total Licenses & Permits $3,332,900 $3,332,900 $0
Fines, Forfeitures & Penalties 735,472 735,472 $0
Revenue from Use of Money &Property 1,408,805 1,408,805 $0
Revenue from Other Agencies
State Motor Vehicle License Fees 7,368,655 7,768,655 400,000
Police Grants 3,006,219 3,006,219 0
Other ~ ~ 0
Total Revenue from Other Agencies 12,818,906 13,218,906 $400,000
Charges for Current Services
Development-related Services 6,434,458 6,434,458 0
Other Charges 2.935.767 2.935.767 0
Total Charges for Current Services 9,370,225 9,370,225 $0
Other Revenues
Reimbursements from Other Funds 5,312,957 5,329,928 16,971
Other ~?2..3JJ_ 1.358.109 535.715
Total Other Revenues 6,135,345 6,688,031 $552,686
Transfers-In Z,_4J[9.2.Z~ 7.489.272 $0
_ TOTAL REVENUES & TRANSFERS-IN $76,709,929 $80,180,615 $3,470,686
Attachment D (Cont,)
SUMMARY OF VARIANCE ANALYSIS - REVENUES
Fiscal Year 1999-00 as of December 31, 1999
Overall, actual revenues are projected to be equal or greater that budgeted'
revenues by approximately $3.5 million. These revenue projections assume that
development continues at the pace budgeted in the current year and the
economy stays healthy for the remainder of the fiscal year.
Property Taxes- Projected revenue $10,339,004, variance $100,000, 1.0%
Chula Vista continues to experience a growth in its property tax base resulting in
a positive variance of approximately $100,000. It is anticipated that property
taxes will be 10% greater than in Fiscal Year 1998/99 which is representative of
the continued growth in the eastern section of the City.
Sales Taxes - Projected revenue $15,960,000, variance $300,000, 1.9%
Sales tax revenues are exceeding budget projections due to an overall
improvement in the economy and an expanding retail base. Sales taxes are
projected at 8% greater than in the previous fiscal year.
Franchise Taxes. Transient Occupancy Tax. Utility Users Taxes, Business
License Tax and Real Property Transfer Tax - Projected revenue $11,638,009,
variance $2,118,000, 22.2%.
The increase in this category is due to unanticipated revenues for Franchise
Fee's from the SDG&E and Pacific Waste Franchises.
Licenses & Permits - Projected revenue $3,332,900, variance 0, 0%.
Licenses & Permits revenue is projected to be equal to budget. Further analysis
in this category, which includes building permits, will be provided in the third
quarter report.
Fines. Forfeitures & Penalties - Projected revenue $735,472, variance $0, 0%.
Revenues in this category are projected to be equal to budget. Further review
will be done for the third quarter status report.
Attachment D (Cont.)
Revenue from Use of Money & Property- Projected revenue $1,408,805,
variance $0, 0%.
There is no anticipated variance in this category as of the end of the second
quarter. Further analysis will be provided in the third quarter status report.
Revenue From OtherAgencies- Projected revenue $13,218,906, variance
$400,000, 3.1%
The majority of the revenues in this category are projected to be close to budget
with the exception of Motor Vehicle License Fees which are reflective of the
population growth the City is experiencing.
Charges for Current Services - Projected revenue $9,370,225, variance $0, 0%.
This category includes several accounts including development generated
revenues. Further analysis will be provided in the third quarter status report.
Other Revenues- Projected revenue $6,688,031, variance $552,686, 9.1%.
This category includes several revenue accounts with the largest variance
occurring in the miscellaneous revenues which includes Community
Facility/Assessment District origination charges as well as Bond Origination
Fees.
Attachment E
General Fund Budget Transfers
Approved by Administration
October 1, 1999 through December 31, 2000
Department
Library & Recreation
From: Personnel Services
To: Services &Supplies $9,985
Houdy wages needed for Otay Recreation Center
COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 2/15/00
ITEM TITLE: Resolution Maintaining the Existing City Investment
Policy and Guidelines
SUBMITTED BY: Deputy City Manager Pow ell y
REVIEWED BY: City Manager (4/5ths Vote: Yes __No X ~)
The City has an existing Investment Policy and Guidelines to insure the prudent
management of idle cash. State law requires that the Investment Policy and
Guidelines be adopted by resolution of the City Council on an annual basis after being
reviewed to ensure consistency with the overall objectives of preservation of
principal, liquidity, and yield, and its relevance to current law and financial and
economic trends.
It is recommended that the Council adopt the resolution maintaining the existing
Investment Policy and Guidelines. In addition, the Quarterly Report of Cash and
Investments for the quarter ended December 31, 1999 is submitted for your
information.
RECOMMENDATION: That Council adopt Resolution maintaining the
existing Investment Policy and Guidelines.
BOARDS & COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION: The City's Investment Policy and Guidelines (City Council Policy
220-01, copy attached) adopted on February 16, 1999 by Resolution 19375 is
intended to provide direction for the prudent investment of temporarily idle cash, and
for maximizing the efficiency of the cash management process. The stated goal is to
enhance the economic condition of the City while insuring the safety of funds
invested. The policy includes a list of specific investment instruments available under
the relevant California Government Code provisions, 53600 et. seq. and 53635 et.
seq. In addition to specific instruments, investment in the Local Agency Investment
Fund (LAIF), an investment pool administered by the State Treasurer and the County
Treasurer's Investment Pool are also included. Each investment transaction is made
in the context of first insuring the "safety" of principal, second, investing only for
that timeframe that the cash is not needed for operational purposes ("liquidity"), and
last seeking the highest return possible ("yield") provided that the first two factors
are met.
Page 2, Item /~
Meeting Date 2/15/00
It is recommended that the existing Policy be re-adopted as is. The Policy was
thoroughly updated in accordance with current law when it was amended in
February, 1997, and no further amendments are recommended at this time.
Attached for your information is the quarterly report of investments as of December
31, 1999. The Pooled Investment Portfolio ( $135,454, 140) and the
Cash/Investments with Fiscal Agents (972,721,351) continue to be invested in
accordance with the Government Code and the Council Investment Policy.
During the quarter, no investments were sold and no investments matured or were
called prior to their maturity date. Other than routine investment in money market
funds by fiscal agents, two federal government securities were purchased during
the quarter totaling ~3,000,000 and carrying interest rates of 6.45 and 6.93
percent. The difference in interest rates is the result of day-to-day price fluctuations
in the market, maturity differences, and callable v. non-callable securities.
Market interest rates continued their gradual climb, reportedly due to the
- surprisingly strong economy and the Federal Reserve Board's monetary policies
aimed at using borrowing interest rates to attempt to control inflation. As of
December 31, the weighted average yield (average interest rate) on the Pooled
Investment Portfolio was 5.892 percent, a slight increase over the level of the
previous quarter (5.886%).
The weighted average maturity decreased to 2.87 years from 2.93 years as of the
end of the quarter. In other words, with some investments maturing in less than
2.87 years and some maturing somewhere between 2.87 years and 5 years, the
overall average maturity for the entire portfolio was 2.87 years. This remains
within the Council Policy of less than 3.0 years, but is felt to be on the high side
and efforts will be continued to gradually decrease this indicator during the next
quarter.
Considering the projected timing of cash receipts and disbursements, including the
proceeds from the Tax and Revenue Anticipation Note borrowing, and the structure
of the Pooled Investment Portfolio, the City should be able to comfortably meet
overall cash flow needs over the next six months. Any temporary shortfalls at the
individual Fund level will be addressed by recommendations to Council for interfund
borrowing.
FISCAL IMPACT:
- There is no direct fiscal impact by this action, but for informational purposes, the par
value of the total investment portfolio totaled 9208,175,491 as of December 31,
Page 3, Item ~7
Meeting Date 2/15/00
1999, an increase of $40,481,352 over the previous quarter. Investment interest
revenue for only the Pooled Investment Portfolio (excluding the cash and investments
with fiscal agents) is budgeted at $5.7 million for fiscal year 1999-00.
COUNCIL POLICY
CITY OF CHULA VISTA
' SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY EFFECTIVE
NUMBER DATE PAGE
220-01 02/04/97 I OF 4
ADOPTED BY: Resolution 18571* ~ DATED: 02/04/97
PURPOSE
Effective cash flow management and cash investment practices are recognized as essential to good fiscal
management. This Statement is intended to provide guidelines for the prudent investment of the City's
temporarily idle cash in all Funds, and outline the policies for maximizing the efficiency of the City's cash
management system.
OBJECTIVE
The objective of the investment policy is to provide guidelines for insuring the safety of funds invested while
maximizkng investment interest income to the City.
INVESTMENT POLICY
A. The Finance Director is responsible for investing the cash balances in all City Funds in accordance
with the California Government Code, Sections 53600 et seq. lind 53635 et seq. This policy does not
' include Long Term Debt Reserve Funds and Deferred Compensation Funds. which arc cxccp6ons
covered by other more specific Government Code sections and the legal documents unique Io each
debt transaction. Investment practices shall conform to the prudent man rule (('ivil Code Section
2261, et seq.) which states, in essence, that "i~n im,esting... proper~, for the benefit of :mother. a trustee
shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence.
discretion and intelligence exercise in the management of their own affairs..."
The Finance Director and other individuals assigned to manage the investmeal portfolio, acting within
the intent and scope of the investment policy and other written procedures, and exercising due
diligence, shall be relieved of personal responsibility and liability for an individual im'cstmcnl's credit
risk or market price changes, provided malerial deviations from expectalkms are reported in a timely
manner ahd appropriate action is taken Io control any adverse developments.
B. It is the City's full intent, al Ihe time of purchase, to hold all investments until maturity in t,rdcr
ensure the return of all invested principal. However. it is realistically :mlicipatcd Ihal market prices
securities purchased as investments will vary depending on ecomlmic ctmditions. interest rate
fluctuations, or individual security credit factors. In a well diversified investment portfolks, such
temporary variations in market value will inevitably result in measurable losses at any specific poim in
time. From time to time, changes in economic or market conditions may dictate that it is in the ('ily's
best interest to sell a security prior to maturity.
C. The three principle hctors of Safety, Liquidtry and Yield :Ire to be taken into consideration. in
specific order listed, when making investment deciskms.
1. Safety of principal is the foremost factor to bc considered during each investment transaction.
· - Safety in investing refers to minimizing the potcnlial for kiss {~1 principal, interest or a
combination of the two due to the two types of risk, Crcdit Risk and M:lrkcl P, isk.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY EFFECTIVE
NUMBER DATE PAGE
220-01 02/04/97 2 OF 4
ADOPTED BY: Resolution 18571' I DATED: 02/04/97
a) Credit Risk, defined as the risk of loss due to faiIure of the issuer of a security. shall
be mitigated by only investing in very safe, or "investment grade" securities und
diversifying where feasible.
b) Market Risk, defined as market value fluctuations due to overall changes in interest
rates shall be mitigated by limiting the average maturity of the investmenl portfolio to
less than 3 years, with a maximum maturity of any one security of 5 years without
prior Council approval. Also, the portfolio wiI1 be structured based on liquidtry needs
so as to avoid the need to sell securities prior to maturity.
2. Liquidtry refers to the ability to convert an investment to cash promptly with minimum risk of
losing some portion of principal or interest. The investment portfolio will be structured based
on historic cash flow analysis in order to provide the necessary Iiquidity as investments
routinely mature. A portion of the portfolio will be maintained in liquid shorl-tcrm scourlilts
which can be converted to cash if necessary to meet unforeseen disbursement requirements.
3. Yield is the average annual return on an investment based on the interest rate, price, and
length of time to maturity. The City attempts Io obtain the highest y/old possible, prtlvidcd
that the basic criteria of safely and llquidily have been met.
AUTHORIZED INVESTMENT INSTRUMENTS
The City may invest in the following instruments under the guidelines as provided herein:
A. Certificates of Deposit. Time Certificates of Deposit will be made only in FDIC or FSLIC insured
accounts. For deposits in excess of the insured maximum of $100,000, upprovcd collateral shall be
required in accordance with California Governmen~ Code section 53652 andA~r 53651 (m) (l).
more than 25% of the investment portfolio may be invested in this investment type.
B. Securities of the U.S. Government or its AIzencies. Includes obligalions issued by Federal Home 1.finn
Banks, Government National Mortgage Association, the Farm Credil System, the Federal liproe
Bank, the Federal Home Loan Mortgage Association, the Federal National Morlgage Association, the
Student Loan Marketing Association, or obligations or other instruments of or issued by a federal
agency or a United States Government sponsored enterprise.
C. Treasury Bills and Notes. U.S. Treasury Bills, Notes, Bonds or Certificates of Indebtedness, or those
for which the full faith and credit of the United States are pledged for Ihe paVmcnl of principal and
interest. '
D. Local A~encv Investment Fund (LAIF). Investment of funds in the California LAIF which allows the
State Treasurer to invest through the Pooled Money Inveslmenl Account. Muximum invesm~cnt is
subject to state regulation.
.~-, E. County of San Dielzo l'reasurv Pool. Investment of funds in the County of San l)icgo Treasury which
allows the County Treasurer-Tax Collector to invest local funds through a pooled ctmccpt.
F. Bankers Acceptance. Bills of Exchange or Time Drafts drawn on and accepted by a commercial bank,
otherwise known as Bankers Acceptances, both domestic and foreign, which arc eligible for purchase
by the Federal Reserve System. Purchases of Bankers Acceptances may not exceed 270 days maturity
or total more than 40% of the cost value of the City's investment portfolio.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY EFFECTIVE
NUMBER DATE PAGE
220-01 02/04/97 3 OF 4
ADOPTED BY: Resolution 18571'* DATED: 02/04/97
G. Commercial Paper. Paper of the highest rating as provided by Moody's Investors Service, Inc. (PI),
or Standard and Poor's Corporation (AI+). Eligible paper is further limited to issuing corporatkms
that are organized and operating within the United States and having total assets in excess of five
hundred million dollars ($500,000,000). Purchases of eligible commercial paper may not exceed 180
days maturity, represent more than 10% of the outstanding paper of the issuer, or total more than
15% of the cost value of the City's investment portfolio.
H. Net:pliable Certificates of Deposit. Issued by a nationally or state-chartered bank or a state or federal
savings and loan association or by a state-licensed branch of a foreign bank. Purchases of Negotinble
Certificates of Deposit may not total more than 30% of the cost value of the City's investment
portfolio.
I. Repurchase A~reements. A purchase of securities by the City pursuant Io a Master P, epurchasc
Agreement agreement by which the seller will repurchase such securities on or before a specified
date, or on demand of either party, and for a specified amount. Investments in repurchase
agreements will be used solely as shorl term im'estments not tt~ exceed 90 days and be ctfllatcralized
by securities having a market value of at least 102% of the value of the repurchase :tgrecmcnt at all
times during the term of the investment.
J. Medium Term Corporate Notes. Corporalc obligations shall bc ralcd A or bcltcr by Mi}t,dy's and
Standard and Poor's rating agencies. Purchases of corptlrate medium term holes shall roll loin[ m~lrc
than 30% of the cost value of the City's investment portfolitl, ntlr h}r any tmc cl~rporalitln, when
combined with any Commercial Paper issued by the same corpt3ratitm, It~tal m,rc than 1591 ill Ihc
cost value of the City's investment portfolio.
K. Various daily cash funds administered for or by Trustees, Paying Agents, or Custt~dilm Banks
contracted by the City may be purchased as allowed under California Government Code. Only theist
funds holding U.S. Treasury or Government Agency obligations shall be purchased.
DIVERSIFICATION
Investments shall be diversified among institutions, types of securities and maturities Io m~tximizc safety and
yield with changing market conditions. Local financial institulkms will bc given prcfcrenti:d considcratkm h~r
investment of City funds~consistent with Ihe City's objective of attaining market rates ,,ff return, and consislcnt
with constraints imposed by its safel)' objectives, cash fl0w considerations and St:tic hlws.
SAFEKEEPING
All investments of the City shall have the City of Chuln Vista as registered owner and shall be held in
safekeeping by a third party bank trust department, acting as agent for the City under the terms of a cuslody
agreement.
- INVESTMENT REPORTS
A. The Director of Finance shall submit a quarterly invcslmcnt report ttl Ihc ('ily Manager and ('ilv
Council in accordance with Government Code Sccli,,in 16481.2 toni;fining Ihc lidlowing inftlrn~ati~m
for each individual im'estment:
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY EFFECTIVE
NUMBER DATE PAGE
220-01 02/04/97 4 OF 4
ADOPTED BY: Resolution 18571* I DATED: 02/04/97
Financial institution
Type of investment
Purchase Price of investment
Rate of interest
Purchase date
Maturity date
Current market value for securities
Other data as required by the City
In addition, the report shall include a statement of compliance of the portfolkl with the Council
approved Investment Policy and a statement indicating the ability of the City to meet its expenditure
requirements for the next six months.
POLICY REVIEW
This investment policy and guidelines shall be adopted by resolution of the City Council t,n an annuu] basis
after being reviewed to ensure its consistency with the overall objectives of prescr,'ulion oI principal, liquidily,
and yield, and its relevance to current law and financial and economic trends.
COUNCIL INFORMATION
DATE: January 31, 2000
TO: Honorable Mayor an~ity Council
VIA: David D. Rowlands Jr., City Manager
FROM: Robert W. Powell, Deputy City Manager Powell~
SUBJECT: INVESTMENT REPORT FOR THE QUARTER
ENDED December 31, 1999
Attached for your information is the quarterly report of
investments as of December 31, 1999. The Pooled Investment
Portfolio ($135,454,140) and the Cash/Investments with
Fiscal Agents ($72,721,351) continue to be invested in
accordance with the Government Code and the Council
Investment Policy as adopted on February 16, 1999.
During the quarter, no investments were sold and no
investments matured or were called prior to their maturity
date. Other than routine investment in money market funds
by fiscal agents, two federal government securities were
purchased during the quarter totaling $3,000,000 and
carrying interest rates of 6.45 and 6.93 percent. The
difference in interest rates is the result of day-to-day
price fluctuations in the market, maturity differences, and
callable v. non-callable instruments.
Market interest rates continued their gradual climb,
reportedly due to the surprisingly strong economy and the
Federal Reserve Board's monetary policies aimed at using
borrowing interest rates to attempt to control inflation.
As of December 31, the weighted average yield (average
interest rate) on the Pooled Investment Portfolio was 5.892
percent, a slight increase over the level of the previous
quarter (5.886%).
The weighted average maturity decreased to 2.87 years from
2.93 years as of the end of the quarter. In other words,
with some investments maturing in less than 2.87 years and
some maturing somewhere between 2.87 years and 5 years, the
overall average maturity for the entire portfolio was 2.87
Quarterly Investment Report
January 31, 2000
Page 2 of 2
years. This remains within the Council Policy of less than
3.0 years, but is felt to be on the high side and efforts
will be continued to gradually decrease this indicator
during the next quarter.
Considering the projected timing of cash receipts and
disbursements, including the proceeds from the Tax and
Revenue Anticipation Note borrowing, and the structure of
the Pooled Investment Portfolio, the City should be able to
comfortably meet overall cash flow needs over the next six
months. Any temporary shortfalls at the individual Fund
level will be addressed by recommendations to Council for
interfund borrowing.
Should you have any questions regarding this information,
please feel free to contact me.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAINTAINING THE EXISTING CITY
INVESTMENT POLICY AND GUIDELINES
WHEREAS, the City has an existing Investment Policy and
Guidelines to insure the prudent management of idle cash; and
WHEREAS, state law (Government Code Section 53646)
requires that the Investment Policy and Guidelines be adopted by
resolution of the City Council on an annual basis after being
reviewed to ensure consistency with the overall objectives of
preservation of principal, liquidity, and yield, and its relevance
to current law and financial and economic trends; and
WHEREAS, staffs recommends maintaining the existing
Investment Policy and Guidelines.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby maintain the existing City
Investment Policy and Guidelines.
Presented by Approved as to form by
Robert Powell, Director of ~ Kahen~, C~torney
Finance
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 2/15/00
ITEM TITLE: Resolution amending the Fiscal Year 1999-00 Budget by
appropriating $276,200 from the available fund balances in the
General Fund ($159,450), Public Facilities DIF Fund ($98,750),
and Sewer Service Fund ($18,000) to a new Capital Improvement
Project titled Computer Network Upgrade (GG172) for necessary
network software and hardware upgrades and replacement of the
uninterruptable power supply.
SUBMITTED BY: Director of Management and Information Services 9dr-~ ~1/
REVIEWED BY: City Manager ~d i~ (4/5ths Vote: YesX_X__NoD
The City of Chula Vista operates a mainframe, minicomputer, wide area network, local area network
and several different types of network operating systems. The need for computerization continues
to grow, as does the diversity of computer products, hardware, software and technology in general.
With the continued growth of computer among City staff, network response time has been
increasing. The proposed changes are needed in order to address the response time issues,
standardize on one network platform and provide network management tools to quickly pinpoint
problem areas in the future.
RECOMMENDATION: That Council adopt the resolution mending the Fiscal Year 1999-00
Budget by appropriating $276,200 to a new Capital Improvement
Project titled Computer Network Upgrade (GG172) for necessary
network software and hardware upgrades and replacement of the
uninterruptable power supply.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The City of Chula Vista began to use computers over 25 years ago when it purchased its first
mainframe and began processing financial applications such as accounting and payroll. For a long
time this type of processing was the mainstay of the computing world and the City expanded its use
to include man~, different applications including land use inventory, police and fire computer aided
dispatch and many others.
About fifteen years ago, the City began to make use of personal computers to supplement the
processing of data and about nine years ago implemented a local area network to connect most of
the departments in the City. The Citywide server, a powerful personal computer that manages
communication, etc. between all other personal computers on a given network, operated under the
Novell Netware operating system, which was the state-of-the-art system at that time. This network
Item ~
Meeting Date 2/15/00
Page 2 of 2
has served the city well and has been expanded several times to keep up with the ever-increasing
demand for processing capabilities. The City's personal computer inventory currently includes 650
individual workstations operating under 8 different networks.
About two years ago the City installed its first server nmning trader MicromR NT when it purchased
the Lifeline Computer Aided Dispatch system from Unisys Corporation. Since that time the City
has installed several additional NT servers to handle various functions including electronic mail,
firewall capabilities to support intemet activities, remote building pennit processing at Eastlake, and
fleet management and work management activities at the Public Works yard. The industry trend of
having mission critical applications written for the NT operating system seems to be continuing.
