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HomeMy WebLinkAboutAgenda Packet 2000/07/25 CITY COUNCIL AGENDA July 25, 2000 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'IY OF CHULA VISYA City Council City Manager Patty Davis David D. Rowlands, Jr. John S. Moot City Attorney Stephen C. Padilla John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 47 AGENDA JULY 25, 2000 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATH OF OFFICE: CHARTER REVIEW COMMISSION - MARK CROSHIER, SR. · OATH OF OFFICE: PLANNiNG COMMISSION - JOHN MCCANN · OATH OF OFFICE: PARKS AND RECREATION COMMISSION - YOLANDA RAMOS CONSENT CALENDAR (Items 1 through 11) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed afier Action Items. Items pulled by the public will be the first items of business. 1. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTiNG AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10), AUTHORIZiNG THE LEVY OF A SPECIAL TAX iN SUCH COMMUNITY FACILITIES DISTRICT (2ND READiNG AND ADOPTION) On June 6, 2000, Council approved the Resolution of Intention to form Community Facilities District No. 2000-1 (CFD 2000-1). CFD 2000-1 will fund the construction of public facilities, including a significant portion of the Sunbow II - Villages 5 through 10 improvements. This Ordinance had its first reading at the regular Council meeting of July 11, 2000. (Director of Public Works) Staff recommendation: Council adopt the Resolution. 2. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING SECTIONS 9.16.027 THROUGH 9.16.032 TO THE CHULA VISTA MUNICIPAL CODE RELATiNG TO THE POSSESSION OF CLONAZEPAM (2ND READiNG AND ADOPTION) During the past year, there has been an increase in the number of young adults and juveniles possessing the drug, Clonazepam. An amendment to the Health and Safety Code in the 1984 legislation unintentionally allowed persons to possess Clonazepam without a doctor's prescription. The drug is now considered popular as a "recreational drug" of choice among high school students and has been associated with several sexual assaults. (Chief of Police) Staff recommendation: Council adopt the Ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF FUNDS TO REMOVE THE HOUSE AT 1497 BRANDYWiNE, CLEAR THE SITE AND TEMPORARILY LANDSCAPE THE SITE WITH A HYDROSEED PLANTING AND IRRIGATION SCHEME UNTIL SUCH TIME AS GRANT MONIES ARE OBTAiNED TO CREATE A PERMANENT LANDSCAPE IMPROVEMENT TO THIS CORNER SITE (4/STHS VOTE REQUIRED) The future Olympic Parkway is currently under construction. To accommodate a right- turn lane and public right-of-way onto Brandywine, the City previously purchased the property at 1497 Brandywine. The construction of the right-turn lane is imminent, necessitating the removal of this house. The City has identified a potential purchaser for the house. Once the house structure has been removed, the concrete slab foundation will need to be removed and temporary planting established. The objective of the temporary planting is to prevent soil erosion and give the site a neat appearance, until such time as permanent landscape improvements can be installed. (Deputy City Manager Palmer/Director of Public Works) Staff recommendation: Council adopt the Resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZiNG THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO. PE-483 FOR CONSTRUCTION OF THREE MONUMENT SIGNS PROPOSED FOR THE RANCHO DEL REY BUSiNESS CENTER WITHiN CITY-OWNED OPEN SPACE PARCELS ALONG EAST H STREET, ONE SIGN FOR EACH STREET ENTRANCE LOCATED AT PASEO DEL REY, AVILA WAY AND TIERRA DEL REY C. W. Clark, Inc., is proposing to construct three monument signs for the Rancho Del Rey Business Center within City-owned open space parcels along East H Street, one sign for each street entrance located at Pasco Del Rey, Avila Way and Tierra Del Rey. According to Section 12.28 of the Municipal Code, any permanent structures built within public open space parcels, such as permanent monument signs, require Council approval, utilizing the encroachment permit process. (Director of Public Works) Staff recommendation: Council adopt the Resolution. Page 2 - Council Agenda 07/25/2000 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MODIFICATION OF TRAFFIC SIGNAL SYSTEMS AT HILLTOP DRIVE/J STREET, THIRD AVENUE/J STREET AND FiFTH AVENUE/H STREET (TF234) TO T & M ELECTRIC (DBA PERRY ELECTRIC), AND APPROPRIATING $55,000.00 FROM THE UNENCUMBERED BALANCE OF THE TRAFFIC SIGNAL FUND THEREFOR (4/5THS VOTE REQUIRED) On June 21, 2000, the Director of Public Works received sealed bids from six electrical contractors for traffic signal modifications at Hilltop Drive/J Street, Third Avenue/J Street and Fifth Avenue/II Street (TF234). T & M Electric submitted the low bid of $191,280.00. Additional funds need to be appropriated in order to complete the project. (Director of Public Works) Staff recommendation: Council adopt the Resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING CONTRACT TO TRASIG CORP. FOR THE INSTALLATION OF INTERNALLY ILLUMINATED STREET NAME SIGNS AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (CIP TF-279, FY 99/00) On June 29, 2000, the Director of Public Words received two sealed bids for the installation of internally illuminated street name signs at various locations in the City (CIP TF-279, FY 99/00). A low bid of $54,100.00 was received from Trasig Corp. However, three mathematical irregularities equaling $300 were found within the low bidder's proposal. These errors were insignificant since the additional $300 still placed the low bid submitted by Trasig Corp. $4,700 below the second low bidder's proposal of $59,100. (Director of Public Works) Staffrecommendation: Council adopt the Resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATiFYING THE ACTIONS OF THE DIRECTOR OF PUBLIC WORKS IN APPROVING A CHANGE ORDER FOR THE INSTALLATION OF ADDITIONAL TRAFFIC SIGNAL LOOPS AS PART OF THE FISCAL YEAR 1998/1999 TRAFFIC SIGNAL DETECTOR LOOP REPLACEMENT PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (CIF TF-260) On November 24, 1999, the Director of Public Works received sealed bids from five electrical contractors for the Fiscal Year 1998/1999 Traffic Signal Detector Loop Replacement program at various locations in the City. DBX, Inc. submitted a low bid of $32,917.00. The low bidder submitted exceptional bid prices, which were lower than the second lowest bidder's prices by 28%. Furthermore, the lowest bidder verbally agreed to extend the contract unit prices to install additional loops, including loops that are scheduled to be replaced as part of a future Fiscal Year 2000/2001 Traffic Signal Detector Loop Replacement program project (TF-273). As a result of the additional installation, however, the current funds for the loop replacement project (TF-260) are insufficient to cover the work performed to date. (Director of Public Works) Staff recommendation: Council adopt the Resolution. Page 3 - Council Agenda 07/25/2000 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO LEKOS ELECTRIC FOR TRAFFIC SIGNAL iNSTALLATION AT THE iNTERSECTION OF EAST H STREET AND EASTLAKE DRIVE IN THE CITY OF CHULA VISTA (CIP TF262) On July 5, 2000, the Director of Public Works received sealed bids from four electrical contractors for traffic signal installation at the intersection of East H Street and Eastlake Drive (CIP TF262). Lekos Electric submitted the low bid of $86,670.00. (Director of Public Works) Staff recommendation: Council adopt the Resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG BIDS, WAIViNG iNCONSEQUENTIAL BID DEVIATION, AND AWARDING CONTRACT FOR THE MTDB RIGHT-OF-WAY BEAUTIFICATION, PHASE 1 PROJECT (LD-106) TO SHIVA CONSTRUCTION, 1NC. iN THE AMOUNT OF $286,447.34, AND AWARDING ALTERNATE-A BID TO SHIVA CONSTRUCTION, INC. IN THE AMOUNT OF $91,141.50, AND APPROPRIATiNG $454,000 TO THIS PROJECT BASED ON TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) FUNDS AND BILLBOARD FUNDS TO BE RECEIVED FROM THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (4/STHS VOTE REQUIRED) On June 14, 2000, the Director of Public Works received sealed bids for phase 1 of the Metropolitan Transit Development Board's (MTDB) fight-of-way beautification project. The work consists of planting and irrigation within segments of the four-mile MTDB fight-of-way corridor. The work also includes all labor, material, equipment, transportation and traffic control necessary for the project. (Director of Public Works) Staffrecommendation: Council adopt the Resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA, OTAY WATER DISTRICT, AND AULD GOFF COURSE SAN DIEGO, LLC FOR DEFERRAL OF TRANSPORTATION IMPACT FEES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Otay Water District owns 240 acres north of Pacific Bay Homes in eastern Chula Vista. It has leased a portion of its property to Auld Goff Course San Diego to construct and operate an 18-hole golf course. Since it will be a privately operated facility open to the public, it is subject to development impact fees. The agreement will provide: 1) an initial amount owed for the fees, 2) the ability to pay the fees over a ten-year period, and 3) a procedure to restudy the traffic after the facility is in operation for three years and to adjust the fee for actual traffic generation of the facility. (Director of Public Works) Staff recommendation: Council adopt the Resolution. Page 4 - Council Agenda 07/25/2000 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF $251,737 FROM VEHICLE REPLACEMENT FUNDS AND AN APPROPRIATION OF $107,888 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO PURCHASE FIRE APPARATUS EQUIPMENT, AND AWARDING A PURCHASE AGREEMENT TO P1ERCE MANUFACTURING/SOUTH COAST FIRE EQUIPMENT, INC. FOR ONE TRIPLE COMBINATION PUMPER IN THE AMOUNT OF $308,655.27 (4/5THS VOTE REQUIRED) The Public Facilities Development Impact fee provides for the purchase of a fire apparatus pump and tank combination and the related equipment for that unit. Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Pumhasing Agent to participate in cooperative arrangements with other governmental agencies for the purchase of materials of common usage. Accordingly, the City has the right to take advantage of a current City of E1 Segundo bid from Pierce Manufacturing/South Coast Fire Equipment. (Fire Chief) Staff recommendation: Council adopt the Resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 12. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE pARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT TAX BILL FOR COLLECTION In order to adequately protect the City's interest in delinquent sewer service charges and insure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. This is the identical process approved by Council in August and November 1998, and April and August 1999. (Deputy City Manager Powell) Staff recommendation: Council conduct the public hearing and adopt the following Resolution: Page 5 - Council Agenda 07/25/2000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION 13. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NO. 10 Based upon the advice of the City Attorney, agenda items 13 and 14 have been separated from agenda item 15 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this District. Council should note that agenda item 15 gives all background information and details on Open Space Districts in general which is applicable to this item, but does not include specific information on Open Space District No. 10. (Director of Public Works) Staff recommendation: Council conduct the public hearing, authorize staff to determine assessments for Fiscal Year 2001/2002, and adopt the following Resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAiNTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR OPEN SPACE DISTRICT NO. 10 14. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NO. 14 Based upon the advice of the City Attorney, agenda items 13 and 14 have been separated from agenda item 15 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this District. Council should note that agenda item 15 gives all background information and details on Open Space Districts in general which is applicable to this item, but does not include specific information on Open Space District No. 14. (Director of Public Works) Staff recommendation: Council conduct the public hearing, authorize staff to determine assessments for Fiscal Year 2001/2002, and adopt the following Resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2000/2001 OPEN SPACE DISTRICT NO. 14 Page 6 - Council Agenda 07/25/2000 15. CONSDERATION OF TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD, TOWN CENTRE AND EASTLAKE MAINTENANCE DISTRICT NO. 1 The City administers 25 Open Space Districts established over the last twenty-five years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for proposed open space maintenance. Tonight's action continues the process for Fiscal Year 2000/2001. In accordance with Chun Vista Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments in Open Space Districts. On May 23, 2000, Council approved the reports and set two public hearings as required by law, the first of which was on June 20, 2000, and the second of which is tonight, to take testimony on the proposed assessments. The agenda statement includes information related to the above districts and general information related to Open Space Districts No. 10 and No. 14. (Director of Public Works) Staff recommendation: Council conduct the public hearing, authorize staff to determine assessments for Fiscal Year 2001/2002, and adopt the following Resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 2000/2001 OPEN SPACE DISTRICTS 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD, TOWN CENTRE AND EASTLAKE MAINTENANCE DISTRICT NO. 1 16. CONSIDERATION OF APPROVAL OF CONDITIONAL USE PERMIT PCC 00-33, A PROPOSAL TO ALLOW FOR A 40-FOOT HIGH "MONOPALM" AT 740 HILLTOP DRIVE NexTel Communications is requesting permission to install, operate, and maintain an unmanned cellular communication facility at 740 Hilltop Drive (Hilltop Baptist Church). The monopole will consist of a fanx palm tree design, complete with a round trunk and "pineapple" core below the plastic palm fronds mounted on the top of the pole. There will be three antenna arms with an array of four antennas each, for a total of twelve panel antennas mounted on the monopalm, with a 200-square-foot equipment building located below. Two new real palm trees will surround the monopalm, and new shrubbery will screen the equipment building. The Environmental Review Coordinator has concluded that this project is a Class 3(c) categorical exemption from environmental review (CEQA Section 15303 (c) - new construction of small structures). (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following Resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING CONDITIONAL USE PERMIT PCC 00-33 TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY LOCATED AT 740 HILLTOP DRIVE 07/25/2000 Page 7 - Cotmcil Agenda BOARD AND COMMISSION RECOMMENDATION 17. REPORT FORWARDiNG RECOMMENDATIONS FOR CHARTER AMENDMENTS The Charter Review Commission has been meeting to discuss various amendments to the Charter to be placed on the November 7, 2000 ballot. At its May 15, 2000 meeting, the Commission unanimously approved the endorsement of a proposition expanding the qualifications for membership on boards and commissions to permit the appointment of non-residents under certain limited circumstances. At its June 5, 2000 meeting, the Commission voted 6-0-1 to forward to Council for its consideration, the concept of repealing term limits for the offices of the Mayor and Council. At its July 17, 2000 meeting, the Commission heard public testimony on the issue, but adjourned without taking further action. (Chairperson, Charter Review Commission) Commission recommendation: Council accept the report and place on the November 7, 2000 ballot a Charter amendment measure to modify Charter section 602 to permit the appointment of non-residents, under certain circumstance, to boards and commissions; and a measure to repeal the term limits provision of Charter section 300. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 18. CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTING BIDS, REJECTiNG BID OF SIERRA ELECTRIC AS NON-RESPONSIVE, AND AWARDING CONTRACT TO LEKOS ELECTRIC FOR THE TRAFFIC SIGNAL iNSTALLATION AT THE iNTERSECTION OF GREENSGATE DRIVE AND EASTLAKE PARKWAY On July 5, 2000, the Director of Public Works received sealed bids from four electrical contractors for the installation of a traffic signal at the intersection of Greensgate Drive with Eastlake Parkway (CIP TF265). Sierra Electric submitted the low bid of $78,946, however, after examining all bids, Sierra Electric's bid was considered to be non- responsive due to mathematical irregularities in the bid proposal. Lekos Electric submitted the second low bid of $80,372. (Director of Public Works) Staffrecommendation: Council adopt the following Resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG BIDS, REJECTING BID OF SIERRA ELECTRIC AS NON- RESPONSIVE AND AWARDiNG CONTRACT TO LEKOS ELECTRIC FOR TRAFFIC SIGNAL iNSTALLATION AT THE INTERSECTION OF GREENSGATE DRIVE AND EASTLAKE PARKWAY (CIP TF265) Page 8 - Council Agenda 07/25/2000 19. CONSDERATION OF ADOPTION OF RESOLUTIONS APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II-VILLAGES 5 THROUGH 10); AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT, AND OTHER DOCUMENTS, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS On July 11, 2000, Council held the public hearing forming and establishing Community Facilities District No. 2000-1 (CFD 2000-1). The District was formed for the purpose of providing for the financing of the acquisition of certain authorized public facilities, including significant portions of the Sunbow II - Villages 5 through 10 improvements. Adoption of the Resolutions will approve the acquisition/finance agreement with ACI Sunbow, LLP, that establishes the procedure for acquiring the improvements from the developer, including allowing for the incremental acquisition of complete discreet components of a project, rather than requiring that the project be fully completed and accepted by the City prior to acquisition. In addition, Council will consider the authorization of the issuance of special tax bonds of CFD 2000-1 in the amount of $7,400,000 and the approval of the form of certain documents related to the issuance of the bonds, including a Bond Indenture, Bond Purchase Contract and Preliminary Official Statement. (Director of Public Works) Staffrecommendation: Council adopt the following Resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II- VILLAGES 5 THROUGH 10) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND pURCHASE AGREEMENT, pRELIMINARY OFFICIAL STATEMENT, AND OTHER DOCUMENTS, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS ITEMS PULLED FROM THE CONSENT CALENDAR OTItER BUSINESS 20. CITY MANAGER'S REPORTS A. Scheduling of meetings. 07/25/2000 Page 9 - Council Agenda 21. MAYOR'S REPORTS A. Ratification of appointment to the Economic Development Commission - Joarme Clayton (nominated by Chula Vista Chamber of Commerce). B. Consideration of designation of a voting Delegate and Alternate for the Annual League of California Cities conference to be held in Anaheim, September 7 through September 9, 2000. 22. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of August 1, 2000, at 4:00 p.m. in the Council Chambers. Page 10 - Council Agenda 07/25/2000 ORDINANCE NO. .~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C~ VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE B~Ox~{~ ~i~ COMMUNITY FACILITIES DISTRICT NO. 2000-1 (S.~ .l~__~! - VILLAGES 5 THROUGH 10) AUTHORIZING THE LF~¥,~I~I~lZ A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT~'o~'''a- WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in a community facilities district, all as authorized pursuant to the temls and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10). The City Council of the City of Chun Vista, California, acting as the legislative body of Conxrnunity Facilities District No. 2000-1 (Sunbow II - Villages 5 through 10), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes pursuant to the Rate and Method of Apportionment of Special Taxes as set fortt~ in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or furore tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot he collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied Dy the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Governmem Code Section 36933. Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on ,2000; Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the day of ,2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED AS TO FORM: ORDiNANCE NO. AN ORDINANCE OF TH~ CITY OF~~ VISTA ADDING SECTIONS 9_.~'~II~I~UGH 9.16.032 TO THE C_~HI~X~.v~ap.~ MUNICIPAL CODE RELATING~HE POSSESSION OF CLONAZEPAM The City Council of the City of Chula Vista does ordain as follows: SECTION I: Sections 9.16.027 through 9.16.032 are hereby added to Chapter 9.16 of the Chula Vista Municipal Code to read as follows: 9.16.027 Purpose. The City Council for the City of Chula Vista finds and declares the following: a. In addition to its legal uses, adults and juveniles are abusing clonazepam to become intoxicated and/or to facilitate sexual assault. b. There are reports ofclonazepam being used to facilitate sexual assault. c. There is a current and immediate threat to the public safety and welfare, in that the use ofclonazepam by juveniles is increasing at an alarming rate in the City due to its easy access, low price and powerful effect. d. Currently there is no law that prohibits mere possession of clonazepam without a valid prescription in that the passage Health and Safety Code section 11375 (Possession for Sale or Sale of Designated Controlled Substances) during the 1984 Legislative Session had the unintended legal effect of making simple possession of several substances including clonazepam legal. 9.16.028 Definitions. For the purposes of this section, the below terms are defined as follows: a. "Clonazepam" means any drug, substance or compound, whether legal or illegal, that contains clonazepam as described in California Health and Safety Code section 1 I057(d)(6). /// 1 9.16.029 Possession without valid prescription prohibited. Except as authorized by law and as otherwise provided in subdivision (b) or Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, it is unlawful for any person to possess clonazepam or any substance that contains clonazepam without a valid prescription. 9.16.030 Enforcement Procedure. The City Attorney and the Chief of Police are authorized to administer and enforce the provisions of this section. 9.16.031 Penalties. Violations of Section 9.16.029 shall be punished in accordance with Chapter 1~20 of the Chula Vista Municipal Code. 9.16.032 Strict Liability Offense. Violations of this section shall be treated as a strict liability offense regardless of intent. SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth (30th) day after its adoption by the City Council. RICHARD V. EMERSON J~0~I~ M. KAI~- Chief of Police City Attorney 2 CITY COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 7/25/00 ITEM TITLE: Resolution Approving the appropriation of funds to remove the house at 1497 Brandywine, clear the site and temporarily landscape the site with a hydroseed planting and irrigation scheme until such time as grant monies are obtained to create a permanent landscape improvement to this comer site. SUBMITTED BY: Deputy City Manager Palmer~ ~ ~)~ Director of Public Works REVIEWED BY: David D Rowlands, Jr., City Manager (4/tbs Vote: Yes X No ) SUMMARY STATEMENT: ? ~ The future Olympic Parkway is currently under construction. To accommodate a right turn lane and public right of way on to Brandywine the City of Chula Vista previously purchased the property at 1497 Brandywine on the comer of Olympic Parkway and Brandywine. The construction of the right turn lane is imminent, necessitating the removal of the house at 1497 Brandywine. The City has identified a potential purchaser for the house, through the demolition company, who will be responsible for removing the house structure. Once the house structure has been removed, the concrete slab foundation will need to be removed and temporary planting established. The objective of thc temporary planting is to prevent soil erosion and give the site a tidy appearance, until such time as permanent landscape improvements can be installed. This report seeks to gain approval for allocation of funds to carry out this interim work. The proposed demolition is exempt pursuant to CEQA, Section 15031 Existing Facilities, Class 1 (L)(I). This exemption allows 'for the demolition and removal of individual small structures including one single-family residence. RECOMMENDATIONS: That the City Council appropriate $32,675 from the Transportation Development Impact Fee for the site demolition at 1497 Brandywine and interim landscape improvements to the site. BOARDS/COMMISSIONS RECOMMENDATIONS: None. DISCUSSION: Background. Grading and Improvement plans for the first phase of Olympic Parkway, Brandywine to Pasco Ranchero, have been approved and are now under construction. The City of Chula Vista purchased the property at 1497 Brandywine to accommodate a right turn lane, and the public H:\SHARED\PLANNING\Maryr\comer site report 4.doc ~.~ / Page 2, Item No.: Meeting Date: 7/25/00 fight of way, at the comer of Olympic Parkway and Brandywine. The existing house on this property conflicts with the right of way (R.O.W) for the fight turn lane. This necessitates the removal of the house and associated site demolition. Public Works staff have identified a potential purchaser for the house structure, through the demolition company, who will be responsible for relocating it to another site. The remaining demolition of the house slab, pool, etc., will cost $8000. ($9525 if the house purchase does not occur and the house has to be removed as well.) Parks and Recreation staff estimates the cost of the temporary irrigation and planting work to be $23,150. The maximum total cost of the house demolition and the temporary landscape scheme is $32.,675. The actual cost may be slightly less if the house structure is removed by a purchaser. Maintenance implications. Although the temporary landscape will be a Iow maintenance seed mix it will require some maintenance. Public Works staff estimate an annual maintenance cost of $2000. Because the site is located outside the Sunbow Maintenance District the cost of this maintenance would have to be met by the General Fund. Long term treatment. The long term treatment of this site will be to create an entry statement to the Olympic Parkway corridor and implement permanent landscape and irrigation. The long term plan proposes that the regional trail commence from this location and informational signage be erected. The informational signage will provide information about the existing habitat and habitat restoration that may be seen along the route of Olympic Parkway. An entry feature could contain symbols of the Olympic movement as landmarks along the route to the Olympic Training Center, as well as a palm tree grouping similar to the groupings planned along the length of Olympic Parkway. Staff are researching possible funding sources, such as grants, for the permanent development of this site. In the short term, the temPorary landscape treatment will allow the fight turn lane to be constructed and leave the site in an acceptable condition with minimal maintenance costs. FISCAL IMPACT: The estimate below breaks the cost into the component parts of work associated with demolition and work associated with irrigation and landscape. Demolition Cost Landscape Cost Total cost Demolition of house and slab etc. Planting and irrigation system. (No purchaser) $9525 $23,150 $32,675 The total funds to be appropriated for this project work are $32,675. Maintenance of this temporary landscape will be minimal and is estimated to cost $2000 per year. H:\SHARED\PLANNING\Maryr\comer site report 4.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF FUNDS TO REMOVE THE HOUSE AT 1497 BP~ANDYWINE, CLEAR THE SITE AND TEMPOR3%RILY LANDSCAPE THE SITE WITH A HYDROSEED PLANTING AND IRRIGATION SCHEME UNTIL SUCH TIME AS GRANT MONIES ARE OBTAINED TO CREATE A PERMANENT LANDSCAPE IMPROVEMENT TO THIS CORNER SITE WHEREAS, the future Olympic Parkway is currently under construction; and WHEREAS, to accommodate a right turn lane and public right of way on to Brandywine, the City of Chula Vista previously purchased the property at 1497 Brandywine on the corner of Olympic Parkway and Brandywine; and WHEREAS, the construction of the right turn lane is imminent, necessitating the removal of the house at 1497 Brandywine; and WHEREAS, the City has identified a potential purchaser for the house, through the demolition company, who will be responsible for removing the house structure; and WHEREAS, once the house structure has been removed, the concrete slab foundation will need to be removed and temporary planting established; and WHEREAS, the objective of the temporary planting is to prevent soil erosion and give the site a tidy appearance, until such time as permanent landscape improvements can be installed; and WHEREAS, the proposed demolition is exempt pursuant to CEQA, Section 15031 Existing Facilities, Class 1 (L) (1) which allows for the demolition and removal of individual small structures including one single family residence. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the appropriation of $32,675 from the Transportation Development Impact Fee to remove the house at 1497 Brandywine, clear the site and temporarily landscape the site with a hydroseed planting and irrigation scheme until such time as grant monies are obtained to create a permanent landscape improvement to this corner site. Presented by Approved as to form by David Palmer John~M. Kaheny u Deputy City Manager City Attorney COUNCIL AGENDA STATEMENT Item ~/f Meeting Date 07/25/00 ITEM TITLE: Resolution Authorizing the City Engineer to issue Encroachment Permit No. PE-483 for construction of three monument signs proposed for the Rancho Del Rey Business Center within City owned Open Space Parcels along East H Street, one sign for each street entrance located at Paseo Del Rey, Avila Way and Tierra Del Rey. SUBMITTED BY: DirectorofPubllcWorks~ REVIEWED BY: City Manager ~ ~/ t'~ (4/5ths Vote: Yes No X ) C. W. Clark, 1NC., is proposing to construct three monument signs for the Rancho Del Rey Business Center within City owned Open Space Parcels along East H Street, one sign for each street entrance located at Paseo Del Rey, Avila Way and Tierra Del Rey (Exhibit "A"). According to Section 12.28 of the Municipal Code, any permanent structures built within public open space parcels, such as permanent monument signs, require City Council approval utilizing the encroachment permit process. RECOMMENDATION: That Council approve the subject resolution authorizing the City Engineer to issue Encroachment Permit No. PE-483 for construction of three monument signs proposed for the Rancho Del Rey Business Center within City owned Open Space Parcels along East H Street, one sign for each street entrance located at Pasco Del Rey, Avila Way and Tierra Del Rey. and direct the City Clerk to record said permit. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Entrance monuments and walls for subdivisions and businesses are commonly placed within street right-of-way, City owned open space land or easements. In each case, staff has reviewed detailed plans showing locations and elevations of the proposed entry monuments or walls to insure that they do not create traffic hazards with respect to sight distance restrictions. On April 18, 2000, staff received a copy of a letter from C. W. Clark, Inc. on behalf of the owners, Pasco Comers, Ltd., a California Limited Partnership, Standard insurance Company and Tierra Comers, LLC. a California Limited Liability Company, requesting an Encroachment Permit for the three proposed monument signs (Exhibit B). Page 2, Item Meeting Date 07/25/00 On November 1, 1999 the Design Review Committee approved an application for placing the three monument signs in the Open Space lots along East "Il" Street and on January 18, 2000, City Council approved an amendment to the Rancho Del Rey SPA Design Guidelines allowing for the placement of these signs per Resolution No. PCM-00-06. This encroachment permit includes an indemnity clause holding the City, its agents and employees harmless from damages resulting fi.om the construction and maintenance of the entry monuments belonging to Pasco Comers, Ltd., a California Limited Partnership, Standard insurance Company and Tierra Comers, LLC. a Califomia Limited Liability Company. This encroachment permit also includes the standard maintenance, removal and hold-harmless clauses and it will protect the City fi.om maintenance problems and liability for damages and/or bodily injuries arising fi.om the performance of the work connected with the monument signs. It has been past practice to require a bond for the purpose of future removal and restoration for permanent encroachments of this nature. However, staffdetermined that due to the nature and permanency of these monument signs, a removal and restoration bond would not be needed. Two of the monument signs (sign 2A at Pasco Del Rey and sign 5A at Tierra Del Rey) will be connected to existing electrical meter boxes serving the adjacent Open Space lot irrigation systems and the third sign ( sign 3A at Avila Way) will connect to a new or existing private electrical meter box. It has been estimated that it will cost approximately $400 per year to power the two signs connected to the Open Space meters. This is somewhat insignificant compared to the overall annual maintenance budget of over $60,000 for this Open Space zone. The primary property owners that pay Open Space fees for this zone are the ones encompassing the Rancho Del Rey Business Center, who are also the owners of the proposed monument signs. In essence, the business center owners will be paying for the increased electrical costs due to the two signs through their Open Space fees. Another reason to allow for the connection to the Open Space meters is to reduce the amount of disturbance to the existing landscaping that would otherwise be necessary if new meters for each of the signs were required. FISCAL IMPACT: C. W. Clark, Inc. has paid a $250.00 application fee for processing the Encroachment permit. The approximate annual electricity costs of $400 for two of the signs will be absorbed in the overall open space fees associated with the local zone. Attachments: Exhibit "A" - Locator plat Exhibit "B" - Letter from C. W. Clark, Inc. Exhibit "C" - Encroachment Permit PE-483 H:IHOMEIENGINEERtAGENDAIPE483.$LY EXHIBIT"B' 4180 LA JOLLA VILLAGE DRIVE, SUITF 40S C.W. Clar , nc.l E JoL .oA920sT-,.72 TEL. (858) 452-8532 FAX. (858) 453-7260 COMMERCIAL REAL ESTATE SERVICES E-mail: cwclarkinc@aol.corn April 17, 2000 Office of the City Engineer Permits Section CITY OF CHULA VISTA Post Office Box 1087 Chula Vista, California 91912 Re: Encroachrnent Permit Application : n ,- Rancho Del Rey Business Center, Chula Vista, California Dear City Engineer: This letter is in support of the request for an encroachment permit along East "H" Street ht the Rancho Del Re)' Business Center. At the request of the City of Chula Vista, our office has worked with the City for the past year to develop a Master Signage program for the retail tenants at the Rancho Del Rey Business Center. An amendment to the SPA Amendment for the project allowing the placement of three (3) Monument Signs along East "H" Street was approved by the City of Chula Vista City Council on January 18, 2000. Each of the Monument Signs will be placed in three different locations within the open space areas along East "H" Street. 1. The information requested in the letter application is set forth below for each of the three (3) sign locations £aseo Del Re)' & East _~ ~ treet: A. The proposed encroachment is for the placement of a Monument Sign for the retail tenants at Rancho Del Rey Business Center. The first Monument Sign will be on the NEC of Paseo Del Rey and East "H' Street. The Monument Sign at this location will be 8' 6" wide and 9' high. The Monument Sign will be placed perpendicular to Eas H Street ~n the open space. B. It is necessary to encroach into the Open Space Easement so that the Monument Sign will be placed at a location that will allow easy readability from the vehicular traffic on East "H" Street from both east and west moving traffic. The ease of readability will assist in ensuring traffic safety in the area. C. The estimated cost to install the Monument Sign at this location is $4,306.25. The electrical installation for the Monumeni Sign will be approximately $1,028.41. There will be an additional cost of approximately $2,350 to PROPERTY MANAGEMENT LEASING DEVELOPMENT / CONSULTING · The i~lormation contained herein has eitt~er been given to us by the owner of the p operi~ o obla ned from sou ce$ that we deem r e~iable We have no reason to doubt its sccu acy but we do not Office of the Cib' Engineer April 17. 2000 Page 2 demolition the existing monument wall and $4,351.80 to renovate the existing landscaping and irrigation around this Monument Sign. D. The title report for the property is enclosed. E. The owner's mailing address and phone number for the property at Pasco Del Re), and East "H" Street is: Pasco Corners, Ltd., a California Limited Partnership C/O Craig W. Clark, General Partner C.W. Clark, Inc. 4180 La Jolla Village Drive, Suite 405 La Jolla, California 92037 858.452.7170 Avila Way & East "H" Street: A. The proposed encroachment is for the placement of a Monument Sign for the retail tenants at the Rancho Del Rey Business Center on the NEC of Avila Wa3, and East "H" Street. This Monument Sign will be 8' 6" wide and 9' high. The Monument Sign will be placed perpendicular to East "H" Street in the open space. B. It is necessary to encroach into the Open Space Easement so that the Monument Sign will be are placed at a location that will allow easy readability from the vehicular traffic on East "H" Street from both east and west moving traffic. The ease of readability will assist in ensuring traffic safety in the area. C. The estimated cost to install the Monument Sign at this location is $4,306.25. The electrical installation for the Monument Sign will be approximately $I,028.41. There will be an additional cost of $2~.51. 4.__52 t_o renovate the existing landscaping and irrigation around this Monument Sign. D. The grant deed for this property is enclosed. E. The owner's mailing address and phone number for the property at Avila Way and East "H" Street is: Standard Insurance Company Post Office Box 711 Portland, Oregon 97207-0711 503.321.7000 Tierra Del Rey & East "H" Street: A. The proposed encroachment is for the placement of a Monument Sign for the retail tenants at the Rancho Del Rey Business Center on the NEC of Tierra Del 0 /Chula Vista - Rancho DeI Rey\Signagc\Encroacbmem Permit Lener doc ~ / 1*'~ C]N. Clark Office of the City Engineer April 17, 2000 Page 3 Rey and East "H" Street. The Monument Sign will be 8' 6" wide and 9' 9" high. The Monument Sign will be placed perpendicular to East "H" Street in the open space. B. It is necessary to encroach into the Open Space Easement so that the Monument Sign will be placed at a location that will allow easy readability from the vehicular traffic on East "H" Street from both east and west moving traffic. The ease of readability will assist in ensuring traffic safety in the area. C. The estimated cost to install the Monument Sign at this location is $4,306.25. The electrical installation for the Monument Sign will be approximately $1,028.41. There will be an additional cost of approximately $1,000 to demolition the existing monument wall and $4~4~44_9.ff_0 to renovate the existing landscaping and irrigation around this Monument Sign. D. The title report for this property is enclosed. E. The owner's mailing address and phone number for the property at Tierra Del Rey and East "H" Street is: Tierra Comers, LLC, A California Limited Liability Company C/O Craig W. Clark, Managing Member C,W. Clark, Inc. 4180 La Jolla Village Drive, Suite 405 La Jolla, California 92037 858.452.7170 2. The sketch of the work to be done as it related to the street right of way line, curb line. parkway, etc. is enclosed herewith. 3. The application fee of $250 is enclosed. Thank you for your attention to this matter. Please let me know if you have any questions. Best Regards, C.W. CLARK, INC. ~m~erly I. Cary~ As~stant to the P~esident Enclosures O;\Chula Vista - Rancho Del Rev\Signage\Encroachment Permil Letter doc ;/ /? ~ CW. Clark Recording req.e~ted b~ ~nd piece ret~r~ City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 [ X ] This document benefits pertnittee. Recording fee required. ~ (This space for Recorder's use, only) Affects Assessor's Parcel No(s) 640-292-41. C.V. File No. 0710-40-PE-483 640-292-42. & 640-293-13 AUTHORIZATION FOR ENCROACHMENT ON CITY PROPERTY Permit No. PE-483 Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula Vista (hereinafter "City") to: PASEO CORNERS, LTD.. A CALII~ORNIA LIMITED PARTNERSHIP. STANDARD INSURANCE COMPANY. TIERRA CORNERS. LLC. A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter "Permittce") whose mailing address is 4180 La Jolla Village Drive, Suite 405 La Jolla, CA 92037-1472, to do work within a portion of Open Space Land belonging to the City of Chula Vista subject to the terms and conditions contained in this permit ("Permit"). 1. City Property City's property ("City Property") affected by this permit is described a~ follows: Lot V and Lot W of Chula Vista Tract No. 93-01, Rancho Del Rey Commercial Center East, according to Map No. 13032, filed in the office of the County Recorder of San Diego County, June 4, 1993, and Lot D of Chula Vista Tract No. 88-2, Rancho del Rey Business Center, according to Map No. 12267, filed in the office of the County Recorder of San Diego County, November 30, 1988 all in the City of Chula Vista, County of San Diego, State of California. 2. Benefitted Property The property benefitting from the grant of this permit is the Rancho Del Rey Business Center and is described as follows: LEGAL DESCRIPTION: Being all lots of Chula Vista Tract No. 93-01, Rancho Del Rey Commercial Center East, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 13032 filed in the office of the San Diego County Recorder's Office on June 4, 1993 and all lots of Chula Vista Tract No. 88-02, Rancho Del Rey Commercial Center, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 12267 filed in the office of the San Diego County Recorder's Office on November 30, 1988. Page ADDRESS: 885 East H Street, Chula Vista 3. Permitted Encroachment Permittee has requested this Permit with respect to City Property for the following purpose (" Encroachment"): Installation and maintenance of three Monument si~onn: one at the Pasco Del and East H Street Intersection (Monument sign 2A), one at Avila Way and East H Street Intersection (Monument sign 3A), and one at Tierra Del Rey and East H Street Intersection (Monument sign 5A) all wJthln the City Open Space Lots in a form and at a location approved by City, all as shown on Exhibi~ A attached hereto and incorporated herein by this reference. 4. Grant of Permit Permission is hereby granted to Permittee by City to install the above-mentioned Encroachment on the City Property at the location specified in accordance with the following terms and conditions: a. The Encroachment shall be installed and maintained in a safe and sanitary manner by Permirtee as determined by City. b. Signs installation must follow resolution No. PCM-00-06 approved by City Council amending the Rancho Del Rey Sectional Planning Area (SPA) Design guidelines. c. All existing irrigation and lighting systems must remain operational at all times. There will be no "down time" allowed for these existing systems. d. Any damage to existing irrigation and lighting systems must be repaired immediately and all existing irrigation and lighting systems must be operational before 3:00 PM daily. Repairs are to match existing material. e. All existing irrigation and lighting systems must be marked out, and located before any work begins. This is to be done by the contractor to which the job is awarded. The City will assist in providing plans only. Note: plans are usually diagrammatic, especially on the electrical wiring. A new, separate breaker, and new wire, must be pulled from the electric meter to the new signs at Pasco Del Rey and at Tierra Del Rey when they are connected to existing City of Chula Vista Open Space electrical meters and the third sign at Avila Way will be connected to a new or existing private electrical meter box. These signs must also have their own timer or photocell, and must be able to be serviced independently of the existing lighting and irrigation systems. g. The existing irrigation and lighting systems must be reconfigured after the new signs are installed so they will function properly (no water on the new signs, but all plant material will have full and proper coverage from irrigation systems. h. The pull box below the existing controllers for irrigation and lighting at the Pasco Del Rey Monument Sign 2A must remain undamaged in its existing location. Page2 ~ .. // I. The existing controllers for irrigation and lighting at the Pasco Del Rey Monument Sign 2A most be relocated and operational before any demolition work begins. The new enclosure must be: all spec, stainless steel, 18"WX12"DX36"H, Model # AS-18-SS, approximately $750.00, one week shipping time. Hydroscape products, Inc. , or similar supplier. j. Encroachment shall, in no way interfere with the maintenance of street trees or operation of any existing utility, including but not limited to water meters, CATV and telephone pedestals, public storm drain and sewer lines. Any costs arising from changes of or to any City property or facility due to the Encroachment shall be the sole responsibility of Permittee. k. Maintenance, removal or relocation of Encroachment shall be the sole responsibility of Permlttee, and/or Permittee's lessee, should there be any, at no expense to City. 1. Encroachment shall conform to all standards and specifications as stated in the Chula Vista Municipal Code. m. Permlttee is to call Underground Service Alert (One call mark-out service) at 1-800-422- 4133 a minimum of two working days prior to any excavation being done in the public right-of-way, including post holes or footing excavations. n. Permlttee shall apply an anti-graffiti material to the Encroachment of a type and nature that is acceptable to the Director of Public Works. o. Permittee shall immediately remove any graffiti from the Encroachment. p. If, after notice from the City, Permittee fails to immediately remove any graffiti, City shall have the right to remove graffiti or paint the Encroachment to cover over graffiti at Permittee's sole cost, including reimbursement for City staff time, at full cost recovery, and the cost of materials. q. Permittee shall not allow Encroachment to block the existing course of surface drainage to the extent that it may endanger the public or the properties surrounding Permittee's property or cause pounding of water. This permit is revocable by City upon thirty (30) days written notice to Permittee, and upon written notice, the installation must be removed or relocated, as and when specified by the City Engineer, at Permittee's cost. If Permittee fails to remove or relocate Encroachment as directed, City may cause such work to be done and the cost thereof shall be deducted from the cash bond as referenced in 4 (k) above. Permittee shall pay the difference between the total cost of removal or relocation and the total bond deposited. It is further agreed that if any part of Permittee's Encroachment or Permittee's rights under this Permit should interfere with the future use of the City's property as determined to be necessary by the City in its sole discretion, in the interests of public health, Safety or welfare, upon City's request, the encroachment must be removed or relocated at Permittee's expense and Permittee's rights hereunder shall terminate. Permittee shall defend, indenmify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Permittee, or any agent or employee, subcon- tractors, or others (including third parties) in connection with the installation or maintenance of the Encroachment, except only for those claims arising from the sole negligence or sole willful misconduct of Page 3 | · IT the City, its officers, or employees. Permittee's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Permittee's indemnification of City shall not be limited by any prior or subsequent declaration by the Permittee. Permittee shall acquire and maintain in effect comprehensive general liability insurance in a form and in coverage amounts approved by the City's Risk Manager. Insurance shall be issued by an California admitted carrier with a Best's rating of A-V or better. City shall be named an additional insured by appropriate endorsement. The undersigned Permittee hereby accepts this Permit upon the terms and conditions stated herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable provision of the Chula Vista Municipal Code. In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said dispute in his sole and unfettered discretion, reasonably applied. (End of page. Next page is signature page.) Page CITY OF CHULA VISTA: Permit approved by: Date: Clifford L. Swanson Deputy Public Works Director/City Engineer ( E~ty Clerk to attach acknowledgment) PERMITTEE: Signature: Date: Name: Paseo Corners, LTD Signature: Date: Name: Standard Insurance Company Signature: Date: Name: Tierra Corners, LLC (Notary to attach acknowledgment.) Approved as to form: City Attorney NOTE: Permittee is to submit a check or money order payable to County of San Diego equal to the total of $7.00 for the first page and $3, OO for each page thereafter, including notary acknowledgments for all signatories, including City Engineer's signature. ( Signature Page for C.V. File No. 0710-40-PE-483 ) H:\HOME\ENGINEER\PERMITSXPE483.BFS RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO. PE-483 FOR CONSTRUCTION OF THREE MONUMENT SIGNS PROPOSED FOR THE RANCHO DEL RAY BUSINESS CENTER WITHIN CITY OWNED OPEN SPACE PARCELS ALONG EAST H STREET, ONE SIGN FOR EACH STREET ENTRANCE LOCATED AT PASEO DEL REY, AVILA WAY AND TIERRA DEL REY WHEREAS, C. W. Clark, Inc. is proposing to construct three monument signs for the Rancho Del Rey Business Center within City owned Open Space Parcels along East H Street, one sign for each street entrance located at Paseo Del Rey, Avila Way and Tierra Del Rey; and WHEREAS, according to Chapter 12.28 of the Municipal Code, any encroachments within a public open space easement require City Council approval utilizing the encroachment permit process; and WHEREAS, granting of said encroachment will not interfere with or obstruct the overriding public use for which the rights of way have been dedicated. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the City Engineer to issue Encroachment Permit No. PE-483 for construction of three monument signs proposed for the Rancho Del Rey Business Center within City owned Open Space Parcels along East H Street, one sign for each street entrance located at Paseo Del Rey, Avila Way and Tierra Del Rey. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution and permit. Presented by Approved as to form by John P. Lippitt, Director of Jo~ M. Kahe~ City Attorney Public Works H:\home\attorney\reso\encroachment permit PE483 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 7/25/00 ITEM TITLE: Resolution Accepting bids and awarding contract for the modification of traffic signal systems at Hilltop Dr./J St., Third Ave./J St. and Fifth Ave/H St. (TF234) to T & M Electric (dba Perry Electric), and Appropriating $55,000.00 from the unencumbered balance of the Traffic Signal Fund therefor SUBMITTED BY: Director of Publi~ Works_~ REVIEWED BY: City Manager~'~)t'''/ b~' (4/5ths Vote: Yes X No__) On June 21, 2000, the Director of Public Works received sealed bids from six (6) electrical contractors for traffic signal modifications at Hilltop Dr./J St., Third Ave./J St. and Fifth Ave/H St. (TF234). T & M Electric submitted the low bid of $191,280.00. Additional funds need to be appropriated in order to complete the project. RECOMMENDATION: That Council: 1. Accept bids and award the contract for traffic signal modifications at Hilltop Dr./J St., Ttfird Ave./J St. and Fifth Ave/H St. (TF234) to T & M Electric, and 2. Appropriate $55,000 from the unencumbered balance of the Traffic Signal Fund therefore. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The approved CIP budget for the project is $227,500.00. This is a partially State funded project under the Congestion Mitigation and Air Quality (CMAQ) program. State funding is $130,000.00, which will be reimbursed to the City after completion of the project. The balance of the appropriated funds for the project ($97,500.00) come from the Traffic Signal Fund. There are currently insufficient funds for construction inspection and contract administration to complete the project; to move forward with award and construction, additional funds need to be appropriated. Staff will explore with SANDAG's Technical Committee (aka SANTEC) the possibility of obtaining additional CMAQ funds for the project. If staff is successful, the additional CMAQ funds obta'med will be reimbursed back to the City, after completion of the project. The project will upgrade the signals at Hilltop Dr./J St., Third Ave./J St. and Fifth Ave/H St. to install protective/permissive left-turn phasing, new traffic signal standards, conduit, wiring, loop Page 2, Item __ Meeting Date 7/25/00 detectors and other necessary equipment, traffic control and protection/restoration of existing improvements. Staffreceived the following six (6) bids from electrical contractors: Contractor Bid Amount 1. T & M Electric, dba Perry Electric $191,280.00 2. Lekos Electric. $198,040.00 3. DBX Inc. $200,020.00 4. Select Electric $207,200.00 5. Knox Electric $224,297.00 6. Sierra Electric $230,118.00 T & M Electric's bid was 18.7% higher than the engineer's cost estimate of $161,140.00. 'ghe engineer's cost estimate was obtained by using average unit prices from project bids over the last several years. The estimate did not take into account increases in costs charged to contractors by equipment suppliers that occurred last year. The total project cost is $282,500.00, which includes the bid amount of $191,280.00, $27,000.00 for design, $29,720.00 for inspection and administration, $14,500.00 for emergency vehicle preemption equipment (EVPE) and $20,000.00 for comingencies. Since current fimds available are insufficient to complete the project, an additional $55,000.00 needs to be appropriated from the unencumbered balance of the Traffic Signal Fund. Environmental Status The City's Environmental Review Coordinator has reviewed the work involved and determined that the project is exempt from CEQA under CEQA Guidelines, Section 15061 (b) (3) and Section 15303, Class 3 (new construction or conversion of small structures). D' 1 A copy of the Contractor's disclosure statement is included as Exhibit "A". Prevailing Wage Statement The sources of funding for this project are a CMAQ grant and the Traffic Signal Fund. Contractors bidding this project are required to bid based on paying prevailing wages to persons employed by them for the work under this contract. Page 3, Item __ Meeting Date 7/25/00 No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid for this project by sending the Notice to Contractors to various minority trade publications. Form of A~eement The contract will be let on the City's standard Public Works Contract form. The City Attorney will approve the final form of the contract. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $191,280.00 B. Design 27,000.00 C. Inspection & Administration 29,720.00 D. EVPE 14,500.00 E. Contingencies 20,000.00 TOTAL $282,500.00 FUNDS AVAILABLE FOR CONSTRUCTION Traffic Signal Fund (TF234) $ 97,500.00 CMAQ Grant (TF234) 130,000.00 Appropriation fzom Traffic Signal Fund (Fund 225) 55,000.00 TOTAL $282,500.00 After the project is completed, there will be $500.00 of additional annual costs for energy and maintenance. Attachments: Exhibit A - Contractor's Disclosure Statement SM: sm H:~HOME~ENGINEERU4GEND~41TF234~tlI3_73000. doc THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to fde a Statement of Disclosure of certain ownersMp or financial interests, payments, or campaign contributions, on ~11 matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract , e.g., owner, applicant, Contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the 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 tmstor of the trust. 4. Have you had more than $250 worth of business transacted with any ~mber of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes __ No~/___ 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 of~cers or agents.~.in the~gregate, con .ffibuted mqre than $1,000 to a Council member in the current or preceding elecuon period? Yes __ No 3L It yes, state which Counctl members(s): Signature of Contractor/Applic~''/ Print or type name of Contrdctor/Applicant 'rson is defined ~: "Any individual, firm. co-partnership, joint venture, association, social club, paternal organization, corporation, estate, trust, receiver, syndicate, this and other county, city or country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit. fltt£ StODEn'S tlx~c~rtoie Oi~ rH£ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MODIFICATION OF TRAFFIC SIGNAL SYSTEMS AT HILLTOP DRIVE/J STREET, THIRD AVENUE/J STREET AND FIFTH AVENUE/H STREET (TF234) TO T & M ELECTRIC (dba PERRY ELECTRIC), AND APPROPRIATING $55,000.00 FROM THE UNENCUMBERED BALANCE OF THE TRAFFIC SIGNAL ED-ND THEREFOR WHEREAS, on June 21, 2000, the Director of Public Works received the following six bids for traffic signal modifications at Hilltop Drive/J Street, Third Avenue/J Street and Fifth Avenue/H Street (TF234) : Contractor Bid Amount T & M Electric, dba Perry Electric $191,280.00 Lekos Electric $198,040.00 DBX Inc. $200,020.00 Select Electric $207,200.00 Knox Electric $224,297.00 Sierra Electric $230,118.00 WHEREAS, the low bid by T & M Electric was higher than the engineer's estimate of $161,140.00 by 18.7% and the work performed by T & M Electric has been satisfactory in the past; and; WHEREAS, the bid by T & M Electric has met all City requirements for the award of the contract as set forth in the bid documents; therefore, staff recommends awarding the contract to T & M Electric; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in the existing and future projects and determined that project is exempt from CEQA 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 the project is a CMAQ Grant and Traffic Signal Fund and contractors bidding this project 1 are not required to bid based on paying prevailing wages to persons employed by them for the work under this contract; and WHEREAS, no special minority or women owned business requirements were necessary as part of this bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various minority trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the bids and award the contract to T & M Electric (dba Perry Electric) in the amount of $191,280.00 for the modification of traffic signal systems at Hilltop Drive/J Street, Third Avenue/J Street and Fifth Avenue/H Street (TF 234). 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. BE IT FURTHER RESOLVED that the amount of $55,000 is hereby appropriated from the unencumbered balance of the Traffic Signal Fund therefor. Presented by Approved as to form by John P. Lippitt . Kaheny Director of Public Works C~y Attorney [H:\HOME~ATTORN EYIR~SO\ Traffic Signal systems bid (July 20, 2000 (10:56am)] 2 COUNCIL AGENDA STATEMENT Item ~9 Meeting Date: 7/25/2000 ITEM TITLE: Resolution Waiving irregularities, Accepting bids and awarding contract to Trasig Corp. for the "Installation of Internally Illuminated Street Name Signs at Various Locations in the City of Chula Vista." (CIP TF-279, FY99/00) / SUBMITTED BY: Director of Public Works 0~/ --{~ (4/5ths Vote: Yes X No ) REVIEWED BY: City Manager ~;r~ On June 29, 2000, the Director of Public Works received two (2) sealed bids for thc "Installation of Internally Illuminated Street Name Signs at Various Locations in the City of Cbula Vista." (C]P TF-279, FY 99/00). A low bid of $54,100.00 was received from Trasig Corp. However, three mathematical irregularities equaling to $300.00 were found within the low bidder's proposal. These errors were insignificant since the additional $300.00 still placed the low bid of $54,400.00, submitted by Trasig Corp., $4,700.00 below the second low bidder's proposal of $59,100.00. RECOMMENDATION: That Council approve the resolution to waive the irregularities, accept bids and award the contract to Tmsig Corp. for the "Installation of Internally Illuminated Street Name Signs at Various Locations in the City of Chula Vista." (CIP TF-279, FY 99/00) BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project is part of a five~year program. Beginning in the Fiscal Year 99/00, seven intersections are planned to have internally illuminated street name signs at a budgeted cost of $50,000.00. Thereafter, the budget for each consecutive year is $52,000.00 for the next four years. The total cost of the five-year program is $258,000.00. The number of intersections being equipped with internally illuminated street name signs will be determined on a year-by-year base. However, based on the cun'ent costs, it is anticipated that thirty (30) intersections will have internally illuminated street name signs at the end of the five-year program. Page 2, Item Meeting Date: 7/25/2000 On April 19, 2000, the Director of Public Works received sealed bids from two electrical contractors. Resolution 2000-515 was approved by Council to reject those bids, since both bids were considerably higher than the engineer's estimate. The project was re-advertised on May 26, 2000. On June 29, 2000, the Director of Public Works received two (2) sealed bids for the "Installation of Intemally llluminated Street Name Signs at Various Locations in the City of Chula Vista" (CIP TF-279, FY 99/00). A Iow bid of $54,100.00 was received from Trasig Corp. The second low bidder, T & M Electric, dba Perry Electric was $59,100.00. After reviewing each bid, three mathematical irregularities are detected within the bid proposal of the low bidder. The first irregularity occurs in the bid proposal total for intersection #6, at Second Avenue and "L" Street. The bidder's numerical proposal equals $8,050.00. The written proposal in words equals $8,550.00. Since the written words take precedence over numerical writing when discrepancies occur, the $8,550.00 is used as the bidder's proposal for intersection #6. The second irregularity is found in the proposal total for intersection #7, at Fourth Avenue and "G" Street. The bidder's numerical proposal equals $12,500.00. The written proposal in words equals $12,300.00. Again, since the written words take precedence over numerical writing when discrepancies occur, the $12,300.00 is used as the bidder's proposal for intersection #7. The third mathematical irregularity occurred in the grand total for all intersections within this project. Because of the two previous irregularities, the written total equals $54,100.00. Instead, it should have been $54,400.00. This is a difference of $300.00. When the difference is added to Trasig's bid proposal, the amount equals $54,400.00. The low bid submitted by Trasig Corp. of $54,400.00 is 22% higher than the engineer's cost estimate of $42,651.00. The engineer's cost estimate is obtained by using average unit prices from project bids over the last several years. The engineer's estimate does not take into account for recent increases in material costs charged to contractors by equipment suppliers. Because of these increases, the cost of c0mpleting projects is greater this year. Because of the material price increases, an additional $18,000.00 is needed to complete the project. $50,000.00 was appropriated for CI]? TF-279, FY 99/00. The total cost to complete the project is $68,000.00. The needed additional funds may be obtained from the FY 00/01 allocation for C1P TF-279, since the added expense is for the future extension of the existing project. The CIP TF-279 project for FY 00/01 will be reduced to offset this reduction in available funds. The available fund for CIP TF-279 FY 00/01 is currently $52,000.00 and will be reduced to $34,000.00. Environmental Status The City's Environmental Review Coordinator has reviewed the work involved in the existing and future projects and determined that the project is exempt for CEQA under CEQA Guidelines, Section 15061 (b) (3) and Section 15303, Class 3 (new construction or conversion of small structures). Page 3, Item Meeting Date: 7/25/2000 Disclosure Statement A copy of the Contractor's disclosure statement is enclosed as Exhibit A. Prevailing Wage Statement The source of funding for the project are the Gas Tax Fund and the Traffic Signal 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 for TF-279 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. FISCAL IMPACT: An additional $18,000.00 is required £or the completion o£ this project. The total cost for the project, "Installation of Internally Illuminated Street Name Signs at Various Locations in the City o£ Chula Vista" (C]~ TF-279, FY99/00), is $68,000.00, of which $50,000.00 has already been allocated for CIP TF-279 FY 99/00 and $18,000.00 is allocated £or C[P TF-279 FY 00/01. The fiscal impact of this project is: FUNDS REQUIRED FOR CONSTRUCTION A. Construction $54,400.00 B Administration, Design, and Inspection $8,000.00 C. Contingencies $5,600.00 TOTAL $68,000.00 Page 4, Item Meeting Date: 7/25/2000 Funds Available For Construction Gas Tax (CIP TF-279, FY 99/00) $19,500.00 Traffic Signal (CIP TF-279, FY 99/00) $30,500.00 Gas Tax (CIP TF-279, FY 00/01) $18,000.00 TOTAL $68,000.00 There is an additional electrical cost of $2,120.00 per year for the internally illuminated street name signs. Attachments: Exhibit A-Contractor's Disclosttre Statement Exhibit B-CIP Detail Sheet TF-279 FY 99/00, FY 00/01 H:Lhome\engineer~agenda~Rebid_TF279.doc T I · '[ ~ THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required m file a Smmment of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the ConE'act, e.g., owner, applicant, ConE'actor, subconn-actor, material supplier. Trasi~ Corporation 2. ~anypers~n*i~n~ed~uant~(~)a~veisac~rp~m~n~rpm~ners~p~istthenames~fai~in&viduais~wningm~rethan lO%ofthesh~esintheco~omfionorowninganyparmershipinterestintheparmers~p. Thomas FostertPres./Treas. Geneva Foster.Sec. 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 tmstor of the n'ust. 4. Have you had more than $250 wroth of business transacted with any member of fl~e City staff, Boards, Commissions, Commiuees, and Council within the past twelve month? Yes __ NoX_ 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. Thomas Foster,Pres. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes __ No X If yes, state which Council members(s):. * * * (NOTE: Attached additional pages as necessary) * * * Date: 6/27/00 ",~..~~ ~.-/, J - ,Signatu~"e of Cont~'actort~Applie~nt Trasxg Corporation Thomas Foster,Pres. Print or type name of Contractor/Applicant * Person is defined az: "Any individual, firm, co-partnership, joint venture, as$ociation~ social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city or country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit. EXHIBIT A :5' RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING CONTRACT TO TRASIG CORP. FOR THE ~INSTALLATION OF INTERNALLY ILLUMINATED STREET NAMES SIGNS AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA" (CIP TF-279, FY99/00) WHEREAS, on June 29, 2000, the Director of Public Works received two (2) sealed bids for the ~Installation of Internally Illuminated Street Names Signs at Various Locations in the city of Chula Vista" (CIP TF-279, FY 99/00); and WHEREAS, a low bid of $54,100.00 was received from Trasig Corp., however, three mathematical irregularities equaling $300.00 were found within the low bidder's proposal; and WHEREAS, these errors were insignificant since the additional $300.00 still placed the low bid of $54,400.00 submitted by Trasig Corp., $4,700 below the second low bidder, T & M Electric dba Perry Electric, with a proposal of $59,100.00. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the irregularities, accept the bids and award the contract to Trasig Corp. in the amount of $54,400 for the "Installation of Internally Illuminated Street Name Signs at Various Locations in the City of Chula Vista" (CIP TP-279, FY 99/00). BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby directed to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by Director of Public Works C~ Attorney H:\home\attorney\reso\illuminated street name signs bid COUNCIL AGENDA STATEMENT Item /~ Meeting Date 7/25/00 ITEM TITLE: Resolution Ratifying the actions of the Director of Public Works in approving a change order for the installation of additional traffic signal loops as part of the FY98/99 Traffic Signal Detector Loop Replacement program at various locations in the City of Chula Vista (CIP TF-260). SUBMITTED BY: Director of Public Worksng~/~'// REVIEWED BY: City Manager ,¢¢ (4/Sths Vote: Yes X_., No ._) On November 24, 1999, the Director of Public Works received sealed bids from five (5) electrical contractors for the FY98/99 Traffic Signal Detector Loop Replacement program at various locations in the City of Chula Vista. DBX, Inc. submitted a low bid of $32,917.00. The low bidder submitted exceptional bid prices, which were lower than the second lowest bidder's bid prices by 28%. Furthermore, the lowest bidder verbally agreed to extend their contract unit prices to install additional loops, including loops scheduled to be replaced as part of a future FY00/01 Traffic Signal Detector Loop Replacement program project (TF-273). As a result of the additional installation, however, the current funds for the loop replacement project (TF-260) are insufficient to cover the work performed to-date. RECOMMENDATION: That Council approve a resolution ratifying the actions of the Director of Public Works in approving a change order for the installation of additional traffic signal loops as pan of the FY98/99 Traffic Signal Detector Loop Replacement program at various locations in the City of Chula Vista (CIP TF-260). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 24, 1999, the Director of Public Works received sealed bids from five (5) electrical contractors for the implementation of the FY98/99 Traffic Signal Detector Loop Replacement program at various locations (TF-260). This project was intended to repair existing damaged or broken traffic signal detector loops that have failed. The repair optimized the traffic signal system operation by increasing detection, thereby improving traffic demand response and reducing waiting time experienced by motorists. Staff, in an effort to reduce congestion, which was partially caused by malfunctioning loops, attempted to have these traffic signal detector loop repairs as soon as possible. Page 2, Item __ Meeting Date 7/25/00 The bids received for project on November 24, 1999 were as follows: Contractor Amount 1. DBX, Inc. - Temecula $32,917.00 2. Trasig Corp. - Chula Vista $49,950.00 3. T&M Electric, Inc. - Lakeside $62,650.00 4. BA Construction - Anaheim $69,000.00 5. Southwest Traffic Signal Service - E1 Cajon $83,000.00 DBX, Inc. submitted a low bid of $32,917.00. The low bidder presented exceptional bid prices, which were lower than the second lowest bidder's bid prices by 28% and lower than the engineer's estimates by 28.4%. Furthermore, the lowest bidder verbally agreed to extend their contract unit prices to install additional loops, including loops scheduled to be replaced as part of the proposed FY00/01 Traffic Signal Detector Loop Replacement program project (TF-273). In the past, installation of Traffic Signal loops had cost the City between $300.00 to $400.00 for each loop. The low bidder submitted unit prices of $213.00 or $243.00, depending on the type of the traffic signal detector loops installed. The original scope of work included the installation of 139 traffic signal detector loops. Instead, 231 traffic signal detector loops have been installed. This resulted in costing the City $19,500.00 over the $55,500.00 funds allocated to complete C.I.P. TF- 260, which included the $32,917.00 of the original contract amount, and $22,583.00 for design, inspection, administration, and contingencies. The total cost of the project is now $75,000.00. The source of capitai funding for this project is the Gas Tax Fund. There is $110,000.00 available for completing the future CIP TF-273, the installation of "FY 00/01 Traffic Signal Detector Loop Replacement Program." Staff recommends the requested additional funds of $19,500.00 be transferred from the "FY 00/01 Traffic Signal Detector Loop Replacement Program" (CIP TF-273), since the additional loops installed were originally part of this future project. In addition, CIP TF- 273 will be advertised for bids this fiscal year. This will leave $90,500.00 for CIP TF-273 FY 00/01. Disclosure Statement A copy of the Contractor's disclosure statement for the existing TF-260 project is attached as Exhibit A. Page 3, Item __ Meeting Date 7/25/00 FISCAL IMPACT: FUNDS REQUIRF. D FOR CONSTRUCTION Loop Replacement Program FY00/01 A. Work completed under TF-260 $32,917.00 B. Additional Work $19,500.00 C. Design, Inspection, and Administration $8,000.00 D. Contingencies $14,583.00 TOTAL $75,000.00 FUNDS AVAILABLE FOR CONSTRUCTION E. Gas Tax Fund (CIP TF-260) $55,500.00 F. Gas Tax Fund (CIP TF-273) $19,500.00 TOTAL $75,000.00 Attachment: Exhibit A - Contractor's Disclosure Statement From TF-260 Exhibit B - CIP Detail Sheet for TF-260 Exhibit C - CIP Detail Sheet for TF-273 File: 0735-10-TF-260 HSHOME~NGINEER~AGENDA\TF260B 1 .DOC 7/18/00 6:17:58 PM 'l'i:tt; CITY OF CHULA VISTA DISCLOSURE STATEMENT .Jare required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributious, on Jmattcrs which will requi~ disc~tionary action on the part of the City Council, plannin$ Commi~ion, and alt other official bodies. 'thc following information must be disclosed: ,/~ 1. List file aam~;s of all persons having a financial interest in thc pro .~.rty 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 pannership, list the names of ail individuals owning more than 10% of the shares in the corporation or owning any parmership interest in the parmership. 3. If any person* identified pursuant to (1) above is non-profit organi?ntion or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Have you had more than $250 worth of business transacted with a~}y./member of the City staff, Boards, Commissions. Committees, and Council within the past twelve month? Yes __ No~ If yes, please i~licate 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 und/or your officers or agents, in ~e aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes __ No ~f yes, state which Council members(s): * * * (NOTE: Attached additio/nit~ page~ as nee ~es.~y) * * * Oignature of Contractor/Applicant Print or type dame of Contractor/Applicant * Person is defined of: 'Any individ,,nl, firm, co-parmership, joim venture, association, Social club, fraternal organiT, ation, corporation, estate, trust, receiver, syndicate, this and any other county, city or country, city municipality, district, or ather political subdivision, or any other group or combination acting a~ a unit. EXHIBIT A RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA P~ATIFYING THE ACTIONS OF THE DIRECTOR OF PUBLIC WORKS IN APPROVING A CHANGE ORDER FOR THE INSTALLATION OF ADDITIONAL TRAFFIC SIGNAL LOOPS AS PART OF THE FY98/99 TRAFFIC SIGNAL DETECTOR LOOP REPLACEMENT PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (CIP TF-260) WHEREAS, on November 24, 1999, the Director of Public Works received sealed bids from five (5) electrical contractors for the FY98/99 Traffic Signal Detector Loop Replacement Program at various locations in the City of Chula Vista; and WHEREAS, DBX, Inc. submitted a low bid of $32,917.00 which bid had exceptional prices and were lower than the second lowest bidder's bid prices by 28%; and WHEREAS, the lowest bidder extended their contract unit prices to install additional loops, including loops scheduled to be replaced as part of a future FY00/01 Traffic Signal Detector Loop Replacement program project (TF-273); and WHEREAS, as a result of the additional installation, the current funds for the loop replacement project (TF-260) are insufficient to cover the work performed to date. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby ratify the actions of the Director of Public Works in approving a change order for the installation of additional traffic signal loops as part of the FY98/99 Traffic Signal Detector Loop Replacement Program at various locations in the City of Chula Vista (CIP TF-260). Presented by Approved as to form by John P. Lippitt ~/~n M. Kaheny Director of Public Works ~ity Attorney [H:\HOME~A I~ORNEY%RESOI Iraflic signa I ratificalion (July 20, 2000 (8:33am}1 COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 7/25/2000 ITEM TITLE: Resolution Accepting bids and awarding contract to Lekos Electric for the "Traffic Signal Installation at the Intersection of East "H" Street with Eastlake Drive in the City of Chula Vista" (CIP TF262) / / SUBMITTED BY: Director of Public Works~_~l/ City Manager"~¢~.9~ (/~n (4/Sths Vote: Yes_No X ) REVIEV~ED BY: On July 5, 2000, the Director of Public Works received sealed bids from four (4) electrical contractors for the "Traffic Signal Installation at the Intersection of East "H" Street with Eastlake Drive in the City of Chula Vista" (CIP TF262). Lekos Electric submitted the Iow bid of $86,670.00. RECOMMENDATION: That Council approve the resolution accepting bid and awarding contract to Lekos Electric for the "Traffic Signal Installation at the Intersection of East "H" Street with Eastlake Drive in the City of Chula Vista" (CIP TF262). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On July 5, 2000, the Director of Public Works received sealed bids from four (4) electrical contractors for the "Traffic Signal Installation at the Intersection of East "H" Street with Eastlake Drive in the City of Chula Vista" (CIP TF262). Lekos Electric submitted the low bid of $86,670.00. The bids received for the project were as follows: Contractor Amount 1. Lekos Electric $86,670.00 2. Sierra Electric $90,711.00 3. Trasig Corp. $94,745.00 4. T & M Electric, dba Perry Electric $101,004.00 ----T I · I [ Page 2, Item Meeting Date: 7/25/2000 The low bid by Lekos Electric was lower than the engineer's estimate of $87,100.00 by 1%. The work performed by Lekos Electric has been satisfactory in the past. Lekos Electric has met all City requirements for the award of the contract as set forth in the bid document; therefore, staffrecommends awarding the contract to Lekos Electric. The new traffic signal will upgrade the right-of-way assignment for the intersection of East "H" Street and Eastlake Drive. The current right-of-way assignment is managed using all- way stop signs. This new traffic signal is anticipated to be turned-on one month after the start of the new school year, which begins July 17, 2000. Last year, City staff successfully experimented with the use of traffic signal video detection, instead of the traditional in-pavement loop detection at the intersection of Otay Lakes Road and Allen School Lane/Camino Elevado. Staff's intention was to reduce the cost of installation, fi:equent maintenance and replacement associated with the in-pavement loops. In addition, the video detection equipment could be utilized in the future to perform like a permanent count station in providing traffic volume and speed counts. This project continues the implementation of video detection for the new traffic signal at the intersection of East "H" Street and Eastlake Drive. In order to expedite the construction phase of the project and to minimize delays usually encountered while ordering material, the traffic signal video detection equipment was ordered by City staff. However, the contractor will install the equipment as part of the contractor's bid proposal. Environmental Stat~s The City's Environmental Review Coordinator has reviewed the work involved in the existing and future projects and determined that the project is exempt for CEQA 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 Traffic Signal 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 for TF-262 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: 7/25/2000 FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Bid Amount $86,670.00 B. City-purchased equipment for $22,196.00 traffic signal video detection C. Design, Inspection, and Administration $28,300.00 D. Contingencies $10,834.00 TOTAL $148,000.00 FUNDS AVAILABLE Traffic Signal Fund (CIP TF-262) $148,000.00 TOTAL $148,000.00 There is approximately $4,000.00 additional annual cost for energy and maintenance associated with the new signal. Attachments: Exhibit A-Contractors Disclosure Statement Exhibit B-CIP Detail Sheet for TF-262 H:\ho me~en gin eerXagend a\t f262~t~gs.doc -- TI-IE CITY OF CHULA VISTA DISCLOSURE STATEMENT You a~e required to fde a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on aL1 matters which will require discretionary action on the par~ of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the 'nsmes of all persons having a financial interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (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 parmership interest in the parmership. 3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with a~y member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes __ No~ 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 $1,000 to a Council member in the current or preceding election period? Yes __ No~:'~ If yes, state which Council members(s): * * * (NOTE: Attached additional pages as necessary) * * * Signature of Contractor/Applicant Print or type name of Contractor/Applicant * Person is defined as.. 'Any inddvidual, firm, co-partnership, joint venture, as$oci~ion, social club, fraternal organi~'on, corporation, estate, trust, receiver, syndicate. this and any other county, city or country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit. £XHIBl'l' RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO LEKOS ELECTRIC FOR THE~ "TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF EAST H STREET WITH EASTLAKE DRIVE IN THE CITY OF CHULA VISTA" (CIP TF262) WHEREAS, on July 5, 2000, the Director of Public Works received the following four bids for the "Traffic Signal Installation at the intersection of East H Street with Eastlake Drive with Eastlake Parkway in the City of Chula Vista" (CIP TF265) Contractor Bid Amount Lekos Electric $86,670.00 Sierra Electric $90,711.00 Trasig Corp. $94,745.00 T & M Electric, dba Perry Electric $101,004.00 WHEREAS, the low bid by Lekos Electric was lower than the engineer's estimate of $87,100.00 by 1% and the work performed by Lekos Electric has been satisfactory in the past; and; WHEREAS, the bid by Lekos Electric has met all City requirements for the award of the contract as set forth in the bid documents; therefore, staff recommends awarding the contract to Lekos Electric; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in the existing and future projects and determined that project is exempt from CEQA 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 the project is the Traffic Signal 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; and WHEREAS, no special minority or women owned business requirements were necessary as part of this bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various minority trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the bids and award the contract to Lekos Electric in the amount of $86,670.00 for the "Traffic Signal Installation at the intersection of East Street with Eastlake Drive in the City of Chula Vista (CIP TF262). 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 Director of Public Works Attorney [H:IHOM EtA~FORNEY~RESO\ Traffic Signal Lekos East H Street (July 19, 2000 (2: 9prn)] 2 COUNCIL AGENDA STATEMENT Item L~ Meeting Date: 7/25/0~. ITEM TITLE: Resolution Accepting bids, waiving inconsequential bid deviation, and awarding contract for "MTDB Right of Way Beautification, Phase 1, in the City of Chula Vista, California (LD-106)" project to Shiva Construction, Inc. in the amount of $286,447.34, and awarding Alternate A Bid to Shiva Construction, Inc. in the mount of $91,141.50, and appropriating $454,000 to this project based on Transportation Enhancement Activities (TEA) Funds and Billboard Funds to be received from the Metropolitan Transit Development Board (MTDB) SUBMITTED BY: Director of Public~f~(~. Work ~/~/~ REVIEWED BY: City Managerc~e~/ (4/5ths Vote: Yes., X No__) At 2:00 p.m. on June 14, 2000, the Director of Public Works received sealed bids for the "MTDB Right of Way Beautification, Phase 1, in the City of Chula Vista, California" project. The work consists of planting and irrigation within segments of the four (4) mile Metropolitan Transit Development Board (MTDB) fight of way corridor. The work also includes all labor, material, equipment, transportation and traffic control necessary for the project. RECOMMENDATION: 1. That Council accept bids, waive inconsequential bid deviation, and award the contract for the "MTDB Right of Way Beautification, Phase 1, in the City of Chula Vista, California (LD-106)" project to Shiva Construction, Inc. of San Diego, California for $286,447.34 and award Alternate A Bid in the amount of $91,141.50 to same. 2. That Council appropriate $454,000 to this project based on Transportation Enhancement Activities Funds and Billboard Funds to be received from MTDB. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: General The MTDB right of way is a barren corridor between the City's Bayfront and central Chula Vista. The proposed project will provide an attractive entry into the City from I-5 and transition from the Bayfront to central Chula Vista. The improvements to the MTDB right of way corridor in the City of Chula Vista include demolition of existing concrete paving, construction of concrete paving in the medians at E Street and H Street and the construction of an asphalt concrete dike near the Palomar Trolley Station adjacent to Industrial Boulevard. Also included is the planting of trees, shrubs, and groundcover on the slopes and medians at E Street, H Street, Palomar Trolley Station and Main Street. Other work includes the construction of irrigation systems, electrical work for irrigation systems and traffic control during construction. A vicinity map has been included to delineate the approximate locations of the project areas. · I F Page 2, Item Meeting Date: 7/25/00 The services of Estrada Land Planning, Inc. were retained for the preparation of the project's contract documents per Resolution No. 18859 on January 13, 1996. Funding sources for the project have been identified through a Memorandum of Understanding (MOU) with MTDB and the City (See Attachment "A"). The MOU was approved by City Council on April 15, 1997 by Resolution No. 18628. A total of $400,000 of Transportation Enhancement Activities (TEA) funds have been appropriated by MTDB for implementation of the project. The TEA funds are processed through the San Diego Association of Governments, administered by CALTRANS and MTDB and available to the City of Chula Vista. The City is, however, obligated under this particular funding program to provide a matching fund of $54,000. An MTDB Billboard Reserve Fund created in 1984 between the City of Chula Vista and MTDB has available funds for use and is identified as a funding source for matching funds. Project Advertisement Engineering staff originally advertised the project in January 2000 and bids were received and opened on February 23, 2000. Due to bid deficiencies discovered by staff at said bid opening and during subsequent reviews of the bid packages, it was determined that the deficiencies compromised the integrity of the bid packages and that they should not be accepted. Based on this decision, four (4) out of the five (5) bid packages received could not be accepted; the top three (3) bidders for the project were included in this group. All of the bids received from the subject bid opening were rejected by City Council per Resolution No. 2000-145 on May 9, 2000. Engineering staff subsequently re-advertised the project. Staff received and opened bids from the re- advertisement on June 14, 2000. Six (6) contractors submitted bids as follows (Bids sorted by the base bid amount): CONTRACTOR BASE BID ALTERNATE A BASE BID & AMOUNT BID ALT. A TOTAL 1. Shiva Construction, Inc. San Diego, $286,447.34 $91,140.50 $377,587.84 California. 2. 3-D Enterprises, Inc. - San Diego, California $324,399.90 $72,393.50 $396,793.40 3. Heftier Co., National City, California $364,028.00 $140,508.63 $504,536.63 4. Scheidel Contracting - La Mesa, California $384,302.20 $192,478.00 $576,780.20 5. E.V. Constructors - San Diego, California $385,355.43 $94,203.27 $479,558.70 6. Wier Construction - Escondido, California $645,560.70 $461,096.40 $1,106,657.10 The low bid from Shiva Construction, Inc. is below the Engineer's estimate of $324,673.07 by $38,225.73 or approximately 11.8%. Engineering staff checked the references provided by the contractor. All references were verified and their work has been satisfactory. Their Contractor's License No. 724538 is clear and current. Staff has reviewed the low bid and is recommending awarding the contract to Shiva Construction, Inc. of San Diego, California. One (1) bid alternative was included in the bid proposal. The purpose of the bid alternative was to allow the Contractor to bid on additional work specified in the plans if the budget allowed and to give the City flexibility in the construction of the project. Staff recommends accepting the Alternate A Bid of Shiva Construction, Inc. at a cost of $91,140.50 in addition to the total contract bid price. Alternate A Bid is for the landscaping and irrigation of the slopes north of "E" Street. Page 3, Item Meeting Date: 7~25/00 Inconsequential Bid Deviation Subsequent to the bid opening, staff performed a review of the low bid submitted by Shiva Construction, Inc. and discovered an error involving the calculation of a bid item. The bid item in question was Item 16 of "Location 5 - Main Street". The contractor had incorrectly written the total for the subject bid item as $4,012.00; the total amount bid for this item should have been $4,120.00 based on the unit cost provided by the contractor. The difference between the two figures of $108.00 resulted in the base bid for the contractor being increased by said amount. The increase to the contractor's base bid did not affect their status as Iow bidder for the project, therefore, staff recommends that Council waive the minor inconsequential deviation and award the contract to Shiva Construction, Inc. of San Diego, California. Disclosure Statement Attachment "B" is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15034 (b), Class 4 (b) of the California Environmental Quality Act and does not require state environmental review. Prevailing Wage Statement No special minority or women owned business requirements were necessary as part of the bid documents. The contract set a goal of 15% for the Disadvantaged Business Enterprise (DBE) which has been met by the contractor (See Attachment "C"). Contractors bidding this project are required to pay prevailing wages to persons employed by them for the work under this project. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Shiva Construction, Inc.) $286,447.34 B. Alternate A Bid $91,140.50 C. Contingencies (12%) $45,300.00 D. Staff Costs (Design, Inspection) $31,112.16 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $454,000.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Appropriation of funds from the available fund balance in the General Fund to $400,000.00 LD-106. B. MTDB Billboard Funds $54,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $454,000.00 Funding for the project has been identified through the MOU between the City and MTDB. Page 4, Item Meeting Date: 7/25/00 The funding mechanisms (TEA and MTDB Billboard Funds) do not include funding for maintenance. The City will be solely responsible for the landscape maintenance of the MTDB four (4) mile corridor. The Parks Department has estimated that costs for maintenance (includes labor and utilities) will require approximately $25,000 yearly to maintain the project improvements. Attachments: A - Memorandum of Understanding B - Contractor's Disclosure Statement C - Low Bidder's DBE Information Vicinity Map H:~SHAREDXENGINEER~LDI06A113.GET.doc MTDB Doc. No. L 0317.0-97 CIP 625 MEMORANDUM OF UNDERSTANDING BETWEEN METROPOLITAN TRANSIT DEVELOPMENT BOARD, SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, AND CITY OF CHULA VISTA FOR MTDB RIGHT-OF-WAY LANDSCAPING WITHIN THE CITY OF CHULA VISTA WITNESSETH WHEREAS, the Metropolitan Transit Development Board/San Diego & Arizona Eastern Railway Company, herein referred to as "MTDB," has right-of-way located within the city of Chula Vista; and the city of Chula Vista, herein referred to as "City," has developed the MTDB Right-of- Way Beautification Project Summary Report; herein referred to as "Project" as a concept master plan which consists of four phases in its entirety for the landscaping of said right-of-way located within the city of Chula Vista; and MTDB has state of California funding which is processed through the San Diego Association of Governments, herein referred to as "SANDAG," administered by the California Department of Transportation, herein referred to as "CALTRANS," and awarded to MTDB which is available to the City to construct a portion of said Project; and WHEREAS, on November 5, 1996, the City forwarded a copy of the Project to MTDB as the concept master plan for landscaping of the MTDB right-of-way located within the city of Chula Vista, and directed staff to initiate the development and negotiation of a Memorandum of Understanding, herein referred to as "MOU," with MTDB, and to develop a detailed, phased development plan and funding commitment for the Project; and WHEREAS, on December 12, 1996, MTDB: 1) received the'City's request for the use of Federal Transportation Enhancement Act grant funds for the purpose of landscaping the MTDB right-of-way located within the city of Chula Vista; 2) approved the MTDB Right-of-Way Beautification Project Summary Report developed by the city of Chula Vista for landscaping of the MTDB right-of-way located Within the city of Chula Vis~a; and 3) directed the General Manager to negotiate the terms of an MOU with the city of Chula Vista for subsequent Board action to establish a detailed, phased development, maintenance, and funding plan for implementation of the Project; and WHEREAS, City and MTDB concur that the Project is a Class 4 (b) exemption under the California Environmental Quality ACt [Section 15034 (b)] and the Department of Transportation National Environmental Policy Act (NEPA)guidelines categorical exclusion [Section 771.117 (a)(7)] and does not require environmental review; and WHEREAS, the City and MTDB desire to enter into an MOU to cause the development of construction drawings for the Project, the commitment of funding, and the installation and maintenance of landscaping to implement Phase I of the Project, as bdefly described in Exhibit A, attached hereto and herein referred to as "Phase I," in accordance wilh the tentative schedule of performance provided in Exhibit B, attached hereto and herein referred to as "Schedule" (Phases II, Iii, and IV of the Project shall be the subject of a separate, future Memorandum of Understanding); and WHEREAS, the Project includes prototype plans, material matrices, estimates of probable costs for improvements and other information related to implementation; and -': Page 1 of 4 ~'~ ?~'~-O-~'/ WHEREAS, the Project will provide widespread benefits to the City and MTDB in visual enhancement, air quality, and will enhance the overall riding experience of the patrons of MTDB. NOW THEREFORE, in consideration of the foregoing, MTDB and City agree as follows: SECTION A. City agrees as follows: 1. CITY SHALL cause the preparation of construction drawings for the Project and construction of the landscape improvements for Phase I in general accordance with the Schedule. Said drawings shall be designed in accordance with MTDB design standards and Light Rail Transit (LR'r) design criteria and approved in total by MTDB in writing. 2. CITY SHALL work with MTDI3 as requested to complete Calfrans required field review and environmental documentation, as required, to obtain Caltrans Notice to Proceed (NTP) for Phase I. 3. CITY SHALL comply with provisions of the California Clean Air Act, the National Environmental Policy Act, the Americans with Disabilities Act, the Secretary of the Interior's Standards, and Guidelines for Archeological and Historic Preservation, and any other federal, state, and/or local laws and/or regulations as applicable to this Project. 4. CITY SHALL obtain a "Right of Entry Permit'' from MTDB for construction and maintenance purposes. Construction may not begin on San Diego and Arizona Eastern (SD&AE) Railway or MTDB property before permit is issued. The City or its contractor shall pay all flagging costs associated with the construction of the landscaping. The City or its contractor shall maintain railroad protective insurance for all work within MTD.B Right-of-Way. 5. CITY SHALL submit Final Construction Plans and special provisions for the intended Phase I construction work to MTDB for approval prior to commencing with final reproduction of the contract documents to ensure compatibility with the South Line Landscaping Master Plan, MTDB design standards, and Light Rail Transit design criteria. 6. CITY SHALL ensure that the landscape consti'uction and maintenance will not interfere with the operation of the San Diego Trolley, San Diego and Imperial Valley Railroad, or the Chula Vista Transit system. 7. CITY SHALL not accept the construction work as complete until MTDB conducts an inspection of the work done and informs the City that it is acceptable, Such approval by MTDB shall not be unreasonably delayed or withheld. 8. CITY SHALL, at its own expense, assume liability for the work conducted in Phase I within the MTDB corridor and shall maintain landscaping, irrigation, and architectural enhancements (including labor and water) installed in Phase I within the MTDB corridor, in accordance with the provisions set forth in the Permanent Right of Entry Permit. 9. CITY SHALL maintain full and complete records of the costs for Phase I, in accordance with generally accepted accounting principals. These records shall be maintained for at least three years after completion of Phase I and shall be available for inspection by MTDB and Calfrans during normal business hours. ' Page 2 of 4 SECTION B MTDB Agrees as follows: 10. MDTB SHALL provide up to $400,000 in Transportation Enhancement Act (TEA) funds, subject to release of said funds and issuance of a Notice to Proceed (NTP) from the California Department of Transportation (Caltrans); and shall approve the use of $54,000 in MTDB billboard reserve funds as the required local match to fund this Project. MTDB SHALL invoice state within 20 days of receipt of letter from the City requesting reimbursement, supported by receipt of invoices with proper documentation including summary of staff time charges and contractor invoices. MTDB shall release funds to the City within 10 days of receiving funds from the state. City shall provide a schedule for reimbursements to MTDB following execution of each contract required for implementation of Phase I. 11. MTDB SHALL allow the balance of funds remaining in the Billboard Fund after withdrawal of $54,000 for Phase I and any future revenues accruing to the Billboard Fund to be applied toward maintenance of Phase I. MTDB shall forward all allowable funds to the City following written request which shall be accompanied by City-approved budget each fiscal year. 1,?.. MTDB SHALL waive all MTDB permit fees. MTDB staff review and inspection costs associated with Phase I are to be considered eligible costs and shall be charged as such from the available funding, not to exceed $20,000. 13. MTDB SHALL work with the City and Caltrans to obtain an NTP to use Transportation Enhancement Activities funding in a timely manner. 14. MTDB SHALL provide technical resources, such as existing sbrveYs, to the City for use in the preparation of technical drawings. 15. MTDB SHALL grant a "Right of Entry Permit" to the City or its designee in a timely manner prior to the start of construction, and grant a permanent "Right of Entry Permit" to the City for maintenance purposes following the installation of Phase I landscape improvements. 16. MTDB SHALL determine the access and egress of City maintenance vehicles agreeable to the City to allow for the maintenance of landscaping on the MTDB Right-of-Way which shall be set forth in the Permanent Right of Entry Permit. SECTION C General Provisions: 17. In the event Phase I is completed at a cost greater than budgeted under this MOU, the City and MTE)B agree to work together to identify additional sources of revenue to cover additional costs. However, MTDB is not obligated to fund this additional cost unless agreed to in subsequent amendments to this MOU. 18. In the event that Phase I is completed at a cost less than budgeted under this MOU, balance of maximum allowable funding shall be applied to future phases of the Project. 19. This MOU shall become effective immediately upon full authorized execution hereof. - ~'. Page 3 of 4 20. This MOU may be modified in writing only by mutual consent of the City and MTDB. 21. Each party padicipeting in this MOU shall defend, indemnity, and hold harmless each other participating party from all costs, demands, actions, liability, or loss which may arise from or be incurred as the result of injury or damage to persons or property in connection with each party's own performance under this MOU, or as the result of any negligent act or omission of any of its employees, agents, contractors, or subcontractors. 22. Parties agree that all recitals shall be incorporated herein and made a part of this MOU. IN WITNESS WHEREOF, the City and MTDB have caused this MOU to be executed as of the date set forth. METROPOLITAN TRANSIT DEVELOPMENT CITY OF CHULA VISTA BOARD Thomas F. Larwin, General Manager Jo.~ D. Goss, City Manager DATE: ]7~'/~'~' 7 DATE: ~'~[,f/-~'~/ THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are requirexi to file a Statement of Disclosure of certain ownership or financial interests, paymentz, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1, List the names of all persons having a financial interes~ in the property which is the subject of the application or flue Cona'act, e.g., owner, applicant. Con.actor, subconlractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of thc shares in the corporation or owning any parmership inte~st in the parmership. 3. If any person* identified pursuant to (1) above is non-profit organization or a ~rost, list the names of any person serving as direct~Or of the non-profit organization or as trnstee or beneficiary or Irustor of the wast. 4. Have y~u had m~re than $25~ ~rth ~f bnsiness wansacted wj~/any member ~f the City sta~ B~ards~ ~rnmissi~ns~ C~mmittees~ and Council within the past twelve month? Yes __ No v~'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 ~ If yes, state which Council members(s): l~rint or V~,pe name of~on~ractor/Applicant * Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city or country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit. T I · f 'T RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, WAIVING INCONSEQUENTIAL BID DEVIATION, AND AWARDING CONTRACT FOR "MTDB RIGHT OF WAY BEAUTIFICATION, PHASE 1, IN THE CITY OF CHULA VISTA, CALIFORNIA (LD-106)" PROJECT TO SHIVA CONSTRUCTION, INC. IN THE AMOUNT OF $286,447.34, AND AWARDING ALTERNATE A BID TO SHIVA CONSTRUCTION, INC. IN THE AMOUNT OF $91,141.50, AND APPROPRIATING $454,000 TO THIS PROJECT BASED ON TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) FUNDS AND BILLBOARD FUNDS TO BE RECEIVED FROM THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) WHEREAS, at 2:00 p.m. on June 14, 2000, the Director of Public Works received the following sealed six bids for the "MTDB Right of Way Beautification, Phase 1, in the City of Chula Vista, California" project: CONTRACTOR BASE BID ALTERNATE A BASE BID & AMOUNT BID ALT. A TOTAL 1. Shiva Construction, Inc. - San Diego, $286,447.34 $91,140.50 $377,587.84 California. 2. 3-D Enterprises, Inc. - San Diego, California $324,399.90 $72,393.50 $396,793.40 3. Heffier Co., National City, California $364,028.00 $140,508.63 $504,536.63 4. Scheidel Contracting - La Mesa, California $384,302.20 $192,478.00 $576,780.20 5. E.V. Constructors ~ San Diego, California $385,355.43 $94,203.27 $479,558.70 6. Wier Construction - Escondido, California $645,560.70 $461,096.40 $1,106,657.I0 WHEREAS, the low bid from Shiva Construction, Inc. is below the Engineer's estimate of $324,673.07 by $38,225.73 or approximately 11.8% and staff has reviewed the low bid and is recommending awarding the contract to Shiva Construction, Inc. of San Diego, California.; and WHEREAS, one bid alternative was included in the bid proposal to allow the Contractor to bid on additional work specified in the plans if the budget allowed and to give the City flexibility in the construction of the project; and WHEREAS, staff recommends accepting the Alternate A Bid (which is for the landscaping and irrigation of the slopes north of "E" Street) of Shiva Construction, Inc. at a cost of $91,140.50 in addition to the total contract bid price; and WHEREAS, subsequent to the bid opening, staff performed a review of the low bid submitted by Shiva Construction, Inc. and discovered an error involving the calculation of a bid item; and WHEREAS, the bid item in question was Item 16 of "Location 5 - Main Street" wherein the contractor had incorrectly written the total for the subject bid item as $4,012.00; the total amount bid for this item should have been $4,120.00 based on the unit cost provided by the contractor and the difference between the two figures of $108.00 resulted in the base bid for the contractor being increased by said amount; and WHEREAS, said increase to the contractor's base bid did not affect their status as low bidder for the project, therefore, staff recommends that Council waive the minor inconsequential deviation and award the contract to Shiva Construction, Inc. of San Diego, California and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15034 (b), Class 4 (b) of the California Environmental Quality Act and does not require state environmental review; and WHEREAS, no special minority or women owned business requirements were necessary as part of the bid documents; and WHEREAS, the contract set a goal of 15% for the Disadvantaged Business Enterprise (DBE) which has been met by the contractor and contractors bidding this project are required to pay prevailing wages to persons employed by them for the work under this project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids, waive the inconsequential bid deviation, and award the contract for "MTDB Right of Way Beautification, Phase 1, in the City of Chula Vista, California (LD-106)" project to Shiva Construction, Inc. in the amount of $286,447.34, and award Alternate A Bid to Shiva Construction, Inc. In the amount of $91,141.50. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the amount of $454,000 is hereby appropriated to this project based on Transportation Enhancement Activities Funds and Billboard funds to be received from MTDB. Presented by Approved as to form by John P. Lippitt Jo~n/M. Kaheny Director of Public Works city Attorney [H:/HOME'~a, TTORNEY\RESO\ MTDB ROW Beautificia0on (July 20, 2000 (9:23am)] 3 COUNCIL AGENDA STATEMENT Item /~ Meeting Date 7/25/00 ITEM TITLE: Resolution Approving an Agreement between City of Chula Vista, Otay Water District, and Auld Golf Course San Diego LLC for deferral of Transportation Impact Fees and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager~2[~ O~ (4/5tbs Vote: r~ __No X ) Otay Water District owns 240 acres north of Pacific Bay Homes in Eastern Chula Vista. They have leased a portion of their property to Auld Golf Course San Diego LLC (Auld Golf), to construct and operate an 18-hole golf course. Since it will be a privately operated facility open to thc public, they are subject to Development Impact Fees. The agreement will provide: 1) an initial amount owed for thc fees, 2) thc ability to pay the fees over a ten-year period, and 3) a procedure to restudy thc traffic after the facility is in operation after three years, and adjust the fee for actual traffic generation of the facility. RECOMMENDATION: That Council approve the resolution for an agreement with Otay Water District and Auld Goff, for deferral Transportation Fees. BOARDS/COMMISSION: Not applicable. DISCUSSION: Otay Water District staff and Auld Goff staff have been working with City staff on this Golf Course Project for several months. Much of the grading of the course has been performed and the developer is ready to pull the building permit for thc clubhouse. A condition of the building permit requires the payment of Transportation Development Impact Fees. The interim fee amount will be calculated as follows: TDIF 374 x $592 = $221,408 SR-125 DIF 374 x $82 = 30,668 Traffic Signal Fee 374 x $ 3 = 4,862 Total (Interim) $256,938 After the facility is in operation for a period of three years, a new traffic study will be conducted for 4 one-week periods during the next year to determine actual traffic generated by the project. From that new information, the fees will be adjusted accordingly. The agreement provides for the basis and methodology used in the study. I0 -/ Page 2, Item Meeting Date 7/25/00 Auld Goff will make the first payment at the time they receive the building permit. They will then make ten equal annual installments until the entire fee is paid, interest free. Ifa new fee is determined after the study in three years, then Auld Goff will pay the City the mount owed within 30 days of the determination. If Auld Golf overpaid, then credit will be given toward the next payment(s) as necessary to adjust to the correct amount. It was considered appropriate for staff to recommend this deferral since Otay gave the City a similar arrangement for sewer and water fees for the Veterans Home in Chula Vista. Otay Water District will also be a party to this agreement since they will be responsible to make the payments should the Golf Course be operated by them or another lessee. The resolution states that the Mayor should not sign the agreement prior to Otay Water District signing. The resolution authorizes the Mayor to sign the agreement after Otay Water District signing. FISCAL IMPACT: The impact is that the City's impact fee accounts will not receive revenues lump sum, but over a period of ten years. As a result, there will be lost interest eamings. This will not have a detrimental impact on the TRANSDIF fee, since the total amount of the fee will still be paid. However, if the fee were paid up front and the City earned interest at 6%, lost interest earnings would be about $84,800. File: H:\HOME\ENGINEER~AGENDA~AULDGOFF.DOC RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA, OTAY WATER DISTRICT, AND AULD GOFF COURSE SAN DIEGO LLC FOR DEFERRAL OF TRANSPORTATION IMPACT FEES, AND AUTHORIZING THE M3kYOR TO EXECUTE SAID AGREEMENT WHEREAS, Otay Water District owns 240 acres north of Pacific Bay Homes in Eastern Chula Vista and have leased a portion of their property to Auld Goff Course San Diego LLC (Auld Goff) to construct and operate an 18-hole golf course; and WHEREAS, since it will be a privately operated facility open to the public, they are subject to Development Impact Fees; and WHEREAS, this agreement will provide an initial amount owed for the fees and the ability to pay the fees over a ten-year period, a procedure to restudy the traffic after the facility is in operation after three years, and adjust the fee for actual traffic generation of the facility. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Agreement between City of Chula Vista, Otay Water District, and Auld Goff Course San Diego LLC for Deferral of Transportation Impact Fees, 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 directed to execute said Agreement for and on behalf of the City of Chula Vista after Otay Water District has executed the agreement. Presented by Approved as to form by John P. Lippitt Joh~Y~. Kaheny Director of Public Works City Attorney [H:/HOMELATTORNEY/RESO\ Auld Goff Course Agreement (July 19, 2000 (3:53pm)] Recording Requested by and II/hen Recorded Returnto: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. > Above Space for Recorder's Use Only · AGREEMENT REGARDING DEVELOPMENT IMPACT FEES FOR AULD GOFF GOLF COURSE This Agreement is entered into and effective as of , 2000, by and between AULD GOFF COURSE SAN DIEGO LLC, a California limited liability company ("Auld Goff"); the City of Chula Vista, a municipal corporation ( "City" ); and Otay Water District ('~District") on the basis of the following facts: RECITALS A. "District" owns certain real property within the boundaries of the City, generally situated at the northern terminus of Hunte Parkway (the "Premfses"). B. Auld Goff and District have entered into a long-term lease pursuant to which District has leased the Premises to Auld Goff. Auld Goff is in the process of developing a golf course on the premises (the "Project") . C. City requires Auld Goff to pay a Development Impact Fee ("DIF") in conriection with the Project. The DIF is calculated on the basis of Chula Vista Municipal Code Chapter 3.54 ("the Ordinance ) . 1 D. Since the Project is not yet in operation, actual average daily trips ("ADTs") generated by the Project cannot be accurately determined. E. Auld Goff contends that the application of the DIF is unrelated to the mitigation of the traffic needs of the Project based on the preliminary traffic study dated 8/11/99 which was submitted to and reviewed by the City. F. This Agreement is intended to establish the Project's DIF on an interim basis and to establish the procedure under which the permanent DIF will be calculated. AGREEMENT IT IS HEREBY AGREED, on the basis of the foregoing facts and for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, as follows: 1. Interim Calculation of DIF. This section sets forth an interim calculation of the DIF and is subject to modification as set forth in this Agreement. The interim calculation assumes the Project will generate 374 ADTs. On the basis of this assumption, the interim DIF is calculated as follows: TDIF 374 x $592 = $221,408 SR-125 DIF 374 x $ 82 = 30,668 Traffic signal 374 x $ 13 = 4,862 Total Interim) DIF $256,938 2. Determination of Actual ADTs. The date on which the Project opens for business to the general public shall be the "Operation Commencement Date" and Auld Goff shall provide the City's Director of Public Works with written notice of such date. The determination of ADTs pursuant to this Agreement shall constitute the traffic study required by the Ordinance. The "Testing Year" for such traffic study shall commence three years following the Operation Commencement Date and shall continue for ~twelve (12) months thereafter. The actual ADTs §enerated by the Project shall be determined during the Testing Year. 2.1 General Methodoloq¥o Auld Goff shall obtain a vehicle counting device and shall install it on or across the drive 2 leading to the Project clubhouse. The device shall be installed at a point which (a) permits an accurate counting of vehicles coming to and leaving the Project, and (b) does not count vehicles which are unrelated to the Project's operation (such as vehicles operated by the District and SDG&E). The specific details of the traffic study methodology shall be submitted to the City Engineer for review and approval prior to commencement of the vehicle count, and such approval shall not be unreasonably withheld. Additionally, Auld Goff agrees that vehicle counts shall only be conducted on days when the Project is open for business and conducting normal golf course operations. The four (4) weeks during which testing is conducted (as discussed in Section 2.3) shall be jointly selected by Auld Golf and the City Engineer. If a time period cannot be agreed upon between the City Engineer and Auld Goff, then the City Manager will make the final determination. 2.2 Common Goal. The parties hereto acknowledge that the goal of the traffic study is to achieve a fair and accurate count of traffic generated by the Project on an "average day" when the golf course is in full operation. Full operation may include days that the course is open, during which play might be reduced, but not when the course is closed. During the Testing Year, Auld Goff shall operate the vehicle counting device for one week in each of (a) spring, (b) summer, (c) fall, and (d) winter. If the course is closed during any day of a "counting" week, the count for that day will be made the same day of the next week that the course is open. 2.3 Calculation. The testing under Section 2.1 consists of four weeks (28 days). The total vehicle count for those days shall be added together and then divided by 28. The resulting quotient shall be the actual ADTs for the Project if after the City Engineer reviews the calculations, he approves the traffic study. 3. Final Calculation of DIF. Once the actual ADTs for the Project have been determined, the DIF shall be recalculated as follows: TDIF Actual ADTs x $592 SR-125 DIF Actual ADTs x $ 82 Traffic Signal Actual ADTs x $ 13 Total (Final) DIF 3 The final DIF calculated under this section shall fully replace and supersede the interim DIF calculated under Section 1 of this Agreement. The parties shall amend this Agreement to set forth the final DIF. 4. Payment of DIF. Auld Goff shall pay the DIF in ten equal annual installments, without interest. The first installment shall be paid on or before issuance of the first building permit for the Project (the ~Payment Date"), and each subsequent installment shall be paid on or before the anniversary of the Payment Date until the DIF has been paid in full. Auld Goff may prepay all or any portion of the DIF at any time. 4.1 Adjustment. The initial installments shall be based on the interim DIF calculated under Section 1 of this Agreement. Once the final DIF has been calculated under Section 3 of this Agreement, all ten of the annual installments (including those already paid) shall be recomputed using the final DIF. To the extent Auld Goff has underpaid prior installments, Auld Goff shall pay any underpayment within 30 days of the City Engineer's approval of the DIF. To the extent Auld Goff has overpaid prior installments, the overpayment shall be a credit against the next installment(s) due. 5. Auld Goff Compliance. To the extent the payment of DIF is a condition to any City approvals or actions, that condition shall be deemed fully satisfied so long as Auld Goff is in compliance with this Agreement. 6. District Responsibility. District hereby agrees that in the event Auld Goff ceases operation of the Project, and District in its place operates the Project, District shall make all DIF payments when due and payable as set forth herein including as provided for in paragraph 8 below until the DIF is paid in full and continue to do so while operating the golf course or until such time as a third party operator of the Project as approved by the City has entered into an agreement to make such payments. 7. Successors and Assiqns. This Agreement shall be binding on those successors and assigns who continue to operate the Project in substantially the form of a privately operated golf course open to the public. 4 8. Termination. This Agreement shall terminate if the Project ceases to be operated in substantially the form of a privately operated golf course. The City has the discretion to demand full and immediate payment of the entire DIF if City determines that any of the following occur: (i) Upon termination of the Project operations in substantially the form of a privately operated golf course open to the public; (ii) Upon change of the Project use; or, (iii) Upon an expansion of the Project operations. Should City make such a demand, Auld Goff hereby agrees to pay the outstanding balance of the DIF within 30 days of written demand thereof. 9. Amendments. This Agreement may only be amended, supplemented or modified by a written amendment executed by all parties to this Agreement. The City Manager may execute any amendment on behalf of the City. 10. Counterparts. This Agreement may be signed in multiple counterparts Which shall, when signed by all parties, constitute a binding agreement. 11. Captions. The caption headings for the sections of this Agreement are for convenience only and shall not be considered to limit, expand or define the content of the sections. 12. Recitals. The recitals set forth above are incorporated herein and constitute a part of this agreement. 13. Merqer. This Agreement sets forth the full agreement between the parties regarding the matters discussed herein. 14. Subordination. Should Auld Goff request that City subordinate this agreement to any Project financing, City hereby agrees to consider such request in good faith and will not unreasonably refuse to agree to such subordination. The City Manager may execute any such agreed upon subordination agreement which Auld Goff shall prepare at its own cost to the satisfaction of the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) 5 SIGNATURE PAGE TO AGREEMENT REGARDING DEVELOPMENT IMPACT FEES FOR AULD GOFF GOLF COURSE "City "Auld Goff" The City of Chula Vista, AULD GOFF COURSE SAN DIEGO LLC, a municipal corporation a California limited liability company By: Auld Goff Course Enterprises Shirley Horton LLC, a California limited Mayor Liability company Its Manager Attest: By G. Michael Strode Its Manager Susan Bigelow City Clerk Approved as to form OTAY WATER DISTRICT By John M. Kaheny City Attorney Approved as to form Thomas J. Harron Attorney H: \Home \At t orney\Agre e ~AuldGo f f 6 ( rrY COUNCIL AGBNDA SI'ATBMENT PAGE 1, ITEM / / Meeting Date 07/25/00 ITEM TITLE.' RESOLUTION APPROVING THE APPROPRIATION OF $251,737 FROM VEHICLE REPLACEMENT FUNDS AND AN APPROPRIATION OF $107,888 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO PURCHASE A FIRE APPARATUS, FIRE APPARATUS EQUIPMENT, AND AWARDING A PURCHASE AGREEMENT TO PIERCE MANUFACTURING/ SOUTH COAST FIRE EQUIPMENT, INC. FOR ONE, TRIPLE COMBINATION PUMPER IN THE AMOUNT OF $308,655.27. SUBMITTED BY: FIRE CHIEF ~4~ MANAGER'-"'~r~ (4/STM VO'T~: YE~X,.~. NO ) RER/I~D BY: CITY The Public Facilities Development Impact Fee (PFDIF) provides the pumhase of a fire apparatus pump and tank combination and the related equipment for that unit. City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative arrangements with other governmental agencies for the purchase of materials of common usage. Accordingly, the City has the ability to take advantage of a current City of El Segundo bid from Pierce Manufacturing/South Coast Fire Equipment. RECOMMENDATION City Council approve the appropriation of $251,737 from the vehicle replacement account and $107,888 from the Public Facilities development Impact Fee for the purchase of a fire apparatus, and ancillary equipment for this apparatus, and award a purchase agreement to Pierce Manufacturing/South Coast Fire Equipment, Inc. in the amount of $308,655.27 for a Triple Combination Pumper. None. DISCussiON The City of El Segundo used specifications that meet the National Fire Protection Association (NFPA) published requirements for a triple combination pumper, and as a result of a competitive formal bid process, awarded an order to Pierce Manufacturing and it distributor, South Coast Fire Equipment. Pierce Manufacturing has extended City of El Segundo pricing, terms, and conditions to the City of Chula Vista. The Chula Vista Fire Depariment and the City's Purchasing Agent successfully negotiated a reduction in the base price offered for the apparatus by eliminating several unneeded enhancements, and by reducing the number of factory inspection tdps from three to two. The following table summarizes comparable apparatus purchases made recently by other public agencies: It-'1 PAC~E '~, ITEM MEETING DATE 07/~'5/00 Public Agency Apparatus cost~ El Segundo $318,686 Kem County $313,183 Chula Vista (proposed) $308,655 Pieme has offered payment incentive terms up to $11,332.00. Pierce will also provide a 100% performance bond to ensure compliance with all manufacturing specifications. In addition, delivery is estimated at 6.5 to 7.5 months, which is considered favorable, The Firs Department pumhased a Pieme apparatus approximately one year ago and has been pleased with not only performance, but also with the level of support provided. The cost to pumhase ancillary equipment needed for the new fire apparatus is $50,970. The apparatus is an addition to the Firs Department fleet, not a replacement; therefore, no equipment from a replaced unit is available for the new engine. BA~D=KGROUND Since 1986, the Fire Department has maintained two rsserve vehicles for it's six fire stations (operating with 7 fire companies). Vehicles are currently replaced on a 20-year cycle---the replaced on-line vehicle is then placed in reserve and the oldest reserve vehicle is retired from service. At present, the two reserve fire vehicles ars an engine (pumper) and a Telesqurt. Unlike engines (pumpers) the Telesqud has sufficient ladder capability to be used at non- high rise structural rites; unlike the regular sized ladder truck, the Telesqurt can also pump water. The Telesqurt's versatility allows it to be used to provide backup at any fire station. The current reserve Telesqurt was acquired in 1975 and has 108,000 miles. Normally, this vehicle would be the next retired vehicle, thereby leaving the department with two reserves, both pumpers. SPECIAL NEEDS EAST OF 1-805 Structural firs calls require the dispatch of one ladder company and 3 engine/pumper companies. The city presently has one ladder truck company, which is located at Fire Station #1 (Civic Center). The Fire Station Master Plan details the future need for a second City ladder truck to serve eastem Chula Vista. This vehicle is to be located at the City's Fire Station #7, planned for Village 2 in the Otay Ranch development. As an interim measure, the department is relocating the current on-line Telesqurt from Firs Station #2 (East "J" Street) to the new Fire Station ~ in Rancho del Rey. As previously discussed, this Telesqurt has sufficient ladder capacity to serve the existing rssidential and business community in the east. As such, it is critical that the reserve Telesqurt be specifically dedicated to backing up the on-line Telesqurt at Fire Station ~t. Thus the department will need to retain 3 reserve vehicles in the near futura (2 pumpers and one Telesqurt). COST FOR THE THIRD RESERVE The near term plan is to add one pumper to the reserve fleet. This additional reserve vehicle will come from the replacement of an existing on-line pumper. The vehicle to be replaced is a 1987 Seagrave engine, presently operating out of Fire Station #4. It will be replaced with a Pieme engine at a current pdce of $308,655, in addition to the apparatus cost there is an additional $50,970 required to properly outfit the pumper with tools and equipment. I Even though the same apparatus manufacturer and model is indicated, agency specific configuratiuns (e.g. pump volume, compartment placement and sizes, wiring differences, etc.) account fur variations in overall unit cost. 2 2" PAGE 3, ITEM MEETING DATE 07/~'S/00 FISCAL IMPACT AS discussed, the reserve Telesqurt must be dedicated to backing up the on-line Telesqurt at Fire Station ~ (Rancho del Re)'). It cannot continue to serve as a general reserve for all stations. As such, there is a need to place another pumper in reserve. This will be accomplished b)' replacing a 13 )'ear old pumper ahead of schedule. As such the following cost shares are recommended: VEHICLE REPLACEMENT ACCOUNT The current replacement c)'cle is 20 )'ears. The 1987 Seagrave will have been in service for up to 14 )'ears at the time of replacement (1987 to 2000)~ As such, 70% of the purchase price should come from the City's vehicle replacement fund. Vehicle: 14 years/20 years = 70% * $308,655 purchase price = $216,058 Other Equipment: Total of $50,970 * 70% = $ 35,679 Vehicle Replacement Account: $251,737 PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) ACCOUNT The need for an interim ladder capability in the east, has forced the City to replace an engine 6 years ahead of schedule. As such, it is recommended that the PFDIF be responsible for 30% of the purchase price. Vehicle: 6 )'ears/20 years = 30% * $308,655 purchase price = $ 92,597 Other Equipment: Total of $50,970 * 30% = $ 15,291 PDIF Account: $107,888 Total: $359,625 3 11-5 ~ I · ] r RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF $251,737 FROM VEHICLE REPLACEMENT FUlXrDS AND AN APPROPRIATION OF $107,888 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO PURCHASE A FIRE APPARATUS, FIRE APPARATUS EQUIPMENT, AND AWARDING A PURCHASE AGREEMENT TO PIERCE MANUFACTURING/SOUTH COAST FIRE EQUIPMENT, INC. FOR ONE TRIPLE COMBINATION PUMPER IN THE AMOUNT OF $308,655.27 WHEREAS, the Public Facilities Development Impact Fee (PFDIF) provides for the purchase of a fire apparatus pump and tank combination and the related equipment for that unit; and WHEREAS, City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative arrangements with other governmental agencies for the purchase of materials of common usage; and WHEREAS, accordingly, the City has the right to take advantage of a current City of E1 Segundo bid from Pierce Manufacturing/South Coast Fire Equipment. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the appropriation of $251,737 from Vehicle Replacement Funds and an appropriation of $107,888 from the Public Facilities Development Impact Fee Fund for the purchase of a fire apparatus, and ancillary equipment for this apparatus, and award a Purchase Agreement to Pierce Manufacturing/ South Coast Fire Equipment, Inc. in the amount of $308,655.27 for one Triple Combination Pumper. Presented by Approved as to form by James Hardiman M. Kaheny ~ Fire Chief City Attorney CITY COUNCIL AGENDA STATEMENT Item /~'~ Meeting Date 7/25/00 ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Sewer Service Charges as Liens Upon the Respective Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION: Assessing Delinquent Sewer Service Charges as Liens Upon the Respective Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Deputy City Manager Powell y/ City Manager ~.~Sff?~J (4/5ths Vote: Yes__No REVIEWED BY: In order to adequately protect the City's interest in delinquent sewer service charges and insure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. This is the identical process approved by City Council in August and November1998, and April and August 1999. RECOMMENDATION: That the City Council open the public hearing to consider assessing delinquent sewer service charges as liens on the affected properties, consider all testimony, and adopt the resolution overruling all protests and assessing these charges as liens upon the respective parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. Item Meeting Date 7/25/00 DISCUSSION: The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accoums which are over sixty days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. In prior years, City Council approved assessing midyear liens to better insure the City's chances of collection, but due to delays in the implementation of a new sewer billing system, staff was unable to generate midyear liens for FY99-00. Staff has currently identified 429 accounts totaling $105,280 as being over 60 days delinquent (listing available at the City Clerk's Office). These property owners have been notified of their delinquencies, and two weeks ago, they were notified of this public hearing and were asked to pay their delinquent sewer service charges by July 24, 2000 to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. Note: There is a court case pending with the California Supreme Court which may affect the validity of the City's sewer service charge lien procedure as it relates to tenant delinquencies. In the event of an unfavorable ruling, City staff is prepared to remove the liens from the tax roll if the outcome of the case so requires. Staff will then return with a report on alternative collection procedures. FISCAL IMPACT: By placing delinquent sewer service charges on the property owners' regular tax bill, over $61,400 in additional sewer fund revenues have been recovered for FY 99-00. For FY 00-01, an estimated $94,000 in additional sewer fund revenues should be recognized from these collection methods. These actions also insure a more timely collection of these charges in the event properties are refinanced, and it holds the correct parties liable for the debt in the event properties change ownership. In doing so, the efficiency and the integrity of the billing and collection process for delinquent accounts is maintained, and uncollectible losses are reduced thereby maximizing revenues and minimizing costs. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHA~GES AS LIENS UPON THE RESPECTIVE PARCELS OF LkND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TA~ BILL FOR COLLECTION WHEREAS, on June 23, 1998, the City Council approved Ordinance No. 2736 amending Section 13.14.150 of the Chula Vista Municipal Code to allow delinquent sewer service charges to be placed on the property tax bill for collection; and WHEREAS, the ordinance states upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent; and WHEREAS, at the hearing, the City Council is to consider the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, a public hearing on delinquent assessments was properly noticed for July 25, 2000, at which all protests or objections presented were considered by the City Council; and WHEREAS, staff is recommending that the City Council approve the final listing of delinquent sewer service accounts as submitted and that these charges be forwarded to the County for placement on the next regular tax bill for collection; and WHEREAS, any delinquent accounts that are cleared by July 24, 2000, as a result of the public hearing set for July 25, 2000, will be removed from the list prior to the submittal of these charges to the County. ! NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby (1) overrule any and all protests or objections presented at the public hearing and (2) approve, with respect to the delinquent account list presented by staff and on file in the office of the City Clerk, assessing delinquent sewer service charges as liens upon the respective parcels of land and the placement of such delinquent charges on the next corresponding regular tax bill unless cleared by July 24, 2000. Presented by ~proved as to form by ~ePOWell, Director of Joh~aheny, H:\home\attorney\reso\sewer.del COUNCIL AGENDA STATEMENT Item ~ Meeting Date 7/25/00 ITEM TITLE: Public Hearing: Open Space District No. 10 for FY 2000/2001. Resolution ordering certain Open Space and maintenance facilities to be maintained, approving modification to the Engineer's Report and levying the assessments for FY 2000/2001 Open Space District No. 10. SUBMITTED BY: Director of Pub!ic/,,.Works~(~.~ REVIEWED BY: City Manager~g/ (4/5ths Vote: Yes_NoX) Based upon the advice of the City Attorney, agenda items l ~ and [z¥ have been separated from agenda item l ~ due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in this District. Council should note that agenda item I ~ gives all background information and details on Open Space Districts in general which is applicable to this item, but does not include specific information on Open Space District No. 10. RECOMMENDATION: That Council: 1) Open the hearing, take testimony, close the hearing. 2) Direct staff to tally all protests. 3) Adopt the resolution to approve the modification to the Engineer's Report and levying assessments for FY 2000/2001. 4) Authorize staffto determine assessments for FY 2001/2002. DISCUSSION: This agenda item is the yearly resolution to assess for Open Space maintenance within Open Space District No. 10 located along East J Street, west ofPaseo Ranchero (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for FY 2000/2001. Agenda item of tonight's agenda contains all the general information regarding Open Space Districts. PRIOR FY'S VS. FY 2000/2001 ASSESSMENT/COLLECTIBLE FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#10 Assrnnt/ Collection/ Assmnt/ FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assnmt +CPIIt) EDU ED.U El Rancho del Rey 6 & Casa del Rex $89.45 $87.013 $92.67 $95.02 $95.02 $88.00 $57,937 lo FY 2000/2001 assessment may be set at or below this cap without being subject to a majority protest. Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $88 per Equivalent Page 2, Item Meeting Date 7/25/00 Dwelling Unit (EDU), which is less than the assessment of $95.02. Since the budget per EDU of $91.74 exceeds the collectible mount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 76.00%. These figures were calculated on the basis of a net assessment of $57,804.00 and a total of 658.37 EDU's, as shown in Attachment B. Because this district was formed as a result of a 100% petition by the land owners and the assessment is not being raised above the CPI, as provided for in assessment formula, this district is exempt fi-om the provision of Proposition 218. OSD No. 10 PROTESTS No letters of protest have been received. FISCAL IMPACT: Staff costs associated with the Open Space program are generated by Public Works (including Open Space staff), Data Processing and Finance. Contractual costs ($29,448) are outlined in Attachment B. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund will be reimbursed $8,941 from the OSD fund for FY 2000/2001. Attachments: A District Map B Estimate of Cost H:\HOM E\ENGINEER~AGENDA/OSD I 0p2.TOM RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR OPEN SPACE DISTRICT NO. 10 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to either the Chula Vista Open Space District Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lightin~ and Landscaping Act ("Act") as contained in Streets and Highways Code Section 22500, et seq., or pursuant to the Act itself designated as Open Space District No. 10; and WHEREAS, in accordance with the Procedural Ordinance, the City Engineer has prepared a report on the spread of assessments for said Open Space and Maintenance Districts ("Engineer's Report"); and, WHEREAS, the districts are exempt from the provisions of Proposition 218 because 1) the assessments were raised by an amount equal to or below the CPI; 2) the districts were either formed at the request of 100% of the land owners; or 3) the improvements are within the street right-of-way; and, WHEREAS, on May 23, 2000, the City Council approved the Engineer's Report and set June 20, 2000 and July 25, 2000 as the dates for the public hearings; and, WHEREAS, the proposed individual assessment for Open Space District 10 for FY 2000/2001 is shown below: PRIOR FY'S VS. FY 2000/2001 ASSESSMENT/COLLECTIBLE FY 00/01 Proposed Proposed FY98/99 FY 99/00 FY 99/00 CAP: FY00/01 FY00/O1 FY00/01 Assmt/ Collection/ Assmt/ FY 99/00 Assmt/ Collection/ Revenue Open Space District No. 10 EDU EDU EDU Assmt + EDU EDU CPi(t) El Rancho del Rey 6 & $89.45 $87.00 $92.67 $95.02 $95.02 $88.00 $57,937 Casa del Rey (~) FY 2000/2001 assessment may be set at or below this cap without being subject to a majority protest. 1 NOW, THEREFORE, BE IT RESOLVED as to Open Space and Maintenance District No. 10, that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one-half of the area of the land to be assessed for the improvement and confirms the diagram and assessment contained in the modified Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of the assessment as proposed in the modified Engineer's Report for the 2000/2001 fiscal year and set forth hereinabove for Open Space and Maintenance District No. 10. Presented by Approved as to form by Director of Public Works ~t · H ~ ~home\at t orney\ reso\OS 10LeVy COUNCIL AGENDA STATEMENT mee, ITEM TITLE: Public Hearing: Open Space Distric~ No. 14 for FY 2000/2001. Resolution ordering certain Open Space and mainte be maintained, approving modification to the Engineer's Re the assessments for FY 2000/2001 Open Space District No. 14. SUBMITTED BY: Director of Public Works~ REVIEWED BY: City Manager(~'~tl~ (4/Sths V Based upon the advice of the City Attorney, agenda items [ ~ and [~3f h~ from agenda item ] ~ due to conflict of interest concerns. One Council meml subject to the proposed assessment in this District. Council should note that agenda gives all background information and details on Open Space Districts in general w to this item, but does not include specific information on Open Space District No. RECOMMENDATION: That Council: 1) Open the hearing, take testimony, close the hearing. 2) Direct staff to tally all protests. 3) Adopt the resolution to approve the modification to the Engineer's R assessments for FY 2000/2001. 