Even more recently, the City completed the installation of a complete new financial system, which
runs under the UNIX operating system on a minicomputer. In addition, the Sierra Pennits Plus
system was converted to also operate under this operating system and other applications will be
converted shortly.
Although the MIS department has been able to interconnect all of these systems, having various
operating systems operating under different network protocols has begun to cause network response
time to slow down considerably. During the past year staff has replaced the slower 10BASE-T
network hubs with the faster 100-BASE-t hubs and this has helped considerably, however the
network still need to be made more efficient to handle the workload. This request will standardize
all network servers to operate under the Microsoft Windows NT operating system, thereby
eliminating the need to run the IPX protocol needed by the Netware operating system. We will
standardize on the TCP/IP protocol, which will support Windows NT as well as the If NIX operating
system which is used for the financial applications and the Sierra Pennits Plus system.
Specifically, this upgrade includes funds to
1. Purchase a new file server and network operating system software which will provide for
faster and more efficient access to information needed by City Departments
2. Software which will allow MIS staff to install and administer software from one central point
thus making software installations and upgrades faster and more efficient
3. Software to ensure that City computers are protected from computer viruses
4. Network management software to allow MIS to more efficiently manage network resources
5. Replace a ten-year old Uninterruptable Power Supply UPS) which allows the City's main
computers and servers to remain operational in the event of a power failure.
Fiscal Impact:
It is recommended that the funding for this project be appropriated from three sources, the Public
Facilities DIF Fund-Computer Component ($98,750) for all or a portion of those items required as
a direct result of growth, the Sewer Services Fund ($18,000) for that fund's allocation of costs based
on computer resource utilization, and the General Fund for the remainder ($159,450). The
successful completion of this project will undoubtedly avoid staffdowntime due to network response
issues valued at many times the cost of the project.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 1999-00
BUDGET BY APPROPRIATING $276,200 FROM THE
AVAILABLE FUND BALANCES IN THE GENERAL FUND
($159,450), PUBLIC FACILITIES DIF FUND
($98,750), AND SEWER SERVICE FUND ($18,000) TO
A NEW CAPITAL IMPROVEMENT PROJECT TITLED
COMPUTER NETWORK UPGRADE (GG172) FOR NECESSARY
NETWORK, SOFTWARE AiqD HARDWARE UPGRADES AND
REPLACEMENT OF THE UNINTERRUPTABLE POWER
SUPPLY
WHEREAS, the City of Chula Vista operates a mainframe,
minicomputer, wide area network, local area network and several
different types of network operating systems; and
WHEREAS, the need for computerization continues to row,
as does the diversity of computer products, hardware, software and
technology in general; and
WHEREAS, with the continued growth of computers among
City staff, network response time has been increasing; and
WHEREAS, the proposed changes are needed in order to
address the response time issues, standardize on one network
platform and provide network management tools to quickly pinpoint
problem areas n the future; and
WHEREAS, this upgrade includes fund to:
1. Purchase a new file service and network operating
system software which will provide for faster and
more efficient access to information needed by City
department s.
2. Software which will allow MIS staff to install and
administer software from one central point thus
making software installations and upgrades faster
and more efficient.
3. Software to ensure that City computers are
protected from computer viruses.
4. Network management software to allow MIS to more
efficiently manage network resources.
5. Replace a ten-year old Uninterruptable Power
Supply which allows the City's main computers and
1
servers to remain operational in the event of a
power failure.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the Fiscal Year 1999-00
Budget by appropriating $276,200 from the available fund balance in
the General Fund ($159,450), Public Facilities DIF Fund ($98,750),
and Sewer Service Fund ($18,000) to a new Capital Improvement
Project titled Computer Network Upgrade (GG172) for necessary
network software and hardware upgrades and replacement of the
uninterruptable power supply.
Presented by Approved as to form by
Louie Vignapiano, Director of aheny, Ci torney
Management and Information
Services ~/
h: \ HOME\ATTORNEY\ RESO\ upgrade, mis
2
Page 1, Item
Meeting Date 2/GI/2000
COUNCIL AGENDA STATEMENT
ITEM TITLE: Report Regarding the Development Impact Fee (DIF), Park Acquisition
and Development (PAD) Fee, and Trunk Sewer Capital Reserve Funds
for the Fiscal Year Ended June 30, 1999
Resolution No. Making Findings that the Unexpended Funds in the
Various DIF Funds are still needed to provide construction of facilities
for which the fees were collected
SUBMITTED BY: Deputy City Manager-Administrative Services 1/60/~ Director of Public Works
REVIEWED BY: City Manager~
(4/5THS Vote: Yes No X )
SUMMARY:
State law requires local agencies assessing Development Impact Fees CDIF") fees and capacity
charges to make available specified financial data to the public each fiscal year. This report
satisfies that requirement and also includes for ease of reference and for the convenience of
members of the public information on Parkland Acquisition and Development (PAD) fees.
RECOMMENDATION:
That Council accept the report and approve the Resolution making findings that the
unexpended PAD funds are still needed to provide construction of facilities for which the fees
were collected.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
State law requires local agencies assessing Development Impact Fees CDIF") fees and capacity
charges to make available specified financial data to the public each fiscal year. This report
satisfies that requirement and also include for ease of reference and for the convenience of
members of the public information on Parkland Acquisition and Development (PAD) fees. It
Page 2, Item ~
Meeting Date 2/01/2000
also requires that the local agency provide this information to the public for a minimum of
fifteen days prior to reviewing this information at a public meeting. SB 1760 likewise requires
local agencies to make available to the public, within 180 days after the last day of each fiscal
year, information about capacity charges. These reports have been available in the City Clerk's
office for public review since December 27, 1999.
The City of Chula Vista has several types of Development Impact Fees CDIF"), Parkland
Acquisition and Development fees ("PAD"), and Trunk Sewer Capital Reserve fees, which
were assessed during the fiscal year, ended June 30, 1999. The major categories of DIFs are
for transportation, traffic signal, park, drainage, sewer and public facilities. During FY99, the
Otay Ranch Village 1 & 5 Pedestrian Bridge DIF was adopted. The Telegraph Canyon
Gravity Sewer DIF fee was increased in September 1998 from $184 per EDU to $216.50 per
EDU. The Transportation DIF was increased in November 1999 from $3,998 to $5,920 per
EDU. The Public Facilities D1F update was completed in October 1999, resulting in an
increase from $2,150 per EDU ($10,750 per commercial/industrial acreage) to $2,618 per
EDU ($13,090 per commercial/industrial acre). The updated PFDIF is expected to go to the
City Council in February 2000. Other existing DIFs remained at the same rate as the previous
year.
DEVELOPMENT IMPACT FEES (DIF)
TRANSPORTATION DEVELOPMENT IMPACT FEE - This fee was adopted by the City
to finance and coordinate the construction of new transportation facilities so that streets are
built when needed. This fee is applicable to all new development east of 1-805. Prior to the
program, streets were built by developers in a fragmented fashion with 6-lane facilities,
necking down to 24anes and expanding back to 6 lanes again. In addition, there was a fairness
issue since some developers fronted on large streets and others did not. Now all developers in
the Eastern portion of Chula Vista pay the same fee per dwelling unit and either the City
constructs the street or a developer does, using the cost to offset the TransDIF fee at the
building permit stage. The fee for FY99 was $3,998 per equivalent dwelling unit (EDU).
Detailed FY99 financial information is presented on Attachment A - Schedule 1.
EASTLAKE PARK DEVELOPMENT IMPACT FEE - This fee was adopted by the City to
finance and coordinate the construction of park facilities in the EastLake area. During FY96,
the City and EastLake revised the original agreement. Under the revised agreement, the City
has loaned the principal and interest from this fund to EastLake at 3 % due on demand. When
the funds are repaid, they will be used to build a community center. Detailed FY99 financial
information is presented on Attachment A - Schedule 2.
TRAFFIC SIGNAL FEE - This fee was adopted to provide for the projected traffic signal
needs for the City that result from increases in traffic volume caused by development. As
funds are accumulated they are expended on traffic signal projects that meet the warrants at the
time the funds are available. This is a citywide fee with a FY99 rate of $13 per trip generated.
Detailed FY99 financial information is presented on Attachment A - Schedule 3.
Page 3, Item q
Meeting Date 2/01/2000
TELEGRAPH CANYON DRAINAGE DIF - This fee is applicable to all new development
within the Telegraph Canyon Drainage Basin. Detailed FY99 financial information is
presented on Attachment A - Schedule 4.
INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE - This fee was adopted by the City
to finance transportation facilities in the Eastern Territories that would be needed to provide
adequate and safe transportation facilities if there are delays in the construction of State Route
(SR) 125 by CALTRANS or others. The fee in FY99 was $820 per EDU. Detailed FY99
financial information is presented on Attachment A - Schedule 5.
TELEGRAPH CANYON GRAVITY SEWER DIF - This is a fee for the expansion of the
trunk sewer within the basin for tributary properties. During FY99 the fee was increased from
$184 per EDU to $216.50 per EDU. Detailed FY99 financial information is presented on
Attachment A - Schedule 6.
TELEGRAPH CANYON PUMPED SEWER DIF - This fee is collected for the expansion
of the Telegraph Canyon trunk sewer to serve those properties outside of the basin. These
flows are pumped into the trunk line temporarily and it is anticipated they will ultimately drain
to another basin, either Poggi or Salt Creek, by gravity. If Telegraph Canyon basin becomes
built out, there may be no reserve capacity for the temporary pumped flows and a parallel
system must be built. At the time that the Poggi Canyon and/or Salt Creek Basin sewer
facilities are completed, the unused funds paid by developments in the basin will be returned to
the current property owners. The FY99 fee was $560 per EDU. Detailed FY99 financial
information is presented on Attachment A - Schedule 6.
SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE - This fee Was adopted to
provide the necessary financing to construct the Salt Creek Interceptor. This fee is applicable
to the Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of the Salt
Creek Sewer Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek
Sewer Basin. The fee in FY99 was $284 per EDU. Detailed FY99 financial information is
presented on Attachment A - Schedule 6.
POGGI CANYON SEWER BASIN DEVELOPMENT IMPACT FEE - This fee was
adopted to provide the necessary financing to construct a trunk sewer in the Poggi Canyon
Sewer Basin from a proposed regional trunk sewer west of 1-805 along Olympic Parkway to
the boundary of Eastlake. The fee was established at $400 per single family dwelling.
Detailed FY 99 financial information is presented on Attachment A- Schedule 6.
OTAY RANCH VILLAGE 1 & 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT
FEE - This fee was adopted during FY99 to provide the necessary financing to construct the
facilities. The fee was established at $545 per EDU. Detailed FY99 financial information is
presented on Attachment A - Schedule 7.
Page 4, Item ~7
Meeting Date 2/01/2000
PUBLIC FACILITIES DIF - The Public Facilities DIF is a citywide fee with several
components levied to fund that portion of public facilities projects attributable to new
development. Currently, the total fee for all components is $2,150 per EDU. The 1999
PFDIF update proposes that the total fee be increased to $2,618 per EDU. Detailed FY99
financial information is presented on Attachment B - Schedules 1 and 2. The components of
the Public Facilities DIF with the current fees are as follows:
ADMINISTRATION ($79) - Administration of the Public Facilities DIF program,
overseeing of expenditures and revenues collected, preparation of updates, calculation
of costs, etc. This fee had been set at 2% of the other Public Facilities DIFs charged.
In the 1999 update, it's proposed that this fee component be calculated on projected
costs, rather than as a fixed percentage. It's proposed that this fee be increased to $134
per EDU.
CIVIC CENTER EXPANSION ($527) - Expansion of the Civic Center per the Civic
Center Master Plan prepared in 1989, to provide sufficient building space and parking
for the existing and anticipated staff and the public. In the 1999 update, it's proposed
to reduce this fee component to $480 per EDU. This reduction is primarily based on
lower cost alternative:
· remodeling of the current police building for civic center department's use, after
a new police facility is built, rather than requiring all new construction and
· development of less expensive parking options.
The 1989 civic center master plan has also been updated to include the Otay Ranch
impacts.
POLICE FACILITY ($235) - Accommodation of the building space needs per the
Civic Center Master Plan, which included upgrading of the communications center,
construction of a new crime lab, office improvements and installation of new
communication consoles. Also included is the purchase and installation of a new
computer aided dispatch system (CAD), a new Records Management System, and new
Mobile Digital Terminals. In the 1999 update, it's proposed to increase this fee
component to $735 per EDU. This increase primarily reflects 3 factors:
· inclusion of needs associated with the Otay Ranch;
· development of a preliminary staffing and space needs assessment;
· inclusion of a project to build a new police facility. The original 1989 master
plan did not include long-term space needs for the department. The department
has already outgrown the interim remodeling and space expansions completed in
!
Page 5, Item q
Meeting Date 2/01/2000
CORPORATION YARD lIELOCATION ($515) - Relocation of the City's existing
corporation yard from the bayfront area to a site more centrally located and of a larger
size. The existing site is near capacity. In the 1999 update, it's proposed to decrease
this fee component to $386 per EDU. This reduction principally reflects the lower cost
option of purchasing and remodeling the former SDG&E site rather than building from
scratch.
LIBRARIES ($544) - Improvements include construction of the South Chula Vista
library and Eastern Territories library(ies), and installation of a new automated library
system. In the 1999 update, it's proposed to increase this fee component to $735 per
EDU. This component is based on the updated Library Master Plan.
FIRE SUPPRESSION SYSTEM ($141) - Projects include the relocation of Fire
Station #4 &//3, construction of a fire training tower and classroom, purchase of a
brush rig, expansion of Fire Station #1, installation of a radio communications tower
and construction of an interim and permanent Station #6. In the 1999 update, it's
proposed to increase this fee component to $203 per EDU. This new fee reflects the
updated Fire Station Master Plan, which includes needs associated with the Otay
Ranch.
GEOGRAPHIC INFORMATION SYSTEM ($49) - Purchase and installation of a
GIS system for mapping of various base maps and creation of geo-data files to aid in
planning and processing of land developments. This is a joint impetus project, with
both a City and new development share. In the 1999 update, it's proposed to decrease
this fee component to $16 per EDU. In this instance, inclusion of the Otay Ranch did
not significantly change the overall project cost, as such, inclusion of the Otay Ranch
enabled the project cost to be spread over a larger base, thereby reducing the fee per
EDU.
MAINFRAME COMPUTER ($23) - Purchase and installation of a new mainframe
computer and various enhancements to meet existing and future needs for additional
memory and storage space and enhanced processing speed. For reason similar to those
discussed under the GIS component, this fee is also proposed to decrease by $7 in the
1999 update.
TELEPHONE SYSTEM lIPGRADE ($32) - Upgrading and expansion of the City's
existing telephone system to accommodate growth, including installation of new
conduit, wiring additional telephone lines, and a voice processing system. For reasons
similar to those discussed under the GIS component, this fee is also proposed to
decrease to $13 in the 1999 update.
RECORDS MANAGEMENT SYSTEM ($5) - Updating and modernization of the
Page 6, Item q
Meeting Date 2/01/2000
existing records system to prepare the City for anticipated increases in transactions and
volumes of records. In the 1999 update, a minor increase, from $5 to $6 per EDU is
proposed for this component.
Although the majority of project costs are to be borne by new developmere, it's important to
note that various components or specific projects within a component contain both a City and
new development cost share. The City share generally reflects "joint impetus" projects, which
are necessitated by both growth and non-growth factors and/or the City's obligation to correct
pre-existing space/equipment deficiencies. The PFDIF fees only relate to new development's
cost share for each component.
PARKLAND AQUISITION AND DEVELOPMENT (PAD) FEES
This in lieu fee was adopted by the City to acquire neighborhood community parkland and
construct parks and recreational facilities. The FY99 fee was $4,375 per single family
dwelling unit. Detailed FY99 financial information is presented on Attachment C.
TRUNK SEWER CAPITAL RESERVE FEES
This fee was established to pay all or any part of the cost and expense to enlarge sewer
facilities of the City so as to enhance efficiency of utilization and/or adequacy of capacity.
Detailed FY99 financial information is presented on Attachment D.
FY99 FINANCIAL INFORMATION
Attachment A, Schedules 1 through 7 reports the required financial information for all DIFs
other than public facilities. Attachment B, Schedules 1 and 2 reports the required financial
information for the Public Facilities DIF and its components. Attachment C reports the
required financial information for the PAD fees. Attachment D reports the required
information for the Trunk Sewer Capital Reserve fees. The schedules contain the following
items:
The beginning balances as of July 1, 1998
The fees received during the fiscal year ended June 30, 1999
Other miscellaneous revenues received during the fiscal year ended June 30, 1999
The interest earned from investing the cash balances available in each fund during the
fiscal year ended June 30, 1999
The expenditures from each of the funds during the fiscal year ended June 30, 1999
Page 7, Item ~
Meeting Date 2/01/2000
A description of each capital project with expenditures funded entirely or in part by
DIF/PAD/Trunk Sewer in FY99 and the percentage of the project funded by this fee
through FY99. More detailed information on any project is available in the annual
Capital Improvement Project (CIP) Budget.
Information on any loans from DIF/PAD/Trunk Sewer Capital Reserve funds during
FY99
The ending balances as of June 30, 1999 for each of the DIF/PAD/Trunk Sewer
Capital Reserve Funds
The ending balances as of June 30, 1999 are in the process of being audited as pan of the audit
of citywide financial statements, and are therefore subject to adjustment.
FINDINGS REQUIRED FOR FUNDS IN POSSESSION OVER 5 YEARS
Government Code Section 66001(d) requires the local agency to make findings every five years
with respect to any portion of the DIF fees remaining unexpended to identify the purpose for
which it was charged. This year the City has elected to make such findings for any funds
remaining unexpended for five or more years. The following project has fees, which were
collected five or more years ago, which remain unexpended and is listed to satisfy Section
66001(d) of the Government Code.
a. EastLake Park Development Impact Fee
The fees collected prior to FY93 plus the interest earned is still needed for park facilities.
Per Council approval and a request from the Eastlake Development Co. for their cash flow
needs, the funds are on loan to Eastlake Development Company to be repaid on demand.
No other DIF or PAD funds contain monies that have been on deposit for five or more years.
Copies of this report were sent to the Ayres Land Company, the Building Industry Association
of San Diego, the Eastlake Development Company, the McMillin Companies, the Otay Ranch
Company and Pacific Bay Homes.
FISCAL IMPACT:
With findings that identify the continued need for the unexpended and/or committed or
uncommitted fees, the City retains the fees for the future projects. Without findings that the
unexpended funds are still needed for the projects, the City would be obligated to refund the
$742,959 in park funds plus interest accrued that have been held for five or more years
pursuant to State Government Code Section 66000. Since the City has loaned $800,000 of the
park funds to the developer, EastLake Development Company, money would have to come
from some other source to refund the $742,959 plus interest. The loss of the funds would
jeopardize the EastLake Park Agreement and the future EastLake community center.
Attachment A - Schedules 1 through 7:FY99 Financial Information for all DIFs except Public
Facilities DIF
Attachment B - Schedules 1 and 2:FY99 Financial Information for Public Facilities DIF
Attachment C - FY99 Financial Information for PAD fees
Attachment D - FY99 Financial Information for Trunk Sewer Capital Reserve fees
ATTACHMENT A
SCHEDULE 1
TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF)
FY 98199 REVENUES AND EXPENDITURES
Description of Fee: To finance and coordinate construction of new transportation facilities.
Amount of the fee: $ 5,920 per single family equivalent dwelling unit detached
4,736 per single family equivalent dwelling unit attached
3,552 per multi-family equivalent dwelling unit
148,000 per commercial gross acre
88,800 per industrial gross acre
FY 98/99 FUND BALANCE INFORMATION:
FUND 621
TRANSPORTATION DIF
Beginning Balance, 07/01/98 $ 6,510,953
TDIF Fees Collected 3,047,879
Reimbursement from Developers 85,099
Reimbursement-Others 29,554
Interest Earned 464,079
Expenditures (1,587,980)
Unaudited Ending Balance, 06/30/99 $ 8,549,584
FY 98/99 EXPENDITURES:
~ F'( 98/99 % Of Project Funded
PROJECT PROJECT DESCRIPTION EXPENDITURE by TDIF
GG104 Geographic Information System 21,860 2.50%
GG152 97/Mainframe/Fiscal System 564 4.23%
PS120 98 New Fire Station 17,345 20.35%
ST131 B Otay Lakes, Rutgers 22,508 35.60%
STM304 93 1-805, Tele. Cyn. Rd., Phase II 26,054 87.23%
STM305 94 H St. interchange Improv't, Phase II 77 100.00%
STM322 95 Otay Lakes Road Dual Left 99,455 100.00%
STM327 96 1-805 Interchanges 177,064 100.00%
STM328 99 Orange Ave 1-805 878 100.00%
STM331 98 E. Orange Extension 792,391 90.75%
TF253 98 Traffic Monitoring Program 13,607 100.00%
TF259 99 1999 Traffic Monitoring 3,980 100.00%
Professional Services 87,813
Interest 37,800
Administration 103,222
TOTAL EXPENDITURES $ 1,404,618
Encumbrances 183,362
GRAND TOTAL $ 1,587,980
ATTACHMENT A
SCHEDULE 2
EASTLAKE PARK DEVELOPMENT IMPACT FEES (EL PARK DIF)
FY 98199 REVENUES AND EXPENDITURES
Description of Fee: To finance and coordinate construction of park facilities in the Eastlake area.
Amount of the fee: No longer assessed.
FY 98f99 FUND BALANCE INFORMATION:
FUND 621
EASTLAKE PARK DIF
Beginning Balance, 07/01/98 18,639
El Park Fees Collected
Interest Earned 1,303
Expenditures
Unaudited Ending Balance, 06/30/99 $ 19,942
Loans:
Interest Repayment
Description of Loan Loan Amount Rate Date
Loan to Eastlake Development Corporation $ 800,000 3% Due on demand
Approved by Council Resolution #18244,
on March 26, 1996
ATTACHMENT A
· SCHEDULE 3
TRAFFIC DEVELOPMENT IMPACT FEES
FY 98199 REVENUES AND EXPENDITURES
Description of Fee: For City's traffic signal needs resulting from increased traffic volume caused by new development.