4) Authorize staffto begin the process of determining assessments for FY DISCUSSION: This agenda item is the yearly resolution to assess for Open Space maintenance within No. 14 located along the north and south of Country Vistas Lane (see Attachment A). ' present year's assessment to the proposed assessment for FY 2000/2001. Agenda ire tonight's agenda contains all the general information regarding Open Space Districts. TABLE 1 PRIOR FY'S VS. FY 2000/2001 ASSESSMENT/COLLECTIBLI FY 00/01 Proposed P FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 F OSD#14 Assmnt] Collection/ Assmnt/ FY99/00 Assmnt/ EDU EDU EDU Assmnt+CPI o~ EDU Bonita Lon~ Canyon $290.98 $291.0C $301.46 $309.11 $309. i 1 (~) FY 2000/2001 assessment may be set at or below this cap without being subject to a majority prote Staffrecommends that the assessment remain the same as FY 1999/2000 plus a CPI of in the Chula Vista Municipal Code. However, staffrecommends a collectible of $293 Dwelling Unit (EDU), which is less thanthe assessment of $309.11 per EDU. Sinceth of $301.87 exceeds the collectible amount, staff recommends utilizing the fund balan /¥4 ds are available to do th ~-rve under this recommen ~nt of $255,482.00 and a rict was formed as a resul )ye the CPI, as providea )position 218. STS AND INPUT FROI~ ~eeting of June 20, 2000, t ae City's brash cleating I~ ally scheduled for May ' canyon area was compl~ er to discuss her concemt no immediate fire danget .on regarding the brash cll aorandu.m from Deputy D :m as Attachment C. :s or letters of protest per UT: ated with the Open Space essing and Finance. Con gh Op ~d throu the en Spac nbursed $37,695 from dated July 6, 2000 to Eli :errada, Depu rector File #: 0100-55 0930-30 Date: July 6, 2000 To: Elizabeth Chopp, Civil Engineer From: Jerry M. Foncerrada, Deputy Director of Parks Subject: Open Space Fuel Modification Procedure At the Council meeting of June 20, 2000, Mrs. Warstler, 1584 Chaparral Drive a resident of Bonita Long Canyon Open Space District # 14 appeared before Council and expressed concerns about the City's brush clearance program. The following information is provided regarding the Open Space's annual "brush clearance" program. First, the Open Space section works closely with the Fire Marshall's Office before the fire season to prioritize the canyon areas that need brush clearance to reduce potential fire hazards each year. In Open Space District # 14, twenty days are budgeted annually for twelve person crews from the San Diego County Probation Departments to clear the most severe areas. In addition to the days budgeted for the County Crews, the district's landscape contractor performed 28 days of fire clearance in FY 99/00 to reduce potential fire hazards noted by the Fire Marshall's Inspectors. The brush clearance includes; cutting annual grasses and weeds to a two-inch height, perennials to 18 inches and lifting the skirts of trees to 7 feet. All cuttings are removed from the area. Secondly, the following fuel modification zones serve as a guideline in prioritizing fire clearance. Zone "A" is a 30-foot defensible area from any structure, including any wooden fence. In this zone, ornamental vegetative fuel or cultivated ground cover, such as grass lawns, succulents or similar plants are allowed in this designated area. This area normally is within the private property boundary. Brush clearance will be performed for an additional 10 feet from the property line or at least thirty feet if an outbuilding is located on the property within the 30-foot zone. The homeowner is responsible is within their property. Zone "B" is the next 50-foot area. Low to moderate growing shrubs are allowed in this area. In Bonita Long Canyon, some property lines extend down slope for an additional 50 to 70 feet. The down slope gives the appearance of being part of the open space. Although zone "B" in these C:\WINDOWS\TEMP~fuel modification.doc instances is private property and is the responsibility of the homeowner, a 10-foot clearance from the property line and open space land will be cleared. Zone "C" is the area outside the first two zones. Unmodified fuel vegetation may be planted in this area. No brush clearance will be scheduled in this area. A Fire Marshall Inspector met with Mrs, Warstler on June 22 to discuss her concerns. The open space canyon behind her property was inspected and there is no immediate danger of fire. A brush clearance originally scheduled for the month of May was deferred to address more hazardous areas. This canyon area clearance was completed by June 22. One of the problems confronting the Open Space section are Districts that did not anticipate an annual brush clearance program when they were formed. Prop 218 restricts increasing assessment to fund a brush management program without a two-thirds majority vote of the district's property owners. C:\WINDOWS\TEMP\fuel modification.doc 2 / 27/ .. ~ [ · I' '[ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENA/qCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR OPEN SPACE DISTRICT NO. 14 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to either the Chula Vista Open Space District Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code Section 22500, et seq., or pursuant to the Act itself designated as Eastlake Maintenance District No. 1; and WHEREAS, in accordance with the Procedural Ordinance, the city Engineer has prepared a report on the spread of assessments for said Open Space and Maintenance Districts ("Engineer's Report,'); and, WHEREAS, the districts are exempt from the provisions of Proposition 218 because 1) the assessments were raised by an amount equal to or below the CPI; 2) the districts were either formed at the request of 100% of the land owners; or 3) the improvements are within the street right-of-way; and, WHEREAS, on May 23, 2000, the City Council approved the Engineer's Report and set June 20, 2000 and July 25, 2000 as the dates ~or the public hearings; and, WHEREAS, the proposed individual assessment for Open Space District 14 for Fiscal Year 2000-01 is shown below: PRIOR FY'S VS. FY 2000/2001ASSESSMEN~COLLECT~LE FY 00/01 Proposed Proposed FY98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 99/00 FY 00/01 Open Space Assmt/ Collection/ Assmt/ FY 99/00 Assmt/ Collection/ Revenue District No. 14 EDU EDU EDU Assmt + EDU EDU CPIol Bonita Long Cm~yon $290.98 $291.00 $301.46 $309.11 $309.11 $293.00 $255,894 r~) FY 2000/2001 assessment may be set at or below this cap without being subject to a majority protest. 1 /¥ _,? NOW, THEREFORE, BE IT RESOLVED as to Open Space District No. 14, that the City Council of the City of Chula vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one- half of the area of the land to be assessed for the improvement and confirms the diagram and assessment contained in the modified Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of the assessment as proposed in the modified Engineer's Report for the 2000-2001 fiscal year and set forth hereinabove for Open Space District No. 14. Presented by Approved as to form by John P. Lippitt ~n~ Director of Public Works ~/City Attorney H: \home \at t orney\reso\os 1 ~ levy COUNCIL AGENDA STATEMENT Item Meeting Date 7/25/00 ITEM TITLE: Public Hearing: Open Space Districts 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, Bay Boulevard, Town Centre and Eastlake Maintenance District No. 1 for FY 2000/2001. Resolution ordering certain Open Space and maintenance facilities to be maintained, approving modification to the Engineer's Report and levying the assessments for FY 2000/2001 Open Space Districts 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, Bay Boulevard, Town Centre and Eastlake Maintenance District No. 1. SUBMITTED BY: Director of Public Works[~t~ REVIEWED BY: City Manager ~ ~r2c' (4/5ths Vote: Yes No X ) The City administers 25 Open Space Districts established over the last twenty-five years. The districts provide the mechanism to finance the maintenance of common Open Space areas (canyons, trails, medians, etc.) associated with and benefitting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for proposed Open Space maintenance. Tonight's action continues the process for FY 2000/2001. In accordance with the Chula Vista Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments in Open Space Districts. On May 23, 2000, Council approved the reports and set two public hearings as required by law, the first of which was on June 20, 2000, and the second of which is tonight, to take testimony on the proposed assessments. This agenda statement includes information related to the above districts and general information related to Open Space Districts No. 10 and No. 14. RECOMMENDATION: That Council: 1) Open the hearing, take testimony, close the hearing. 2) Direct staff to tally all protests. 3) Adopt the resolution to approve modifications to the Engineer's Report and levy assessments for FY 2000/2001. 4) Authorize staff to determine assessments for FY 2001/2002. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: This agenda statement is the yearly resolution of intention to assess property owners for Open Space maintenance within the City. Table 1 contains the names and locations of the districts. Table 2 relates the present year's assessment to the proposed assessment and collectible for FY 2000/2001. After Table 2, there is some general information that applies to all districts and then each district is analyzed individually. That is followed by a description of the noticing that is required. Page 2, Item Meeting Date 7/25/00 final note, Council should be advised that two separate agenda items contain the same information on Space Districts No. 10 and No. 14 which were separated due to conflict of interest concerns. Back_mound Pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also as the "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, Chapter 17.07-Open Space Districts, the City Engineer has prepared and filed the annual reports for all existing Open Districts in the City. The name and location of each Open Space District is shown in the following TABLE 1 Open Space Districts Within the City of Chula Vista Space Name Location District # I El Rancho del Rey Units 1-4 Between East H Street and Telegraph Canyon Road east of Pasco Ranchero 2 Lark Haven South and east of Loma Verde Park 3 Rancho Robinhood Units 1 & 2 South &Allen School Lane 4 Bonita Ridge Camino Elevado 5 Southbay Villas Northern end of Crest Drive 6 Hilltop Vista Camino Vista Road 7 Zenith Units 2, 3, and 4 North and south of Palomar, east of 1-805 8 Rancho Robinhood Unit 3 Surrey Drive 9 El Rancho del Rey Units Pasco del Rey, north of Teiegraph Canyon Road 10 E1 Rancho del Rey 6 & Casa del Re¥ West of Paseo Rancho between H and J Streets 11 Hidden Vista Village East H Street, east of 1-805 14 Bonita Long Canyon North of East H Street between Otay Lakes Road and Corral Canyon Road 15 Bonita Haciendas Canyon Drive, east of Ota¥ Lakes Road 17 Bel Air Ridge Northeast of Pasco Ladem and East J Street 18 Rancho del Sur Easterly end of East Naples Street 20 Rancho del Rey North of East H Street, west of Otay Lakes Road 23 Otay Rio Business Park West of Heritage/Otay Valley Road~ south of Otay Rio Road 24 Canyon View Homes Rutgers Avenue, south of East H Street 26 Park Bonita West of the intersection of E Street and Bonita Road 31 Telegraph Canyon Estates North of Otay Lakes Rd., west of "SR 125" 33 Broadway Business Home Village West side of Broadway between J Street and K Street Page 3, Item .... Meeting Date 7/25/00 TABLE 1 Open Space Districts Within the City of Chula Vista Bay Boulevard Bay Boulevard Bay Boulevard between E Street and F Street Town Centre Town Centre Thir~ Avenue between E Street and G Street ELMD #1 Eastlake Maintenance District Along East H Street and Otay Lakes Road, adjacent to SR125 These reports were prepared by the City Engineer or under his direction and were presented to Council for approval in order to proceed with the public hearings set for June 20, 2000 at 6:00 p.m., as well as for tonight in accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in Table 1. Staff proposes for FY 2000/2001 that the assessment be kept within that amount previously approved, increasing the FY 1999/2000 assessment by an inflation factor. In all cases, staff has set each collectible lower than the proposed assessment for each district. Per the City's Municipal Code, the inflation factor is the lesser of the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in the estimated California fourth quarter per capita personal income as contained in the Governor's budget published in January of each calendar year. The CPI increase between January 1999 and January 2000 was 3.64%. The change in the estimated California fourth quarter personal income was 3.79%. Therefore, staff used the CPI increase, which was the lesser of the two figures. The CPI increase used for calculating the FY 1999/2000 assessments was inadvertently too high. Last year, staff used a CPI of 3.6% instead of the actual amount of 2.5%. In order to correct this, staff is using the CPI increase between January 1998 and January of 2000 of 6.23% and prorating the cost increase for January 1999 to January 2000, to be 2.54%. Thus, the total CPI increase for the two-year period is correct. Assessment increases equal to the CPI are not subject to majority protest. Only assessment increases over the CPI are subject to majority protest. All of the districts were formed as the result ora 100% petition by the land owners and are exempt from the provisions of Proposition 218. A_ssessments & Collectibles Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect against the assessment (collectible). The assessments for FY 2000/2001 are proposed at FY 1999/2000 amounts increased by the inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand, are equal to or less than the proposed assessments based on the budget, rese[ve requirement, savings and fund balances, including interest earnings and prior years' savings. Under staffs recommendation, none of the Open Space Districts are subject to a majority protest on the increase. The proposed assessments and collectibles for Fiscal Year 2000/2001 are as follows: Page 4, Item Meeting Date 7/25/00 TABLE 2 PRIOR FY'S VS. FY 2000/2001 ASSESSMENT/COLLECTIBLE FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD Assmnt/ Collection/ Assnmt/ FY 99/00 Assnmt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI(2) EDU EDU 1 $90.60 $40.00 $93.86 $96.25 $96.25 $47.00 $31,104 2 42.04 33.00 43.55 44.66 44.66 35.00 8,715 3 287.74 286.00 298.10 305.67 305.67 288.00 36,576 4 303.92 223.00 314.86 322.86 322.86 235.00 49,350 5 296.37 175.00 307.04 314.84 314.84 180.00 21,960 6 146.56 76.00 151.84 155,69 155.69 76.00 12,312 7 102.38 88.00 106.07 108.76 108.76 89.00 9,256 8 467.72 363.00 484.56 496.86 496.86 362.00 39,820 9 132.55 132.00 137.32 140.81 140.81 134.00 51,456 11 90.52 53.00 93.78 96.16 96.16 61.00 80,583 15 279.17 213.00 289.22 296.56 296.56 221.00 12,597 17 133.63 42.00 138.44 141.96 141.96 43.00 1,978 18 315.77 221.00 327.13 335.45 335.45 223.00 97,005 20 908,621 Zone 1 DB 48.80 0.00 50.56 51.84 51.84 0.00 (31 Zone 2 RC 3.71 3.84 3.84 3.94 3.94 3.93 Zone 3 H 5.28 4.38 5.47 5.61 5.61 4.27 Zone 4 BC 19.66 20.37 20.37 20.88 20.88 20.85 Zone 5 I 296.53 307.20 307,20 315.00 315.00 310.80 Zone 6 II 227.84 163.23 236,04 242.03 242.03 134.41 (3] Zone 7 III 140.64 145.70 145.70 149.40 149.40 149.39 8 NDB 32.42 0.00 33.59 34.44 34.44 0.00 Zone 9 TCC 25.75 13.23 26.65 27.35 27.35 13.23 (3: 23 361.03 85.00 374.03 383.53 383.53 94.00 8,272 24 541.01 447.00 560.48 574.72 574.72 448.00 17,920 26 424.61 228.00 439.90 451.07 451.07 229.00 4,351 3 ! 438.62 1.00 454.41 465.95 465.95 1.00 321 33 1,084.01 0.00 1,123.03 1,151.55 1,151.55 0.00 Boulevard (4) 1,391.30 815.33 815.33 845.07 845.07 845.07 5,400 Centre (~1 48.50 0.023443 0.095222 0.098688 0.098688 0.034804 17,841 ELMD #1~6~ 217,967.10 Eastlake I 10.04 9.07 10.40 10.67 10.67 9.70 (61 B Greens 16.42 12.13 17.01 17.44 17.44 12.92 C OTC 136.00 6.12 140.90 144.47 144.47 5.80 Salt Creek 181.38 175.44 187.91 192.68 192.68 177.80 TC Channel 25.86 l 3.28 26.79 27.47 27.47 12.88 (See notes on next page.) Page 5, Item Meeting Date 7/25/00 i~ Represented average residential assessment in SPA I. ~2~ FY 1999/2000 assessment may be set at or below this cap without being subject to a majority protest. ~3~ Revenue for all zones included in overall District 20 amount. 141 Bay Boulevard rates based on acres for FY 1999/2000 and 2000/2001. I~l Town Cenlre rates based on lot square footage for FY 1999/2000 and 2000/2001. 161 Revenue for all zones included in overall ELMD ! amount. In general, most budgets have increased due to adjustments in water and contract services. The increase in water is due to projected rate increases and the increase in contract services is due to a CPI clause on contracts. Savings fi.om prior years are proposed to be used to supplement propet~y owners' collections to provide revenue needed for FY 2000/2001 maintenance while maintaining reserves between 50%-65% (City Code requires reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property owners' direction to return as much excess funds as practical. However, where maintaining a 65% reserve could result in future steep rate increases (i.e., the budget for the District is higher than the collectible), staff recommends maintaining the current rate. For those Districts where the reserve still exceeds 50-65%, staff recommends using the savings to offset some of the assessments to give lower collectibles. This practice should help avoid reserves in excess of 100% in future years, thereby avoiding processing refund checks. Staff generally tries to keep assessments within the CPI amount allowed by the Municipal Code each year. The following summarizes major changes for each District. Pursuant to the ordinance, staff has made a distinction between the assessment and collectible amount; the assessment, estimated cost and collection will become the same number whenever an increase in assessment is necessary. The proposed assessment per EDU for FY 2000/2001 represents, in all cases, the prior year's assessment with an inflation factor of 2.54%. The assessment per EDU is the figure to be mailed to property owners and the collectible is the amount to be collected which is affected by reserves, savings, etc. The collectible per EDU reflects impacts of reserve requirements, ending fund balances and savings. For a detailed outline, see Attachment A. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 9.9/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD #1 Assmnt/ Collection/ Assmnt/ FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU E1 Rancho del Rey $90.60 $40.00 $93.86 $96.25 $96.25 $47.00 $31,104 Units I-4 Staffrecommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $47.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $96.25. Since the budget per EDU of $77.15 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 60.00%. The General Fund will be reimbursed $7,762 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $30,931.00 and a total of 661.79 EDU's, as shown in Attachment A. Page 6, Item Meeting Date 7/25/00 FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD #2 Assmnt/ Collection/ Assmnt/ FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Lark Haven $42.04 $33.00 $43.55 $44.66 $44.66 $35.00 $8,715 Staffrecommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staffr¢commends a collectible of $35.00 per EDU, which isless than the assessment of $44.66. Since the budget perEDU of $45.33 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 80.00%. The General Fund will be reimbursed $2,144 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $8,808.00 and a total of 249.00 EDU's, as shown in Attachment A. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD #3 Assnmt/ Collection/ Assmnff FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Rancho Robinhood $287.74 $286.00 $298.10 $305.67 $305.67 $288.00 $36,576 Units I & 2 Staffrecommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. Staffrecommends a collectible of $288.00 per EDU, which is less than the assessment of $305.67. Since the budget per EDU of $320.04 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 80.00%. The General Fund will be reimbursed $6,290 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $36,519.00 and a total of 127.00 EDU's, as shown in Attachment A. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSDg4 Assmnt/ Collection/ Assmnff FY 99/00 Assnmt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Bonita Ridl~e $303.92 $223.00 $314.86 $322.86 $322.86 $235.00 $49,350 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $235.00 per EDU, which Page 7, Item Meeting Date 7/25/00 is less than the assessment of $322.86 per EDU. Since the budget per EDU of $279.80 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 64.00%. The General Fund will be reimbursed $8,818 for City staffservices fi:om the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis ora net assessment of $49,315.00 and a total of 122.00 EDU's, as shown in Attachment A. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#5 Assmnt/ Collection/ AssmntY FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assnmt + CPI EDU EDU Southbay Villas $296.37 $175.00 $307.04 $314.84 $314.84 $180.00 $21,960 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $180.00 per EDU, which is less than the assessment of $314.84 per EDU. Since the budget per EDU of $259.27 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65.00%. The General Fund will be reimbursed $5,012 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis ora net assessment of $21,982.00 and a total of 122.00 EDU's, as shown in Attachment A. FY 00/01 Proposed Proposed FY98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#6 Assmnt/ Collection/ AssmntY FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Hilltop Vista $146.56 $76.00 $151.84 $155.69 $155.69 $76.00 $12,312 Staffrecommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $76.00 per EDU, which is less than the assessment of $155.69 per EDU. Since the budget per EDU of $97.40 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 75.00%. The General Fund will be reimbursed $2,777 for City staffservices fi:om the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $12,324.00 and a total of 162.00 EDU's, as shown in Attachment A. FY 00/01 Proposed FY Proposed FY 98/99 FY 99/00 FY 99/00 CAP: 00/01 FY 00/01 FY 00/01 OSD#7 Assmnff Collection/ Assmnt/ FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Zenith Units 2, 3, & 4 $102.38 $88.00 $106.07 $108.76 $108.76 $89.00 $9,256 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $89,00 per EDU, which is less than the assessment of $108.76 per EDU. Since the budget per EDU of $102.38 exceeds the Page 8, Item Meeting Date 7/25/00 collectible mount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 82.00%. The General Fund will be reimbursed $2,055 for City staff services fi.om the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $9,241.00 and a total of 104.00 EDU's, as shown in Attachment A. FY 00/01 Proposed FY Proposed FY 98/99 FY99/00 FY99/00 CAP: 00/01 FY 00/01 FY 00/01 OSD#8 Assmnff Collection/ Assmnff FY99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Rancho Robinhood $467.72 $363.00 $484.56 $496.86 $496.86 $362.00 $39,820 Unit 3 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $362.00 per EDU, which is less than the assessment of $496.86 per EDU. Since the budget per EDU of $409.95 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 73.00%. The General Fund will be reimbursed $6,892 for City staffserviees fi.om the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $39,833.00 and a total of 110.00 EDU's, as shown in Attachment A. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#9 Assnmt/ Collection/ Assnmff FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU El Rancho del Re), Units $132.55 $132.00 $137.32 $140.81 $140.81 $134.00 $51,456 Staffrecommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $134.00 per EDU, which is less than the assessment of $140.81 per EDU. Since the budget per EDU of $156.29 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 76.00%. The General Fund will be reimbursed $9,024 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $51,588.00 and a total of 384.00 EDU's, as shown in Attachment A. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#11 Assmnt/ Collection/ Assmnff FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Hidden Vista Village $90.52 $53.00 $93.78 $96.16 $96.16 $61.00 $80,583 Page 9, Item Meeting Date 7/25/00 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $61.00 per EDU, which is less than the assessment of $96.16 per EDU. Since the budget per EDU of $102.40 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 55.00%. The General Fund will be reimbursed $34,474 for City staff services f~om the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $80,567.00 and a total of 1,321.03 EDU's, as shown in Attachment A. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#15 Assmn~/ Collection/ Assmnff FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Bonita Haciendas $279.17 $213.00 $289.22 $296.56 $296.56 $221.00 $12,597 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $221.00 per EDU, which is less than the assessment of$296.56perEDU. SincethebudgetperEDUof$284.25 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 68.00%. The General Fund will be reimbursed $2,825 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $12,600.00 and a total of 57.00 EDU's, as shown in Attachment A. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#17 Assmnt/ Collection/ Assmnt/ FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Bel Air Ridge $133.63 $42.00 $138.44 $141.96 $141.96 $43.00 $1,978 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $43.00 per EDU, which is less than the assessment of $141.96 per EDU. Since the budget per EDU of $116.28 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 95.00%. The General Fund will be reimbursed $2,336 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated based on a net assessment of $1,985.00 and a total of 46.00 EDU's, as shown in Attachment A. FY 00/01 Proposed Proposed FY 98/99 FY99/00 FY99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#18 Assmm/ Collection/ Assrnnt/ FY99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Rancho del Sur $315.77 $221.00 $327.14 $335.45 $335.45 $223.00 $97,005 Page 10, Item Meeting Date 7/25/00 Staffrecommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staffrecommends a collectible of $223.00 per EDU, which is less than the assessment of $335.45 per EDU. Since the budget per EDU of $264.15 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 76.00%. The General Fund will be reimbursed $16,547 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $97,023.00 and a total of 435.00 EDU's, as shown in Attachment A. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#20 Assmnt/ Collection/ Assnmt] FY 99/00 Assnmff Collection/ Revenue EDU EDU EDU Assnmt + CPI EDU EDU Rancho del Rey $908,621 Zone 1 - Desilt Basin $48.80 $0.00 $50.56 $51.84 $51.84 $0.00 (3) Zone 2 - Rice Canyon 3.71 3.84 3.84 3.94 3.94 3.93 1 Zone 3 - H St. 5.28 4.38 5.47 5.61. 5.61 4.27 (3) Zone 4 - Business Center 19.66 20.37 20.37 20.88 20.88 20.85 (3) Zone 5- SPA I 296.53 307.20 307.20 315.00 315.00 310.80 (3) Zone 6 - SPA II 227.84 163.23 236.04 242.03 242.03 134.41 (3) Zone 7 - SPA III 140.64 145.70 145.70 149.40 149.40 149.39 (3) Zone 8 - North Desilting 32.42 0.00 33.59 34.44 34.44 0.00 (3) Basin Zone 9 - Telegraph 25.75 13.23 26.65 27.35 27.35 13.23 (3) Canyon Channel (3) Revenue for all zones included in overall District 20 amount. Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA 1 is almost completely developed, SPA II and SPA III homes are under construction. The OSD was established in 1989 encompassing all three areas with the understanding that open space improvements would be constructed in phases. Because this is a large district and not all of the items to be maintained have a benefit to the entire district, OSD 20 is made up of several zones as indicated above. Every property within the district is in more than one zone. TABLE 3 Rancho del ReyTypical Combined Assessment (FY 2000/2001) !SPA I (Zones 1 or 8, 2, 3, & 5) $342 SPA II {Zones 1 or 8, 2, 3, & 6) $304 SPA III {Zones I or 9, 3, & 7) $166 Business Centre {Zones 1, 2, 3, & 4) * · Industrial {per acre) $944 · Commercial (per acre) $1,187 Staffrecommends that the assessments remain the same for each zone as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. In each of these zones, staffrecommends a collectible which Page 11, Item__ Meeting Date 7/25/00 is equal to or below the proposed assessment. The reserves for each zone vary depending upon the budgets, reserves and amortized costs (see budget worksheet). The reserve requirement for this district is acceptable, pursuant to City Munieipa! Code. The General Fund will be reimbursed $139,274 for City staff services from the Open Space District Fund for FY 2000/2001. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/0l FY00/01 OSD#23 AssmntJ Collection/ Assmnff FY 99/00 Assmnff Collection/ Revenue EDU EDU EDU Assrant + CPI EDU EDU Otay Rio Business Park $361.03 $85.00 $374.03 $383.53 $383.53 $94.00 $8,272 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible 0£$94.00 per EDU, which is less than the assessment of $383.53 per EDU. Since the budget per EDU of $145.07 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 55.00%. The General Fund will be reimbursed $2,379 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $8,389.00 and a total of 89.17 EDU's, as shown in Attachment A. Additional landscaping improvements which would benefit properties in this District are being added along Otay Valley Road. Since maintenance of these improvements would increase the assessment amount above that authorized for the District, we plan to bill these costs to the property owners under a reimbursement agreement for FY 2000/2001. We anticipate that this District will be amended to include both new and existing improvements for FY 2001/2002. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#24 Assmnt] Collection/ Assmnt] FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Canyon View Homes $541.01 $447.00 $560.49 $574.72 $574.72 $448.00 $17,92C Note: OSD 24 consists of only 40 townhomes shafin$ in the cost of lar[ge, landscaped adjacent slopes. Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $448.00 per EDU, which is less than the assessment of $574.72 per EDU. Since the budget per EDU of $352.89 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 72.00%. The General Fund will be reimbursed $1,479 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $4,342.00 and a total of 19.00 EDU's, as shown in Attachment A. / 5-// Page 12, Item Meeting Date 7/25/00 FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#26 Assmnff Collection/ Assmnff FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Park Bonita $424.61 $228.00 $439.90 $451.07 $451.07 $229.00 $4,351 Staff recommends that the assessment remain the same as FY1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staffrecommends a collectible of $229.00 per EDU, which is less than the assessment of $451.07 per EDU. Since the budget per EDU of $352.89 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 72.00%. The General Fund will be reimbursed $1,479 for City staffservices from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $4,342.00 and a total of 19.00 EDU's, as shown in Attachment A. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#31 Assnmt/ Collection/ Assmnt/ FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Telegraph Canyon $438.62 $1.00 $454.41 $465.95 $465.95 $1.00 $321 Estates Staffrecommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. However, staffrecommends a collectible orS1.00 per EDU, which is less than the assessment of $465.95 per EDU. Since the budget per EDU of $286.52 exceeds the collectible amount, staffrecommends utilizing the fund balance to make up the difference. Funds are available because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund will be reimbursed $14,514 for City staffservices from the Open Space District Fund for FY 2000/2001. There have been excess funds available in this district because staff anticipated that the turnover of improvements would occur in FY 1994/1995. Therefore, staffbegan collecting the assessment with the belief that the City would begin maintenance that fiscal year. However, turnover of improvements did not occur (except the medians), because The Baldwin Company, the original owner, did not complete the improvements prior to going bankrupt. This left excess funds in the district and no revenue was collected in FY 1995/1996. For FY 1996/1997, staff anticipated that the turnover of improvements would occur that fiscal year and, therefore, collected $271 per EDU. Since turnover of improvements did not occur because a guest builder did not develop the property as anticipated, only $1 per EDU was collected in FY1997/1998. For FY 1998/1999, it was anticipated that the turnover of improvements would occur in July of 1998 and therefore $108 per EDU was collected. However, only a portion of the improvements were turned over to the City, which has le~ excess funds. Although it had been anticipated that the turnover of additional improvements would occur during FY 1999/2000, only $1 per EDU was collected that fiscal year. Turnover of additional improvements may occur in a future fiscal year, but staff recommends that only $1.00 per EDU be collected again for FY 2000/2001. Funds are available to do this because of prior years' excess funds. Page 13, Item Meeting Date 7/25/00 FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD#33 Assmnt/ Collection/ Assmnt/ FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU Broadway Business $1,072.22 $0.00 $1,084.01 $1,123.04 $1,123.04 $0.00 $0 Home Villase No funds collected since inception. Staff recommends that the assessment remain the same as FY 1999/2000. The budget per EDU is $0.00, therefore, staff recommends a collectible of $0.00 per EDU. The reserve under this recommendation will be 0%, since no construction is anticipated to be completed during FY 2000/2001. Community Development has requested, since FY 1996/1997, that no funds be collected because no construction has been done on this project. However, staff may recommend collecting revenue for FY 2001/2002 because funds will be needed to do required open space maintenance if construction is completed during that fiscal year. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 Assmnt/ Collection/ Assrnnff FY 99/00 Assmnt/ Collection/ Revenue EDU Acre Acre Assmnt+CPI Acre Acre Bay Boulevard $1,391.30 $815.336 $815.336 $845.07 $845.07 $845.07 $5,400 This District was re-established in FY 1999/2000 on the basis of acreage. Staff recommends that the assessment remain the same as FY 1999/2000 plus an increase of approximately 3.64%, as permitted in the Engineer's Report for this District. Staff recommends a collectible of $845.07 per acre, which is equal to the assessment per acre of $845.07. Since the budget of $2,436.15 per acre exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 38%. The General Fund will be reimbursed $9,841 for City staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a total of 6.39 acres, as shown in Attachment A. Since the budget exceeds the proposed assessment and the reserve is only 38%, Public Works staff will review the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. There is also the possibility that staffmay consider conducting a ballot process next year to increase the assessment amount. FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 Assmnff Collection/ Assmnff FY 99/00 Assmnl/ Collection/ Revenue EDU Sq. Ft. Sq. Ft. Assmnt+CPI Sq. Ft. Sq. Ft. Town Centre $48.50 $0.023433 $0.023433 $0.098688 $0.098688 $0.034804 $17,841 Page 14, Item Meeting Date 7/25/00 This District was m-established in FY 1999/2000 onthebasis of square footage. Staffmcommends thatthe assessment remain the same as FY 1999/2000 plus an increase of approximately 3.64%, as permitted in the Engineer's Report for this District. Staff recommends a collectible of $0.034804 per square foot, which is less than the assessment of $0.098688 per square foot. Since the budget per square foot of $0.095548 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 63.00%. The General Fund will be reimbursed $2,530 for City staff services fi.om the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $18,820.00 and a total of 512, 612 square feet, as shown in Attachment A. Property and business owners in this district have expressed an interest in forming a Business Improvement District to maintain enhanced improvements within the district in the future. Should that be the case, this Open Space District would no longer be needed. FY 00/01 Proposed Proposed Eastlake Maintenance FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 District No. 1 Assrnnt/ Collection/ Assmnt/ FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt + CPI EDU EDU ELMD #1°) $217,967.10 Otay Lakes Road Zone A - Eastlake I $10.04 ~ $9.07 $10.40 $10.67 $10.67 $9.70 Zone B - Eastlake Greens 16.42 12.13 17.01 17.44 17.44 12.92 Zone C - Olympic 136.00 6.12 140.90 144.47 144.47 5.80 Trainin[~ Centre Zone D - Salt Creek I 181.38 175.44 187.91 192.68 192.68 177.80 la) Zone E - Telegraph 25.86 13.28 26.79 27.47 27.47 12.88 Canyon Channel(2) ol All areas share in the cost of Otay Lakes Road medians and off-site parkways. (2) Portions ofEastlake IBC and Eastlake Greens are in benefit area. o} Revenue for all zones included in overall Eastlake Maintenance District amount. Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within ELMD 1. The Eastlake Business Centre parcels' assessment is shown at $352.37 per acre. Staffrecommends that the assessments for each of the areas remain the same as FY 1999/2000 plus a CPI of 2.54% as set forth in the Chula Vista Municipal Code. Staff recommends an annual collectible, as shown in Table 1, which is below the assessment amount. The reserve for each zone is at 65% or above. Olympic Training Centre On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ARCO Olympic Training Centre to continue maintenance of Wueste Road landscape improvements. Incorporated in this agreement are safeguards to ensure maintenance is performed to City standards. Them are indemaity provisions for both parties for use of paths along Wueste Road. However, OTC turned over to the City maintenance of a median on East Orange Avenue. Staffrecommends setting the collectible at $1.35 per EDU to cover maintenance cost. Public Works' staff(Open Space) has Page 15, Item__ Meeting Date 7/25/00 indicated that OTC will continue maintenance of Wueste Road landscape improvements until the Eastlake Trails' property has been developed. After this occurs, OTC will turn over all maintenance to the City as property owners within Eastlake Trails will share the maintenance cost. Presently, OTC is maintaining Wueste Road slopes through a landscape maintenance ~rm that performs services within the Training Centre at a price lower than a typical City solicited price. Landscape maintenance £u'ms sometimes subsidize maintenance of high visibility, high publicity areas to take advantage of publicity opportunities such sites can provide. The proposed assessment was developed on the basis of the City maintaining all Wueste Road landscape improvements. Until the City takes over maintenance, there will continue to be a large difference between the collectible and the proposed assessment. Notice The public hearings were noticed pursuant to Government Code 6063 which requires that notice be published in a newspaper of general circulation (the Star-News) at least 10 days before the second public hearing. Staffmailed notice of the hearings to all Open Space Dist~cts. The notice informed the resident of his/her district, the existing assessment for FY 1999/2000, the CPI adjustment and proposed assessment for FY 2000/2001. Approximately 14,000 properties received notice in this manner. Plans, specifications, and assessment roll are on file in the Public Works/Engineering office. OSD PROTESTS: The following is a summary of protests received for the City's Open Space Districts: For Open Space District Nos. 1-9, 11, 15, 17, 18, 23, 24, 26, 31, 33, Bay Boulevard and Town Centre: No letters of protest received. For Open Space District No. 20: 1 letter protesting assessment increase by Mr. Julio C. Juarez. 1 letter protesting assessment increase by Mr. Oscar Ojeda. For Eastlake Maintenance District No. 1: I letter protesting assessment increase by Ms. Elizabeth Megan. In addition, staffhas received a total of thirteen (13) telephone calls from residents regarding the City's Open Space Districts. Five of these calls pertained to Open Space District No. 20; two of these calls pertained each to Open Space Districts No. 4 and No. 14, one call pertained to No. 1 and No. 18, and one call apiece pertained to Open Space Districts No. 3, No. 11 and Eastlake. All of these were inquiries into the accuracy of the assessments and collectibles except for two which were inquiries into continuing or proposed maintenance. Copies of the letters received are provided in Attachment C. Page 16, Item Meeting Date 7/25/00 FISCAL IMPACT: Staffcosts associated with the Open Space prOgram are generated by Public Works (including Open Space staff), Data Processing and Finance. Contractual costs ($925,747) are outlined in Attachment A. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The total General Fund reimbursement for City staffservices from the above listed Open Space District Funds for FY 2000/2001 is estimated to be $384,277. Attachments: A District Maps B Cost Summary C Letters from Property Owners H :g-IOMEkENGINEE RkAGENDA\O$ RI00p2.TO M 0725-30 -OSD 00 A,VM:I:I~:::I gOg-I I ! · I T o E NNNNNNNNN Rancho del Rey Open Space District No. 20 Amortized Costs Amount Accumulated for Fiscal Years: 90-91, 91-92, 92-93, 93-94, 94-95, 95-96, FY 00-0'1 Zone Description 96-97, 97-98, 98-99, 99-00 Amount Work Description 1 Desilting Basin $134,818 $0 Desilting basin maintenance (every 5 years) at E. H St. $33,500 $0 Stabilization stuuctures maintenance (every 3 years) $3,649 Miscellaneous 2 Rice Canyon $0 $0 Staging Ama - A.C. overlay and stripe (every 5 years Trail area $585 $228 Staging area maintenance (30 year period) $0 $0 Miscellaneous 3 E. H street $0 $0 4 SPA 1 Phase 1 $40,020 $4,002 Monumentation replacement (30-yr period) Business Ctr.) 5 SPA 1, Phases 2-6 $362,210 $34,617 Theme wall & monument replacement (30-yr) 6 SPA 2 $0 $0 7 SPA 3 $0 $0 8 Desilting Basin $0 $0 Access Road to be built. at Glen Abbey 9 Telegraph Cyn Chanr $3,610 $722 Money on deposit pending payment (SPA 3 area) Total $578,392 $39,569 Notes: 1. Zone 1 - $26,230 (5 yrs) & $6,700 (3 yrs) for desilting basin & stabilization structures not collected beyond 5 yrs per Code; Zone 2 $873 (5 yrs) for AC not collected. 2. Zone 2 - $12,044 from misc reserve used for mtc (95/96). 3. Zone 2 & 3 - Amortized cost for walls not determined. 4. Zone 2 - $3,990 from misc reserve used for mtc (FY97/98). 5. Zone 2 - $8,470 from misc reserve used for mtc (FY98/99). 6. Zone 2 - $4,365 from Staging Area - A.C. overlay and stripe (FY98/99). 7, Zone 2 - $1,695 from Staging area maint (FY98/99). 8. Zones 6 & 7 - Theme wall/monumentation to be added. 9. Zone 8 - Amortize cost at 2 years pending construction of access road. 10. Zone 9 - See TC spreadsheet for cost breakdown on channel. h:~home\engineer~openspac~99rdrann.wq 1 4/23/99 June 26, 2000 Julio & Jeanette Juarez 1248 St. Helena Avenue Chula Vista, CA 91913 City of Chula Vista City Clerk 276 Fourth Avenue Chula Vista, CA 91910 SUBJECT: Opposition to proposed annual Maintenance Assessment. OSD# DIST20 City Clerk: .. Please consider this our written opposition to any proposed increase of the open space assessment currently being levied on our property tax bill. A reduction or complete abolishment of this fee would be a welcomed change to Chula Vista citizens who are in need of a tax relief. We are confident that the necessary funds to maintain the Open Space District Areas can be derived from the recently approved $200 million city budget without further tax or fee increases. As voting members of the community, we will show our disapproval of such increases at the ballot box. Sincerely, Julio C. Juarez 15'- RECEIVED '00 &1~127 ~1:31 June 25, 2000 CITY OF CHULA VIS]-;~ CITY CLERK'S OFFIC~ City of Chula Vista City Clerk 276 Fourth Avenue Chula Vista, CA 91910 Gentlemen: I am in receipt ora letter regarding a meeting for the annual assessment for maintenance oftbe open space district, I received this letter on the day of the hearing, which was convenient for the City of Chula Vista, that way no one could get to this meeting due to other commith.ents. I am opposed to any increase for maintenance of open spaces. They should be left alone and just be natural. The problem with the city of Chula Vista is that to much growth is going on, as we are residents of Eastlake, an area that is out of control_ All natural land has been leveled or will be soon and there is no habitat for the wildlife left. Isn't this sad. Consquently the weather will just keep getting more humid and hot. As all trees and vegetation have been removed. In the area that I live, they have been in the process of cutting more and more trees downs. As for conservation you and they do not know the meaning of the word. I believe that any maintenance needed done on these lands should be covered in the taxes you obtain from every homeowner on their real estate. And that is enough. Perhaps you should refrain from purchasing new equipment all the time, such as new trucks, police cruisers, etc. Instead of just constantly raising taxes, perhaps you could find a way to lower them. Thank You. Elizabeth Megan 1189 Pacific Grove Loop Chula Vista, CA 91915 Jtme 22, 2000 Oscar & Elizabeth Ojeda 1088 Camino Del Sol Chula Vista, CA 91910 City of Chula Vista City Clerk 276 Fourth Avenue Chula Vista, CA 91910 SUBJECT: Opposition to proposed annual Maintenance Assessment. OSD# DIST20 City Clerk: Please consider this our written opposition to any proposed increase of the open space assessment currently being levied on our property tax bill. A reduction or complete abolishment of this fee would be a welcomed change to Chula Vista citizens who are in need of tax relief. We are confident that the necessary fimds to maintain the Open Space District Areas can be derived fi.om the recently approved $200 million city budget without further tax or fee increases. As voting members of the community, we will show our disapproval of such increases at the ballot box. Sincerely, Oscar Ojeda C 5Docs\OscafChulaVista.wpd RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN. OPEN SPACE AND MAINTENAiqCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT, AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD, TOWN CENTRE AND EASTLAKE MAINTENANCE DISTRICT NO. 1 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to either the Chula Vista Open Space District Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code Section 22500, et seq., or pursuant to the Act itself designated as follows: 1. Open Space District Nos. 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31 and 33. 2. Bay Boulevard, Town Centre and Eastlake Maintenance District No. 1. WHEREAS, the districts are exempt from the provisions of Proposition 218 because 1) the assessments were raised by an amount equal to or below the CPI; 2) the districts were either formed at the request of 100% of the land owners; or 3) the improvements are within the street right-of-way; and, WHEREAS, in accordance with the Procedural Ordinance, the City Engineer has prepared a report on the spread of assessments for said Open Space and Maintenance Districts ("Engineer's Report"); and, WHEREAS, on May 23, 2000, the City Council approved the Engineer's Reports and set June 20 and July 25, 2000 as the dates for the public hearings; and, WHEREAS, the proposed individual assessments for Fiscal Year 2000-2001 as they compare to the last year are shown below: PRIOR FY'S VS. FY 2000/2001 ASSESSMENT/COLLECTIBLE FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD Assmnt/ Collection/ Assmnt/ FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt EDU EDU + CPI~ 1 $90.60 $40. O0 $93.86 $96.25 $96.25 $47. O0 $31,104 2 42.04 33.00 43.55 44.66 44.66 35.00 8,713 3 287.74 286.00 298.10 305.67 305.67 288.00 36,576 4 303.92 223. O0 314. 86 322.86 322.86 235. O0 49, 350 5 296.37 175.00 307,04 314.84 314.84 180.00 21,966 6 146.56 76.00 151,84 155.69 155.69 76.00 12,312 7 102.38 88.00 106.07 108.76 108.76 89.00 9,256 8 467.72 363.00 484.56 496.86 496.86 362.00 39,820 9 132.55 132.00 137.32 140.81 140.81 134.00 51,456 11 90.52 53.00 93.78 96.16 96.16 61.00 80,583 15 279.17 213.00 289.22 296.56 296.56 221.00 12,597 17 133.63 42.00 138.44 141.96 141.96 43.00 1,978 18 315.77 221.00 327.13 335.45 335.45 223.00 97, oo51 20 908, 621 Zone 1 DB 48.80 0.00 50.56 51.84 51.84 0.00 a~ Zone 2 RC 3.71 3.84 3.84; 3.94 3.94 3.93 ~) Zoue 3 H 5.28 4.38 5.47 5.61 5.61 4.27 ~ Zone 4 BC 19.66 20.37 20.37 20.88 20.88 20.85 a~ Zone 5 1 296.53 307.20 307.20 315.00 315.00 310.80 o~ Zone 6 H 227.84 163.23 236.04 242.03 242.03 134.41 o~ Zone 7 II1 140.64 145.70 145.70 149.40 149.40 149.39 ~ 8 NDB 32.42 0.00 33.59 34.44 34.44 0.00 ~ 9 TCC 25.75 13.23 26.65 27.35 27.35 13.23 o~ 23 361.03 85.00 374.03 383.53 383.53 94.00 8,272 24 541.01 447.00 560.48 574.72 574.72 448.00 17,920 26 424.61 228.00 439.90 451.07 451.07 229.00 4,351 2 FY 00/01 Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/01 OSD Assmnt/ Collection/ Assmnt/ FY 99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt EDU EDU + CPIa~ 31 438.62 1.00 454.41 465.95 465.95 1.00 321 33 1,084.0I 0.00 1,123.03 1,151.55 1,151.55 0.00 0 Bay Boulevard (4~ 1,391.30 815.33 815.33 845.07 845.07 845.07 5,400 Town Centre (s~ 48.50 0.023443 0.095222 0.098688 0.098688 0.034804 17,841 ELMD #1 ~6~ 217, 967.10 Zone A Eastlake I 10.04 9.07 10.40 10.67 10.67 9.70 ~ Zone B Greens 16.42 12.13 17.01 17.44 17.44 12.92 ~6~ Zone C OTC 136.00 6.12 140.90 144.47 144.47 5.80 ~ Zone D Salt Creek 181.38 175.44 187.91 192.68 192.68 177.80 ~ Zone E TC Channel 25.86 13.28 26.79 27.47 27.47 12.88 ~ a~ Represented average residential assessment itt SPA L tz~ FY 1999/2000 assessment may be set at or below this cap without being subject to a majority protest. o~ Revenue for all zones included itt overall District 20 amount. ~4~ Bay Boulevard rates based on acres for FY 1999/2000 and 2000/2001. ~5) Town Centre rates based on lot square footage for FY 1999/2000 and 2000/2001. ~6~ Revenue for all zones included in overall ELMD 1 amount. NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts herein referenced that the City Council of the City of Chula Vista does hereby find that written protests a~ainst the proposed assessment adjustment has not been made by owners representing more than one-half of the area of the land to be assessed from the improvement and confirms the diagram and assessment contained in the modified Engineer's Report, and orders the open space and maintenance facilities to be main- tained. The adoption of this resolution shall constitute the levy of the assessments as proposed in the modified Engineer's Report for the 2000-01 fiscal year and set forth hereinabove for Open Space Districts 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, Bay Boulevard, Town Centre and Eastlake Maintenance District No. 1. Presented by Approved as to form by John P. Lippitt, Director of J~/M. Kaheny Public Works ~y Attorney H: \home \lorraine\r s \OsLevy. all I ! · 1 1' COUNCIL AGENDA STATEMENT Item: Meeting Date: 7/25~00 ITEM TITLE: Public Hearing: Conditional Use Permit PCC 00-33, proposal to allow for a 40-tt. nigh "monopaLm,' at 740 Hilltop Drive. Resolution: of the Chula Vista City Council granting a Conditional Use Permit, PCC 00-33, for NexTel Communications to construct an unmanned cellular communications facility located at 740 Hilltop Drive. SUBMITTED BY: Director of Planning and Building ff~ REVIEWED BY: City Manager ~,¢~v (4/5thsVote: Yes NoX~ NexTel Communications is requesting permission to install, operate, and maintain an unmanned cellular communication facility at 740 Hilltop Drive (Hilltop Baptist Church). The monopole will consist of a faux palm tree design, complete with a round trunk and "pineapple" core below the plastic palm fronds mounted on the top of the pole. There will be 3 antenna arms with an array of 4 antennas each, for a total of 12 panel antennas mounted on the monopalm, with a 200-sq. ft. equipment building located below. Two new real palm trees will surround the monopalm, and new shrubbery will screen the equipment building. The Environmental Review Coordinator has concluded that this project is a Class 3(c) categorical exemption from environmental review (CEQA Section 15303 (c) --- new construction of small structures). RECOMMENDATION: That the City Council approve the attached resolution. BOARDS/COMMISSIONSRECOMMENDATION: On June 7, 2000, the Planning Commission voted (5-0-2-0) to adopt Resolution PCC-00-33 recommending that the City Council conditionally approve the proposed cellular facility. The Planning Commission added language to address continued maintenance of the palm fronds and palm tree when the appearance of the faux elements becomes dull over time, and that the applicant provide additional information about interference noise on cell phones as it relates to this installation, due to such concerns by cell phone users in the neighboring area. DISCUSSION: 1. Site Characteristics: The site currently consists ora vacant area to the rear of the Hilltop Baptist Church. The area is level with no elevation changes proposed. The entry to the site is the church driveway from Hilltop Drive Page2, Item: Meeting Date: 7/25/00 through a parking lot. The chapel and a pre-school building with a playground are in the front and adjacent on the property. Hilltop Park and a tree house are beyond the rear property line where the monopalm would be located, and residential properties are to the north and west. 2. General Plan, Zoning and Land Use: GENERAL PLAN ZONING CURRENT LAND USE Site: Low Medium Residential R-1 Hilltop Baptist Church North: Low Medium Residential R-1 Single Family Home South: Low Medium Residential R-1 Hilltop Park East: Low Medium Residential R-1 Hilltop Middle School West: Low Medium Residential R-1 Single Family Home/Hilltop Park 3. Proposal: NexTel Communications proposes to construct an unmanned cellular communication facility in the northwesterly comer of the subject property. The facility would consist of a 40-ft. high monopalm and a 200-sq. ft. enclosure including a radio equipment building. The monopalm will consist of 3 antenna arms with an array of 4 antennas each, for a total of 12 panel antennas. The aesthetic treatment includes a faux palm tree design, complete with a round trunk and "pineapple" core below plastic palm fronds mounted on the top of the "trunk." Two new real palm trees will surround the monopalm, and new shrubbery will screen the equipment building. Wireless communication facilities, when not integrated into an existing building or facility, are considered to be an "unclassified use" (Section 19.54.020N of the Chula Vista Municipal Code). Such uses shall be considered by the City Council upon recommendation by the Planning Commission. The height limitation in the R-1 zone is or 28-ft. or two and one-half stories; however, the height limitation may be adjusted through the conditional use permit process. 4. Analysis: All telecommunication providers are encouraged to attach their facilities to existing structures. However, because of the low-rise nature of development in Chula Vista, there are a limited number of locations in our City that reach the heights necessary to cover providers' service area. Therefore, the need for new facilities to meet the customer demand for telecommunication facilities continues to arise. As a result, there are a number ofmonopole facilities currently in Chula Vista, many consist'mg of monopoles of up to 60-ft. in height. Similar Establishments: There are several monopole facilities currently in the City of Chula Vista. Those facilities include the PacTel and U. S. West sites adjacent to I-5 and south of Anita Street (60-fi. high monopole). Other sites include AirTouch and NexTel cellular communication facilities located on top of the Sharp Chula Vista Medical Center at 751 Medical Center Drive, and 625 H Street (at Broadway). A Page3, Item: Meeting Date: 7/25/00 60-ft. high monopole is also situated at 428 Broadway, which was originally submitted as a monopalm. Co-locating In conformance with City policy, the applicant was required to investigate options for co-location with other telecommunication facilities. The applicant investigated the nearest competitor site approximately 1.2 miles south of the proposed site. The engineering staff for the applicant disapproved the candidate site because it could only serve 30 percent of the service area objective, and would duplicate some of the coverage currently being provided by one of their existing facilities located 0.5 miles to the southwest. Emissions The applicant will be required to submit proof of compliance with ANSI standards on emissions control prior to the issuance of building permits for the project (condition No. 9). A concern was raised at the Planning Commission meeting by an area resident about cell phone noise interference as it related to this proposed installation. The applicant has indicated that the noise interference would be reduced or eliminated by the proposed installation. Additional information has been provided to the resident and to the City, which is included as part of the attachments (Attachment B). In addition, the applicant's radio frequency engineers will provide an analysis of phone interference and the effects of this installation prior to the issuance of building permits for the project (condition No. 13). Zoning The proposed facility is located in an R-I zone. Although such facilities are not encouraged near residential uses, it is also near a public park, a public school and is located on the grounds of a church. To soften the effect of a monopole at this location, the applicant proposes a monopalm instead of the typical monopole. Design As mentioned, the other monopalm proposed in Chula Vista was for a location at 428 Broadway. The monopalm was rejected for aesthetic reasons, and a monopole was approved instead. Of note, commercial buildings surrounded this site, which possessed little or no natural vegetation within the immediate installation location. As seen in the exhibit photos, the area of this proposal is very green with lawns, shrubbery, and trees surrounding the residential uses, the church, and Hilltop Park. In addition, it appears that the design of this monopalm is superior to the previously presented monopalm options, as evidenced by the Page4, Item: Meeting Date: 7/25/00 round trunk, and "pineapple" core below the plastic pall fronds mounted on the top of the pole. If approved, conditions of approval would include requirements that the applicant inspect, repair and otherwise maintain the monopall from looking dull or worn overtime. In addition, the landscaping and irrigation for the real pall trees and the shrubbery would require periodic inspection, repair and maintenance ensuring that the entire facility would be well kept. 5. Conclusion Based on the location and its context, as well as the surrounding land uses, the monopalm would have less visual impact than a monopole, therefore staffis recommending approval of the monopalm instead of the monopole design. FISCAL IMPACT: Applicant has paid all processing fees. ATTACHMENTS: Attachment A - Draft Resolution, Planning Commission Resolution Attachment B - Letters RE: Phone Interference to City, Homeowner Attachment C - Application documents with Disclosure Statement Attachment D - Photo-simulations, Monopole vs. Monopalm Attachment E - Photo of Actual Monopalm Attachment F - Service Area Map Attachment G - Landscape Plan Attachment H - Site Plan Attachment I - Locator Map Attachment J - Letter from Kenneth Dibble (h:~home\planning~harold\cc00-33 .doc) RESOLUTION NO. PCC 00-33 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT, PCC 00-33, TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 740 HILLTOP DRIVE. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on January 31, 2000 by NexTel Communications; and WHEREAS, said applicant requests permission to construct an unmanned cellular communications facility, including a monopalm and equipment building, at 740 Hilltop Drive; and WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class 3 {c} categorical exemption fi.om environmental review pursuant to the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit and notice of said heating, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 300-ft. of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 7, 2000 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve Conditional Use Permit PCC 00-33 in accordance with the findings and subject to the conditions and findings contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CAL1FORNI& this 7th day of June, 2000, by the following vote, to-wit: AYES: NOES: ABSTAIN: John Wilier, Chair ATTEST: Diana Vargas, Secretary lextel Communications 5761 Copley Drive, Suite 100 Sen Diego, CA 92111 27 3~c, 2000 ~ ~A~/~ ~ Harold Phelps, AICP City of Chula Vista, Planning & Building Department 276 Fourth Avenue Chula Vista, CA 91910 VIA lrACSIMILE ONLY TO (619) 409-5861 (total oftwn pages) Subject: Nextel's proposed Wireless Telecommunication Facility at 740 Hilltop Drive (Hilltop Baptist Church) (Rancho Vista- CA6-94gA) Case Number PCC 00-33 Dear Mr. Phelps: As you may recall, Michael and Debra Wilder have written to you and have appeared before the Planning Commission to express their concerns related to the proposed Nextel site referenced above. Specifica]ly, they have voiced their cohcern about whether this proposed cell site would create any health risk, and they stated their hand held Nextel phone causes temporary interference with thci~ radio and computer when it is in use. I enjoyed meeting the Wilders and speaking with them prior to the Plarming Commission hearing on June 7, 2000. In an effort to follow up on the concerns they expressed, I wrote to the Wilders and provided a copy of the memo from our radio frequency engineer that I sent to you on June 13, 2000, as well as copies of several illustrative diagrams showing how electromagnetic radiation f~om cell sites compares to other sources of radiation. It is my hope that this information will increase their knowledge about the interference problem and how it will be solved by a site closer to their home, and that the illustrations will help them evaluate their health concerns. A copy of that letter is attached herewith for your information. Please do not hesitate to contact me if you have any questions or if there is anything that you would like to discuss. My phone number is (760) 250-5074. Thank you for your attention to this. ~erely, ~ ~ NATA HUTAK ELWARDANI L asing/Zouing Project Manager Enclosure JUMp2?-2000 1~: 11 P. 02r02 Next¢l Communications 5751 Coplay Drive, Sude 100  San Diego, CA 92111 N E[' (619) 650-4200 Fax; (619} ES0-4202 27 June~ 2000 * R. Michael and Debra L. Wilder 43 Millan Cou~ Chula Vista, CA 9:[910 SubjecbNextel's proposed Wireless Telecommunication Fadlity at 740 Hilltop Drive (Hilltop Baptist Church) (Rancho Vista - CA6-948A) Dear Mr. and Mrs. Wilder: It was a pleasure to meet you and to have a chance to speak briefly with you both prior to the Planning Commission headng at the City of Chula Vista on June 7, 2000. I wanted to follow up on the concern you expressed about the interference from your hand held Nextel phone. Our radio frequency engineer prepared a memo about the subject, which we forwarded to the planning department for their reference, and I have enclosed a copy herewith for your information as well. As you will see from reading the memo, the addition of a site closer to your home will eliminate the momentary interference you are currently experiencing when your Nextel phone is in use. We cannot eliminate the interference in any other way. The second point you expressed at the hearing was regarding your concerns about the safety of the radio wave signal. In that regard, I thought you might like to have copies of the illustrative diagrams ! discussed with you, which compare electromagnetic radio waves to other radio wave sources in our environment. I have enclosed those copies herewith. Please feel flee to contact me if you have any other questions or concerns. ~ would be happy to provide you with any additional information that is available. The best number to call is my Nextel mobile phone, which is (760) 250-5074 / ,.., ~ : : ,.' '; . " RENATA HUTAK ELWARDANI Eeasing/Zoning Projed: Manager Enclosures cc: City of Chula vis=a, ~xtel Communication~ 5761 Copley Drive, Suite 1DO San Diego. CA. 92111 (619) 650-4200 F~: (6191 650-4202 2000 . Harold Phelps, AICP Cit~ of Chula Vista, Pla~,~i,~g & Building Department 276 Fourth Avenue Chula Vista, CA 91910 VIA FACSIMILE ONLY TO (619) 409-5861 (total of~ pnS~) Subject: Nex~l's proposed WLmless Telecommunication Facility at 740 Hilltop Drive (Hilltop Baptist Church) (Rancho Vista- CA6-948A) De~r Mr. Phelps: As was requested by thc Planning Commission at the $11n~ 7~ 2000 he.a~g~ I ara submitting this lc~er and the attached memorandum from the radio frequency engineer responsible for this project. The purpose of this letter and thc m~rnorandum is to offer additional information about two issues: (1) maintenance of the site's new irrigation; and (2) our engineer's explanation for the existing occasional interference from th~ hand-held mobile phone with a home computer and spv.~ers that was expressed by a Ncxtel customer at the hearing. (1) Maintenance of new irrigation: The present conditions o£ approval indicate that Nexml will be responsible to maintain any new irrigation system that is placed on the propen'y to provid~ a water supply to the live palms and shrubs that will screen the facilities. However, the Hilltop Baptist Church has agreed to be responsible for 'm~intalnlng this new irrigation system. Wc would ask that the conditions of approval be amended to be consistent with this agreement (2) Hand-held mobile phone interference: Micl~l and Debra Wilder, who live a~ross the park from the subje.~t property, have advised the City of Chula Vista that they experience interference from Michael Wilder's Nextel mobile phone. The interference is manifested in a temporary popping in nearby spcake~ and a quiver of the image on the computer s~rcen when thc phone is in use. These manifestations occur only if the mobile phone is in pro~im~Vd of the speakers or computer screen, and they completely r~solve after thc cail has ~nded. It was suggested at the Planning Commission hearing that the City Attorney dl~f[ an advisory paragraph to address this customer complaint. The paragraph would be included within the Commission's conditions o£ approval and thc recovarnendatioll to the City Council. We respectfully ask the ~ity o£Chula Vista to allow thc interference issue of a Nextcl customer to remadn a customer service issae, for Ne~t¢l tn re~olve within its business operations. It would be a difficult, if not insurmountable~ obstacle to overcome if wirdess carr~r~ were required to satisfy all customer complaints regarding signal strength or interference before conditional use permits would be granted for new wireless t~lecommunications sites. Our engineer's memorandum on this issue is attached for your ~feren~e. ¥ NEXrEI - Mr. Harold Phelps 06/13/00 Page 2 -- We are always open ~o considering any suggestions you may have on these or any other issues, and we welcome thc opportunity to co~tillue with discussions for thc purpose of reaching a mutually agreeable resolution. I am available to meet with you at any fimc, or you may reach me on my mobile phone: at (760) 250-5074. Thank you for your attcntlon to this correspondence and to our application. ~S ~r~ly, . ~ NATA HUTAK ELWARDAlql Li ming/Zoning Project Manag,~r Enclosure P.03/03 Memorandum TO: Renata Hutak EIVVardani FROM: Lalaine Berba, RF Engineer DATE: June 12, 2000 RE: Rancho Vista (CA6948) Problem: A homeowner has a Nextel phone that currently causes interference with his computer and speakers when a call comes in, Why does this problem exist? To help explain this problem, here is a brief inb~:luction to Mobile Unit power control: V~len a Nextel Mobile Unit (cell phone) is on a call, it performs adjustments to its transmit pewer, based on the power level it is receiving from the call site. The cell phone powers dmz1 its b-ansmit ' signal when near a cell site and powers up when far from a cell site. Whan a cell phone pawers up its transmit power, and the phone is physically located near a computer, speaker or radio, there can be a momentary popping heard in the spearer or radio, and the computer screen can quiver as a result cf the strong signal the cell phone is sending to the cell site. This interference can last for the duration of the call, if the phone is kept in close proximity to these appliances. To illustrate with an example, consider this scenario: Custemer A is located near a cell site, and, therefore, he receives a strong signal from the cell site. Custemer A's cell phone powers down to a minimal level to communicate with the cell site. Because the cell phone is powering down, the signal it is transmitting is net sfrong enough to cause any momentary interference with any nearby appliances, Custemer B is located a few miles away from a cell site. The signal level he receives from the serving cell site is weak. Customer B's cell phone powers up to tile maximum level (as close as possible to the power the cell site would like to receive) to communicate with the cell site. As a result of the strong signal that the cell phone is transmitting, momentary interference with nearby appliances rr~y be experienced by Customer B. How will the placement of a site on the church property change the problem? The homeowner in question at the proposed Rancho Vista Nextel site is experiencing the same conditions as that described for Customer B. Obviously. this homeowner is located in an area where NP_~-'tel's coverage is weak (hence the proposal to place a site at this location). The placement of a cell site ]n the vicinity of the subject homeowner will diminish, if not eliminate, his current interference. TtqT~ P R'~ I Fi~xt~} Commr,~'flcstlort$ 576'~ ~y D~e, S~e 1~. ~n Diego. CA 921 ~ 1 619 ~200 F~ 619 ~ -' LETTER OF AUTHORIzATIoN CA6-948/l~ncho Vista APPLICATION FOK ZONING/USE PERMIT I, ~>g£N /( ;"~'l , on behalf of Hilltop Baptist Church of Chula Vista, a corporation and owner of the below-described prop~a'y, do her:by appointNEXTEL OF CALIFORNIA, INC., a ]2~lavrare corporation, d/b/a Next~l Commumicatious, my agent for thc purpose of consummating any building or use p~t~,,it applications necessary to insure Ncxtcl's ability m usc the property for the purpose of commtcting and operating a communications facility. ! undcrs~,m~d that this application may be denied, modified or approved with conditions and that such conditions or modifications must be complied w/th prior to issuance of building pemfits. lh'op~'u'ty Address: 740 Hilltop Drive, Chula Vim, Ca 91910 A ' ssessor s ParcelNmber: 574-281-41-00 Authorized Agent: Young & Associates, Inc. consultants to Nextel Communications, Inc. -" Appendix B C-- THE C,. , OF CHULA VISTA DISCLOSURE S"b,, EMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which wilt require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, matedal supplier. -H~]~TO~ BAPTIST CHURCH ~ COMMUNICATIONS YOUNG & ASSOCIATES 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) above m non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or es trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes __ No 7 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. RENA ELWARDANI (YOUNG & ASSOCIATES) 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes __ No. × If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES A~-)NECES,,S~,,RYJ Date: ¢,:.~/~0 ~ / Signature of contractor/applicant NEXTEL COMMUNICATIONS by Rena ElWarda~ Print or type name of contractor/applicant * Person ix defined as: "Any individual, firm, co-partnership, joint venture, association, social club. freaternal organization, corporation, estate, trust rece~er, s~ndicate this and arty other count),, city and country, cia, municipality district or other political subdivision, or any Appendix A PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME: (~,NC[-]O VISTA / CA6948) W±reless ?elecom Fac±].±ty APPLICANT NAME: NgXTEL COt~VR~ICAT'rOR$ By Rena EiWardani Please describe fully the proposed project, any and all construction that may be ' accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. Description & Justification. Nextel Comnmunications, Inc. has been authorized by the Federal Communications Commission (FCC) to construct and operate the first multi- purpose enhanced specialized mobile radio system (ESMR) in the United States. This system provides fully digital radio, wireless data trans- mission, dispatch and paging services, all from one hand-held unit. Nextel proposes to construct, operate and maintain an unmanned, Enhanced Specialized Mobile Radio (ESMR) communications facility at 740 Hilltop Drive. This faaility will consist of a 40 foot tall monopalm containing twelve panel antennas among fiberglass fronds, and a radio equipment shelter that will be located on the ground and next to the monopalm. The shelter will be paintedto match the existing buildings. The shelter will measure 10 feet wide by 20 feet long by 10 feet high, and will be placed in the northeast corner of the parcel. This proposed facility will be unmanned, operating 24 hours a day. The only visits to the side will consist of any emergency calls as well as regular main- tenance visits once every four to six weeks. This specific site was chosen based on its ability to provide needed coverage for residents and community members in the area of Hilltop Park. This particular location is necessary because there is a currently in- adequate radio ~a~£~ signal in the area. The existing signal is inadequate due to the number of residents, customers, employees and passersby that are using the Nextel radio communications network in this neighborhood. The proposed site location is in the Ri zone of the City of Chula Vista. Application is made pursuant to the City's General Plan and con- sistent with the Zoning Ordinance requirements. This project will not adversely impact the community, and it will not be detrimental to the health, safety and general welfare of persons residing or working in the area. It will not adversely affect other property in the vicinity. NEXTEL To:. Renata Elwardani, Leasing Manager Fron'c Lataine Berba, RF Engineer cc: Forrest Farmer, Engineering Manager Date: 12/28/99 R~ A']-I' Co-locate - Candidate for Sites 6948-RanchoVista and/or 6967-Ouintard Candidate AT&T Co-locate tower is located along Naples St. and ToDias Dr. in the City of Chula Vista. It is approximately 1.2 mile south ol the proposed RanchoVista site and a mile northwest of the proposed Quintard s~te. This will provide In-building portable coverage 1 mile of Hilltop Dr., Naples St. and half a mile on L St. and Palomar Sts. RF Engineering disal~,?es this candidate for the following reasons: 1. It will only satisfy 30% of the design objective for site 6948-RanchoVista, which is to provide In- Building Portable coverage along North Hilltop Dr., H, J, Telegraph Cyn., and L Sts. in the city of Chula Vista west of 1-805. 2. It will only satisfy 40% of the design objective for site 6967-Quintard, which is to provide In-Building Portable coverage in the southwest Chula Vista, south Hilltop Dr., Orange Ave., and E. Palomar St. 3. This candidate will duplicate the coverage provided by the existing site 5883-CasttePark, which is located half mile west of the San Diego Country Club. COMMUNICATIONS, INC. // COMMUNICATIONS, INC. Roqf Top S~ctarex: Towe~ Louvers ? l~se~: Cbameleo~ F~'raps:* custom film printing I"1'1 m -q {2. © > ~ ~ ,~. srrE.. NAME: BOOTH Jr SUAREZ SION 13: ARCHITECTURE AND PLANNING , ;ION 12: ADDRESS; P.O. SOX 4651 JAN 3 i 2000 ~ON CARLSBAD, CA 92018 RI[VI ;ION 10: (760) 454-8474 (760) 454-8596 FAX i PLANNING REW ;ION 9: ~,F..~. ;ION 8: PROJECT ADDRESS: REVISION 7: 740 HILLTOP DRIVE REVISION 6: CHULA VISTA, CA 91910 REVISION 5: REVISION 4: PROJECT NAME: REVISION 3: RANCHO VISTA REVISION REVISION I: 1/15/00 TW SHEET NO: SHEET DESCRIPTION: ORIGINAL DATE: 1/5/00 RAL T-1 TITLE SHEET PROJECT INFORMATION OEP. -3.3 . CHULA VISTA CA 91910 P 0 ~OA 41il. C~llLSl41~ CA, 9~01~ (740) 454-1474 m),.,~r,.'r ,,,,',T,~u. ' , CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT NEXTEL COMMUNICATIONS PROJECTDESCRIPTION:  APP,iC^.T: CONDITIONAL USE PERMIT PROJECT 740 Hilltop Drive ADDRESS: Request: Proposed unmanned telecommunications facility cormisfing of a 40 foot "monopalm" with ('[2) panel SCALE: FILE NUMBER: antennas measuring 1 foot wide by 4 feet in length NORTH No Scale PCC - 00-33 and a 10')(20' modular egui~3ment building. h:\home\planning\hector\locators\pcc0033.cdr 02/09/00 //__./ / ~ ~ ,~.~. ¢ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC 00-33, TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 740 HILLTOP DRIVE A. RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 740 Hilltop Drive ("Project Site"); and 2. Project Applicant WHEREAS, on January 31, 2000 a duly verified application for a conditional use permit (PCC 00-33) was filed with the City of Chula Vista Planning Department by NexTel Communications ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, applicant requests permission to construct an unmanned cellular communications facility consisting of a 40-fi. high monopalm. The facility will consist of twelve (12) panel antennas, in three sets of four panel array arms, with a 200-sq. fi. radio equipment building on the project site; and 4. Planning Commission Record o f Application WHEREAS, the Planning Commission held an advertised public hearing on the project on June 7, 2000 and voted 5-0-2 recommending that the City Council approve the project in accordance with Resolution PCC 00-33; and 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on July 25. 2000; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD Resolution No. __ Page 2 The proceedings and all evidence on the project introduced befo the planmng Commission at their public heating on this project held on June 7, 2000 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMiNATION The Environmental Review Coordinator has concluded that the project is a Class 3 {c} categorical exemption from enviromnental review pursuant to 15303 and 15311 of the California Environmental Quality Act. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's roles and regulations for the issuance of conditional Sse permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis ~hat permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed antenna location is necessary to provide and maintain a quality wireless phone system in the Chula Vista area, particularly to the surrounding residential areas. The proposed monopatm antenna site will provide coverage and capacity for this system that will ensure availability to business users, personal users, and emergency service providers including sheriff, police, fire, and paramedics, thus enhancing emergency service and response. The requirement for mandatory sharing will eliminate or reduce substantially the need for future sites elsewhere in the imanediate vicinity. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Personal Communication System communications operate on low power radio waves. Radio frequency radiation from this system of ante~mas has been shown to be below any levels that would cause hazardous biological effects. In addition, thisl[adio frequency radiation is so far below recognized safety standards that they constit~e no hazard to public health or safety. Resolution No. __ Page 3 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This Conditional Use Permit is conditioned to require the permittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use. The conditions of this permit are approximately in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed area directly related to and area of a nature and scope related to the size and impact of the project. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of this permit will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a site surrounded primarily by public uses along with residential uses, and the land use impact will be minimal and the visual impact is being addressed. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC 00-33 subject to the following conditions whereby the applicant and/or property owners shall: 1. Construct the project as shown in conceptual plans, elevations, photo-simulations and other exhibits submitted for review at the City Council public hearing 7/25/00. 2. Prior to issuance of building permits, submit said plans for review and approval to ensure that all proposed colors, materials, screening and planting material will architecturally integrate with the surrounding environment and the Hilltop Baptist Church to the satisfaction of the Planning Director and the Landscape Planner. 3. Upon completion of the monopalm, and the associated equipment building, and the installation of the palm trees and the associated screening vegetation, the applicant shall ensure and be responsible for all maintenance repairs, replacement or upgrade of said improvements for the life of the project. This condition shall include the replacement of any palm tree elements that appear faded or worn overtime or as a result of adverse weather effects, as viewed by the City of Chula Vista. 4. In the event that any damage occurs to the monopalm, equipment building, or landscape elements, or the design of the Hilltop Baptist Church be altered, the applicant will appropriately upgrade, repair or replace the said improvements to the satisfaction of the Director of Planning and Building. 5. The applicant shall remove all said improvements and restore the site to its original condition in the event that new technologies provide service that would cause the existing facility to become obsolete. Resolution No. __ Page 4 6. This permit shall be limited to providing NexTel Communications, a wireless tele- communication provider, the entitlement to locate a facility at this location, and cannot be sold or leased to another provider without written approval of the City. 7. Upon cessation of the business operations and use of the monopalm by the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of the Director of Planning and Building Department and/or remove the monopalm and accessory structure and return the site to its original condition within 90 days. 8. Cooperate with other tele-communication companies in co-locating additional antennas on subject property provided said co-locatees have received a conditional use permit for such use at said site from the City. Permittee shall exercise good faith in co-locating with other communications companies and sharing the subject property, provided such shared use does not give rise to a substantial technical level or quality of service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether Permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the Permittee and complaining user. 9. Comply with ANSI standards for EMF emissions. If on review, the City finds that the project does not comply with ANSI standards, the City may revoke or modify this conditional use permit. 10. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local frequencies used by the Chula Vista Elementary, Sweetwater Union High School, and Sweetwater Authority or Otay Water Districts. If on review the City finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 11. Access to the equipment cabinet, antennas, and satellite dish shall be restricted and limited to service personnel. The project must have adequate access control to the antennas and equipment areas to help prevent theft, graffiti, and other forms of vandalism. Applicant shall contact the Crime Prevention Unit of the Police Department at 691-5127 for inspection and implementation of any crime prevention elements prior to commencement of operation. 12. Comply with the City's Municipal Code noise standards. Within three (3) months of the issuance of the certificate of occupancy, the applicant shall submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noise. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for residential uses. Said report shall be subject to review and approval by the Director for consistency with the project proposal report and Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. Resolution No. __ Page 5 13. The applicant's radio frequency engineers prior to issuance of building permits shall provide an analysis of phone interference. This information shall address concerns about cell phone use in relation to the proposed antenna installation. t4. The project shall be developed and maintained in accordance with the approved plans on file in the Planning Division, the conditions contained herein, and Title 19 (Zoning). 15. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed to the satisfaction of the Director of Planning and Building. 16. Approval of this request shall not waive compliance with alt sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 17. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the municipal Code regarding graffiti control. 18. Comply with all requirements and obtain all necessai'y permits from the Chula Vista Building Division. A building permit will be required for the monopalm and equipment building, with the provision of structural calculations for the proposed monopalm. Compliance with 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1996 National Electrical Code is required. 19. Comply with all requirements of the Chula Vista Fire Department. Additional review will be required at the time of building permit approval. 20. Comply with all requirements of the Chula Vista Engineering Department. Additional review will be required at the time of building permit approval. 21. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 22. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exemising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of the Resolution No. __ Page 6 use permitted, be expected to economically recover. 23. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as document No. Signature of Property Owner Date Signature of Representative of Date NexTel Communications H. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) years after the date of its approval by the City Council. After the first five- (5) years, the Zoning Administrator shall review this Conditional Use Resolution No. __ Page 7 Permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant, whether or not the tower can be lowered. 1. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. J. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Robert A. Leiter John M. Kaheny Director of Planning & Building City Attorney (h:\shared\attorneyRESOCCpcc00-33.doc) COUNCIL AGENDA STATEMENT Item: Meeting Date: 7/25/00 ITEM TITLE: Report Forwarding Recommendations for Charter Amendments SUBMITTED BY: Charter Review Commissi~ John Dorso, Chairperson, S- BOARD/COMMISSION RECO~ENDATION: The Charter Review Commission has been meeting to discuss various amendments to the Charter to be placed on the November 7, 2000 ballot. At its May 15,2000 meeting, the Commission unanimously approved the endorsement of a proposition expanding the qualifications for membership on boards and commissions to permit the appointment of non-residents under certain limited circumstances. At its June 5, 2000 meeting, the Commission voted 6-0-1 to forward to the Council for its consideration the concept of repealing term limits for the offices of the Mayor and Council. At its July 17, 2000 meeting, the Commission heard public testimony on the issue but adjourned without taking further action. The Charter Review Commission recommends placing a Charter amendment measure on the November 7, 2000 ballot to modify Charter Section 602 to permit the appointment of non-residents, under certain circumstance, to boards and commissions; and for the Council to consider a measure to repeal the term limits provision of Charter Section 300. DISCUSSION In order for a ballot measure to be placed on the November 7, 2000 ballot, the Council must approve any proposed language by its August 8, 2000 meeting. Page 2, Item Meeting Date: 7/25/00 Charter Section 602. Appointments; Terms and Vacancies. Section 602 (d) currently requires that all members of boards and commissions be qualified electors in the City of Chula Vista with the exception of Youth Commissioners who need only be residents of the City of Chula Vista. The Environmental Legacy Fund (ELF) and the Bayfront Conservancy (BCT) Trust met on April 27, 2000 and made a recommendation to restructure the BCT -organization to more closely resemble a City board and commission. Currently, the membership of both the ELF and the BCT consists of individuals from a variety of governmental agencies and scientific and educational communities. Under the proposed reorganization, as explained in the June 7, 2000 memorandum from Daniel Beintema, the BCT is proposing to dissolve as a non-profit organization and become an advisory board of the City. The ELF would continue as the Nature Center's fundraising organization in a modified form. In order to retain individuals with the same qualifications on a City-created board, it would be necessary to give the Council the ability to appoint non-residents when required. This change may also address the desires of the Library Board of Trustees to include members from surrounding communities as appropriate. The Commission recommended amending Charter Section 602 (d) to read as follows: (d) Eligibility. All members of boards and commissions shall be qualified electors of the city of Chula Vista with the exception of Youth commissioners who need only be residents of the City of Chula Vista. The City Council may appoint non-electors of the City of Chula Vista to those boards and commissions which are advisory only and whose duties involve reqional issues. Appointment of non-electors must be passed by at least four affirmative votes. No person may be appointed nor shall serve' on more than one of the Charter-created boards or commissions simultaneously. Charter Section 300. Members, Eliqibility and Terms. At the January 24, 2000 meeting of the Charter Review Commission, Commissioner Blakey indicated that a few citizens had questioned Page 3, Item No.= Meeting Dates 7/25/00 the time period between eligible terms of council members. After a brief discussion concerning the early scheduling of primaries in the presidential years, the matter was tabled. At the May 15, 2000 meeting of the Commission, while discussing the mechanisms for placing charter amendments on the November ballot, the City Attorney mentioned that he had heard that there might be an issue concerning the repeal or modification of term limits prior to the general election of 2002. He indicated that unless the issue was placed on the November ballot, a special election would be required prior to June, 2002 in order for such a repeal to affect any current member of the Council whose second term expires in December of 2002. After a limited discussion, the Commission then requested that the City Attorney bring the issue back at the next meeting for a detailed discussion and possible action. At the June 5, 2000 Commission meeting, several alternatives concerning term limits were discussed, ranging from a lifetime two term limit ban to a repeal of the limits. It became obvious to the Commission that it did not have the luxury of time to analyze all the variants being proposed, nor to hold public hearings on the issue. Noting that this issue would have to be discussed by the Council in July if a change was to be proposed in a timely fashion, the consensus was to request that the Council address just the one issue of repealing term limits. After further discussion, the Commission, with one member absent, unanimously voted to send the concept of repealing term limits to the Council for the Council's consideration. On July 17, 2000, the Commission received public comment on the issue of term limits. Councilmembers Davis, Padilla and Salas addressed the Commission along with twelve members of the public. With the exception of Councilmember Davis and members of the public, those who spoke opposed the concept. The Commission adjourned without taking any further action. FISCAL IMPACT: None. Attachments: CRC Minutes from May 15, and June 5, 2000 H: ~Home \At t orney\ CharterAmend. A113 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA CHARTER REVIEW COMMISSION May 15, 2000 City Attorney's Conference Room 4:30 p.m. MEMBERS PRESENT: Harriet Acton, Deric Prescott, David Potter, Jack Blakely and Barbara McAllister MEMBERS ABSENT: John Dorso and Bob Campbell STAFF PRESENT: City Attorney John M. Kaheny Deputy City Attorney Elizabeth Hull Dan Beintema, Executive Director of the BCT The meeting was called to order at 4:30 p.m. 1. Roll Call. The roll was called and all members were present except Members Dorso and Campbell who asked to be excused. 2. Approval of Minutes. MSUC (Potter/McAllister) to approve the minutes of January 24, 2000 as presented. 3. Residency Requirements for Boards and Commissions. After months of discussion with the Environmental Legacy Fund, the Bayfront Conservancy Trust {BCT) met on April 27, 2000 and made a recommendation to restructure their organization to more closely resemble a City board or commission in order to make the lines of authority clearer. When the BCT was initially established, it was set up as a separate 501(c) (3). The key question now is whether or not to have non- residents of the City as members of their board. Member Acton reviewed the current roster noting only four members reside in the City of Chula Vista. Many of the 12 current members have served on the BCT since its inception and represent U.S. Fish & Wildlife, California Department of Fish & Game, the Coastal Commission and private landowners in the immediate area. The environmental expertise of these members may be difficult to replace in the local community. Dan Beintema related the unique diversity of representation on the BCT was highly beneficial. The City Attorney's office prepared three options for the Commission to consider: Charter Review Commission Minutes May 15, 2000 Page 2 Option 1 - Would permit broader ability for Council to appoint non-electors to various boards and commissions who do not exercise quasi-judicial powers. This option would allow the Library Board of Trustees expanded membership as well. option 2 This option would permit appointment of non- electors to boards which are advisory only and whose duties involve regional issues, if passed by at least four affirmative votes of the Council. It is proposed that Sections 613 and 614 be added to the Charter to create a new Nature Center Board of Trustees delineating its powers and duties. Option 3 - option 3 is similar to Option 2, but does not include a Charter created Nature Center Board of Trustees. This option allows the Council to appoint non-electors to boards that are advisory only and whose duties involve regional issues, if passed by at least four affirmative votes of the Council. The creation of the Nature Board would be done by ordinance. Discussion ensued regarding the merits of the various options, and it was MSUC (Blakely/Potter) to adopt Option 3 and allow staff to proceed to do what it takes to place the item on the ballot before the election deadline. It was noted the deadline for placing items on the November ballot is August 11. 4 & 5. Previously Approved Amendments for Placement on November ballot and Report by city Attorney John M, Kaheny. Attorney Kaheny stated the city Clerk has budgeted funds to place three items on the November ballot. The Commission has discussed various clean up measures in the past, but might want to be aware of a new issue that appears to be surfacing, and that is, repealing term limits. There is a short time ~use if this item is to be placed on the November ballot. The Council could conceivably place it on the ballot themselves as nothing precludes them from doing it unilaterally, or, could call a special election. Member McAllister noted she is against having term limits. Member Prescott mentioned possibly dropping the one year hiatus mandated now after serving two terms. Member Acton inquired about adding a complete term after serving two terms, although Member Blakely felt the push is not to tighten the restrictions, but to drop them entirely. Charter Review Commission Minutes May 15, 2000 Page 3 It was decided to place the issue on the next Commission agenda to discuss the matter in detail. Member Acton asked the Attorney to provide some proposals to review. 6. Public Comments. - None 7. Members' Comments. - None 8. Adjournment. MSUC (Potter/Blakely) to adjourn the meeting at 5:25 p.m. to the next meeting scheduled for June 5, 2000 at 4:30 p.m. Lorraine Kraker, Secretary MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA CHARTER REVIEW COMMISSION June 5, 2000 City Attorney's Conference Room 4:30 p.m. MEMBERS PRESENT: John Dorso, Harriet Acton, Deric Prescott, David Potter, Jack Blakely and Barbara McAllister MEMBERS ABSENT: Bob Campbell STAFF PRESENT: City Attorney John M. Kaheny The meeting was called to order at 4:30 p.m. 1. Roll Call. The roll was called and all members were present except Member Campbell who was excused due to illness. 2. Approval of Minutes. MSUC (Blakely/Potter) to approve the minutes of May 15, 2000 as presented. (Chair Dorso asked to move Item 4 up on the Agenda) 4. Previously Approved Amendments for Placement on November ballot and Report by City Attorney John M. Kaheny. Chair Dorso noted at the last meeting, the Commission selected Option 3 relating to the creation of a Nature Center Board of Trustees to be placed on the November ballot. The City Clerk has budgeted funds for three propositions. Any further discussion of additional items is tabled until the next meeting. 3. Term Limits. Attorney Kaheny and Chair Dorso met recently to brainstorm on term limits. There appears to movement in the community either for or against term limits, and, if in fact the Commission wants to pursue this, it has to be done within the next month and brought to the Council in order to forward it to the County Registrar of Voters by August 11. The community is probably not aware of the time frames involved. Member Prescott distributed an extensive research packet regarding term limits for the Commission to review. Charter Review Commission June 5, 2000 Page 2 Since there has not been much of a debate citywide, Mr. Kaheny suggested it might be wise to give everybody a choice by structuring the ballot language with two measures. If both fail, the status quo stays. If one passes, we abolish terms limits. If the other one passes, we can do either a lifetime ban or add more years because there is a concern with the one-year rule. As noted by Chair Dorso, usually the Commission has the luxury of time to deliberate the merits of an issue, however, in this case, we can let the public decide. Since there has been no direction from anybody, if terms limits are not placed on the November ballot, it would require a costly special election in order to be effective prior to the next primary. Member Blakely does not believe the Commission should look at tightening it up. It's been 30 years since it was before the voters; we should look at abolishing it, and if that didn't pass, then come back and tighten it up instead of confusing the issue by giving the voters two choices. He has only heard talk in the community of abolishing the limits. The Charter is not consistent because a City Councilmember waits a lesser period of time than a board or commission member to serve again. Member McAllister has not heard talk of abolishing limits, but that the Commission should take a good look at the situation because people are not happy with what we have. Member Prescott agreed with Mr. Blakely with regard to getting rid of terms limits, but has heard discussion on how people should have the right to vote for whom they want. The trend has been in most municipalities and many states to do away with term limits. Those politicians who have done a good job should be rewarded as opposed to, you have done a good job but because of some mandatory law, you have to leave. Although the idea of having both versions of the ballot measure would be a good idea, it would probably confuse the issue as did the two Indian gaming propositions. The consensus of the Commission was to go forward with one measure repealing term limits and Chair Dorso asked the City Attorney to come back with language. MSUC (Prescott/Acton) to ask and direct the City Attorney to come up with language demonstrating the Commission's idea to request the Council look into repealing the term limit language. Mr. Kaheny will draft proposed repeal language. MSUC (Acton/Blakely) to authorize John Dorso to get together with the City Attorney to prepare the report to forward to the City Council. Charter Review Commission June 5, 2000 Page 3 From the people he has talked to, David Potter noted there is a strong indication that they are unsatisfied with the language as is and thinks it's an issue the voters should decide. The Chair thanked Commission Prescott for doing a lot of homework on his own and suggested the members review the materials he provided. Barbara felt term limits is an inappropriate way to remove someone from office. Harriet Acton noted the political atmosphere in Chula Vista is on the upscale, and it will be well-watched. 6. Public Comments. - None 7. Members' Comments. Since Bob Campbell's term is up on June 30, 2000, Harriet Acton suggested remembering Bob Campbell with a letter and the Chair and City Attorney will compose a letter to be sent. 8. Adjournment. MSUC (Potter/Prescott) to adjourn the meeting at 4:50 p.m. to the next meeting scheduled for July 17, 2000 at 4:30 p.m. Lorraine Kraker, Secretary H: \home\ lorraine \crc \minute \ 6 - 5 - o 0 I I · 1 T COUNCIL AGENDA STATEMENT Item /~ Meeting Date: 7/25/2000 ITEM TITLE: Resolution Accepting bids, rejecting bid of Sierra Electric as non-responsive and awarding contract to Lekos Electric for the "Traffic Signal Installation at the Intersection of Greensgate Drive with Eastlake Parkway in the City of Chula Vista" (CIP TF265) SUBMITTED BY: Director of Public Works~,~///~'/ REVIEWED BY: City Manager ~'~' (4/5ths Vote: Yes No X ) On July 5, 2000, the Director of Public Works received sealed bid from four (4) electrical contractors for the "Traffic Signal Installation at the Intersection of Greensgate Drive with Eastlake Parkway in the City of Chula Vista" (CIP TF265). Sierra Electric submitted the Iow bid of $78,946.00. However, after examining all bids, Sierra Electric's bid was considered to be non-responsive due to mathematical irregularities in their bid proposal. Lekos Electric submitted the second low bid of $80,372.00. RECOMMENDATION: That Council approve the resolution accepting bids, rejecting bid of Sierra Electric as non-responsive and awarding contract to Lekos Electric for the "Traffic Signal Installation at the Intersection of Greensgate Drive with Eastlake Parkway in the City of Chula Vista" (CIP TF265). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On July 5, 2000, the Director of Public Works received sealed bid from four (4) electrical contractors for the "Traffic Signal Installation at the Intersection of Greensgate Drive with Eastlake Parkway in the City of Chula Vista" (CIP TF265). The bids received for the project were as follows: Contractor Amount 1. Sierra Electric (Declared Non-responsive) $78,946.00 2. Lekos Electric $80,372.00 3. T & M Electric, dba Perry Electric $88,589.00 4. Trasig Corp. $94,945.00 Page 2, Item Meeting Date: 7/25/2000 As indicated, Sierra Electric submitted the low bid of $78,946.00. However, after examining all bids and consulting with the City Attorney's Office, Sierra Electric's bid was found to be non- responsive due to a mathematical irregularity in one of their bid's unit prices. A unit price of $1,500 was listed on item #17. When this amount was multiplied by the quantity 1,300 feet of Interconnect Cable, item #17 became $1,950,000.00. This caused Sierra Electric's bid not to be the lowest submitted bid. Lekos Electric submitted the next lowest bid of $80,372.00. Staff has reviewed their submittal and found it to be acceptable. Subsequent to being notified that their bid would be rejected Sierra Electric submitted the attached letter appealing this decision and requesting that they be maintained as the Iow bidder. This letter was reviewed by the City Attorney's office and it is still their opinion that the error is of such a nature that Sierra Electric would be given an undue advantage not given other bidders in that, if they so chose, they could withdraw their bid without penalty based on the error if given a choice. The bid by Lekos Electric was higher than the engineer's estimate of $78,350.00 by 3%. The work performed by Lekos Electric has been satisfactory in the past. Lekos Electric has met all City requirements for the award of the contract as set forth in the bid document; therefore, staff recommends awarding contract to Lekos Electric. This new traffic signal will upgrade the right-of-way assignment for the intersection of Greensgate Drive and Eastlake Parkway. The current right-of-way assignment is managed using all-way stop signs. This new traffic signal is anticipated to be turned-on one month after the start of the new school year, which begins July 17, 2000. Last year, City staff successfully experimented with the use of traffic signal video detection, instead of the traditional in-pavement loop detection, at the intersection of Otay Lakes Road and Allen School Lane/Camino Elevado. Staff's intention was to reduce the cost of installation, frequent maintenance and replacement associated with the in-pavement loops. In addition, the video detection equipment could be utilized in the future to operate as a permanent count station in providing traffic volume and speed counts. This project continues the implementation of video detection for the new traffic signal at the intersection of Eastlake Parkway and Greensgate Drive. In order to expedite the construction phase of the project and to minimize delays usually encountered while ordering material, the traffic signal video detection equipment was ordered by City staff. However, the contractor will install the equipment as part of the contractor's bid proposal. Environmental Status The City's Environmental Review Coordinator has reviewed the work involved in the existing and future projects and determined that the project is exempt for CEQA 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 enclosed as Exhibit A. Page 3, Item Meeting Date: 7/25/2000 Prevailing Wage Statement The source of funding for the project is the Traffic Signal 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 for TF-265 through the sending of the Notice to Contractors to Various Minority trade publications. Form of A~reement The contract will be let on the City's standard Public Works Contract form. The final form will be approved by the City Attorney. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Construction $80,372.00 B. City-purchased equipmem for traffic $16,648.00 signal video detection C. Design, Inspection, and Administration $37,480.00 D. Contingencies $20,500.00 TOTAL $155,000.00 FUNDS AVAIl,ABLE F, Traffic Signal Fund (TF-265) $155,000.00 TOTAL $155,000.00 There is approximately $3,000.00 in additional annual costs for energy and maintenance associated with the new signal. Attachments: Exhibit A-Contractors Disclosure Statement Exhibit B-CIP Detail Sheet for TF-265 Exhibit C-Letter from Sierra Electric dated 7/12/00 H:~-IOMEXENG1NEER\AGENDA\TF265~gs.doc 7/18/00 5:46:09 PM 'I'itE CI 15. OF CilULA VISTA DISCLOSURE S FATEMENT You are reqmred Io fie a S~.tement of Disclosm-e of certain ovmers~fip or £mancial interests, paymems, or campaign contribmion~, o all matters wkich will req ,m_-e discretionza3' action on the pm of the Cit.',' Council, Planning Commission, and ~1 other official bodie! The following information must be disclosed: 1. Lis: the names of ail persons having a financial interest in the property which is the subject of the application or th~ Contrac: e.g.. owner, appiic~-nt, Contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or parmersl:tip, list the names of all individuals owning mor than 10% of the shares in the corporation or owning any parmership interest in the partnership. 3. If any person* identified pm'suant to (1) above is non-profit organization or a trust, list the names of any person serving a~ director of the non-profit orgarfization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes __ No~2 If yes, please indicate person(s): Please identify each and every person, including an5, agents, employees, co~ultants, 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 $1,000 to a Council member in the current or preceding election period? Yes __ No ~ If yes, state which Council members(s):. * * * (NOTE: .Attached additional pages as necessary) * * * Signature of Contractor/Applicant Print or type name of Contractor/Applicant * person is defined as: '.