Amount of the fee: $ 13 per trip
FY 98/99 FUND BALANCE INFORMATION:
FUND 211 FUND 600-6005
TRAFFIC SIGNAL TRAFFIC SIGNAL
FUND CIP FUND TOTAL
Beginning Balance, 07/01/98 $ (78,936) $ 1,177,460 $ 1,098,524
Traffic Signal Fees Collected 372,720 372,720
State Grant 45,784 45,784
Interest Earned 90,901 90,901
Transfers In 108,265 417.000 525,265
Transfers Out (417,000) (72,265) (489,265)
Expenditures (5,937) (290,056) (295,993)
Unaudited Ending Balance, 06/30/99 $ 115,797 $ 1,232,139 $ 1,347,936
FY 98/99 EXPENDITURES:
, FY 98/99 % Of Project Funded
PROJECT PROJECT DESCRIPTION EXPENDITURE by Traffic Signal DIF
OP113 93 Engineering Dept. Automation $ 11,774 9.60%
TF232 96 Main &Date Signal 555 100.00%
TF234 97 Protet/Permisve Sig @3/J, 5/H, Hiltp/J 65 42.65%
TF237 96 Traffic Signal Upgrede 14,270 100.00%
TF240 97 Traffic Signal System Upgrade Phase II 25,390 100.00%
TF241 97 Traffic Signal Buena Vista &Tel. Cyn. 43 100.00%
TF244 97 Traffic Improvements Pepper Tree Rd 4,635 160.00%
TF250 98 Traffic Signal Upgrade Phase I 13,306 100.00%
TF251 98 Emergency Veh Preemption (EVPE) Sys 24,646 100.00%
TF254 98 Enhancements JHK 2000 Computers 529 100.00%
TF255 97 Traffic Signal Relocation 4th 28,868 100.00%
TF257 98 Traffic Signal Broadway & Ftower St. 97,124 100.00%
TF258 99 Broadway & E Traffic Signal 27, 147 100.00%
TF261 99 Emergency Vehicle 41,427 100.00%
TF266 99 Traffic Signal Albany &Main 277 16.86%
GG152 Debt Service Payment-97/Mainframe/Fiscal System 561 4.23%
PSl15/146 DebtServicePayment-CADSystem/800MHZ 5,376 4.44%
TOTAL EXPENDITURES $ 295,993
A'FFACHMENT A
SCHEDULE 4
TELEGRAPH CANYON DRAINAGE DIF (TC DRAINAGE DIF)
FY 98/99 REVENUES AND EXPENDITURES
Description of Fee: For construction of Telegraph Canyon channel between Paseo Ladera and the EastlaKe
Business Center and for a portion of the channel west of 1-805.
Amount of the fee: $ 4,579 per acre
FY 98/99 FUND BALANCE INFORMATION:
FUND 628
TC DRAINAGE DIF
Beginning Balance, 07/01/98 $ 2,202,965
TC Drainage Fees Collected 2,290,489
interest Earned 197,364
Expenditures (68,341)
Unaudited Ending Balance, 06/30/99 $ 4,622,476
FY 98/99 EXPENDITURES:
FY 98/99 % Of Project Funded
PROJECT PROJECT DESCRIPTION EXPENDITURE by TC Drainage DiF
DR118 95 Telegraph Canyon Channe Desi~]n $ 66,563 100.00%
DR119 95 Rain Gauges 978 36.21%
DR125 96 Tel Canyon Channel 660 100.00%
GG152 Debt Service Payment-Fiscal System 140 0, 19%
TOTAL EXPENDITURES $ 68,341
ATTACHMENT A
SCHEDULE 5
INTERIM SR125 DEVELOPMENT IMPACT FEE
· FY 98/99 REVENUES AND EXPENDITURES
Description of Fee: For providing transportation facilities in the Eastern Territories if SR125 construction is delayed.
Amount of the fee: $ 820 per single family equivalent dwelling unit detached
656 per single family equivalent dwelling unit attached
492 per multi-family equivalent dwelling unit
20,590 per commercial gross acre
16,400 per industrial gross acre
FY 98/99 FUND BALANCE INFORMATION:
FUND 665
SR125 DIF
Beginning Balance, 07/01/98 $ 3,375,663
DIF Fees Collected 1,815,706
Interest Earned 244,692
Expenditures (41,157)
Unaudited Ending Balance, 06/30/99 $ 5,394,904
FY 98/99 EXPENDITURES:
FY 98/99 % Of Project Funded
PROJECT PROJECT DESCRIPTION EXPENDITURE by SR125 DIF
Administration $ 8,107
Refund of DIF Fees 33,050
TOTAL EXPENDITURES $ 41,157
ATTACHMENT A
SCHEDULE 6
SEWER DEVELOPMENT IMPACT FEES
FY 98199 REVENUES AND EXPENDITURES
Telegraph Canyon Gravity Sewer DIF (TC Gravity Sewer DIF) Fund 627
Telegraph Canyon Pumped Sewer DIF (TC Pumped Sewer DIF) Fund 629
Salt Creek Sewer Basin DIF (SC Sewer Basin DIF) Fund 670
Poggi Canyon Sewer Basin DIF (PC Sewer Basin DIF) Fund 667
Description of Fee:
Telegraph Canyon Gravity Sewer DIF: For the expansion of trunk sewer within the basin for tributary properties.
Telegraph Canyon Pumped Sewer DIF: For expansion of the Telegraph Canyon trunk sewer to serve properties
outside of the basin.
Salt Creek Sewer Basin DIF: For the construstion of the Salt Creek Interceptor.
Poggi Canyon Sewer Basin DIF: For the construction of a trunk sewer in the Poggi Canyon Sewer Basin
from a proposed regional trunk sewer west of 1-805 along Olympic
Parkway to the boundary of Eastlake.
Amount of the fee:
Fund 627 Fund 629 Fund 667 Fund 670
TC Gravity TC Pumped PC Sewer SC Sewer
Sewer DIF Sewer DIF Basin DIF Basin DIF
per single family equivalent dwelling unit detached $ 216.50 $ 560 $ 400 $ 284
per single family equivalent dwelling unit attached 216.50 560 400 284
per multi-family equivalent dwelling unit 162.38 420 300 213
per commersial gross acre (Fixture unit based) 216.50/edu 5,600 3,572 2,840
per industrial gross acre (Fixture unit,based) 216.50/edu 5,600 3,572 2,840
FY 98/99 FUND BALANCE INFORMATION:
Fund 627 Fund 629 Fund 667 Fund 670
TC Gravity TC Pumped PC Sewer SC Sewer
Sewer DIF Sewer DIF Basin DIF Basin DIF
Beginning Balance, 07/01/98 $ 170,231 $ 137,235 $1,759,650 $ 178,882
DIF Fees Collected 328,477 44,000 88,892
Interest Earned 16,258 8,207 84,370 13,719
Expenditures (1,271) (558,916) (661)
Unaudited Ending Balance, 06/30/99 $ 513,695 $ 145,442 $1,329,104 $ 280,832
ATTACHMENT A
SCHEDULE 7
OTAY RANCH VILLAGE 1 & 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
FY 98199 REVENUES AND EXPENDITURES
Description of Fee: For planning, design, construction and financing of pedestrian bridge improvements.
Amount of the fee: $ 545 per single family equivalent dwelling unit detached
474 per single family equivalent dwelling unit attached
374 per multi-family equivalent dwelling unit
FY 98/99 FUND BALANCE INFORMATION:
FUND 664
OTAY RANCH DIF
Beginning Balance, 07/01/98 $
DIF Fees Collected 179,408
Interest Earned 1,301
Expenditures
Unaudi~ed Ending Balance, 06/30/99 $ 180,709
ATTACHMENT B
SCHEDULE 2
PUBLIC FACILITIES DIF (PFDIF)
FY 98199 SCHEDULE OF DETAILED EXPENDITURES
FY 98~99 % of Project Funded
Project Description Expenditure by PFDIF
GENERAL ADMINISTRATION - Fund 880-8501
OP114 97 Planning DepL Automation 199 43.50%
Transfer Out-General Fund-DIF Credit 20,470
Administration 174,475
TOTAL EXPENDITURES-ADMINISTRATION $ 195,144
Reserve for Encumbrance 38,077
GRAND TOTAL $ 233,221
CIVIC CENTER EXPANSION - Fund 802, 820 & 850.8502
,S~130 91/Acquire Prop-Civic Center Expansion 35,054 100.00%
GO '; 3.%= 92 Civic Center Expansion 6,876 76.20%
G~t67 99 Civic Center Renovation 111 2.04%
Office Equipment 25,674 100.00%
Computer Equipment 17,887 100.00%
Office Supplies 99 100.00%
TOTAL EXPENDITURES-CIVIC CENTER EXPANSION $ 85,701
POLICE FACILITIES REMODELING - Fund 850-8503
PS149 99 Potice Strategic Plan 93,407 48.50%
Transfer Out-General Fund 10,792
Automotive Equipment 60,961 100.00%
TOTAL EXPENDITURES-POLICE FACILITIES $ 165,160
CORPORATION YARD RELOCATION - Fund 804 & 850-8504
GG131 99 City Corporation Yard 3,123,219 48.39%
GG158 98 Animal Shelter Expansion 125,114 54.03%
TOTAL EXPENDITURES-CORPORATION YARD $ 3,248,333
LIBRARIES - Fund 850-8505
LB125 94 New Library - South Chula Vista 316,836 31.59%
LB132 98 Library Facilities Master Plan 22,025 100.00%
LB133 99 Automated Library System 69,892 27.15%
TOTAL EXPENDITURES - LIBRARIES $ 408,753
/
ATTACHMENT B
SCHEDULE 2
PUBLIC FACILITIES DIF (PFDIF)
FY 98199 SCHEDULE OF DETAILED EXPENDITURES
FY 98/99 % of Project Funded
Project Description Expenditure by PFDIF
FIRE SUPPRESSION SYSTEM - Fund 806 & 850-8506
PS120 92 New Fire Station, East H 43,158 79.65%
PS127 98 Fire Classroom 17,146 48.50%
PS129 93 Sunbow Fire Station 20,446 100.00%
PS134 98 Brush Fire Rig 196,599 100.00%
Other Commodities 10,454
Real Estate Property Taxes 6,714
Other Contractual Services 635
TOTAL EXPENDITURES-FIRE SUPPRESSION SYSTEM $ 295,152
GEOGRAPHIC INFORMATION SYSTEM - Fund 850-8507
GG104 94 Geographic information System 127,066 3640%
GG162 99 GIS Computer Training Room 16,667 48.50%
TOTAL EXPENDITURES - GEOGRAPHIC INFO SYS $ 143,733
MAINFRAME COMPUTER EXPANSION - Fund 850-8508
GG140 92 Mainframe Enhancement 33,550 28.84%
GG152 Transfer Out-Lease/Purchase-Fiscal System 564 4.23%
TOTAL EXPENDITURES - MAINFRAME COMPUTER $ 34,114
TELEPHONE SYSTEM - Fund 850-8509
GG128 94 Phone system Upgrade $ 1,184 100.00%
RECORDS MANAGEMENT - Fund 850-8510
GG129 97 City-Wide Records Management $ 19,094 36.40%
ATTACHMENT C
PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES)
FY 98199 REVENUES AND EXPENDITURES
Description of Fee: In lieu fee for providing neighborhood community park and recreational facilities.
Amount of the fee: $ 4,375 per single family dwelling unit detached
3,810 per single family dwelling unit attached
2,990 per multi-family dwelling unit
3,365 per duplex dwelling unit
2,230 per mobile home dwelling unit
2,030 per motel/hotel dwelling unit
FY 98/99 FUND BALANCE INFORMATION:
FUND 420 FUND 600-6004
PAD FUND PAD CIP FUND TOTAL
Beginning Balance, 07/01/95 $ 329,770 $ 428,689 $ 758,459
Park Dedication Fees 492,902 492,902
Interest Earned 76,805 76,805
Reimbursement-Other 135,276 135,276
Transfers In 112,177 273,000 385, 177
Transfers Out (273,000) (112,177) (385, 177)
Expenditures (91,931) (91,931)
Reserve for Contingencies (69,899) (69,899)
Unaudited Ending Balance, 06/30/99 ' $ 804,031 $ 497,581 $ 1,301,612
FY 98~99 EXPENDITURES:
FY 98/99 % Of Project Funded
PROJECT PROJECT DESCRIPTION EXPENDITURE by PAD Fees
PR136 94 Master Plan Study Eucalyptus Park $ 18,433 100.00%
PR162 92 Parkway Complex Renovation Phase I 85 58.85%
PR163 92 Parkway Complex Renovation Phase II 6,036 10.25%
PR164 Parks Implementation 910 100.00%
PR177 94 Gayle McCandliss Memorial Park II 113 100.00%
PR185 93 Park Acquisition 2,644 100.00%
PR210 96 Lauderbach Improvement 73 100.00%
PR213 99 Park Maintenance 5,920 100.00%
PR214 97 Restrooms - Otay, G. Rogers 17,120 100.00%
PR22t 98 Equipment Upgrade in Various Parks 25,174 100.00%
PR224 99 Loma Verde Complex 15,423 100.00%
TOTAL EXPENDITURES $ 91,931
ATI'ACHMENT D
TRUNK SEWER CAPITAL RESERVE
FY 98~99 REVENUES AND EXPENDITURES
Description of Fee: For the enlargement of sewer facilities of the City so as to enhance efficiency of utilization
and/or adequacy of capacity and for planning and/or evaluating any future proposals for area
wide sewage treatment and or water reclamation systems or facilities.
Amount of the fee: 30 Administrative fee per connection
3,015 plus $86/ft of chargeable length in excess of 35 ff for construction of a 4" diameter lateral
3,148 plus $89.80/ff of chargeable length in excess of 35 fi for construction of a 6" diameter lateral
317 for 4" diameter tap-ins
339 for 6" diameter tap-ins
1,251 plus $36/it of chargeable length in excess of 35 it for connections made at a depth in
excess of nine feet
2,220 per equivalent dwelling unit of flow when developing or modifying use of any residential,
commercial, industrial or other property
FY 98/99 FUND BALANCE INFORMATION:
FUND 222 FUND 600-6008
TRUNK SEWER TRUNK SEWER
(TS) CIP FUND TOTAL
Beginning Balance, 07/01/98 $ 10,039,313 $ 739,315 $ 10,778,628
Fees Collected 5,249,257 5,249,257
Interest Earned 925,202 925,202
Transfers In ~ 373,687 324,000 697,887
Transfers Out (324,000) (373,887) (697,887)
Expenditures (101,044) ( 101.044)
Unaudited Ending Balance, 06/30/99 $ 16,263,659 $ 588,384 $ 16,852,043
FY 98/99 EXPENDITURES:
FY 98/99 % Of Project Funded
PROJECT PROJECT DESCRIPTION EXPENDITURE by TRUNK SEWER
DR126 96/Industrial W/O Marsat Culvert $ 17,111 100.00%
OP113 93/Engineering Automation 44,852 42.01%
ST123 92/SY. Widening 14,041 3.46%
SW205 92/Metro Upgrade 240 100.00%
SW211 98/K Street Sewer 24,695 100.00%
SW213 98/C Street Sewer 32 100.00%
SW219 99/Salt Creek Trunk 73 46.00%
TOTAL EXPENDITURES $ 101,044
A'R'ACHMENT D
TRUNK SEWER CAPITAL RESERVE
FY 98199 REVENUES AND EXPENDITURES
LOANS:
Description of Loan Loan Amount Interest Rate
Loan to Redevelopment Agency Bayfron'd
Town Center, approved by Council Resolution
#18074 on December 4, 1995 800,000 5.90%
Loan to Redevelopment Agency Southwest
Redevelopment Project, approved by Council
Resolution #18074 on December 4, 1995 825,000 5.66%
Loan to Transportation DIF, approved by
Council Resolution #16706 on june 30, 1992 420,000 9.00%
Loan to Gas Tax Fund. approved by Council
Resolution #18767 on August 26, 1987 184,394 5.95%
Loan to AD97-1, approved by Council
Resolution #18795 on October 28, 1997 44,000 7.00%
Loan to AD96-1, approved by Council
Resolution #18873 on January 20, 1998 95,692 7.00%
Loan to Storm Drain Fund, approved by
Council Resolution #18996 on May 19, 1998 350,000 6.07%
Loan to Storm Drain Fund, approved by
Council Resolution #19078 on July 16, 1999 34,500 5.90%
Loan to Public Facilities DIF, approved by
Council Resolution #19383 on March 30, 1999 3,083,000 5.10%
Total $ 5,836,586
The two Redevelopment Agency loans are scheduled to be repaid during FY00. The repayment terms of the
remaining loans are unfixed as to timing.
CAPITAL IMPROVEMENT SCHEDULED IN FY 1999/2000:
PROJECT % Of Project Funded
PROJECT PROJECT DESCRIPTION AMOUNT by TRUNK SEWER
SW219 Salt Creek Trunk Sewer $ 20,000,000 46%
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING FINDINGS THAT THE
UNEXPENDED FLrNDS IN THE VARIOUS DIF FUNDS ARE
STILL NEEDED TO PROVIDE CONSTRUCTION OF
FACILITIES FOR WHICH THE FEES WERE COLLECTED
WHEREAS, Government Code §66000 requires local agencies
assessing Development Impact Fees ("DIF") to make available
specified financial data to the public each fiscal year; and
WHEREAS, this information has been available in the City
Clerk's office for public review since December 27, 1999; and
WHEREAS, it also required that the local agency review
this information at a public meeting; and
WHEREAS, local agencies are also required to make
findings once each year for any funds remaining unexpended or
uncommitted for five or more years, which findings must identify
the purpose for the fee and demonstrate a reasonable relationship
between the fee and the purpose for which it was charged.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby make findings that the unexpended
funds in the various DIF Funds are still needed to provide
construction of facilities for which the fees were collected for
the following projects:
EastLake Park Development Impact Fee
The fees collected prior to FY93 plus the interest earned
are still needed for park facilities. Per Council
approval and a request from the Eastlake Development Co.
for their cash flow needs, the funds are on loan to
EastLake Development Company to be repaid on demand.
No other DIF or PAD funds contain monies that have been
on deposit for five or more years.
BE IT FURTHER RESOLVED that the staff report and all
exhibits are hereby incorporated into the record of these
proceedings.
Presented by Approved as to form by
Robert Powell, Deputy City John M. Kaheny, City
Manager-Administrative Services Attorney
H: \home\Iorraine\rs\findings ,DIF
COUNCIL AGENDA STATEMENT
Meeting Date
ITEM TITLE: Resolution Acting as the Legislative Body of Community
Facilities District No. 98-3 (Open Space Maintenance District No. 35
[Sunbow II]), Making and Establishing Certain Interpretations Regarding
the Rate and Method of Apportionment of Special Taxes Within Such
Community Facilities District
SUBMITTED BY: Director of Public Works Q~
REVIEWED BY: City Manager ~ I// (4/5ths Vote: Yes No X ~
Ayres Land Company has requested that the City consider making an interpretation regarding the
application of the Extraordinary Special Tax provisions' rate and method of apportionment of special
taxes for Community Facilities District No. 98-3, an open space maintenance district for Sunbow
1I development. The interpretation requested by the developer, if adopted by City Cotmcil, would
provide relieffi-om this year's imposition of the Extraordinary Special Tax. The City has retained
the services of Brown Diven & Hessel, LLP as legal counsel to provide assistance.
RECOMMENDATION: Approve the resolution making the interpretation for the Extraordinary
Special Tax language as contained in the "Special Tax Report" for CFD 98-3, and any interpretations
thereto, and authorizing the Director of Finance to make a refund of the Extraordinary Special Tax
levied in Fiscal Year 1999/2000.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
In August 1998, Council established Community Facilities District No. 98-3 (CFD 98-3), an open
space maintenance district for the Sunbow II development, pursuant to the Mello-Ro0s Act and
"Chula Vista Community Facilities District Ordinance." CFD 98-3 provides the necessary funding
for the operation and maintenance of public landscaping and drainage improvements by levying an
annual "special tax," which is collected ~'om property owners via their property tax bill. In August
1999, the City approved the levy of the first year's "special tax" including the levy of the
Extraordinary Special Tax, and an interpretation to clarify provisions in the rate and method of
apportionment of the special taxes (the "Special Tax Formula") regarding the Extraordinary Special
Tax.
- Page 2, Item
Meeting Date _ 2/15/00
Extraordinary Special Tax
CFD's established to finance the cost of maintenance of improvements will frequently have a
mechanism built into the rate and method of apportionment of special taxes to protect against a loss
of special tax revenue resulting from the development of fewer dwelling units than was assumed
when the special tax rates were initially calculated. The initial special tax rates are based upon the
allocation of the estimated cost of the maintenance and administration of CFD 98-3 among an
assumed number of dwelling units. If the number of dwelling units actually developed is less than
the number of dwelling units upon which the special tax rates were based, the CFD will realize less
special tax revenue than necessary to fund the maintenance services.
In CFD 98-3, the mechanism built into the Special Tax Formula to protect against such a loss of
special tax revenue is the Extraordinary Special Tax. The levy of this Extraordinary Special Tax is
triggered in any tax year if it is determined that a reduction in the number of dwelling units to be
developed within any Planning Area of the CFD will result in a reduction in the special tax revenues
which can be generated within such Planning Area. This reduction in special tax revenue is defined
in the Special Tax Formula as a "Special Tax Deficiency." The Extraordinary Special Tax is
imposed on the undeveloped parcels pursuant to the Special Tax Report. The Extraordinary Special
Tax actually levied will be equal to the present value of the Special Tax Deficiency over a period
of 50 years using a 5.5% discount rate.
In the original "Special Tax Report" for CFD 98-3, staff and the developer (Ayres Land Company)
anticipated 78 multi-family units to be constructed and taxed via CFD 98-3 on one of the parcels
known as Planning Area 6. However, Planning Area 6 straddled two open space maintenance
districts, CFD 98-3 and Open Space District 18 (OSD 18). Only 40 multi-family units were actually
constructed on Planning Area 6 within the boundary of CFD 98-3; the other units were constructed
within the boundary of OSD 18 and are being assessed via that district. The loss of 38 units from
CFD 98-3 to OSD 18 within Planning Area 6 resulted in the imposition of an Extraordinary Special
Tax of $223,229.70 on the undeveloped parcels during this year's levy of special taxes. Updating
the land use table to eliminate these 38 units from Planning Area 6 eliminates the need for the
Extraordinary Special Tax. (Refer to Exhibit 1 for an updated land use table proposed to be used
for determining the Extraordinary Special Tax.)
Exhibit I reflects Planning Area 6's final development of only 40 units within CFD 98-3. The
adjustment is accomplished by adjusting other Sunbow II planning areas by an equivalent increase
or decrease of units and/or acreage all within CFD 98-3. Additionally, the original report provided
a 3.6% reduction in anticipated units to provide a buffer against the imposition of the Extraordinary
Special Tax. This buffer has also been utilized to adjust for the loss of the 38 units to the adjacent
open space district. Still, this adjustment of units and/or acreage is consistent with the land use
entitlements for the development1' Based on the revised "Exhibit C,' no Extraordinary Special Tax
would be imposed in Fiscal Year 99/00.
i The commercial site known as Planning Area 8 is anticipated to be developed to 11.5 acres pending
processhtg and approval of a SPA amendment.
Page 3, Item /0
Meeting Date _7,/_15]0.[
Staff recommends that Planning Area 6 and its associated Extraordinary Special Tax be given special
en.usideration because of the unusual circumstance of Planning Area 6 boillg within two open space
maintenance districts. The proposal being enusidered tonight maintalnn the protection the City and
future owners need to ensure that sufficient special tax revenues may be generated within CFD 98-3
while n°t being overlY onerous to the owner and developer ofthe undeveloped parcels. The proposal
achieves the overall objective of the provisions of the Extraordinary Special Tax. Voter approval
is not required i~or this action.
Action
Elimination of this year's imposition of Extraordinary Special Tax may be accomplished by a
Council interpretation approving revisions to "Exhibit C" of the "Special Tax Report" (Exhibit 1 of
this report). Staff, legal counsel end the developers (Ayres Land Company and Kaufinan and Broad)
have reviewed the proposed interpretation regarding the Extraordinary Special Tax and consider
these ready for Council approval.
Approval of the resolution will authorize the Director of Finance to refund the Extraordinary Special
Tax collected from the undeveloped parcels of CFD 98-3.
FISCAL IMPACT: The cost of this proceeding to consider the interpretation of the
Extraordinary Special Tax provisions regarding CFD 98-3 is being borne by the developer.
Exhibit I Revised "Exhibit C" of the "Special Tax Report"
Exhibit 2 "Exhibit C" of the original "Special Tax Report" with 99\00 Max. Special' Taxes
H:\HOME\ENGINEERXAGENDA\REFUND98.WpD by DDS
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT
NO. 35 [SUNBOW II]), MAKING AND ESTABLISHING CERTAIN
INTERPRETATIONS REGARDING THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES WITHIN SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has previously undertaken proceedings to form and has formed a community
facilities district, pursuant to the terms and provisions of the "Mello-Roos Community Facilities
Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State
of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of
Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law"), for the
purpose of financing the maintenance of certain public improvements. Such Community Facilities
District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]) (the "District"); and,
WHEREAS, the City Council and the qualified electors within the District have
authorized the levy of special taxes within the District to finance such maintenance; and
WHEREAS, such special taxes are authorized to be levied pursuant to the rate and method
of apportionment of such special taxes (the "Special Tax Formula"); and
WHEREAS, the City Council, in adopting the resolution forming and establishing the
District, did reserve to itself the authority to make interpretations of the Special Tax Formula for
purposes of clarifying any vagueness or ambiguity in the Special Tax Formula as it relates to any
category, zone, rate or definition therein; aod
WHEREAS, as a result of the unique configuration of that property within the District
located within Planning Area 6, i.e., property is located within both the District and Open Space
District No. 18, the literal application of the provisions of the Special Tax Formula to the actual
development of that portion of Planning Area 6 which is within the District triggers an unintended
and unnecessary levy of the Extraordinary Special Tax and, therefore, the City staff and special
counsel have recommended and requested that the City Council make certain interpretations of
the Special Tax Formula to provide a clarification of the Extraordinary Special Tax provisions to
avoid such unintended and unnecessary levy of the Extraordinary Special Tax; and
WHEREAS, the recommended interpretation is contained within the proposed modification
of Exhibit C to the Special Tax Formula set forth in Attachment A hereto which is hereby
incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION2. The CitY C°uncil herebY finds and determines that the interpretation of the
Special Tax Formula which is manifest in the modification to Exhibit C to the Special Tax
Formula is consistent with the intent of the Special Tax Formula and avoids an unintended and
. unnecessary levy of the Extraordinary Special Tax and, therefore, approves and makes the
interpretation of the Special Tax Formula as set forth Exhibit C, as modified, in Attactunent A
hereto. Such interpretation shall apply to and govern the application and levy of special taxes
within the District pursuant to the Special Tax Formula.
PREPARED BY: APPROVED AS TO FORM BY:
John P. Lippitt C)"'~ r)q/~q~x~
John M. Kaheny
Director of Public Works City Attorney
H:\HOMEXATTORNEY\RESO\CFD983.215
COUNCIL AGENDA STATEMENT
Meeting Date 02/15/00
ITEM TITLE: Resolution 1 ) Authorizing payment for purchases in excess
of the City Manager's authority to vendors of existing contracts, for
unleaded gasoline to the County of San Diego and unleaded gasoline
and diesel fuel to the SoCo Group; and 2) Awarding subsequent
purchasing agreements for the purchase of fuel through a cooperative
Director of Finance/,/
REVIEWED BY: City Manager~o~' (4/5THS vote: Yes No X )
In December 1998, the Public Works Garage closed its underground fuel tanks to meet
EPA standards. After evaluating different fueling options and a competitive bid process, the
City of Chula Vista entered into a purchase agreement with the SoCo Group for fuel for
onsite fueling for Chula Vista Transit and Public Works heavy equipment. Under a public
agency agreement, fuel was purchased for general fleet use from the County of San Diego,
which also used a competitive bid process to award its fuel contracts. The purchase
amount for the SoCo Group has and the amount for the County of San Diego will soon
exceed the City Manager's purchase authority limit.
RECOMMENDATION: 1) That Council authorize payment for purchases in excess of City
Manager's authority to vendore of existing contracts; for unleaded gasoline to the Coun~ of
San Diego and unleaded gasoline and diesel fuel to the SoCo Group. 2) That Council
award purchasing agreements for the purchase of fuel through a cooperative bid with the
City of San Diego as follows: Truc~Trailer Diesel fuel to Petro Diamond; Truc~miler
Unleaded Gasoline to Southern Counties Oil Company; and Tank Wagon deliveries of
Unleaded Gasoline and Diesel fuel to Buck Petroleum.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: At the time the underground tanks were closed, a decision had not been
reached as to the eventual use of the existing Public Works Corporation Yard, Plans for
the new facility at Maxwell Road had not been completed. Staff believed that it would be
prudent to wait on the decision to upgrade the tanks until morn progress had been made
concerning relocation of the Corporation Yard to the new facility. A major concern was
providing a reliable fueling source for the Chula Vista Transit buses. After a competitive bid
process, an award was made to the SoCo Group based on the fuel price and the
technology they would provide for automated, accurate recording of fuel dispensed to each
bus. The County of San Diego provided unleaded gasoline for the general fleet use. Both
the fuel prices and the length of time of the purchase agreement exceeded estimations
made by staff and hence the request for Council authorization.
Page 2, Item
Meeting Date 02/15/00
Subsequently, in September 1999, a decision was made to renovate the existing fuel tanks.
In part, approval was given for the renovation of the underground tanks based on the
savings that would accrue from purchasing fuel in bulk deliveries on the wholesale market,
and from the projected completion date of the new facility on Maxwell Road. Another
consideration was the self-sufficiency of the City of Chula Vista during times of crisis. It
was anticipated that the project to upgrade the fuel tanks would be completed by the end of
the calendar year. Instead, the project was not completed until February 2, 2000. This
required the City of Chula Vista to maintain fuel supply agreements in effect longer than
was planned.
FISCAL IMPACT: The price being paid for fuel has exceeded the price budgeted for the
past several months. Now that the renovation of the underground tanks has been
completed, the City once again will be able to purchase fuel at favorable wholesale
prices. Staff will monitor the budgeted versus actual fuel cost total and may return to
Council before the end of the fiscal year if the situation warrants an additional
appropriation. This request is to authorize additional payments to the SoCo Group not
to exceed $175,000 and additional payments to the County of San Diego not to exceed
$ 30,000.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING PAYMENT FOR PURCHASES
IN EXCESS OF THE CITY MANAGER'S AUTHORITY TO
VENDORS OF EXISTING CONTRACTS FOR UNLEADED
GASOLINE TO THE COUNTY OF SAN DIEGO AND
UNLEADED GASOLINE AND DIESEL FUEL TO SoCo
GROUP AND AWARDING SUBSEQUENT PURCHASING
AGREEMENTS FOR THE PURCHASE OF FUEL THROUGH A
COOPERATIVE BID WITH THE CITY OF SAN DIEGO
WHEREAS, in December, 1998, the Public Works Garage
closed its underground fuel tanks to meet EPA standards; and
WHEREAS, after evaluating different fueling options and
a competitive bid process, the City of Chula Vista entered into a
purchase agreement with the SoCo Group for fuel for onsite fueling
for Chula Vista Transit and Public Works heavy equipment; and
WHEREAS, under a public agency agreement, fuel was
purchased for general fleet use from the County of San Diego, which
also used a competitive bid process to award its fuel contracts;
and
WHEREAS, the purchase amount for the SoCo Group and the
amount for the County of San Diego will soon exceed the City
Manager's purchase authority limit.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize payment for purchases in
excess of the City Manager's authority to vendors of existing
contracts, for unleaded gasoline to the County of San Diego and
unleaded gasoline and diesel fuel to the SoCo Group. The
authorized additional payments to the SoCo Group shall not exceed
$175,000 and the additional payments to the County of San Diego
shall not exceed $30,000.
BE IT FURTHER RESOLVED that subsequent purchasing
agreements for the purchase of fuel through a cooperative bid shall
be awarded with the City of San Diego as follows: Truck/Trailer
Diesel fuel to Petro Diamond; Truck/Trailer Unleaded Gasoline to
Southern Counties Oil Company; and Tank Wagon deliveries of
Unleaded Gasoline and Diesel fuel to Buck Petroleum.
Presented by Approved as to form by
John P. Lippitt, Director of ~~ Ka~eny, City Att~ney
Public Works
H:\home\attorney\reso\socofuel
COUNCIL AGENDA STATEMENT
item
Meeting Date 02/15/0Q
ITEM TITLE: Resolution Accepting bids and awarding Purchasing Agreements
for the purchase of various pickup trucks
SUBMITTED BY: Director of Public Works'--~
Director of Finance E
REVIEWED BY: City ManagerS. ~)~ (4/5THS vote: Yes No X )
The FY 99-00 Equipment Replacement, Planning & Building Department, and Engineering
Inspection Division budgets provide for the purchase of fourteen various pickup trucks. The bid was
advertised in the Chula Vista Star News on December 4, 1999. Twenty-two bid packages were
sent out and eleven bidders responded. Two Chula Vista vendors were contacted and both of them
submitted bids. On December 16,1999, the bids for the purchase of these vehicles were opened.
RECOMMENDATION: That Council award purchase agreements to People's Chevrolet, Villa
Ford, and Lasher Auto Center, the lowest responsive bidders.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: As recommended by the Purchasing Agent following the evaluation of the bid
tabulation, the lowest responsive bidder for nine of the pickup trucks was People's Chevrolet, a
local vendor, with a net total price of $149,343.84. The lowest responsive bidder for three pickup
trucks was Villa Ford of Orange County with a net total price of $61,237.92. The lowest responsive
bidder for two pickup trucks was Lasher Auto Center from Sacramento with a net total price of
$39,864.28. The attached table shows a summary for each item and the complete tabulation is
available for examination in the office of the Purchasing Agent.
ALTERNATIVE FUEL
Due to Fire Code regulations, CNG vehicles cannot be maintained at the current City facility. This
means that even for such things as oil changes, the vehicles must be sent to properly equipped
facilities. Consequently, alternative fueled vehicles will not be purchased until the move to the new
corporation yard when maintenance facilities will be available. Staff plans to begin such purchases
with the FY00-01 vehicle purchases.
FISCAL IMPACT: Sufficient funds ($256,500) are provided in the FY98-99 Equipment
Replacement, Planning and Building Department, and Engineering Inspection Division budgets.
The net total including tax is $250,446.04
File#: 1320-50-DE
D:%WinWord~BUDGETU~,I 13 Pickups FY99-00.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
PURCHASING AGREEMENTS FOR THE PURCHASE OF
VARIOUS PICKUP TRUCKS
WHEREAS, the FY 99-00 Equipment Replacement, Planning &
Building Department and Engineering budgets provide for the
purchase of fourteen various pickup trucks; and
WHEREAS, on December 16, 1999, bids were received and
opened for the purchase of various pickup trucks as set forth in
Attachment A with the complete tabulation on file in the office of
the Purchasing Agent; and
WHEREAS, the lowest responsive bidder for nine of the
pickup trucks was People's Chevrolet with a net total price of
$149,343.84; the lowest responsive bidder for three pickup trucks
was Villa Ford with a net total price of $61,237.92 and the lowest
responsive bidder for two pickup trucks was Lasher Auto Center with
a net total price of $39,864.28.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept and bids and award
Purchasing Agreements for the purchase of various pickup trucks to
the lowest responsible bidders in each category as set forth above.
Presented by Approved as to form by
John P. Lippitt, Director of ~ Kaheny, ~orney
Public Works
H: \home\lorraine\rs\pickup .trk
Attachment A
Partial Tabulation of Low Bids and Local Bidders
BIDDER ITEM I ITEM 2 ITEM 3 ITEM 4
P/U TRUCK P/U TRUCK P/U TRUCK P/U TRUCK
Price Price Price Price
Peoples Chevrolet * 16,593.76 19,046.43 20, 175.32 21,007.95
Villa Ford 18,371.31 20,397.08
Lasher Auto Center 19,583.56 19,203.21
City Chevrolet 16,660.03 20,319.80
Downtown Ford Sales 18,841.17
Ken Grody Ford 18,886.42
Del Amo Dodge 16,743.27 19,779.66 19,485.30
Fuller Ford * 17,455.50 19,093.30 20,957.38 21,011.25
Item 1 P/U Truck Intermediate Extended Cab 4X2, 9 each
Item 2 P/U Truck Intermediate Extended Cab 4x4, 3 each
Item 3 P/U Truck Full Size Standard Cab 4X2 3/4 ton, 1 each
Item 4 P/U Truck Full Size Extended Cab 4X2 1/2 ton, 1 each
All prices are unit cost + tax and terms
· Chula Vista Bidders
COUNCIL AGENDA STATEMENT
item /
Meeting Date~
ITEM TITLE: Resolution Accepting bids and awarding contract to Sierra
Electric for the Installation of Street Lights and Traffic Signal Flashors on
Peppertree Road in the City of Chula Vista (CIP No. TF244).
SUBMITTED BY: Director of Public Works ~/
REVIEWED BY: City Manager~ ~ V)'C (4/5ths Vote: Yes__ No X ~
On January 19, 2000, the Director of Public Works received sealed bids from seven (7) electrical
contractors for the Installation of Street Lights and Traffic Signal Flashers on Peppertree Road in the
City of Chula Vista (CIP No. TF244). A low bid of $29,775.00 was received from Sierra Electric.
RECOM1VIENDATION: That Council approve the resolution accepting bids and awarding the
contract to Sierra Electric for the Installation of Street Lights and Traffic Signal Flashers on Peppertree
Road in the City of Chula Vista (CIP No. TF244).
BOARDS/COMMISSIONS RECOM1VIENDATION: Not applicable.
DISCUSSION:
On January 19, 2000, the Director of Public Works received sealed bids from seven (7) electrical
contractors for the Installation of Street Lights and Traffic Signal Fl~shers on Peppertree Road.
The original project was approved and funded in the City's FY 96/97 Capital Improvement Program.
Additional funding was approved in the City's FY 99/00 Capital Improvement Program.
The project calls for the installation of three 27' Street light Standards with 8' Mast Arm and 150-watt
High Pressure Sodium Vapor Laminar, two Type 1A Signal Standards, two 12" Light Emitting Diodes
(LED) Yellow Flashers, Trenching and Insta!lation of Conduit and Conductors, Protection and
Restoration of Existing Improvements and the construction of all appurtenances and other
miscellaneous work necessary to make the street light and traffic signal ~ashers on Peppertree Road
complete and operational.
The bids received for the project were as follows:
Contractor Amount
1. Sierra Electric - El Cajon $29 775.00
2. DB×, Inc. - Temecula $30 850.00
3. Lekos Electric, Inc. - E1 Cajon $34 400.00
4. Knox Electric, Inc. - Spring Valley $35 430.00
5. T&M Electric, Inc. - Lakeside $38 940.00
6. HT Development &Construction - San Diego $40 100.00
7. Trasig Corp. - Chula Vista $47.600.00
hge 2, Uem
Meeting Date 2/15/00
The low bid of $29,775.00 was submitted by Sierra Electric, which was below the Engtheer's estimate
of $33,352.00 by approximately 10.7%. The Engineers' estimate was based on bid prices from
previously awarded City projects containing street lights and traffic signal flashers. The low bid
contractor has participated in several bidding projects for the City in the past and their work
performance has been satisfactory. They have met all City requirements for the award of the contract
as set forth in the bid document; therefore, staff recommends awarding the contract to Sierra Electric.
The total cost for the Installation of new street lights, traffic signal flashers, traffic signal meter
pedestal, traffic control, removal and disposal of existing improvements, protection and restoration of
existing improvements, and the construction of all appurtenances and other miscellaneous work
necessary to make the street lights, traffic signal flashers on Peppertree Road complete and operational
is $43,999.00. This includes the $29,775.00 contract amount, $7,724.00 for construction inspection,
$3,500.00 for contract administration and $3,000.00 for contingencies. No additional expenditure is
needed for design costs.
Environmental Stares
The City' s Environmental Review Coordinator has reviewed the work involved in this project and
determined that the project is exempt for CEQA both under CEQA Guidelines, Section 15061 (b) (3)
and Section 15303, Class 3 (new construction or conversion of small structures).
Disclosure Statement
A copy of the Contractor's disclosure statement is attached as Exhibit A.
Prevailing Wage Statement
The source of funding for this project is the Gas Tax Fund. Contractors' bidding this project are not
required to bid based on paying prevailing wages to persons employed by them for the work under this
contract.
No special minority or women owned business requirements were necessary as part of the bid
documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to various minority trade publications.
Form of Agreement
The contract will be let on the City's standard Public Works Contract form. The final form will be
approved by the City Attorney.
Page 3, Item /! ~
Meeting Date 2/15/00
FISCAL lMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
Installation of Street Lights and Traffic Signal
Flashers
A. Contract Amount $29,775.00
B. Construction Inspection $ 7,724.00
C. General Administration $ 3,500.00
D. Contingencies $ 3,000.00
TOTAL $ 43,999.00
FUNDS AVAILABLE FOR CONSTRUCTION
C. Gas Tax Fund $43,999.00
TOTAL $43,999.00
There are sufficient funds available to begin construction of this project.
Attachment:
Exhibit A - Contractors Disclosure Statement
File No: 0735-10-TF-244
H:\HOME\ENGINEER\AGENDA\TF2A4.PGS
,/3-S
· ~/ /3
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on
1. List the names of all persons having a ~nanPial interest in the property which is the subject of the application or the Contract,
e.g.. owner, applicant, Contractor, subcontractor, material supplier.
2. If any person* identified pursuant to (1) above is a corporation or parmership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any partnership interest in the partnership.
3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trttst.
4. Have you had more than $250 worth of business transacted with an member of the City staff, Boards, Commi~sious,
Committees, and Council within the past twelve month? Yes __ No n~ If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have
assigned to represent you before the City in this matter.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current
or preceding election period? Yes __ No ~K_ If yes, state which Council members(s):
~/t~-) * * * (NOTE: Attached addi ' ~es n ~
i a e o ontract
Print or type name of Contractor/Applicant
· Person is defined as: 'Any individual, finn, co-parmership, joint venture, association. social club, fraternal organization, corporation, eslate, trust, receiver, syndicate, .-
this and any other county, city or eounn3,, city municipality, distxict, or other political subdivision, or any other group or combination acting as a unit.
EXHIBIT A 24/S
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT TO SIERRA ELECTRIC FOR THE
INSTALLATION OF STREET LIGHTS AND TRAFFIC
SIGNAL FLASHERS ON PEPPERTREE ROAD IN THE CITY
OF CHULA VISTA (CIP NO. TF244)
WHEREAS, on January 19, 2000, the Director of Public
Works received the following sealed bids from seven (7) electrical
contractors for the Installation of Street Lights and Traffic
Signal Flashers on Peppertree Road:
Contractor Amount
1. Sierra Electric - El C~on $29 775.00
2. DBX, Inc. - Temecula $30 850.00
3. Lekos Electric, Inc. - El C~on $34 400.00
4. Knox Electric, Inc. - Spring Valley $35 430.00
5. T&M Electric, Inc. - Lakeside $38 940.00
6. HT Development &Construction - San Diego $40 100.00
7. Trasig Corp. - Chula Vista $47,600.00
WHEREAS, the low bid of $29,775.00 was submitted by
Sierra Electric, which was below the Engineer's estimate of
$33,352.00 by approximately 10.7%; and
WHEREAS, said contractor has participated in several
bidding projects for the City in the past and their work
performance has been satisfactory and they have met all City
requirements for the award of the contract as set forth in the bid
document; therefore, staff recommends awarding the contract to
Sierra Electric; and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and determined that
project is exempt for CEQA both under CEQA Guidelines, Section
15061 (b) (3) and Section 15303, Class 3 (new construction or
conversion of small structures); and
WHEREAS, the source of funding for this project is the
Gas Tax Fund and contractors' bidding this project are not required
to bid based on paying prevailing wages to persons employed by them
for the work under this contract.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista hereby accepts said bids and awards the
contract to Sierra Electric for the installation of street lights
1
/9 -5
and traffic signal flashers on Peppertree Road in the City of Chula
Vista to Sierra Electric in the amount of $29,775.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt, Director of Jo~.'Kaheny, CityA~rney
Public Works
H:\home\BttoPney\reso\peppentl-.bid
2
COUNCIL AGENDA STATEMENT
Meeting Date 2/15/00
ITEM TITLE: Resolution Rej ect'mg Bids for the Modification of Traffic
Signal Systems at Hilltop Dr./J St., Third Ave./J St. and Fifth Ave/
H St. (TF234)
SUBMITTED BY: Director of Public Works ~
REVIEVqED BY: C~ty Manager ~ (4/Sths Vote: Yes No X )
On October 20, 1999, the Director of Public works received sealed bids from two (2) electrical
contractors for traffic signal modifications at Hilltop Dr./J St., Third Ave./J St. and Fifth Ave/H
St. (TF234). After reviewing those bids, Staff recommends, in the best interest of the City, that the
bids be rejected. City staff will then rebid the project.