~y individ,,~t, fir~ co-partnership, joint venture, as$oci~ion, social club. fraternal organizan'on, corporation, estate, trust, receiver, xyn&'cate. this and any other couno', ciO' or country, city rnunictil~alh3,. district, or other poli~cal subdivision, or any other group or combinazion acting as a unit. EXHIBIT A / 7- 5/ 16 -'"-- ..........i i T ~ o7/12/0o WED 14:49 FAX 6192875228 SIERRA ELECTRIC INC ~002 EXHIBIT gi . ,x-a Elec 'a ic 2295 Needham Rd ~ KI Cajon CA 92020-1003 Phone No, (619) Fa~ No. (619) 287=5228 ~i~n~ ~33124 July 12, 2000 C~y of Chula Vista 276 Fora'th Avenue Chula Vista Ca 91910 Dear ~jed A1-Gharfry: Re: Traffic Silllml Installation at the intersection of Eastlake Parkway at Oreensgate Drive in the City of Chula Vista Ca #TF-265 In reference to the above bid, I would like to clarify, that on item 17 of the bid Rems, I input a total price of $1,500.00, but erred onthc part of~ the written price per lineal root of $1.15_ This is an obvious overdght and if you d/vide tl~ total price of item 17 by the number of lineal feet, it is equal to the per lheal foot price of $1.1S. ($1,500.00 div/ded by 1300LF+$1.15) and in no way changes our total bid mount. Since we arc honoring thc bid price as stated, and we are not being g/yen an undue advantage over thc other bidders, we am hoping the City of Chub Vista will consider tMs a waivable technicality dug to thc circnm~ances. I apologize for this error and am respectfully requesting to ~intain thi~ project. We would apprechte any help in resolvlng this matter. S/merely, cc: file RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING BID OF SIERRA ELECTRIC AS NON-RESPONSIVE AND AWARDING CONTRACT TO LEKOS ELECTRIC FOR THE "TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF GREENSGATE DRIVE WITH EASTLAKE PARKWAY IN THE CITY OF CHULA VISTA" (CIP TF265) WHEREAS, on July 5, 2000, the Director of Public Works received the following four bids for the "Traffic Signal Installation at the intersection of Greensgate Drive with Eastlake Parkway in the City of Chula vista" (CIP TF265) Contractor Bid Amount Sierra Electric (Declared Non-Responsive) $78,946.00 Lekos Electric $80,372.00 T & M Electric, dba Perry Electric $88,589.00 Trasig Corp. $94,945.00 WHEREAS, Sierra Electric submitted the low bid, however, after examining all bids and consulting with the City Attorney's office, Sierra Electric's bid was found to be non-responsive due to a mathematical irregularity in one of their bid's unit prices; and; WHEREAS, subsequent to being notified that their bid would be rejected, Sierra Electric appealed the decision and requested that they be maintained as the low bid, however, in the City Attorney's opinion the error is of such a nature that Sierra Electric would be given an undue advantage not give other bidders; and WHEREAS, the bid by Lekos Electric has met all City requirements for the award of the contract as set forth in the bid documents; therefore, staff recommends awarding the contract to Lekos Electric; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in the existing and future projects and determined that project is exempt from CEQA 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 the project is the Traffic Signal 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; and WHEREAS, no special minority or women owned business requirements were necessary as part of this bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various minority trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the bids, reject the bid of Sierra Electric as non-responsive, and award the contract to Lekos Electric in the amount of $80,372.00 for the ~Traffic Signal Installation at the intersection of Greensgate Drive with Eastlake Parkway in the City of Chula Vista (CIP TF265). 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 Director of Public Works City Attor [H:\H OME~ATTORN EY~RESO/Traffic Signal Lekos Greesgate (July 19, 2000 (1:11pm)] COUNCIL AGENDA STATEMENT Page 1, Item /q Meeting Date 7/25/2000 ITEM TITLE: A) Resolution of the City Council of the City of Chula Vista, California, approving the form of an Acquisition/Financing Agreement pertaining to Community Facilities District No. 2000-1 (Sunbow II - Villages 5 through 10 ). B) Resolution of the City Council of the City of Chula Vista, acting in its capacity as the legislative body of Community Facilities District No. 2000-1 (Sunbow II - Villages 5 through 10), Authorizing and providing for the issuance of special tax bonds of the district, Approving the form of Bond Indenture, Bond Purchase Agreement, Preliminary Official Statement, and other documents and authorizing certain actions in connection with the issuance of suc/h bonds. / SUBMITTED BY: Director of Public Works I~ ~ Deputy City Manager Powellr ~ REVIEWED BY: City Manager ~- ~ (4/Sths Vote: Yes No X ) On July 11, 2000, the City Council held the public hearing forming and establishing Community Facilities District No. 2000-1 (CFD 2000-1). The District was formed for the purpose of providing for the financing of the acquisition of certain authorized public facilities including significant Portions of the Sunbow II - Villages 5 through 10 improvements. Tonight, Council will consider approving the Acquisition/Financing Agreement with ACI Sunbow, LLC, that establishes the procedure for acquiring the improvements from the developer, including allowing for the incremental acquisition of complete discreet components of a project, rather than requiring the project be fully completed and accepted by the City prior to acquisition. In addition, Council will consider the authorization of the issuance of special tax bonds of CFD 2000-1 in the amount of $7,400,000 and the approval of the form of certain documents related to the issuance of the bonds including a Bond Indenture, Bond Purchase Contract and Preliminary Official Statement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council: 1. Approve the Resolution (A) approving the form of the Acquisition/Financing Agreement that (i) establishes the terms and conditions pursuant to which the City will acquire the authorized public improvements, (ii) establishes the terms and conditions pursuant to which the District will agree to issue special tax bonds to finance the acquisition of such Page 2, Item Meeting Date 7/25/2000 2. Approve the Resolution (B) Authorizing the Issuance of Bonds, Approving the Form of the Bond Indenture, Bond Purchase Contract and other Documents for Community Facilities District No. 2000-1 and Authorizing Certain Actions in Connection therewith. DISCUSSION: Background At the Council Meeting of July 11, 2000, the City Council held the public heating forming and establishing Community Facilities District No. 2000-1. This public hearing was held pursuant to the provisions of the "Melto-Roos Community Facilities Act of 1982". Later that night, and following a special election held outside the City Council chambers, staff tallied the ballots cast. The results showed 100% of the votes cast in favor of authorizing the levy of the proposed special tax and the issuance of the bonds secured by such special taxes. Also on the meeting of July 11th, the City Council approved the resolutions establishing CFD 2000-1, 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 2000-1. At the regular City CounciI meeting of July 25, 2000, the second reading of the Ordinance authorizing the levy of the Special Tax in CFD No. 2000-I will be conducted. The Mello-Roos Community Facilities Act of 1982 is a financing mechanism for funding the acquisition or construction of public im°rastmcture improvements from the proceeds of Community Facilities Districts bonds. These bonds are repaid from an aunual special tax collected from the property within the district. There is no direct cost to, or obligation of the City. CFD 2000-1 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. District Boundaries Exhibit 1 presents the boundaries of CFD 2000-1, which includes all parcels located within Sunbow 1I- Villages 5 through 10 (approximately 140 total acres). The proposed boundaries of CFD 2000-1 include parcels within Sunbow II for Villages 5 through 10. Of these six villages within SunbowlI, Centex Homes, a merchant builder, on 4/3/00, purchased two villages (Villages 5 & 6). The other four villages (Villages 7-10) remain under the ownership of the master developer, ACI Sunbow, LLC. At buildout, the entire district would contain approximately 595 Single Family Residences and a 10.0 acre school site, as shown on the Tentative Map No. 90-7, approved by the City on May 3, 1990. Of these 595 Single Family Residences, 246 units are contained in Centex Homes' Villages 5 & 6. Exhibit 1 is on file at the City Clerk's office and is available for public review. Minor adjustments in the boundaries of the Planning Area may be made by the CFD Administrator to conform to the Final Residential Subdivision for these areas. Page 3, Item Meeting Date 7/25/2000 adjustments in the boundaries of the Planning Area may be made by the CFD Administrator to conform to the Final Residential Subdivision for these areas. The Improvements A bond sale amount of $7.4 million will finance approximately $6.4 million in facilities (i.e. grading, streets, utilities, drainage, sewer, facilities authorized to be financed from the City's public facilities development impact fee, etc.). The balance will provide for a reserve fund, capitalized interest and pay district formation, administration and bond issuance costs. The developer is proposing the financing of backbone and associated improvements (i.e. grading, sewer, streets, dry utilities) and public facilities authorized to be financed from the City's public facilities development impact fees as described below. CFD Policy requires a determination of the priority for the acquisition of improvements by a CFD. Staff, consultants, and land developers have prioritized the developer's list of projects as follows: A. Priority One Items: · Portion of Telegraph Canyon · Medical Center Rd./Brandywine Road from East Palomar to Olympic Parkway · East Palomar Street - Phase IA · East Palomar Street - Phase IB · Olympic Parkway - West of Brandywine · Those Facilities to be financed for public facilities Development Impact Fees (DIF) payable as a condition of development of property within CFD 2000-1 B. Priority Two Items: · Paseo Ladera from Telegraph Canyon Road · Medical Center Court · Poggi Canyon - offsite sewer downstream of Sunbow II · East Palomar -Phases IC & IIA · Non-TDIF eligible portions of Priority One projects The Acquisition/Financing Agreement allocates approximately $3.4 million of the bond proceeds for the TDIF obligations including the construction of these projects and $1.7 million for PFDIF and Poggi DIF. Refer to Exhibit 2 - Acquisition/Financing Agreement for further definitions and allocation provisions. As mentioned before, it is estimated that only $6.4 million in facilities may be available for funding by the district. The actual amount to be financed by CFD 2000-1 would depend upon a number of factors including final interest rate on the bonds, and value to lien ratio, and may be higher than the $7.4 million mentioned above. Page 4, Item Meeting Date 7/25/2000 Ultimately, as subdivision exactions are applied, the developer will finance other improvements that this CFD cannot finance. The proposed CFD lies within various Development Impact Fee (DIF) benefit areas (Poggi Canyon Sewer, Transportation, and Public Facilities). Total project costs to be borne by ACI Sunbow, LLC are estimated to be $19 million. As mentioned before, it is estimaW, xl that only $7.4 million will be funded by the CFD, according to the Special Tax Formula. On July 11, 2000, Council adopted the "Resolution Declarin~ Intention to Issue Bonds" approving a maximum bond authorization of $15 million. The actual amount to be f'manced by CFD 2000-1 would be determined after the bond sale when the interest rates on the bonds and the final value to lien ratios are known. Maximum Taxes & Soecial Tax Renort A copy of the Special Tax Report ("Community Facilities District Report Mcllo-Roos Community Facilities Act of 1982 Community Facilities District No. 2000-1 for Sunbow II - Villages 5 through 10) prepared by thc Special Tax Consultant, McGill Martin Self, Inc., is included as Exhibit 3, and is on file, and available for public review in the City Clerk's Office. Said report incorporates the "Rate and Method of Apportionment" (P3vIA) (previously approved by Council on June 6, 2000), that establishes thc procedures for levying the special taxes in CFD 2000-1. The district is divided into thc following three (3) zone classifications: · Zone 1: applies only to Developed Residential Property; · Zone 2: applies only to Undeveloped Property; and · Zone 3: applies only to Taxable Property, and Owner Association Property. The district will have three categories of taxation, as follows: · Residential Developed Parcels (single and multifamily residences) are taxed on the square footage of the building. The Special Tax Report proposes three zones corresponding to each of the Villages 5 through 10 within the district. The proposed residential tax rates are as follows: Residential Developed Parcels Maximum Annual Special Tax Zone 1 $0.44 per square foot of Residential Floor Area At the time the tax is levied, developed parcels are those parcels for which a building permit has been issued. This tax rate has been determined by a preliminary "2% maximum tax" analysis. Said analysis, which is based on estimated house sizes and prices, sets the amount of the maximum special tax that may be levied by CFD 2000-1 on residential parcels. It should be noted that a final test would be required at escrow closing using actual house sale prices. If the 2% limit is exceeded, the developer is required to buy-down the lien to an amount sufficient to meet the 2% criteria. Page 5, Item Meeting Date 7/25/2000 · The Undeveloped Property Category includes all the parcels for which a building permit has not been issued. The tax on Undeveloped Property is based on the total acreage of the parcel. During buildout, the collection fxom developed properties is not enough to cover the annual debt service. During that period, the undeveloped land taxes will cover the shortfall. Based on a conservative housing absorption projection, the special tax consultant has determined that an undeveloped land tax of $7,851 per Acre is needed to meet the annual debt service. Even if no development occurs and the whole property remains undeveloped, the proposed tax will generate enough tax to cover the debt service on the bonds. · The Taxable Owners Association Parcels are taxed based on the acreage of the parcel, the same as Undeveloped Property. Non-Residential Undeveloped Property Taxable Property Owner Developed Parcels Maximum Annual Special Tax Association Maximum Annual Special Tax Zone 2 $7,851 per Acre Zone 3 $7,851 per Acre The RMA includes all of the parcels to be conveyed to the HOA or dedicated to the City of Chula Vista. Any dedication of public property above the exempted acreage will be classified as Taxable Owner Association Property at a rate of $7,851 per acre. These categories were created to provide additional assurance to perspective bond purchasers that the collectible tax will always cover the annual debt service. City Financial Criteria Value to Lien Ratio. The City's Statement of Goals and Policies for Community Facilities Districts ("CFD policy") requires a minimum value to lien ratio of4:l. In addition, the policy establishes the following criteria: "The required value-to-debt ratio shall be determined with respect to all taxable property within the community facilities district in the aggregate and with respect to each development area for which no final subdivision map has been filed A community facilities district with a value-to-debt ratio of less than 4:1 but equal to or greater than 3:1 may be approved in the sole discretion of the City Council, upon a determination by the City Manager, after consultation with the finance director, the bond counsel, the underwriter and the financial advisor, that a value to debt ratio of less than 4:1 is financially prudent under the circumstances of the particular community facilities district." Bruce W. Hull & Associates conducted an appraisal (dated Jtme 1, 2000) on the property. Exhibit 4 illustrates the "Estimated value to Lien Ratios", based upon the appraisal report. The bond sale of $7.4 million will result in an overall lien ratio of at least 4:1, given the aggregate value of approximately $35.7 million. This includes properties owned by both ACI Sunbow and Page 6, Item Meeting Date 7/25/2000 Centex Homes. All of the Villages 5 through 10 present a lien ratio greater than 4:1. The Resolutions There are two resolutions on tonight's agenda that, if adopted, will accomplish the following: (A) The RESOLUTION APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT with ACI Sunbow, LLP, for Community Facilities District No. 2000-1 (Sunbow II - Villages 5 through 10). This is the formal action approving the Acquisition/Finance Agreement, establishing the procedure for acquiring the improvements from the developer, including provisions which allow for the incremental acquisition of complete discreet components of a project, rather than requiring the project be fully completed and accepted by the City prior to acquisition. The agreement provides the City in no event shall the cost or value of the construction of the improvements be deemed to exceed the construction contract prices set forth in the contracts approved by the City. · The agreement also conditions that the purchase of said discreet improvements from the developer will be in compliance with all the applicable conditions and obligations imposed on the property within CFD 2000-1. These conditions and obligations are pursuant to the land use entitlements approved by the City, including but not limited to, payment of all applicable fees, dedication of right-of-ways or other property (i.e. parks, open space, etc), payment of assessments installments or special taxes, and construction of all applicable public improvements. · In addition, the agreement provides that the Purchase Price for an Improvement or each Discrete Components thereof shall not exceed two increments: 1) the "Base Increment" which shall be an amount not to exceed 75% of the Purchase Price for such Improvements or Discrete Component thereof and, 2) the "Retained Increment" which shall be an mount not to exceed the remaining, unpaid portion of the Purchase Price for such Improvements determined pursuant to the provisions specified in the agreement. · Staff has reviewed the proposed agreement and the conditions requiring compliance with the approved land use entitlements will provide enough security to guarantee completion of the improvements while ensuring the financial health of CFD 2000-1. · The City retained the firm of Best Best & Krieger LLP as Bond Counsel for CFD 2000-1. Bond Counsel drafted this agreement, for and on behalf of the City with input and review by City staff and the consultant team. Page 7, Item Meeting Date 7/25/2000 (B) The RESOLU2'/ON AUTHORIZING THE ISSUANCE OF BONDS AND APPROVING THE, FORM OF CERTAIN RELATED DOCUMENTS authorizes the issuance of limited obligation bonds, pursuant to the Mello-Roos Act in a principal amount not to exceed $7.4 million. The final bond sale amount will be known once the interest on the bonds is determined at the bond sale. In addition, the resolution approves the form of the following documents: The Bond Indenture (Exhibit 5). between the City and the Fiscal Agent, US Bank Trust National Association, that sets forth the terms and conditions relating to the issuance and sale of the bonds. · The Bond Purchase Contract (Exhibit 6). The Bond Purchase Contract authorizes the sale of bonds to the designated Underwriter (Stone & Youngberg LLC). The underwriter's discount for this negotiated sale is not to exceed 1.80% of the total bond amount that translates into a fee not to exceed $133,200 ( based on a projected bond issue size of $7.4 million) · The Preliminary Official Statement (Exhibit 7) describing the Community Facilities District and type of bonds, including terms and conditions thereof, for the potential bondholders. · Continuing Disclosure Agreement between the City and U.S. Bank Trust National Association, as dissemination agent, pursuant to which the City is required to disclose certain financial information on an annual basis regarding the Community Facilities District and certain significant events. These disclosures include but are not limited to: Special tax delinquencies Bond calls Events reducing density or causing modifications Other events reflecting financial difficulties of CFD 2000-1 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 annual interest rate on the bonds to exceed 8%, or in a purchase price for such bonds not less than 2% of the par amount of the bonds (excluding original issue discount, if any). Future Action Adoption of tonight's resolution will approve the Acquisition/Financing Agreement for CFD 2000-1, and authorize the issuance of bonds, and approve the form of related documents. The issuance of the bonds is anticipated in August 2000. The acquisition of improvements is anticipated to begin shortly after the bond sale. This is due to the completion of certain improvements approved for the CFD 2000-1. Page 8, Item Meeting Date 7/25/2000 FISCAL IMPACT: None, the developer will pay all costs and has deposited money to fund initial consultant costs, and City costs in accordance with the approved Reimbursement Agreement. The City will receive the benefit of the full cost recovery for staff time involved in district formation and administration activities. StaffanticipatesthatmostoftheCFD2000-1 administration will be contracted out. The CFD administration cost is estimated at $35,000 annually dttfing. In accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding capacity to provide the financing mechanism for the construction of the proposed improvements, the developer will pay one percent (1%) of the total bond sale. Based on a bond sale mount of $7.4 million, said monetary compensation would be $74,000. Said amount will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by CFD 2000-1. Attachments: Exhibit 1: Boundary Map for CFD 2000-1 Exhibit 2: Acquisition and Financing Agreement for CFD 2000-1 Exhibit 3: Special Tax Report for CFD 2000-1 Exhibit 4: Estimated Value to Lien Ratios Based on Appraisal Exhibit 5: Bond Indenture for CFD 2000-1 Exhibit 6: Bond Purchase Contract for CFD 2000-1 Exhibit 7: Preliminary Official Statement for CFD 2000-1 H:\SHARED\ENGINEER\CFD2000 7-25\Casrevisedl.doc 7/19/004:16:28 PM RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has held and conducted proceedings relating to the levy of special taxes and the issuance of bonds in a community facilities district to finance the acquisition of certain public improvements, as authorized pursuant to the terms and provisions of the '~Mello-Roos Community Facilities Act of 1982", being Chapter 2.5. Part 1, Division 2, Title $ 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, $ 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"). Such community facilities district is designated as COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) (the "District"); and, WHEREAS, the District was formed for the purpose of financing the acquisition of such public improvements from ACI Sunbow, LLC, the master developer of the property within the District (the "Developer"); and, WHEREAS, the City and the Developer have negotiated the terms and conditions pursuant to which the public improvements are to be acquired by the City and bonds are to be issued to finance the acquisition of such public improvements and such terms and conditions have been memorialized in an Acquisition/Financing Agreement by and between the City and the Developer (the "Acquisition/Financing Agreement"), the form of which has been presented to this City Council for its consideration and approval. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The form of Acquisition/Financing Agreement, herewith submitted, is approved substantially in the form submitted. The City Manager or the Director of Finance are each hereby authorized to execute the final form of such agreement on behalf of the City. The City Manager or the Finance Director, subject to the review of the City Attorney and Best Best & Krieger LLP, Bond Counsel, are each authorized to approve changes in such agreement de~med to be in the best interests of the City, approval of such changes to be evidenced by the execution of such agreement. PREPARED BY: APPROVED AS TO FORM BY: Director of Public Works 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. 2000-1 (SUNBOW II-VILLAGES 5 THROUGH 10), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIM[NARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS 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") 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"), said Community Facilities District designated as COMMUNITY FACILITIES NO. 2000-1 (SUNBOW II-VILLAGES 5 THROUGH I0) (the "Community Facilities District") for the purpose of financing the acquisition of certain public improvements; and, WHEREAS, this City Council has previously declared its intention to issue bonds to finance the acquisition of such improvements, such bonds be issued pursuant to the terms and provisions of the Act and the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts, as amended to date (the "Goals and Policies"); and, WHEREAS, at this time this City Council desires to set forth the general terms and conditions relating to the authorization, issuance and administration of such bonds; and, WHEREAS, the forms of the following documents have been presented to and considered for approval by this City Council: A. Bond Indenture by and between the Community Facilities District and U.S. Bank Trust National Association, as fiscal agent (the "Fiscal Agent") setting forth the terms and conditions relating to the issuance and sale of bonds (the "Bond Indenture"); B. Bond Purchase Agreement authorizing the sale of bonds to Stone & Youngberg LLC, the designated underwriter (the ''Bond Purchase Agreement "); C. Preliminary Offcial Statement containing information includ'mg but not limited to the Community Facilities District and the bonds, including the terms and conditions thereof (the "Preliminary Official Statement"); and D. Confmuing Disclosure Agreement by and between the Community Fae'flities District and U.S. Bank Trust National Association, as dissemination agent (the "Dissemination Agent"), pursuant to which the Community Facilities District will be obligated to provide ongoing annual disclosure relating to the bonds (the "Continuing Disclosure Agreement"); and WHEREAS, this City Council, with the aid of City staff, has reviewed and considered the Bond Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement and the Preliminary Official Statement and finds those 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 and in the issuance 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 Cafffornia, 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. SECTION2. Determinations. This legislative body hereby makes the following determinations pertaining to the proposed issuance of the Bonds: (a) The Goals and Policies generally require that the full cash value of the properties within the Community Facilities District subject to the levy of the special taxes must be at least 4 times the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on property within the Community Facilities District or a special assessment levied on property within the Community Facilities District (collectively, "Land Secured Bonded Indebtedness').The Act authorizes the City Council, acting as the legislative body of the Community Facilities District, to sell the Bonds only if the City Council has determined prior to the award of the sale of the Bonds that the value of such properties will be at least 3 times such Land Secured Indebtedness. The value of the property within Community Facilities District which will be subject to the special tax to pay debt service on the Bonds will be at least 4 times the Land Secured Bonded Indebtedness Allocable to such properties. The Goals and Policies further provide that the full cash value of each development area for which no final subdivision maps have been filed must also he at least 4 times the Land Secured 2 / Bonded Indebtedness allocable to each such property. The value of each such development area will be at least 4 times the Land Secured Indebtedness allocable to each such area. The foregoing determinations are based upon the full cash value of such properties and development areas as shown upon an appraisal of the subject properties prepared by Bruce W. Hull & Associates, a state certified real estate appraiser, as defined in Business and Professions Code Section 11340(c). Such determination was made in a manner consistent with the Goals and Policies. (b) The terms and conditions of the Bonds as contained in the Bond Indenture are consistent with and conform to the Goals and Policies. (c) As a result of the current status of development of the property within the Community Facilities District and the relative overall lack of diversity of ownership of property within the Community Facilities District, the private sale of the Bonds will result in a lower overall cost to the Community Facilities District. SECTION 2. Bonds Authorized. Pursuant to the Community Facilities District Law, this Resolution and the Bond Indenture, special tax bonds of the Community Facilities District designated as "City of Chula Vista Community Facilities District No. 2000-1 (Sunbow H-Villages 5 Through 10) Special Tax Bonds, Series 2000" (the "Bonds") in an aggregate principal amount not to exceed · $8,000,000 are hereby authorized to be issued. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms, covenants and conditions of the Bonds shall be as provided in the Bond Indenture as finally executed. SECTION 3. Authorization and Conditions. The Director of Finance and such other official or officials of the City as may be designated by this City Council (each, an "Authorized Officer") are each hereby authorized and directed to execute and deliver the final form of the various documents and instruments described in this Resolution, with such additions thereto or changes therein as such Authorized Officer may deem necessary and advisable provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of $8,000,000, an annual interest rate on the Bonds in excess of eight percent ( 8.0 %) per year and a purchase price for the Bonds not less than ot~e and seventy five hundredths percent (1.75%) of the par amount of the Bonds (excluding original issue discount, if any). The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of such documents or instruments by an Authorized Officer, upon consultation with and review by the City Attorney and Best Best & Krieger LLP, the Community Facilities District's bond counsel SECTION 4. Bond Indenture. The form of Bond Indenture by and between the Community Facilities District and the Fiscal Agent, with respect to the Bonds 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 Community Facilities District, subject to the provisions of Section 3 above. SECTION 5. Official Statement and Continuing Disclosure Agreement. The City Council hereby approves the form of the Preliminary Official Statement 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 the Preliminary Official Statement 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 Official Statement, 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 Official Statement by the Community Facilities District. The City Council hereby authorizes the distribution of the final Official Statement by the Underwriter as the initial purchaser of the Bonds. The form of Continuing Disclosure Agreement by and between the Community Facilities District and the Dissemination Agent 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 Community Facilities District, subject to the provisions of Section 3 above. SECTION 6. Sale of Bonds. This City Council hereby authorizes and approves the negotiated sale of the Bonds to Stone & Youngberg LLC (the "Underwriter"). The form of the Bond Purchase Agreement is hereby approved and an Authorized Officer is hereby authorized and directed to execute the Bond Purchase Agreement on behalf of the Community Facilities District upon the execution thereof by the Underwriter, subject to the provisions of Section 3 above. SECTION 7. Bonds Prepared and Delivered. Upon the execution of the Bond Purchase Agreement, the Bonds shall be prepared, authenticated and delivered, all in accordance with the applicable terms of the Community Facilities District Law and the Bond Indenture, and any Authorized Officer and other responsible City officials, acting for and on behalf of the Community Facilities District, are hereby authorized and directed to take such actions as are required under the Bond Purchase Agreement and the Bond Indenture to complete all actions required to evidence the delivery of the Bonds upon the receipt of the purchase price thereof from the Underwriter. SECTION 8. Actions. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the Community Facilities District and the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the City, acting for and on behalf of the Community Facilities 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, and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with the Community Facilities District Law, this Resolution, the Bond Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and any certificate, agreement, contract, and other document described in the documents herein approved. SECTION 9. Effective Date. This resolution shall take effect from and after its adoption. Presented by Approved as to roma by John P. Lippitt, Jo/l~aheny, ~/ Public Works Director F~ity Attorney Lea jue of t:alifornia (]ties RECEIVED 1400 K Street Sacramento, CA 95814 ~0 ~ --3 ~]1 ~ 916658.8200 FAX 916 6588240 Better Cities-A Better Life w~v cacities org CIIY OF CHULA ViSl';, CITY CLERK'S OFFICF June 2000 To: The Honorable Mayor and City Council From: John Ferraro, League President, Council President, Los Angeles Re: Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Thursday, September 7 through Saturday, September 9, 2000 in Anaheim, CA. One very important aspect of the annual conference is the annual business meeting when the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that alii cities be represented at the annual business meeting on Saturday, September 9, 2000, at 9 a.m. at the Anaheim Convention Center. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be present at the annual business meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." If the mayor or a member of the city council is in attendance at the conference, it is expected that one of these officials will be designated as the voting delegate. However, if the city council will not have a registered delegate at the conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. League of California Cities Annual Conference Voting Procedures 1. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the annual conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League for use by the Credentials Committee. 4. The voting delegate or alternate may pick up the city's voting card at the annual conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the annual business meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the annual business meeting, exchanges may be made at the annual conference registration area. At the annual business meeting, exchanges may be made at the voting card table located in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the annual business meeting. G:\policy\acres\voteprox.doc