RECOMMENDATION: That Council approve the resolution rejecting bids for traffic signal
modifications at Hilltop Dr./J St., Third Ave./J St. and Fifth Ave/H St. (TF234).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The approved CIP project is to upgrade the signals at Hilltop Dr./J St., Third Ave./J St. and Fifth
Ave/H St. and install protective/permissive left turn phasing. The approved CIP budget for the
project is $227,500.00. This is a partially State ~mded project under the Congestion Mitigation and
Air Quality (CMAQ) program. State funding is $130,000.00, which will be refunded to the City
after construction of the project is complete. The balance of the fimds budgeted for this CIP project
($97,500.00) is appropriated from the Traffic Signal Fund.
On October 20, 1999, City staff opened bids for this project. Bids were received from two (2)
electrical contractors. The apparent low bidder was Trasig Corporation ($188,208.00); the other
bidder was T & M Electric, dba Perry Electric ($224,436.00). After reviewing the bids, it appeared
that there was not a good faith effort in a timely manner to obtain Disadvantaged Business Enterprise
(DBE) subcontractors as outlined in the procedure/requirements associated with the CMAQ funding
allocated for this project. This eventually delayed award of the contract beyond the time flame
stated in the contract specifications, which required that the award be made within 30 days of the bid
opening.
Meeting Date 2/15/00
Staff is recommending rejection of the bids and rebidding the project based on the following:
1 ) DBE issues encountered with the low bidder have caused significant delays to the project.
Staff also feels that these issues have not yet been resolved. It will take a major effort and
will cause significant additional delay to resolve those issues involving the DBE Good Faith
Effort of the apparent low bidder.
2) Associated with the problems with the DBE Good Faith Effort of the apparent low bidder
is another bidding issue. The second bid came in at $224,436.00, which is $36,228.00 higher
than the apparent low bid (19.3%) and 17.4% higher than the engineer' s estimate of
$191,130.00. Rebidding the project will provide an opportunity for a larger number of
contractors, thereby increasing the possibility of obtaining more competitive bids.
3) Rejecting the existing bids gives staff the opportunity to re-evaluate the project design in
order to reduce the scope of work. In some instances, this can be accomplished by using
side-mounted internally illuminated street name signs while keeping the existing signal mast
arms. This will deviate from past practices of having street name signs mounted on mast
arms and having to change the mast arms, poles and foundations to handle the additional
loads generated by the signs. This ultimately reduces the project overall cost and allows staff
to complete the work within budget.
For these reasons, staff feels that it would be in the best interests of the City to reject the two bids
received on October 20, 1999, and to rebid the project.
FISCAL IMPACT: There would be minimal additional staff costs associated with rebidding the
project.
H:~IOMEXENGINEERXAGENDAXTF234.MA
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REJECTING BIDS FOR THE
MODIFICATION OF TRAFFIC SIGNAL SYSTEMS AT
HILLTOP DRIVE/J STREET, THIRD AVENUE/J STREET
AND FIFTH AVENUE/H STREET (TF234)
WHEREAS, on October 20, 1999, the Director of Public
Works received sealed bids from two electrical contractors for
traffic signal modifications at Hilltop Drive/J Street, Third
Avenue/J Street and Fifth Avenue/H Street (TF234); and
WHEREAS, after reviewing those bids, staff recommends, in
the best interest of the City, that the bids be rejected based on
the following:
1. Disadvantaged Business Enterprise (DBE) issues encountered
with the low bidder have significant delays to the project.
Staff also feels that these issues have not yet been resolved.
It will take a major efforts and will cause significant
additional delay to resolve those issues involving the DBE
Good Faith Effort of the apparent low bidder.
2. Associated with the problems with the DBE Good Faith Effort of
the apparent low bidder is another bidding issues. The second
bid came in at $224,436.00, which is $36,228.00 higher than
the apparent low bid (19.3%) and 17.4% higher than the
engineer's estimate of $191,130.00. Rebidding the project
will provide an opportunity for a larger number of
contractors, thereby increasing the possibility of obtaining
more competitive bids.
3. Rejecting the existing bids gives staff the opportunity to re-
evaluate the project design in order to reduce the scope of
work. This can specifically be accomplished by using side-
mounted internally illuminated street name signs while keeping
the existing signal mast arms. This will deviate from past
practices of having street name signs mounted on mast arms and
having to change the mast arms to handle the additional loads
generated by the signs. This ultimately reduces the project
overall cost and allows staff to complete the work within
budget.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby reject bids for the modification of
Traffic Signal Systems at Hilltop Drive/j Street, Third Avenue/J
Street and Fifth Avenue/H Street (TF234).
Presented by Approved as to form by
John P. Lippitt, Director of Jo~h~~ M. Kaheny, Cit ~ney
Public Works ~
Hr\home\10rraine\rs\~eject.bld
COUNCIL AGENDA STATEMENT
Item /~ ':
Meeting Date 2/15/2000
ITEM TITLE: Resolution Approving Agreement By and Between the City of
Chula Vista, Eastlake Development Company, LLC, and Otay Water
District to Provide for the transfer of Sewer Capacity at the Otay Lakes
Road Sewage Pump Station from the Eastlake Development Company to
Otay Water District
SUBMITTED BY: Director of Public Works/)~
~//~ ~ (4/5ths Vote: Yes No X )
REVIEWED BY: City Manager/; o
Otay Water District (Otay) owns real property located within the City of Chula Vista's sphere of
influence, and more commonly known as "Use Area". Otay leased a portion of this Use Area to
Pacific Link to be used for the construction of "Auld Goff Course". The purpose of this agreement
is to provide Otay with eleven (11) Equivalent Dwelling Units (EDUs) of sewer capacity at the
Otay Lakes Road Sewage Pump Station (Otay Pump Station) for the proposed "Auld Goff
Course ". Under this agreement EastLake would grant Otay Water District 11 EDUs of capacity
rights out of their allocated 2114 EDUs at this pump station.
RECOMMENDATION: That Council approve resolution approving Agreement By and Between
the City of Chula Vista, Eastlake Development Company, LLC, and Otay Water District to
Provide for the transfer of Sewer Capacity at the Otay Lakes Road Sewage Pump Station from the
Eastlake Development Company to Otay Water District.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The Otay Lakes Road Pump Station was originally f'manced through Assessment District 90-3 (AD
90-3), which covers Eastlake Greens, the Olympic Training Center, Eastlake Trails, Eastlake
Woods, Eastlake Vistas, and Eastlake Business Center II. The City Attorney's office and bond
counsel determined that in order to utilize the existing pump station capacity, bene~ted portions
of the Salt Creek Ranch project would be allowed to purchase available capacity from
undeveloped, unmapped parcels within the assessment district.
On January 20, 1998 the City of Chula Vista (City), Eastlake Development Company, LLC
(Eastlake), and Pacific Bay Homes (Pacific), entered into an agreement that was approved under
Resolution No. 18875, to provide for the joint use, future expansion, and for the maintenance and
operation of the temporary Otay Lakes Road Sewage Pump Station.
The pump station was originally constructed to accommodate flows from Eastlake Greens,
Olympic Training Center, and Eastlake Trails projects. However, the pump station was designed
Page 2, Item /5
Meeting Date 2/15/2000
to accommodate additional flows from the Eastlake Woods, Eastlake Vistas, and Eastlake Business
Center H projects by simply upgrading the size of the pumps in the pump station.
Currently, the pump station's capacity of 3,288 EDUs is underutilized and the station operates
very inefficiently due to the relatively low number of connected EDUs (about 964 EDUs) from
the Eastlake Greens, Olympic Training Center projects and Salt Creek Ranch Development, which
have not been developed at the rate envisioned when the tentative map for Salt Creek Ranch was
approved in 1992. Salt Creek Ranch's total pump station capacity need at the ultimate build-out
is approximately 1,174 EDUs, based upon the 'approved tentative map. The sewage capacity
requirements for the Eastlake area at the ultimate build-out is 4,795 EDUs. Upon the approval
of this agreement, Otay Water District will have a sewer capacity need of 11 EDUs at the pump
station. However, based on the agreement between Otay Water District and Eastlake
development, Otay would be granted capacity rights from Eastlake's allocated capacity rights.
Therefore, the total required sewer pump capacity for the pump station to accommodate Easflake,
Salt Creek Ranch and Otay Water District Developments at the ultimate build-out conditions is
5969 EDUs, and remains unchanged from existing conditions.
Since the current available capacity of 3,288 EDUs is not fully utilized, it is the opinion of Public
Works staff that an upgrade of the pump station's capacity at this time would not be required.
The pump station's existing capacity is adequate to accommodate the combined sewage pump
capacity of Eastlake Greens, the Olympic Training center, Salt Creek Ranch and the proposed
Auld Goff Course at build-out conditions. However, approximately 2,680 EDUs of additional
sewage pumping capacity will be required to satisfy the future sewage pumping capacity
requirements of Eastlake Trails, Eastlake Woods, Eastlake Vista, and Eastlake Business Center
II.
The existing agreement commits Eastlake to cover all costs of upgrading the pump station to its
ultimate capacity if and when needed, assuming that Salt Creek Ranch will not require more than
1,174 EDUs and Otay would not require more than 11 EDUs of pump station capacity. Bond
counsel and the City Attorney's office have indicated that this arrangement is acceptable.
The proposed agreement between the City, Eastlake Development Company and Otay Water
District does not modify the previously established agreement between the City, EastLake and
Pacific Bay Homes. Pacific Bay Homes will retain their allocated capacity rights as provided for
in that agreement.
The proposed agreement will be in effect for as long as the Otay Lakes Road Sewage Pump Station
remains in operation or until the following occurs:
1. All needed upgrades have been accomplished and
Page 3, Item /'~
Meeting Date 2/15/2000
2. The City's contribution for each connected EDU is sufficient to provide for the annual
maintenance and operation cost or 75 % of the projected total sewage pumping capacity
requirements of the Eastlake and Salt Creek Ranch properties, as determined by the
Director of Public Works, have been connected to the pump station.
This is consistent with the existing agreement with Eastlake Development Company. The pump
station will no longer be needed and will be taken out of service when the Salt Creek trunk sewer
is constructed.
FISCAL IMPACT:
All pump station upgrade/expansion costs will be borne by Eastlake Development Company.
Pump station operation and maintenance costs will be shared by the City and the developers in
accordance with Ordinance No. 2461 until such time as the developers are released from their
obligations to share such costs. The fiscal impact of the proposed agreement alone, with respect
to ultimate operation and maintenance costs for the pump station will be very minimum due to the
relatively low number of EDUs (11 EDUs) to be added to the pump station.
Attachment: Agreement By and Between the City of Chula Vista, Eas~ake Development
Company, LLC, and Otay Water District to Provide for the transfer of Sewer
Capacity at the Otay Lakes Road Sewage Pump Station from the Eastlake
Development Company to Otay Water District
[FILE NO. 0490-60-PF272]
H:\HOME\ENGINEER\SEWER99\OTAYGOLF\OTAYPUMP.fmaI-II3.aC.dOc
AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, THE EASTLAKE
COMPANY, LLC, AND OTAY WATER DISTRICT TO PROVIDE FOR THE TRANSFER
OF SEWER CAPACITY AT THE OTAY LAKES ROAD PUMP STATION FROM THE
EASTLAKE COMPANY TO OTAY WATER DISTRICT
This Agreement is made and entered into this of ,1999
by and between the City of Chula Vista ("City"), a municipal corporation, the EastLake Company,
LLC ("EastLake"), a California limited liability company, and Otay Water District COtay"), a
municipal water district formed under the Municipal Water District Act of 1911.
RECITALS
WHEREAS, the City provides sewer service within the City of Chula Vista pursuant to
the laws of the State of California (Health and Safety Code Section 5471), its ordinances and
resolutions; and
WHEREAS, EastLake owns or has developed real property located within the City of
Chula Vista, described by Chula Vista Tract 88-3, more commonly known as "EastLake Greens,"
and Parcel Map 16318, more commonly known as the "Olympic Training Center"; and
WHEREAS, on January 9, 1990, the City and EastLake entered into an agreement,
approved by Resolution No. 15450, in which EastLake agreed to pay for the maintenance and
operation of three sewage pump stations (including the Otay Lakes Road Pump Station) that serve
EastLake Greens and Olympic Training Center; and
WHEREAS, on January 23, 1990, the City and EastLake entered into an agreement,
approved by Resolution No. 15449, that permitted EastLake to discharge sewage from EastLake
Greens and the Olympic Training Center to the Telegraph Canyon Basin, including non-tributary
sewage flows from foreign basins; and
WHEREAS, on June 11, 1991, the City Council adopted Ordinance No. 2461 that
established a Special Sewer Service Rate Area, which included EastLake Greens and Olympic
Training Center, to collect fees from properties served by the three sewage pump stations
(including the Otay Lakes Road Pump Station) to pay for the operation and maintenance of the
sewage pump stations; and
WHEREAS, EastLake constructed the Otay Lakes Road Pump Station to a design capacity
of 3,288 Equivalent Dwelling Units (EDUs) to satisfy the sewage pumping requirements of
EastLake Greens, the Olympic Training Center, and the future development project commonly
known as "EastLake Trails;" and
WHEREAS, EastLake "re~nanced" its costs for construction of the Otay Lakes Road
Pump Station via Assessment District 90-3, which utilized assessment bonds; and
WHEREAS, the Otay Lakes Road Pump Station costs were assessed to bene~ted parcels
within EastLake Greens, the Olympic Training Center, EastLake Trails, and other future
development projects commonly known as "EastLake Woods," "EastLake Vistas," and "EastLake
Business Center II;" and
WHEREAS, the sewage pumping capacity requirements of EastLake Greens, the Olympic
Training Center, EastLake Trails, EastLake Woods, EastLake Vistas, and EastLake Business
Center II are approximately 4,795 EDUs at ultimate build-out conditions; and
WHEREAS, based upon the approved map for Chula Vista Tract 92-02, Pacific Bay
Homes (Pacific) will require approximately 1,174 EDUs of capacity at the Otay Lakes Road Pump
Station COtay Pump Station") to serve Salt Creek Ranch at build-out conditions; and
WHEREAS, the addition of Salt Creek Ranch and other future development projects within
the Otay Pump Station's service area will require the Otay Pump Station to have a combined
capacity, at ultimate build-out conditions, for portions of the Salt Creek Basin tributary to the Otay
Pump Station of approximately 5,969 EDUs; and
WHEREAS, the Otay Pump Station's existing capacity is adequate to satisfy the combined
sewage pumping capacity requirements of EastLake Greens, the Olympic Training Center, and
Salt Creek Ranch at build-out conditions but approximately 2,680 EDUs of additional sewage
pumping capacity will be required to satisfy the future sewage pumping capacity requirements of
EastLake Trails, EastLake Woods, EastLake Vistas, EastLake Business Center II; and
WHEREAS, on May 17, 1994, the City Council approved Resolution No. 17491 adopting
City Council Policy No. 570-03, "Sewage Pump Station Financing Policy," that related to the use
of sewage pump stations and provided for the financing of the operation and maintenance costs
associated with such pump stations; and
WHEREAS, on August 2, 1994, pursuant to City Council Policy No. 570-03, the City
Council adopted Ordinance No. 2596 that amended Municipal Code Sections 13.14. I00 and
13.14.150 relating to sewage pump station charges, amended Ordinance No. 2461, and repealed
Ordinance Nos. 2181, 2286, and 2477 thereby dissolving special sewer service rate areas; and
WHEREAS, In accordance with Ordinance No. 2596 and the January 23, 1990 agreement
with the City and EastLake, as amended on June 4, 1991, the City shall contribute $1.00 per EDU
per month for each EDU connected to the Otay Pump Station as of the preceding June 30, for the
operation and maintenance cost of such facility; and
2
WHEREAS, on January 20, 1998, the City, EastLake, and Pacific entered into an
agreement, approved under Resolution No. 18875, to provide for the joim use and future
expansion of the temporary Otay Lakes Road Sewage Pump Station, and for the Maintenance and
Operation of said pump station proportional to each parties total capacity rights (2,106 for
EastLake, 1174 for Pacific); and
WHEREAS, Otay owns real property located within the City of Chula Vista's sphere-of-
influence, and more commonly known as "Use Area"; and
WHEREAS, Otay is leasing a portion of the Use Area to Auld Goff Course San Diego
LLC for construction and operation of the "Auld Goff Course" referred to as the golf course; and
WHEREAS, a Conditional Use Permit has been approved by the City to permit
construction and operation of the golf course; and
WHEREAS, The Use Area has been annexed to the City of Chula Vista; and
WHEREAS, the golf course and other ancillary uses (e.g., reservoir, disinfection facility,
buffered solution discharge) will generate the need for approximately eleven (11) EDUs of sewage
capacity to serve the golf course at the Use Area; and
WHEREAS, the Otay Lakes Road Sewage Pump Station curremly is under utilized based
on connected EDUs and can support the eleven (11) EDUs of sewage capacity required by Otay;
and
WHEREAS, EastLake has excess capacity rights at the Otay Lakes Road Sewage Pump
Station and will be able to provide Otay with the eleven (11) EDUs of needed capacity for the golf
course and the Use Area; and
WHEREAS, Otay agrees to pay its proportional share (based on eleven (11) EDUs) of the
operation and maintenance costs for the Otay Lakes Road Sewage Pump Station; and
WHEREAS, it is necessary for the City, EastLake, and Otay to enter into an agreement
to reduce Eastlake's capacity rights and provide the eleven (11) EDUs of capacity at the Otay
Pump Station to serve the sewer needs of the golf course and the Use Area to Otay.
NOW, THEREFORE, THE CITY OF CHULA VISTA, EASTLAKE, AND OTAY do
agree as follows:
1. Purpose. The purpose of this Agreement is to provide Otay with eleven (11) EDUs of
sewer capacity at the Otay Lakes Road Sewage Pump Station from Eastlake's existing capacity of
2114 EDUs.
2. Term of Agreement and Areas to be Served.
a. Term. This Agreement shall commence on the date this Agreement is cxecnted by the
City, EastLake and Otay.
b. Areas. The area, including the golf course and other Otay facilities at the Use Area,
to bc served pursuant to this agreement is defined by the attached legal description (Exhibit A)
for the use area and approved by City of Chula Vista City Council, Resolution No. 19425, on
April 13, 1999 (Exhibit B).
3. Services, Rates, Fees, and Assessments
a. Service. The City shall provide the Properties with full sewer service as long as the
City is capable of providing such service and EastLake and Otay are in compliance, as determined
by the City, with the terms and provisions of this Agreement, the rules and regulations regularly
imposed by the City and the City's ordinances.
b. Maintenance Costs. EastLake and Otay shall pay for the maintenance and operation
costs of the Otay Pump Station in the amounts determined by the City in the following manner:
1. Subsequent to July 1 of each fiscal year, the Director of Public Works
("Director") shall determine the maintenance and operational costs of the Otay Pump Station and
the amounts to be paid by EastLake, and Otay for the following fiscal year (each fiscal year shall
be defined hcrein as commencing from July 1 to the following June 30th ).
2. EastLake's, Paci~c's and Otay's share of said maintenance and operation costs
for each fiscal year shall be proportional to each parties total capacity rights (2,103 for EastLake,
1174 for Pacific and 11 for Otay) minus the respective cumulative number of EDUs each party
has connected to the Otay Pump Station in all of the previous fiscal years divided by a number
equal to all parties combined capacity rights (3,288) minus the total EDUs connected by all parties
in all of the previous fiscal years.
c. Release. EastLake and O~ay shall be released from their obligation Io pay for the
maintenance and operation costs of the Otay Pump Station when the Director determines that the
earlier to occur of: (1) the City's contribution of $1.00 for each connected EDU, (as set forth in
Ordinance No. 2596 and the January 23, 1990 agreement with the City and EastLake, as amended
on June 4, 1991) is sufficient to provide for the annual maintenance and operation of the Otay
Pump Station, or (2) 75 % of the projected total sewage pumping capacity requirements of the
properties have been connected to the Otay Pump Station (that is 75 % of 5,977 EDUs).
d. Review Status of Funds. The Director may, at his discretion, review the status of
funds available for operating and maintaining the Otay Pump Station anytime during the fiscal
year. If, as a result of said review, the Director determines that there will be insufficient funds
available to provide for said maintenance and operation and that the fund balance is likely to be
depleted within 30 days, the Director shall notify EastLake and Otay in writing of such situation
and require EastLake, and Otay, in the proportions in effect at the beginning of the fiscal year,
to provide sufficient funds to provide for said maintenance and operation to June 30 of that fiscal
year. EastLake and Otay shall, within 30 days of receipt of said notification, deposit the required
funds with the City's Director of Finance.
Any excess funds deposited by EastLake and/or Otay in a given fiscal year shall be
carried over as a credit for the next fiscal years operation and maintenance costs. Upon release
of EastLake and Otay from their obligations to pay maintenance and operations costs, excess funds
contributed by EastLake and Otay that have been carried over from the previous fiscal year shall '
be refunded.
e. EDU factors. The "EDU factor" for all land uses served by the Otay Pump Station
shall be as follows:
Land Use Category "EDU Factor"
Single Family Detached 1.0
Single Family Attached 0.75
Public Park (EDUs per Acre) 5.36
Elementary School- 800 Students 42.86
High School - 2400 Students 171.42
Churches (EDUs per Acre) 8.93
Commercial (EDUs per Acre) 8.93
Golf Course Club House 8.93 (Approved Negative Declaration
identified 6-8 EDUs for the Auld
Goff Course Club House.)
For any land uses not listed above, the EDU factor shall be determined based upon 1.0 EDU per
265 gallons of sewage generated per day.
5
4. Acquiring Capacity Rights. Eastlake currently has 2114 EDUs and shall relinquish
eleven (11) EDUs to Otay. Otay shall have capacity rights in the Otay Lakes Road Sewage Pump
Station of eleven (I1) EDUs. The parties to this Agreement acknowledge and agree the
construction of the Otay Pump Station was funded through Assessment District 90-3. Otay shall
acquire capacity rights upon the execution of this agreement.
5. Right to Withhold Permits. If Otay is determined by the City not to be in compliance
with the terms and/or obligations to this agreement, the City has the absolute and unfettered right
to withhold the issuance of any building permit for the golf course development from the property
owner not in compliance; provided however, the City shall not withhold building permits from the
other party, if such party is found to be in compliance with the terms and/or obligations herein.
6. Capacity Rights. EastLake shall have capacity rights to the Otay Pump Station of
2,103 EDUs. Otay shall have capacity rights to the Otay Pump Station of 11 EDUs once the funds
used to retire the bond debt have been transferred to Assessment District 90-3.
7. Successors - Assignment.
a. Benefit of successors. This Agreement shall be binding upon and inure to the benefit
of the successors, assigns and interests of the parties as to any or all of the Properties until
released by the mutual consent of the parties.
b. Assignments. The obligations of EastLake and Otay under this Agreement shall not
be assigned in whole or apart, without the express written consent of the City.
8. Notices. Notices which may be required or permitted under the terms of this
agreement shall be considered given upon receipt from the United Stated Postal Service of a
"Return Receipt" showing acceptance by a representative of the "receiving" party of the notice
which was posted "Certified - Return Receipt Requested". Addresses for any such notice shall
be:
For the City of Chula Vista:
City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
For EastLake Development Company:
President
EastLake Development Company
900 Lane Avenue, Suite 100
Chula Vista, California 9191;(q
6
For Otay Water District:
General Manager
Otay Water District
2554 Sweetwater Springs Boulevard
Spring Valley, California 91978
9. Third Party Beneficiaries. This agreement is between the City, Eastlake and Otay
only and is not intended to create any Third Party Beneficiaries.
10. Entire Agreement. This agreement contains the whole contract between the parties
for the transfer of eleven (11) EDUs from Eastlake to Otay and integrates all the terms and
conditions mentioned herein or incidental hereto and supersedes, unless otherwise stated, all
negotiations and previous agreements between the parties pertaining to the same subject.
11. Amendments to Agreement. Any modifications of the terms of this Agreement must
be made with the mutual consent of all parties by a subsequent written agreement.
12. Exhibits. All exhibits referred to in this Agreement, are hereby incorporated herein.
[NEXT PAGE IS THE SIGNATURE PAGE]
7
SIGNATURE PAGE TO AGREEMENT TO PROVIDE SEWER CAPACITY AT
THE OTAY LAKES ROAD SEWAGE PUMP STATION
IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year
first written above.
THE EASTLAKE COMPANY, LLC OTAY WATER DISTRICT
.--i~afl~t-o, President Alfredo Cardenas, General Manager
Date: Date:
By:
'Bruce-Sloa~Vice President
Date: See blew Signature Page for EastLake
CITY OF CHULA VISTA
By: ATTEST: Shirley Horton, Mayor
Susan Bigelow, City Clerk
Approved as to form by:
8
EASTLAKE NEW SIGNATURE PAGE
THE EASTLAKE COMPANY, LLC
By:
ident
Date:
By:~d~y~'t
Debra Roth-Klingner, Vice President
Date: \//
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BY AND BETWEEN
THE CITY OF CHULA VISTA, EASTLAKE DEVELOPMENT
COMPANY, LLC, AND OTAY WATER DISTRICT TO
PROVIDE FOR THE TR/~NSFER OF SEWER CAPACITY AT
THE OTAY LAKES ROAD SEWAGE PUMP STATION FROM
THE EASTLAKE DEVELOPMENT COMPANY TO OTAY WATER
DISTRICT
WHEREAS, Otay Water District ("Otay") owns real property
located within the City of Chula Vista's sphere of influence, and
more commonly known as "Use Area"; and
WHEREAS, Otay leased a portion of this Use Area to
Pacific Link to be used for the construction of "Auld Goff Course";
and
WHEREAS, this agreement will provide Otay with eleven
Equivalent Dwelling Units (EDUs) of sewer capacity at the Otay
Lakes Road Sewage Pump Station for the proposed "Auld Goff Course";
and
WHEREAS, under this Agreement, EastLake Development
Company, LLC ("EastLake") would transfer eleven EDUs of capacity
rights, out of EastLake's allocated 2114 EDUs at the pump station,
to Otay; and
WHEREAS, EastLake is obligated to pay its proportional
share of the operation and maintenance costs for the Otay Lakes
Road Sewage Pump Station; and
WHEREAS, Otay agrees to pay its proportional share (based
on eleven EDU's) of the operation and maintenance costs for the
Otay Lakes Road Sewage Pump Station.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve an Agreement by and between
the City of Chula Vista, Eastlake Development Company, LLC, and
Otay Water District to Provide for the Transfer of Sewer Capacity
at the Otay Lakes Road Sewage Pump Station from the Eastlake
Development Company to Otay Water District, a copy of which shall
be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
M. Kahen~ity AttorneyJ
Public Works
H:\home\attorney\reso\sewpump.olr
/5
AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, THE EASTLAKE
COMPANY, I J-C, AND OTAY WATER DISTRICT TO PROVIDE FOR THE TRANSFER
OF SEWER CAPACITY AT THE OTAY LAKES ROAD PUMP STATION FROM THE
EASTLAKE COMPANY TO OTAY WATER DISTRICT
This Agreement is made and entered into this of ,1999
by and between the City of Chula Vista ("City "), a municipal corpomtion~ the ~rl ~ke Company,
LLC ("EastLake"), a California limited liability company, and Otay Water District COtay"), a
municipal water district formed under the Municipal Water District Act of 1911.
RECITALS ~
VvI~IEREAS, the City provides sewer s~'vice within the City of Chttla Vista puts,rant to
the laws of the State of California (Health and Safety Code Section 5471), its ordinances and
resolutions; and
WHEREAS. EastLake owns or has developed tea/property located within the City of
Chuta Vista, described by Chuia Vista Tract 88-3, more commonly known as "EastLake Greens,"
and Parcel Map 16318, more commonly known as the "Olympic Tra~nin.g Center"; and
WHEREAS, on January 9, 1990, the City and EastLake entered into an agreement,
approved by Resolution No. 15450, in which EastLake agreed to pay for the maintenance and
operation of three sewage pump stations (including the Otay Lakes Road Pump Station) that serve
EastLake Greens and Olympic Training Center; and
WHEREAS, on January 23, 1990, the City and EastLake entered into an ageemem,
approved by Resolution No. 15449, that permitted Eastlake to discharge sewage from EastLake
Greens and the Olympic Training Center to the Telegraph Canyon Basin, including non-tributary
sewage flows from foreign basins; and
WHEREAS, on June 11, 1991, the City Council adopted Ordinance No. 2461 that
established a Special Sewer Service Rate Area, which included F-a~tLake Greens and Olympic
Training Center, to collect fees from properties served by the three sewage pump stations
(including the Otay Lakes Road Pump Station) to pay for the operation and maintenance of the
sewage pump stations; and
WHEREAS, Eastl ~ke constructed the Otay Lakes Road Pump Station to a design capacity
of 3,288 Equivalent Dwelling Units (EDUs) to satisfy the sewage pumping requirements of
EastLake Greens, the Olympic Traini.g Center, and the future development project commonly
known as "EastLake Trails;" and
1
WHEREAS, EastLake 'reflnanced~ its costs for construction of the Otay Lakes Road
Pump Station via Assessment District 90-3, winch utilized assessmc-nt bonds; and
WHEREAS, the Omy Lakes Road Pump Station costs were assessed to benefited parcels
within EastLake Greens, the Olympic Trainin~ Center, EastLake Trails, and other future
development projects col~.,',only known as "Easrl -~ke Woods," "Eastl ~ke Vistas," and "EastLake
Business Center rl; - and
WI-IE. RF~.S, the sewage pumping capacity requirements of F~tLake Greens, the Olympic
Training Center~ EastLake Trails, EastLake Woods, EastLake Vistas, and EastLake Business
Center II are approximately 4,795 lEDUs at ultimate build-out conditions; and
WHEREAS, based upon the approved map for Chula Vista Tract 92-02, Pacific Bay
Homes (Pacific) will require approximately 1,174 EDUs of capacity at the Otay Lakes Road Pump
Station COtay Pump Station") to serve Salt Creek Ranch at build-out conditions; and
WHEREAS, the addition of Salt Creek Ranch and other future development projects within
the Otay Pump Smtion's service area will require the Otay Pump Station to have a combined
capacity, at ultimate build-out conditions, for portions of the Salt Creek Basin tributary to the Otay
Pump Station of approximately 5.969 EDUs; and
WHEREAS, the O~v Pump Station's existing capacity is adequate to satisfy the combined
sewage pumping capacity requirements of EastLake Greens, the Olympic Training Center, and
Salt Creek Ranch at build-out conditions but approximately 2,680 EDUs of additional sewage
pttmping capacity will be required to satisfy the future sewage p,,mping capacity requirements of
EastLake Trails, EastLake Woods, FastLake Vistas. EastLake Business Center ]]; and
WHEREAS, on May 17, 1994, the City Council approved Resolution No. 17491 adopting
Ci.ty Council Policy No. 570-03, "Sewage Pump Station Financing Policy," that related to the use
of sewage pump stations and provided for the financing of the operation and maintenance costs
associated with such pump stations; and
WHEREAS, on August 2, 1994, pursuant to City Council Policy No. 570-03, the City
Council adopted Ordinance No. 2596 that mended M, micipal Code Sections 13.14.100 and
13.14.150 relating to sewage pump station charges, amend~ Ordinance No. 2461, and repealed
Ordinance Nos. 2181, 2286, and 2477 thereby dissolving special sewer service rate areas; and
WHEREAS, In accordance with Ordinance No. 2596 and the January 23, 1990 agreement
with the City and EastLake, as mended on June 4, 1991, the City shall contribute $1.00 per EDU
per month for each EDU connected to the Otay Pump Station as of the preceding June 30, for the
operation and maintenance cost of such facility; and
2
WHERLzkS, on January 20, 1998, the Cin.', EastLake, and Paci~,~ entered taro an
agreement, approved under Resolution No. 18875, to provide for the joint use and future
expansion of the ~orary Otay Lakes Road Sewage Pump Station, and for the Maintenance and
Operation of said pump station proportional to each parties total capacity. rights (2,106 for
EastLake, 1174 for Pacific); and
WHEREAS, Omy owns real property. located within the City of Chula Vista's sphere-of-
influence, and more commonly known as "Use Area"; and
WHEREAS, Otay is leasing a portion of the Use Area to Auld Goff Course San Diego
LLC for constnmtion and operation of the "Anld Goff Course" referred to as the golf course; and
WHEREAS, a Conditional Use Permit has been approved by the City to pernut
consu'uction and operation of the golf course; and
WHEREAS, The Use Area has been annexed to the City of Chuia Vista: and
WHTEREAS, the golf course and other ancillary uses le.g., reservoir, dis~ffection mciiit.~.
buffered solution discharge) will generate the need for approxmmtely eleven (; I) EDUs of sewage
capacity to serve the golf course at the Use Area: and
WHEREAS, the Otay Lakes Road Sewage Pump Station currently is under utilized based
on connected EDUs and can support the eleven (11) EDUs of sewage capacin., required b:' Oray:
and
WHEREAS, EastLake has excess capacity rights at the Otay Lakes Road Sewage Pump
Station and will be able m provide Otay with the eleven (11) EDUs of needed capacity for the golf
course and the Use Area; and
WHEREAS, Omy agrees to pay its propomonal share (based on eleven (11) EDUs) of the
operation and maintenance costs for the Otay Lakes Road Sewage Pump Station; and
WHEREAS, it is necessary for the City, EastLake, and Otay to enter into an ageement
to reduce Eastlake's capacity rights and provide the eleven (11) EDUs of capacity at the Otay
Pump Station to serve the sewer needs of the golf course and the Use Area to Otay.
3
NOW, THEEFOE. THE CITY OF CHULA VISTA. EASTL.QCE, AND OTAY do
agree as follows:
1. Purpose. The purpose of this A~eement is to provide Otay with eleven (11) EDUs of
sewer capacity at the Otay Lakes Roa~ Sewage Pump Station from Eastlake's existing, capacity of
2114 EDUs. '~ -
2. Term of Agreen~ent and Areas to be Served.
a. Tenn. This Agreement shall commence on the date thi~ Agreement is executed by the
Ci~', EastLake dad Omy.
b. Areas. The area, including the golf course and other Otay facilities at the Use Area,
to be served pursuant to this ag'reement is defined bv the attached legal description (Exhibit A)
for the use area and approved by Ci_ty of Chula ViSta Cit3, Council, Resolution No. 19425, on
April 13, ~999 (Exhibit B).
3. Services, Rates, Fees. and Assessments
a. Service. The Cin_.' shall provide the Prox~erties with full sewer service as long as the
City is capable of providing such service and EastLake and Otay are m compliance, as determined
by the City, with the terms and provisions of this A~eement, the rules and rem~ations re_-ularlv
finposed by the City and the City 's ordinances.
b. Maintenance Costs. EastLake and Omv shall pay for the maintenance and operation
costs of the Otay Pump Station in the mounts detlrmined by the City in the following manner:
1. Subsequent to July 1 of each fiscal year, the Director of Public Works
"Director") shall determine the maintenance and operational costs of the Otay Pump Station and
the amounts to be paid by Eastl-ake, and Otay for the following fiscal year (each fiscal year shall
be defined herein as commencing from July 1 to the following June 30th ).
2. EastLake's, Pacffic's and Otay's share of said maintenance and operation costs
for each fiscal year shall be proportional to each parties total capacity rights (2,103 for EastLake,
1174 for Pacific and 11 for Otay) minus the respective cumulative number of El)Us each party
has connected to the Otay Pump Station in all of the previous fiscal years divided by a number
equal to all parties combined capacity rights (3,288) m~n, ts the total EDUs connected by all parties
in all of the previous fiscal years.
c. Release. EastLake and Otay shall be released from their obligation to pay for the
maintenance and operation costs of the Otay Pump. Slation when the Director determines that the
earlier to occur of: (1) the City's conlribution of $1.00 for each connected EDU, (as set forth in
Ordinance No. 2596 and the January 2.3, 1990 agreement with the City and EastLake, as mended
on June 4, 1991) is sufficient to provide for the annual maintenance and operation of the Otay
4
Pump Station. or (2) 75 % of the projected total sewage proping capacity requirements of the
properties have been connected to the Otay Pump Station (that is 75 % of 5,977 EDUs).
d. Review Status of Funds. The Director may, at his discretion, review the status of
funds available for operating and -mamtaimug the Otay l~rrnp Station anyrlme daring the fiscal
year. If. as a result of said review, the Director determines that there will be insuffieiem funds
avai/able to provide for said maintenance and operation and that the fund balance is likely to be
depleted within 30 days, the Director shall notify EastLake and Otay in writing of such situation
and require EastLake, and Otay, in the proportions in effect at the be~nnlng of the fiscal yeas,
to provide sufficient funds to provide for said maintf~nance and opel'ation tO June 30 of that fiscal
year. EastLake ~nd Otay shatl, within 30 days of receipt of said notification, deposit the required
funds with the Ci.ty's Director of Finance.
Any excess funds deposited by EastLake and/or Otay in a given fiscal year shall be
carried over as a credit for the next fiscal years operation and maintenance costs. Upon release
of EastLake and Omy ~rotu thek obligations to pay maintenance and operations costs, excess funds
contributed by EastLake and Otay that have been carried over ~rotu the previous fiscal year shall
be refunded.
e. EDiT factors. The "EDU factor" for all land uses served by the Otay Pump Station
shali be as follows:
Land Use Category "EDU Factor"
Single Family Detached 1.0
Single Family Attached 0.75
Public Park (lEDUs per Acre) 5.36
Elementary School- 800 Students 42.86
High School- 2400 Students 171.42
Charches CEDUs per Acre) 8.93
Commercial (lEDUs per Acre) 8.93
Golf Coarse Club House 8.93 (Approved Negative Declaration
identified 6-8 EDUs for the Auld
Goff Coarse Club HoUse.)
For any land uses-not listed above, the EDU factor shall be determined based upon 1.0 EDU per
265 gallons of sewage generated per day.
5
4. Acquiring Capacity Rights. Eastlake currently has 2114 EDUs and shall relinquish
eleven (11 ) EDUs to Otay. Omy shall have capacity fights in the Omy l ~kes Road Sewage Pump
Station of eleven (11) EDUs. The parties to thi~ Agr~mgnt aclmowlgclge and agree the
construction of the Otay Pump Station was funded through Assessment Di~L~ ict 90-3. Omy shall
acquire capacity right~ upon the execution of this agrc~znent.
5. Right to Withhold Permits. If Otay is deteunined by the City not m be in compliance
with the terms and/or obligations Io this agreement, the City ha~ .the absolute and unfettered right
to withhold the issuance of any building pe, mit for the golf come development from the property
owner not in coniplipnce; prOvided however, the City shall not withhold building peJ mit~ from the
other party, if such party is found to be in compliance with the terms and/or obligations herein.
6..Capacity Rights. EastLake shall have capacity rights to the Otay Pump Station of
2,103 EDUs. Otay shall have capacity rights to the Otay Pump Station of 11 EDUs once the funds
used to retire the bond debt have been transferred to Assessment District 90-3.
7. Successors- Assignment.
a. Benefit of successors. This Agreement shall be binding upon and inure to the benefit
of the successors, assi~-ms and interests of the parties as to any or all of the Properties until
released by the mutual consent of the parties.
b. Assi~onments. The obligations of EastLake and Otav under this Agreement shall not
be assi~_-med in whole or apart, without the express written consent of the City.
8. Notices. Notices which may be required or permitted under the terms of this
agreement shall be considered given upon receipt from the United Stated Postal Service of a
"Return Receipt" showing acceptance by a representative of the "receiving" party of the notice
which was posted "Certified - Return Receipt Requested". Addresses for any such notice shall
be:
For the City of Chula Vista:
City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CaLifornia 91910
For EastLake Development Company:
President
EastLake Development Company
900 Lane Avenue, Suite I00
Chula Vista, California 91913/4
For Otay Water Disu-ict:
General Manager
Otay Water Dislric~
2554 Swcenvater Springs Boulevard
Spring Valley, California 91978
9. Third Party Bendielnries. This a~'gcmem is between the City, Fantlake and Omy
only and is not mmnded to crate any Third Party Beneficiaries.
10. Entire Agreement. This agreerector conm~n~ the whole compact benvein the parries
for the transfer of eleven (11) EDUs from Eastlake To Otay and inteFa~es all the ~erms and
conditions mentioned herein or incidental hereto and supersedes, unless otherwise stated, all
negotiations and previous agreements between the parties pertaining to the same subject.
11o Amaendments to Agreement. Any modifications of the terms of this A~eemem must
be made with the mutual consent of all parties by a subsequent written agTeement.
12. Exhibits. All exhibits referred to in Tbi~ A~eement. are hereby incorporated herein.
[NEXT PAGE IS THE SIGNATURE PAGE]
SIGNATURE PAGE TO AGREEMENT TO PROVIDE SEWrER CAPACITY AT
THE OTAY LAKES ROAD SEWAGE PUMP STATION
IN WITNESS WHEREOF; the parties have executed this a~eement as of the day and year
first written above.
THE EASTLAKE COMPANY, LLC OTAY WATER DISTRICT
_ $~m"l~io, President Allredo Cardenas, General Mana,oer
Date: Date: Z/" f O "~ fl
By:
B, ,., c Sirere, Vice President
Dare: See Nek, Signature Page ior EastLake
CITY OF CHUL'A VISTA
By: ATTEST: Shirley Horton, Mayor
Susan Bigelow, City Clerk
Approved as to form by:
Jotm'M. Kaheny, CityjAttomey
8
EASTLA. I~ NEV¢ SIGNATURE PAGE
THE EASTLAKE COMPAN~~, LLC
By:
William T. Os~m, President
Date:
Bx"" 'd." -
Debra Rothd-2iingmer, Vice Presidem
Date: T-,
CITY COUNCIL AGENDA STATEMENT
ITEM .o.
MEETING DATE 2/15/00
ITEM TITLE: RESOLUTION APPROVING THE SALE AGREEMENT WITH THE MARINA
CONGREGATION OF JEHOVAH'S WITNESSES CHULA VISTA, CA INC. FOR
CITY OWNED PROPERTY LOCATED AT 515 TERRA NOVA DRIVE
.....-...,,
FIEVIEMFED BY: TE: YES__ NO X !
In the eady 1990's the City and Agency facilitated the development of the Palemar Trolley Center located at
Broadway and Palemar in the Southwest Redevelopment area. The development required property acquisition and
consolidation. The Marina Congregation of Jehovah's Witnesses was displaced as a result of this project and
rebcated to a City-owned property at 515 Terra Nova Drive. In February 1995, The Madna Congregation of
Jehovah's Witnesses entered into a lease agreement with the City for the 1.5 acre parcel and built a new facility.
The lease agreement provided an option to purchase the property. The terms for the purchase outlined in the lease
agreement are summarized in the discussion below. The Marina Congregation wishes to exercise their option and
purchase the property pursuant to these terms for $269,191. Staff recommends the approval of the sale of the
property to the Madna Congregation.
It is recommended that the City Council adopt the resolution appreving the sale agreement with the Marina
Congregation of Jehovah's Witnesses for City owned properly located at 515 Terra Nova Drive.
Not applicable.
DISOU~ON: ::~ :~ !~,~ ~:,~: "~ :' ':: ',:: ::~:~:i::~!:'i:~:~:: :~:~::::
Pursuant to the Lease Agreement ("Lease") dated February 9, 1995, the Madna Congregation has an option to
purchase the property currently being leased from the City of Chula Vista ("City") at 515 Terra Nova Drive.
The Lease provided for the following purchase terms if the Option was exercised within the first five years (prior to
January 2000) of the lease term:
· Purchase pdce would be $380,000 less any applicable credits;
· $1500 of each monthly lease payment of $2200 shall be applied to the purchase pdce;
· Building Permit Fees paid shall be credited towards the purchase price;
PAGE 2, ITEM
MEETING DATE 2/15/OO
· Sewer Participation fees shall be paid at the time of purchase: and
· AIJ out of pocket costs to satisfy mitigation obligations, up to $35,000, shall be applied to the
purchase price.
The resulting purchase pdce is $269,191, which is broken down as follows:
Purchase Pdce: $380,000
Rent Credit: ($84,000) ($1500 x 56 = rent payment from 7/95 thru 1/00)
Mitigation Cred it: ($18, 147)
Reimbursement of
Permit Fees ($19,662)
Sewer Participation Fees$11,000
Seller Escrow Fees ($500)
Buyer Escrow Fees $500
Adjusted Price $269,191
The development of the property required mitigation for the California Gnat Catcher. The Rancho Marina
Congregation purchased mitigation land in September 1995 for $18,147. The Rancho Madna Congregation paid
building permit fees in the amount of $19,662. The required sewer padicipation fee of $11,000 was deferred, with no
interest, until the prepere/was sold. Staff vedfied the payment of the permit fees and mitigation costs by reviewing
receipts.
The General Fund will receive $258,191 and the sewer fund will receive $11,000 from the sale of the property.
H:~HOME\COMMDEV~STAFF,REP\I~5~00\jehovah,doc
PURCHASE ANDSALEAGREEMENT
AND JOINT ESCROW INSTRUCTIONS
SELLER: CITY OF CHULA VISTA, a municipal corporation
BUYER: The Marina Congregation of Jehovah's Witnesses Chula Vista CA, Inc.
ESCROW NO: 400-1062DD
First American Title Insurance Co.
411 Ivy Street
San Diego, CA 92101
H:\home\commdev\anderson~ehovah.doc 2/10/00 2:44 PM
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
("Agreement"), is entered into effective as of February 15, 2000 by and between the CITY OF
CHULA VISTA, a municipal corporation, ("Seller") and The Marina Congregation of Jehovah's
Witnesses Chula Vista CA Inc. ("Buyer").
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller
and Buyer agree as follows:
ARTICLE 1
AGREEMENT Of PURCHASE AND SALE
1.1 Description of Property. Seller owns certain improved real property ("Property")
located at 515 Terra Nova Drive in the City of Chula Vista, County of San Diego, California,
comprised of one legal parcel (Assessor's Parcel No. 592-192-17) located at 515 Tetra Nova
Drive totaling approximately 1.5 acres. The Property is more particularly described on Exhibit "A"
attached hereto.
1.2 Lease/Option to Purchase. Buyer is currently leasing the property from Seller
pursuant to that certain Lease dated February 9, 1995 between the parties approved by City
Council Resolution No. 1777 on December 20, 1994 ("Lease"). Pursuant to Sections 37 and 38 of
the Lease Buyer has the option to acquire the Property ("Option") on certain terms and conditions
set forth therein. Buyer has exercised its option by wdtten notice to Seller. This Agreement is
being entered into for purposes of implementing Buyer's exercise of the option.
1.3 Offer to Purchase. Buyer's execution of this Agreement constitutes an irrevocable
offer to buy the Property on the terms and conditions stated herein.
1.4 Purchase and Sale. Seller's execution of this Agreement shall create a binding agreement
between the parties hereto, effective as of the date of Seller's adoption hereof by formal
Resolution whereby Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the
Property from Seller, on the terms and conditions stated herein.
1.5 Deposit.
(a) Good Faith Deposit. Upon Buyer's approval of this Agreement, Buyer shall
deposit $269,191 into Escrow (defined below) as a good faith deposit ("Deposit"). Such deposit
shall be made pursuant to the terms of Section 3.3 hereof, below. If Buyer proceeds to acquire
the Property, Buyers Deposit, plus any interest earned thereon, shall be applied towards the
Purchase Price at Close of Escrow. Buyer's Deposit payments shall be in the form of either a
direct wire transfer to Escrow, or a cashier's or certified check drawn on a Califomia bank account
payable to Escrow Agent. Buyer~s failure to make the Deposit payments when required shall be a
matedal default hereunder, and Seller shall have the right to terminate this Agreement. Escrow
Agent shall invest the Deposit amounts in a federally-insured, interest-bearing account approved
by Buyer, and all interest earned thereon shall be credited to Buyer. The Deposit shall be
returned to Buyer if Buyer elects to terminate this Agreement and the Escrow for nonsatisfaction
of any condition pursuant to Section 5.1 or as a result of Sellers default hereunder.
(b) LIQUIDATED DAMAGES. IF BUYER FAILS TO COMPLETE THE
PURCHASE OF THE PROPERTY AND SUCH FAILURE CONSTITUTES A DEFAULT
HEREUNDER, AND IS NOT THE RESULT OF NONSATISFACTION OF CONDITIONS OR A
DEFAULT BY SELLER, THE PARTIES ACKNOWLEDGE AND AGREE THAT (1) SELLER'S
DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN, AND (2)
THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000) REPRESENTS A REASONABLE
ESTIMATE OF SUCH DAMAGES, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON
THE DATE OF EXECUTION OF THIS AGREEMENT. THEREFORE, THE PARTIES
ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF SUCH FAILURE TO PERFORM BY
BUYER, SELLER SHALL HAVE THE RIGHT TO RETAIN $10,000 OF THE DEPOSIT AS
LIQUIDATED DAMAGES PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671. SUCH
LIQUIDATED DAMAGES SHALL CONSTITUTE SELLER'S SOLE AND EXCLUSIVE REMEDY
AGAINST BUYER, ALL OTHER REMEDIES BEING HEREBY EXPRESSLY WAIVED BY
SELLER. ANY REMAINING AMOUNTS OF THE DEPOSIT SHALL BE RETURNED TO BUYER.
SELLER WAIVES ALL RIGHTS SELLER MAY OTHERWISE HAVE PURSUANT TO
CALIFORNIA CIVIL CODE SECTION 3389 OR OTHERWISE TO SPECIFICALLY ENFORCE
THIS AGREEMENT. BY SIGNING THEIR INITIALS BELOW, EACH PARTY CONFIRMS ITS
CONSENT TO AND AGREEMENT WITH THE PROVISIONS OF THIS PARAGRAPH:
SelleCs Buyers
Initials Initials
ARTICLE 2
PURCHASE PRICE
2.1 Purchase Price. The total purchase price ("Purchase Price") which Buyer
agrees to pay and Seller agrees to accept for the Property is the sum of TWO HUNDRED SIXTY-
NINE THOUSAND ONE HUNDRED NINETY-ONE DOLLARS ($269,191), payable through
Escrow as follows:
(a) The Deposit of $269,191 shall be delivered to Escrow Agent (defined below) as
provided in Section 1.4;
(b) The balance, which shall be the amount deemed necessary by the Escrow
Agent to cover Buyer's closing costs hereunder, shall be delivered to Escrow Agent in cash, in the
form of a cashier's or certified check or wired funds prior to the Close of Escrow.
ARTICLE 3
ESCROW
3.1 Escrow AGent. First American Title Insurance Company, located at 411 Ivy Street,
San Diego, Ca. 92101, ("Escrow Agent") is designated, authorized and instructed to act as
Escrow Agent pursuant to the terms of this Agreement unless otherwise mutually agreed by the
parties. Escrow Agent shall acknowledge the Opening of Escrow and its agreement to act as the
Escrow Agent hereunder by: (a) executing the Consent of Escrow Agent attached hereto; and (b)
promptly delivering a copy of the executed Consent to Seller and Buyer.
3.2 Escrow Instructions. This Agreement shall constitute initial escrow instructions to
Escrow Agent. Escrow Agent's general conditions shall be attached hereto as Exhibit "B" and
made a part hereof, to the extent they are consistent with the provisions of this Agreement. The
parties shall execute any additional escrow instructions reasonably required by Escrow Agent to
consummate the transaction provided for herein; provided, however, such additional escrow
instructions shall not modify the provisions of this Agreement, unless such instructions (a) state
the modification in full, and (b) are signed by both parties.
3.3 Openinq of Escrow. Within eight (8) business days after execution by both parties of
this Agreement, Buyer shall deliver a fully executed copy of this Agreement and the Deposit to
Escrow Agent. Opening of Escrow shall be the date Escrow Agent executes the Consent
described in Section 3.1.
3.4 Close of Escrow. "Close of Escrow" or "Closing" means the date Escrow Agent
records the Grant Deed in favor of Buyer and delivers the Purchase Price to Seller. If all
conditions to Closing are satisfied pursuant to the terms of this Agreement, Escrow shall close on
the day falling twenty-one (21) days after the opening of Escrow below; provided, however, if all
conditions are satisfied and all funds and documents required hereunder are deposited in Escrow
at an earlier date, Escrow Agent shall close the Escrow on such earlier date. The Closing Date
may not be extended except by a written escrow instruction signed by Buyer and Seller. If the
Escrow does not close on or before the Closing Date for any reason other than non-satisfaction of
Buyer's conditions to Close set forth in Section 5.2., or a default by Seller, and if the Closing Date
has not been validly extended as provided hereunder, then Buyer shall be in matedal default
hereunder and Seller shall have the unilateral right to terminate this Agreement and the Escrow by
delivering written notice to Escrow Agent with a copy to the other party), in which event Seller
shall have no further obligation hereunder.
3.5 Deliveries to Escrow. Prior to the Closing Date specified in Section 3.4, each party
shall timely deliver to Escrow all funds and documents required of such party in order to complete
the Closing under the terms of this Agreement, including, but not limited to, prorated amounts and
other payments required under Section 3.7.
3.6 Completion of Documents. Escrow Agent is authorized: to insert the Closing Date
and otherwise complete the documents deposited in Escrow, where appropriate and consistent
with this Agreement.
3.7 Prorations, Escrow Fees and Costs.
(a) Prorations, The following items shall be prorated in Escrow, as of the date of
Close of Escrow: real estate taxes, based on the most recent information available in the office of
the taxing entity. All prorations shall be made on the basis of a 30-day month and a 360-day year,
unless the parties otherwise agree in writing. If Buyer receives, after the Closing, any
supplemental bill for real estate taxes or assessments which relates, in whole or in part, to the
period prior to the Closing, such supplemental bill shall be allocated between Seller and Buyer as
of the Closing Date, and Seller shall pay the amount due to Buyer within thirty (30) days after
Seller's receipt of a statement and request for payment.
(b) Seller's Pa,/ments. Seller will pay: (1) the County Documentary Transfer Tax, in
the amount Escrow Agent determines to be required by law; (2) the cost of the Title Policy
described in Section 4.2; (3) document recording costs; and (4) all other customary "Seller" costs,
excluding Escrow Agent's fees and Buyer's payments provided below.
(c) Buver's Payments. Buyer will pay: (1) any and all non-customary Escrow charges;
(2) All of the Escrow Agent's fees; (3) the cost of any ALTA Title Policy or title endorsements; (4)
all financing costs, if any; and (5) all other customary "Buyer" costs, except for Seller's payments
provided above.
(d) Default. Notwithstanding the foregoing, in the event of a default by Buyer or Seller
hereunder, all cancellation and other escrow charges shall be paid by the defaulting party.
3.8 Existincl Encumbrances. Escrow Agent is authorized to secure beneficiary demands
and requests for reconveyance for those monetary liens which are not Permitted Exceptions
pursuant to Section 4.2 and the Property shall be reconveyed from each of the foregoing at Close
of Escrow.
3.9 Distribution of Funds and Documents. At the Close of Escrow, Escrow Agent shall
do each of the following:
(a) Payment of Encumbrances. Pay the amount of those monetary liens which are
not Permitted Exceptions to the obligees thereof, in accordance with the demands approved by
Seller, utilizing funds to which Seller shall be entitled upon Close of Escrow and funds (if any)
deposited in Escrow by Seller.
(b) Recordation of Documents. Submit to the County Recorder of San Diego
County the Grant Deed for the Property and each other document to be recorded under the terms
of this Agreement or by general usage, and, after recordation, cause the County Recorder to mail
the Grant Deed to Buyer and each other such document to the grantee, beneficiary or person
acquiring rights thereunder or for whose benefit said document was recorded.
(c) Non-Recorded Documents. Deliver by United States mail (or hold for personal
pickup, if requested): (1) the Title Policy to Buyer; each other non-recorded document received
hereunder to the payee or person acquiring rights thereunder or for whose benefit said document
was acquired.
(d) Distribution of Funds. Deliver by United States mail (or comply with other
unilateral instructions given by the applicable party):
(1) To Seller, the Purchase Pdce, adjusted for prorations, charges and other
credits and debits provided for herein.
(2) To Buyer, any excess funds delivered to Escrow Agent by Buyer.
ARTICLE 4
TITLE MA'FFERS
4.1 Preliminar,/Title Report.
(a) Delivery to Buyer. As soon as possible, but by no later than the Opening of
Escrow, Escrow Agent shall provide to Buyer, at Buyers expense, a preliminary title report ("PR")
issued by First American Title Company, or such other company designated by Buyer and
reasonably approved by Seller ("Title Insurer") reflecting the status of title to the Property. The PR
shall include a plat map showing the location of all easements, and legible copies of all items
shown as exceptions thereon. The PR will be deemed received by Buyer on the date of personal
delivery or three (3) days after mailing by Escrow Agent.
(b) Time to Object. Buyer shall have ten (10) business days after the date of
receipt of the PR to notify Escrow Agent (with a copy to Seller), in writing, of its approval or
disapproval of the legal description for the Property or any matters indicated as exceptions in the
PR. Buyer shall not object unreasonably.
(c) No Objection. If Buyer's written disapproval is not received by Escrow Agent
within said time period, Buyer shall be deemed to have approved the PR; provided, however,
Buyer shall not be obligated to affirmatively object to monetary exceptions to title, all of which
must be removed as a condition to Close of Escrow unless Buyer otherwise expressly agrees.
(d) Time to Eliminate Exceptions. If Buyer objects to one or more exceptions
indicated in the PR, Seller may cure such objection by delivering to Escrow Agent (with a copy to
Buyer), within five (5) business days after Seller's receipt of Buyer's objection, Seller's written
agreement to eliminate such exception(s) by the Closing Date.
(e) Riqht to Cancel or Perform. If Seller does not agree to cure each exception to
which Buyer has objected, Buyer shall elect one of the following, by delivering written notice to
Escrow Agent (with a copy to Seller) within five (5) days after receipt of notice of Seller's election
or expiration of the 5-day pedod described in (d) above (whichever occurs first): (1) to waive its
objections, take title subject to such exceptions, and proceed with Close of Escrow; or (2) to
terminate this Agreement and the Escrow, ;n which event neither party shall have any further
obligation hereunder and Buyer shall be entitled to recover its Deposit.
4.2 Title Insurance. As of Close of Escrow, Title Insurer shall issue, or be committed to
issue, at Seller's sole cost, a standard form CLTA Owner's Form B Policy of Title Insurance ("Title
Policy") insuring Buyer's title to the Property in the amount of the Purchase Price, subject only to
the following permitted exceptions ("Permitted Exceptions"): (a) current, non-delinquent real
estate taxes and assessments; (b) the lien of supplemental taxes, if any, assessed pursuant to
Chapter 3.5 of the California Revenue and Taxation Code; (c) the matters set forth in the PR and
approved by Buyer pursuant to Section 4.1(c) or (e); (d) any other matters approved in writing by
Buyer; and (e) matters excepted or excluded from coverage by the printed terms of the Title
Policy's standard form. City may, at City's sole option and expense, obtain an ALTA extended
coverage form of title insurance and/or title policy endorsements. Title Insurance shall also
include, at Seller's expense, assurances that Buyer shall be transferred ingress and egress rights
over that certain approximately 12 foot strip of land running along the eastern edge of the
property.
4.3 Grant Deed. Prior to Close of Escrow, Seller shall deposit in Escrow a Grant Deed,
duly executed and acknowledged in recordable form, conveying all Seller's right title and interest
in and to the Property to Buyer subject only to all matters of record and the Permitted Exceptions.
ARTICLE 5
CONDITIONS TO CLOSE OF ESCROW
5.1 Buver's Conditions to Close of Escrow. Close of Escrow shall be subject to
satisfaction of each of the following conditions precedent, which are for the benefit of Buyer, prior
to expiration of the Contingency Period:
(a) Title Matters. Buyer's approval of the PR, or Seller's election to cure each
exception disapproved by Buyer, or Buyer's waiver of any remaining disapproved exception(s),
pursuant to Section 4.1, and Title Insurer's commitment, upon Close of Escrow, to issue the Title
Policy in favor of Buyer provided in Section 4.2 hereof.
(b) Seller's Deliveries. Seller's delivery to Buyer, within five (5) business days after
Opening of Escrow, of complete, legible copies of the following items relating to the Properly: any
and all reports, studies, investigations, surveys, agreements, permits or other Property related
documents within Seller's possession or reasonably available thereto including, but not limited to,
any reports, documents, or records pertaining to the existence and/or removal of any underground
storage tanks, and if applicable, remediation of any related soil and/or groundwater contamination.
Seller makes no representation or warranties as to the accuracy of any information contained in
reports prepared by third parties.
(c) BuVer's Approval. Buyer's determination, in Buyer's reasonable discretion, of its
satisfaction with the physical condition of the Property.
(d) Rec~uired Tax Documents. To the extent required by law, Seller's delivery to
Escrow of completed state and federal non-foreign a,ffidavit and/or disclosure documents
including, without limitation, those affidavits and/or certificates required pursuant to Internal
Revenue Code Section 1445 and California Form 590 (Withholding Exemption Certificate).
5.2 Satisfaction. Waiver of Conditions. Buyer's approval, wherever required to satisfy a
condition, shall be evidenced by written notice delivered to Escrow Agent (with a copy to Seller).
If Buyer's written approval is not received by Escrow Agent within the specified time limit, the
matter shall be deemed approved.
5.3 Seller's Conditions to Close of Escrow,
(a) Buyer's deposit of the Purchase Price for the Property plus any of Buyer's closing
costs required hereunder.
5.4 Failure of Conditions. If any of the foregoing conditions is neither satisfied nor waived
by the benefited party within the specified time limit, such party may unilaterally terminate this
Agreement and the Escrow by giving written notice of termination to Escrow Agent (with a copy to
the other party). In the event of such termination, Buyer's Deposit shall be immediately retumed,
neither party shall have any further obligation hereunder, and the terms and conditions of the
Lease shall continue in full force and effect.
5.5 Diliqence; Cooperation. Each party agrees to exercise due diligence in satisfying
each and every condition to Close of Escrow for which such party is responsible. Each party
agrees to cooperate with the other party in satisfying those conditions to Close of Escrow for
which such other party is primarily responsible.
ARTICLE 6
REPRESENTATIONS AND WARRANTIES
6.1 BuVer's Representations and Warranties. Buyer agrees, represents and warrants,
as of the date of its execution of this Agreement and as of Close of Escrow, as follows:
(a) Authority. Buyer has full legal right, power and authority to execute and fully
perform its obligations under this Agreement, without the need for any further action by any
governing body thereof; and the persons executing this Agreement and other documents required
hereunder on behalf of Buyer are the duly designated agents of Buyer and are authorized to do
SO.
(b) Acknowledqement of "AS IS" Transfer. Buyer will make an independent
investigation, to the extent Buyer deems necessary or appropriate, concerning the physical
condition (including the existence of hazardous materials), value, development, use, marketability,
feasibility and suitability of the Property, including (but not limited to) land use, zoning and other
governmental restrictions and requirements. EXCEPT FOR SELLER'S EXPRESS
REPRESENTATIONS AND WARRANTIES SET FORTH BELOW, BUYER IS ACQUIRING THE
PROPERTY (INCLUDING, WITHOUT LIMITATION, IMPROVEMENTS THEREON WHICH
BUYER ITSELF CONSTRUCTED AND FOR WHICH BUYER IS SOLEY RESPONSIBLE) "AS
IS," IN ITS PRESENT STATE AND CONDITION SOLELY IN RELIANCE UPON BUYER'S OWN
INVESTIGATION. NEITHER CITY NOR ANY OF ITS AGENTS OR EMPLOYEES HAS MADE
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH ANY
MATTER RELATED TO THE CONDITION, VALUE, FITNESS OR USE OF THE PROPERTY.
(c) Release..Buyer hereby waives, releases, acquits, and forever discharges City, to
the maximum extent permitted by law, of and from any claims, actions, causes of action,
demands, rights, liabilities, damages, losses, costs, expenses or compensation whatsoever, direct
or indirect, known or unknown, foreseen or unforeseen, that now exist or that may arise in the
future on account of or in any way growing out of or connected with the ownership, use or
occupancy of the Property prior to the Closing Date, including, without limitation, the physical and
environmental condition of the property and any structures or improvements located thereon. In
connection with the foregoing release, Buyer acknowledges and expressly waives any of its fights
under California Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor."
62 Seller's Representations and Warranties. Each party comprising Seller, on his or her
own behalf, agrees, represents and warrants, as of the date of execution of this Agreement and
as of Close of Escrow, as follows:
(a) Authority; No Violations. Seller is the owner of the Property and has full legal
right, power and authority to execute and fully perform its obligations under this Agreement and to
convey the Property to Buyer and the persons executing this Agreement and other documents
required hereunder on behalf of Seller are the duly designated agents of Seller and are authorized
to do so. Seller~s performance of its obligations hereunder will not violate any existing laws,
regulations or agreements to which Seller or the Property is subject.
(b) Non-Forei.qn Affidavit. Seller represents and warrants to Buyer that it is not a
foreign person and is a United States person as defined in Section 7701(1)(30) of the Internal
Revenue Code, as amended ("Code").
(c) Condition of Property. Seller makes no representations or warranties as to the
condition of the Property, all of which Buyer shall be acquiring "AS IS".
6.3 Real Estate Commissions. Each party represents and warrants to the other party
that no brokers or finders have been employed or are entitled to a commission or compensation in
connection with this transaction. Each party agrees to indemnify, protect, hold harmless and
defend the other party from and against any obligation or liability to pay any such commission or
compensation related to this transaction arising from the act or agreement of the indemnifying
party.
6.4 Survival of Warranties. The representations and warranties given by Buyer and
Sellei' in this Article 6, and all obligations to be performed under the terms of this Agreement after
Close of Escrow, shall survive the Close of Escrow and delivery of the Grant Deed to Buyer.
ARTICLE 7
ADDITIONAL OBLIGATIONS
7.1 Condemnation. If, prior to Close of Escrow, an action is commenced for the
condemnation of the Property or any material portion thereof or interest therein so as to render the
Property unsuitable for Buyers use, then Buyer shall have the right to terminate this Agreement by
delivering written notice to Seller (with a copy to Escrow Agent) within ten (10) days after Buyer
receives notice of the condemnation or damage. If Buyer terminates this Agreement within such
1 O-day period, then the Escrow shall be cancelled, neither Buyer nor Seller shall have any further
obligation under this Agreement, and Buyer's Deposit shall be returned. If Buyer fails to deliver
written notice of termination within said 1 O-day period, Buyer shall be deemed to have waived and
Buyer shall proceed to consummate the purchase pursuant to this Agreement. Buyer shall have
no other remedies against Seller under the terms of this Agreement as a result of such
condemnation of the Property except as set forth in this Section.
7.2 Possession. Exclusive possession of the Property shall be delivered by Seller to
Buyer on the Closing Date after recordation of the Grant Deed. Except as expressly provided
9 /e
herein, all risk of loss and damage to the Property from whatever source shall be the sole
responsibility of Buyer after Close of Escrow.
7.3 Buyer's Indemnity. Buyer shall indemnify, protect, defend and hold Seller, its
officers, employees, representatives and agents, harmless from and against any and all claims,
losses, damages, costs and expenses (including attorneys fees and court costs) arising out of any
accident or occurrence on the Property after Close of Escrow (collectively, "Losses") excluding
those Losses resulting from Seller's sole negligence or willful misconduct or the invalidity of
Seller's express representations and warranties hereunder.
ARTICLE 8
GENERAL PROVISIONS
8.1 Attorneys' Fees. If either party commences legal proceedings for any relief against
the other party arising out of this Agreement, the losing party shall pay the prevailing party's legal
costs and expenses, including, but not limited to, reasonable attorneys' fees and costs as
determined by the court. The prevailing party shall be that party receiving substantially the relief
sought in the proceeding, whether brought to final judgment or not.
8.2 Computation of Time Pedods. All periods of time referred to in this Agreement shall
include all Saturdays, Sundays and state or national holidays, unless the period of time specifies
business days, provided that if the date or last date to perform any act or give any notice or
approval shall fall on a Saturday, Sunday or state or national holiday, such act or notice may be
timely performed or given on the next succeeding day which is not a Saturday, Sunday or state or
national holiday.
8.3 Counterparts. This Agreement or any escrow instructions pursuant to this
Agreement may be executed in multiple copies, each of which shall be deemed an original, but all
of which shall constitute one Agreement after each party has signed such a counterpart.
8.4 Entire AGreement. This Agreement, together with all exhibits attached hereto and
other agreements expressly referred to herein, constitutes the entire agreement between the
parties with respect to the purchase and sale of the Property. All prior or contemporaneous
agreements, understandings, representations, warranties and statements, oral or wdtten, are
superseded.
8.5 Exhibits. All exhibits referred to herein are attached hereto and incorporated hirein
by reference.
8.6 Further Assurances. The parties agree to perform such further acts and to execute
and deliver such additional documents and instruments as may be reasonably required in order to
carry out the provisions of this Agreement and the intentions of the parties.
8.7 Gender, Number. As used herein, the singular shall include the plural and the
masculine shall include the feminine, wherever the context so requires.
8.8 Governing Law. This Agreement shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of California.
10
8.9 Headin~s. The captions and paragraph headings used in this Agreement are
inserted for convenience of reference only and are not intended to define, limit or affect the
construction or interpretation of any term or provision hereof.
8.10 Modification, Waiver. No modification, waiver, amendment or discharge of this
Agreement shall be valid unless the same is in writing and signed by both Buyer and Seller. The
escrow instructions shall be considered a part of this Agreement, and no provision in said escrow
instructions shall supersede or contradict the provisions of this Agreement, unless the parties
agree in writing to such change.
8.11 Notice. Notice to either party shall be in writing and either personally delivered or
sent by certified mail, postage prepaid, return receipt requested, addressed to the party to be
notified at the address specified herein. Any such notice shall be deemed received on the date of
personal delivery to the party (or such party's authorized representative) or three (3) business
days after deposit in the U.S. Mail, as the case may be.
Seller's Address for Notice: Buver's Address for Notice:
City of Chula Vista Marina Congregation of Jehovah's Witness
276 Fourth Avenue 515 Terra Nova Drive
Chula Vista, CA. 91910 Chula Vista, CA 91911
Attn: Community Development Director
Either party may change its address for notice by delivering wdtten notice to the other party as
provided herein.
8.12 Severability. If any term, provision, covenant or condition of this Agreement is held
to be invalid, void or otherwise unenforceable, to any extent, by any court of competent
jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term,
provision. covenant or condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
8.13 Successors. All terms of this Agreement shall be binding upon, inure to the benefit
of, and be enforceable by the parties hereto and their respective heirs, legal representatives,
successors, and assigns.
8.14 Time. Time is of the essence of each provision of this Agreement, including without
limitation all time deadlines for satisfying conditions and Close of Escrow.
SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first
written above.
SELLER: CITY OF CHULA VISTA, a municipal corporation
By:
Shirley Horton, Mayor
A'I'I'EST
Susan Bigelow, City Clerk
APPROVED AS TO FORM BY
John M. Kaheny
City Attorney
BUYER: Marina Congregation of Jehovah's Witnesses Chula Vista CA Inc.
By:
Pete D. Diaz, President
CONSENT OF ESCROW AGENT
SELLER: CITY OF CHULA VISTA
BUYER: Marina Conqreclation of Jehovah's Witnesses Chula Vista CA, Inc.
ESCROW NO.: 400-1062DD
The undersigned ("Escrow Agent") hereby: (1) acknowledges delivery of a Purchase and
Sale Agreement and Joint Escrow Instructions ("Agreement") dated ,2000 between
the Seller and Buyer identified above, and delivery of the initial $269,191 Deposit described in
Section 1.5 of the Agreement; and (2) agrees to act as the Escrow Agent in accordance with the
provisions of the Agreement.
This Consent is executed on ,2000 which shall constitute the "Opening of
Escrow" pursuant to Section 3.3 of the Agreement.
ESCROW AGENT:
First American Title Insurance Company
By:
Escrow Officer
13
LIST OF EXHIBITS
A Legal Description of Property
B General Escrow Conditions
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
[To be provided]
A-1
EXHIBIT "B"
GENERAL ESCROW INSTRUCTIONS
[TO be provided]
·
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SALE AGREEMENT WITH THE MARINA
CONGREGATION OF JEHOVAH'S WITNESSES CHULA VISTA, CA,
INC. FOR CITY OWNED PROPERTY LOCATED AT 515 TERRA NOVA
DRIVE
WHEREAS, the City of Chula Vista (City) and Redevelopment Agency (Agency) facilitated the
development of Palomar Trolley Center, located at Palomar and Broadway, in the Southwest
Redevelopment area; and
WHEREAS, the development required property acquisition and consolidation; and
WHEREAS, the Marina Congregation was displaced as a result of this project and relocated to a
City-owned property at 515 Terra Nova Drive; and
WHEREAS, in February 1995 the Marina Congregation of Jehovah's Witnesses entered into a
Lease Agreement with the for a 1.5 acre parcel, and built a new facility; and
WHEREAS, the Lease Agreement provided an option to purchase the property; and
WHEREAS, the Marina Congregation wishes to exercise the option to purchase the property per
the terms of the Lease Agreement for $269,191.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista (1)
approves the sale agreement with the Del Rey Congregation of Jehovah's Witnesses for City owned
property located at 515 Terra Nova Drive; (2) authorizes and directs the mayor to execute same; and (3)
authorizes and directs staff to take all necessary and appropriate measures to implement the agreement.
Presented by Approved as to form by
Director of Community Development ny ~
H:\HOME\COMMDEV~RESOS\jehOvah
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 2/15/00
ITEM TITLE: Resolution of the City Council of the City of Chula Vista,
acting in its capacity as the legislative body of Community Facilities
District No. 99-1 (Otay Ranch SPA One - Portions of Village One,
Village Five and Village One West), Approving the Forms of a Restated
Bond Indentare, Preliminary Remarketing Memorandum, and Remarketing
Agreement, and Authorizing certain other actions in connection thereto.
SUBMITTED BY: Deputy City Manager Powel~(j
REVIEWED BY: City Manager .~ ~ (4/5ths Vote: Yes No X .)
In November, 1999, the Council approved the issuance of $23 million of Special Tax Bonds (the
"Bonds") for Community Facilities District 99-1 (the "District"). Although the Bonds were
successfully sold in December, due to certain transactions consummated by the principal developer
and its members on December 30, 1999 which occurred less than 25 days following the end of the
underwriting period for the Bonds, the City Manager, the Director of Finance and the City's
financing team for the Bonds have recommended that the District initiate a procedure which, if
successfully implemented, will result in (a) the mandatory tender of the Bonds, (b) the resetting of
the interest rates on the Bonds, (c) giving the current owners of the Bonds to option to have their
Bonds purchased, (d) remarketing the Bonds so purchased and (e) redelivering the Bonds to the then
owners thereof.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council adopt the Resolution approving the form of a Restated
Bond Indenture, Preliminary Remarketing Memorandum, and
Remarketing Agreement, and authorizing certain other actions in
connection thereto.
DISCUSSION:
Background
At the Council Meeting of August 31, 1999, the City Council held the public hearing 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 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.
Meeting Date 2/15/00
On that same date, following a special election held outside the City Cotmcil 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 31st, 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 parcels to CFD 99-1. At the regular City
Council meeting of September 14m, 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. CFD 99-1 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 will contain a total of 2,645 Single Family Residences, 1,352
Multi-Family Units, 8. l acres 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 parmers 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. The information was immediately communicated to the one major
institutional investor, who held in excess of $15 million in bonds and subsequently disclosed to all
other investors. The primary investor has requested that the bonds be taken back and the purchase
price be refunded. The City staff, in consultation with its financing team and the underwriter of the
Bonds, Stone & Youngberg, determined that in order to be equally fair to all investors that a
procedure should be initiated which, if successfully implemented, would result in (a) the mandatory
tender of the Bonds, (b) the resetting of the interest rates on the Bonds, (c) giving the current
owners of the Bonds to option to have their Bonds purchased, (d) remarketing the Bonds so
purchased and (e) redelivering the Bonds to the then owners thereof.
On February 1, the Council approved the form of a First Supplemental Bond Indenture to provide
for the mandatory tender of the Bonds, resetting the interest rates on the Bonds, allowing each
Page 3, Item l ~/
Meeting Date 2/15/00
Bond owner to elect to have such owner's Bonds purchased, remarketing all Bonds so purchased
and redelivering the Bonds to the then owners thereof and authorized the preparation and
distribution of a Second Supplement to the Official Statement which described the proposed
proceedings. The approval of the First Supplemental Bond Indenture required the consent of the
owners of 60% of the outstanding Bonds. On February 4, 2000, U.S. Bank Trust National
Association, the fiscal agent for the Bonds (the "Fiscal Agent"), and Stone & Youngberg sent
notice to the owners of the Bonds of the proposed First Supplemental Bond Indenture, together
with the First and Second Supplements to the Official Statement. The District subsequently
received the necessary consent of the owners of the Bonds and the First Supplemental Bond
Indenture has become effective. The District may now move on to the next phase of the
proceedings.
Resetting the interest rates on the Bonds, providing the owners with the election to have their
Bonds purchased and the corresponding remarketing effort entails 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, remarketing any bonds tendered back to Stone & Youngberg, acting
as the remarketing agent. Existing bondholders will be given the option of holding onto their
bonds which will bear interest at the reset rates (the reset rates will be equal to or exceed the
current interest rates). All costs involved with these actions will either be funded directly by the
principal developer or out of the proceeds of the original Bond issue deposited in the Acquisition
and Construction Fund and which would have been used to acquire authorized improvements from
the principal developer.
The resolution before Council tonight approves the form of the following documents:
· The Restated Bond Indenture (Exhibit 1) between the City and the Fiscal Agent, US Bank
Trust National Association, that will incorporate the reset interest rates on the Bonds and will
combine the provisions of the original Bond Indenture and the First Supplemental Bond
Indenture into a single document.
· The Remarketing Agreement (Exhibit 2). The Remarketing Agreement authorizes Stone &
Youngberg, as the remarketing agent, to purchase Bonds from those owners who have
elected to have their Bonds purchased and to remarket the Bonds so purchased to new
owners. The remarketing agent fee is not to exceed 1.50% of total Bonds remarketed, which
could translate into a fee of $345,000 if all $23 million of the bonds were remarketed.
Additionally, the remarketing agent will be allowed to recover reasonable expenses incurred
in the remarketing effort as approved by the District.
· The Preliminary Remarketing Memorandum (Exhibit 3) updates the description of the
Community Facilities District, including but not limited to, the information regarding the
principal developer, the appraisal, the market absorption study for both the current owners
of the Bonds and the potential investors in the remarketed Bonds.
Page 4, Item ~ '7
Meeting Date 2/15/00
It should be noted that Council would only be approving the form of the aforementioned documents.
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,
Bond Counsel, and Financial Consultant. No additions or changes in the documents are permitted
which would result in the average annual interest rate on the bonds to exceed 8.00%.
FISCAL IMPACT:
The principal developer will pay all costs either directly or through a transfer of funds from the
Acquisition and Construction Fund for the Bonds which would otherwise be available to acquire
authorized improvements from the principal developer. 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..
Attachments
Exhibit 1: Restated Bond Indenture for CFD No. 99-1
Exhibit 2: Remarketing Agreement for CFD No. 99-I
Exhibit 3: Preliminary Remarketing Memorandum for CFD No. 99-1
C :\My Documents\cfd991 rrn.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-
1 (OTAY RANCH SPA ONE-PORTIONS OF VILLAGE ONE, VILLAGE
FIVE AND VILLAGE ONE WEST), APPROVING THE FORMS OF
RESTATED INDENTURE, REMARKETING AGREEMENTAND PRELIMINARY
REMARKETING MEMOP~ANDUMAND AUTHORIZING CERTAIN ACTIONS IN
CONNECTION THEREWITH
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA (this ~City Council"), did previously conduct
proceedings to form and did form a community facilities district
pursuant to the terms and provisions of the ~Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2,
Title 5 of the Government Code of the State of California (the
"Act"), said Community Facilities District designated as
COMMUNITY FACILITIES NO. 99-1 (OTAY RANCH SPA ONE-PORTIONS OF
VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) (the "District")
for the purpose of financing the acquisition of certain public
improvements; and,
WHEREAS, the City Council did, subsequent to the formation
of the District, adopt its Resolution No. 19695 authorizing and
providing for the issuance of the $23,000,000 Community
Facilities District No. 99-1 (Otay Ranch Spa One Portions of
Village One, Village Five and Village One West) 1999 Special Tax
Bonds (the "Bonds") and approving a Bond Indenture dated as of
December 1, 1999 (the "Original Bond Indenture") by and between
the District and U.S. Bank Trust National Association, as fiscal
agent (the "Fiscal Agent") ; and
WHEREAS, the Bonds were sold by negotiated sale to Stone &
Youngberg LLC (the "Underwriter" and the Bonds were delivered to
the Underwriter and the District received the proceeds from the
sale of the Bonds on December 23 1999 (the ~Delivery Date"); and
WHEREAS, on January 3, 2000 the District was contactec ~y
representatives of Otay Project LLC, the major property owner
within the District (the "Developer") and was advised by the
Developer of certain transactions consummated by the Developer
and its members on December 30, 1999 which have been summarized
in a First Supplement to Official Statement dated January 5,
2000; and
WHEREAS, given the transactions that were consummated on
December 30, 1999, which occurred less than 25 days following the
end of the underwriting period for the Bonds referred to in
Securities and Exchange Commission Rule 15c2-12(b)(4)(ii), the
City Manager, the Finance Director and the City's financing team
have recommended that the District initiate a procedure, which if
successfully implemented, will result in (a) the mandatory tender
of the Bonds to facilitate the implementation of the actions
described in (b) and (c) hereafter, (b) resetting of the interest
rates on the Bonds at interest rates which Stone & Youngberg,
acting as the remarketing agent, and the Director of Finance,
determine will be the lowest interest rates at or above the
original interest rates on the Bonds which would under then
current market conditions result in a par bid price for the Bonds
on the date the interest rates are reset and (c) giving the
current owners of the Bonds the option to have their Bonds
purchased at a price of par plus accrued interest to the purchase
date or to continue to hold the Bonds at the reset interest
rates; and
WHEREAS, in order to accomplish the foregoing, on February
1, 2000, the City Council adopted a resolution to approve the
form of a First Supplemental Bond Indenture dated as of February
1, 2000 by and between the District and U.S. Bank Trust National
Association (the ~First Supplemental Bond Indenture") to amend
the Original Bond Indenture so as to establish the procedures for
the mandatory tender of the Bonds, resetting the interest rates
on the Bonds and giving the current owners of the Bonds the
option to have their Bonds purchased as described in the
preceding recital; and
WHEREAS, the consent of the owners of the Bonds to the
approval of the First Supplemental Bond Indenture has been
obtained in accordance with the provisions of Original Bond
Indenture; and
WHEREAS, there has been presented to this City Council for
its consideration the form of a Restated Bond Indenture dated as
of February 15, 2000 (the "Restated Indenture") by and between
the District and the Fiscal Agent to incorporate the reset
interest rates on the Bonds and to combine the provisions of the
Original Bond Indenture and the First Supplemental Bond Indenture
into a single document; and
WHEREAS, in order to reset the interest rates on the Bonds,
to provide for the purchase of Bonds from the owners who have
elected to sell their Bonds pursuant to the provisions of the
Restated Indenture, to remarket the Bonds so purchased and to
redeliver all of the Bonds, the forms 0£ the following documents
have also been presented to this City Council for its
consideration:
The Preliminary Remarketing Memorandum (the "Preliminary
Remarketing Memorandum") containing information including
but not limited to the District; the Bonds, including the
terms and conditions thereof and the sources of payment for
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the Bonds; the proposed development of the District and the
property ownership within the District including the
principal developer and the principal developer's proposed
sources and uses of funds necessary for the development of
the property within the District; and
The Remarketing Agreement by and between the District and
Stone & Youngberg LLC, as Remarketing Agent (the
"Remarketing Agreement"), establishing the terms and
conditions upon which the Remarketing Agent will reset the
interest rates on the Bonds, purchase Bonds from those
owners to elect to have their Bonds purchased, and remarket
the Bonds so purchased on behalf of the District; and
WHEREAS, this City Council, with the aid of City staff and the
City's financing team, has reviewed and considered the forms of the
Preliminary Remarketing Memorandum, the Remarketing Agreement and
the Restated Indenture and finds the forms of such documents
suitable for approval, subject to the conditions set forth in this
resolution; and
WHEREAS, all conditions, things and acts required to exist, to
have happened and to have been performed precedent to giving notice
to the owners of the Bonds of the mandatory tender of the Bonds,
the resetting of the interest rates on the Bonds, the purchase of
the Bonds from those owners who have elected to have such Bonds
purchased and the remarketing and redelivery of the Bonds as
contemplated by this resolution and the documents referred to
herein exist, have happened and have been performed or have been
ordered to have been preformed in due time, form and manner as
required by the laws of the State of California, including the Act
and the applicable policies and regulations of the City of Chula
Vista.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct.
SECTION 2. Authorization to Give Notice to the Fiscal Aqent
of the Effectiveness of the First SuDDlemental Bond Indenture. This
City Council, acting in its capacity as the legislative body of the
District, hereby authorizes the Director of Finance to give notice
to the Fiscal Agent that the First Supplemental Bond Indenture has
become effective.
SECTION 3. Authorization and Conditions. The Director of
Finance or such other official of the City as may be designated
by this City Council (an '~Authorized Officer"), acting for and on
behalf of the District, is hereby authorized and directed to
execute and deliver the final form of the various documents and
instruments described in this Resolution, subject to such
additions or changes therein as such Authorized Officer shall
deem to be in the best interests of the District, provided that
no additions or changes shall authorize that the interest rates
on the Bonds be reset at an average annual interest rate in
excess of eight percent (8.0 %). The approval of such additions
or changes shall be conclusively evidenced by the execution and
delivery of such documents or instruments by the Authorized
Officer, upon consultation with and review by the City Attorney
and Brown Diven& Hessell LLP, the District's bond counsel.
SECTION 4. Restated Indenture. The form of Restated
Indenture as presented to this City Council and on file with the
City Clerk is hereby approvedo An Authorized Officer is hereby
authorized and directed to cause the same to be completed and
executed for and on behalf of the District, subject to the
provisions of Section 3 above.
SECTION 5. Preliminary Remarketinq Memorandum. The City
Council hereby approves the form of the Preliminary Remarketing
Memorandum as presented to this City Council and on file with the
City Clerk, together with any changes therein or additions
thereto deemed advisable by the Director of Finance or, in the
absence of the Director of Finance, another Authorized Officer.
Pursuant to Rule 15c2-12 under the Securities Exchange Act of
1934 (the "Rule") the Director of Finance or, in the absence of
the Director of Finance, another Authorized Officer is authorized
to determine when Preliminary Remarketing Memorandum is deemed
final, and the Director of Finance or such other Authorized
Official is hereby authorized and directed to provide written
certification thereof. The execution of the Final Remarketing
Memorandum, which shall include such changes and additions
thereto deemed advisable by the Director of Finance or, in the
absence of the Director of Finance, another Authorized Officer
pursuant to the Rule, shall be conclusive evidence of the
approval of the Final Remarketing Memorandum by the District. The
City Council hereby authorizes the distribution of the Final
Remarketing Memorandum by the Fiscal Agent and the Remarketing
Agent to the owners of the Bonds who retain their Bonds following
the reset of the interest rates thereon and the purchasers of the
remarketed Bonds.
SECTION 6. Remarketinq A~reement. The form of the
Remarketing Agreement as presented to this City Council and on
file with the City Clerk is hereby approved. An Authorized
Officer is hereby authorized and directed to cause the same to be
completed and executed on behalf of the District upon the
execution thereof by the Remarketing Agent, subject to the
provisions of Section 3 above.
SECTION 7. Actions. All actions heretofore taken by the
officers and agents of the City, acting for and on behalf of the
District, and the District with respect to the mandatory tender of
the Bonds, the resetting of the interest rates on the Bonds, the
purchase of Bonds from the owners thereof who may elect to have
such Bonds purchased pursuant to the Restated Indenture, the
remarketing of the Bonds so purchased and the redelivery of all of
the Bonds are hereby approved, confirmed and ratified, and the
proper officers of the City, acting for and on behalf of the
District, are hereby authorized and directed to do any and all
things and take any and all actions and execute any and all
certificates, agreements, contracts, notices and other documents,
which they, or any of them, may deem necessary or advisable in
order to consummate the lawful resetting of the interest rates on
the Bonds, the purchase of Bonds, the remarketing of the Bonds so
purchased and the redelivery of all of the Bonds in accordance with
this Resolution, the Restated Indenture, the Preliminary and Final
Remarketing Memoranda and the Remarketing Agreement,, and any
certificate, agreement, contract, notice and other document
described in the documents herein approved.
SECTION 8. Effective Date. This resolution shall take effect
from and after its adoption.
Presented by Approved as to form by
John P. Lippitt, aheny,
Public Works Director lty At~
H: \home\attorney\re~o\resapprop. 991
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