Loading...
HomeMy WebLinkAboutAgenda Packet 2000/05/23 CITY COUNCIL AGENDA May 23, 2000 -Ir 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CHY OF CHULA VISTA 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 6:00 P.M. MAY 23, 2000 CALL TO ORDER ROLL CALL: Councilmcmbcrs Davis, Moot, Padilla, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · pRESENTATION OF A PROCLAMATION PROCLAIMING THE WEEK OF JUNE 19 THROUGH JUNE 23, 2000 AS AFFORDABLE HOUSING WEEK - ACCEPTED BY CHRIS MOXON OF SOUTH BAY COMMUNITY SERVICES CONSENT CALENDAR (Items 1 through 10) 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 after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF M1NUTES for Council meetings September 21, 1999 through November 16, 1999. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney reporting that the City Council did not meet in Closed Session on May 16, 2000. Staff recommendation: The letter be received and filed. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE SELECTION OF THE PERFORMING AND VISUAL ARTS FUND RECIPIENTS AND THEIR MONETARY GRANT AWARDS TOTALING $47,567 AND $200 IN RELATED ADMINISTRATIVE COSTS, FOR A TOTAL OF $47,767 On December 14, 1999, Council approved the Performing and Visual Arts Fund Grant application and disbursement process for granting these funds and appropriated $64,422 from the Amphitheater Performing Arts account to the Library and Recreation Department budget for re-granting purposes. The Office of Cultural Arts, a division of the Library, has administered the application process, which has now been completed. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MOVING THE CLASSIFICATIONS OF ASSISTANT SURVEYOR I AND ASSISTANT SURVEYOR II FROM CVEA TO WCE; AND ADJUSTING THE SALARY RANGES OF BOTH CLASSIFICATIONS The changes recommended for these two classifications is requested to enable recruitment of qualified candidates to fill a vacant position and to create equity within the Engineering classification series. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2000/2001 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT14, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 20, 2000 AT 6:00 P.M. AND JULY 25, 2000 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEAR1NGS Based upon the advice of the City Attorney, agenda items 5 and 6 have been separated fi.om agenda item 7 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this district. Council should note that agenda statement 7 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 14. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE ENGiNEER'S REPORT FOR THE FISCAL YEAR 2000/2001 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 10, DECLARiNG THE iNTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 20, 2000 AT 6:00 P.M. AND JULY 25, 2000 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS Based upon the advice of the City Attorney, agenda items 5 and 6 have been separated fi.om agenda item 7 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this district. Council should note that agenda statement 7 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 10. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 2000/2001 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD AND TOWN CENTRE, AND EASTLAKE MAINTENANCE DISTRICT NO. 1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING JUNE 20, 2000 AT 6:00 P.M. AND JULY 25, 2000 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARiNGS Page 2 - Council Agenda 05/23/2000 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 the proposed open space maintenance. Adoption of the resolution will begin the process for Fiscal Year 2000/2001. The City Engineer has prepared and filed reports on assessments for all existing open space districts. Adoption of the resolution will approve the reports and set the dates for public hearings to consider the levy of assessments and collection of funds. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 8 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 00-01, EASTLAKE TRAILS SOUTH TS-7, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 00-01, EASTLAKE TRAILS SOUTH TS-7, REQUIRING SHEA HOMES TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION 19704 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 4, 1999, by Resolution 19447, Council approved the Tentative Subdivision Map for Chula Vista Tract No. 99-03, EastLake Trails South, which included the subject property as a sheet-graded pad labeled as Lot 536, TS-7. On December 7, 1999, by Resolution 19704, Council approved the Tentative Subdivision Map for Chula Vista Tract No. 00-01, EastLake Trails South TS-7, labeling the site as a condominium site. Said Tentative Map was approved based on certain conditions in which Shea Homes (Developer) agreed to comply with and which were established by said resolution. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF THE DESILTATION AND MAINTENANCE AGREEMENT BETWEEN THE CITY, OTAY PROJECT, LP AND LB/L-RWR OTAY 62 & 91 LLC TO PROVIDE FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS 1N THE TELEGRAPH CANYON CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 05/23/2000 Page 3 - Council Agenda The Tentative Map conditions for the proposed development of Village One West (Otay Ranch SPA One) require compliance with certain requirements regarding maintenance of the Telegraph Canyon drainage channel improvements. In addition, Council Policy No. 522-02 requires the developer to maintain the drainage improvements for five years. Currently, the Otay Ranch Company is processing rough grading plans with the City for a portion of their project (northerly of East Palomar Street) draining to Telegraph Canyon. Issuance of the grading permit is anticipated shortly. The subject agreement delineates the developer's responsibilities for maintaining the proposed improvements and establishes the security requirements to ensure their performance. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10. QUARTERLY FISCAL STATUS REPORT FOR THE THIRD QUARTER OF FISCAL YEAR 1999/2000 In accordance with Charter Section 504(f), a report is being submitted covering the third quarter of Fiscal Year 1999/2000. (Deputy City Manager Powell) Staff recommendation: Council accept the report. 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. 11. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AND A NEW ORDINANCE AMENDING CITY ORDINANCE 2554, AND A RESOLUTION RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA Amendment of City Ordinance 2554 is recommended, on an urgency basis, to increase development impact fees (PFDIF) by $468 per equivalent dwelling unit, to pay for various public facilities Citywide. The fee was last reviewed in 1992-93. This item further calls for the City to appropriate $249,495 to the PFDIF program from the City's general fund; and adoption of the comprehensive 1999 PFDIF Update, which details a number of primary recommendations, project timelines and funding sources. (Assistant City Manager Krempl) Staff recommendation: Council conduct the public heating, place the ordinance on first reading, and adopt the following urgency ordinance and resolution: Page 4 - Council Agenda 05/23/2000 A. URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY B. ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) CONTINUE TO BE NEEDED FOR THE PURPOSES DETAILED 1N THE INDIVIDUAL PFDIF PROGRAM PROJECT COMPONENTS, AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET APPROPRIATING $249,945 TO THE PFDIF PROGRAM FROM THE GENERAL FUND BASED ON UNANTICIPATED REVENUES FROM AN EXIST1NG DIF CREDIT, ADOPTING THE FIRE STATION MASTER PLAN 1997 UPDATE, AND ADOPTING THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE 1999 UPDATE (4/5THS VOTE REQUIRED) 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. 12. CONSIDERATION OF APPROVAL OF A FIRST AMENDMENT TO THE AGREEMENT BETWEEN RNL DESIGN AND THE CITY OF CHULA VISTA FOR pREPARATION OF CORPORATION YARD CONSTRUCTION DRAWINGS On October 19, 1999, Council approved an agreement with RNL Design for the preparation of construction drawings for the new corporation yard. Since the original agreement was prepared, additional activities have been added to the functions moving to the new facility. This has required additional work on the part of the design team. (Director of Public Works) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE AGREEMENT BETWEEN RNL DESIGN AND THE CITY OF CHULA VISTA FOR PREPARATION OF CORPORATION YARD CONSTRUCTION DRAWINGS Page 5 - Council Agenda 05/23/2000 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 13. CITY MANAGER'S REPORTS A. Scheduling of meetings B. Presentation of Proposed Budget for Fiscal Year 2000-2001 14. MAYOR'S REPORTS A. Renaming of Halecrest Park to Gayle L. McCandliss Park 15. COUNCiL COMMENTS A. Councilmember Moot: Ratification of appointment to the Mobilehome Rent Review Commission - Mark G. Marchand CLOSED SESSION 16. CONFERENCE WITH LEGAL COUNSEL REGARDiNG ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case - Claim no. 99-00-009 17. CONFERENCE WITH LEGAL COUNSEL REGARDiNG SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTiNG LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) · Brentwood Mobilehome Park v. City of Chula Vista, S26517 ADJOURNMENT to an Adjourned Meeting of the City Council on May 25, 2000, at 4:00 p.m. in the Council Conference Room, and thence to an Adjourned Meeting on May 30, 2000, at 6:00 p.m. in the Council Conference Room, and thence to an Adjourned Meeting on June 5, 2000 at 6:00 p.m. in the Council Conference Room, and thence to a Regular Meeting on June 6, 2000 at 4:00 p.m. in the Council Chambers, immediately followed by an Adjourned Meeting in the Council Conference Room. Page 6 - Cotmcil Agenda 05/23/2000 CI'IY OF CHUIA VISI'A OFFICE OF THE CITY ATTORNEY Date: May 17, 2000 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney y~--- Re: Report Regarding Actions Taken in Closed Session for the Meeting of 5/16/00 The City Attorney hereby reports that the City Council did not meet in Closed Session on May 16, 2000. JMK: C:\lt\clossess no 276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619) 409-5823 COUNCIL AGENDA STATEMENT Item: ~.~ Meeting Date: 5/23/00 ITEM TITLE: Resolution Approving the Performing and Visual Arts Task Force selection of the Performing and Visual Arts Grant recipients and their monetary grant awards totaling $47,567 and $200 in related administrative costs, for a total of $47,767 SUBMITTED BY: Deputy City Manager Palme(4f~ REVIEWED BY: City Manager t2~d ~t (4/Sths Vote: Yes No X ) In 1997, the City Council approved a Sublease with the House of Blues Concerts, Inc. (formerly Universal Concerts) which established a process whereby ticket sales proceeds at the Coors Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund. This fund, referred to as the "Performing and Visual Arts Fund", was designated to be used for arts grants for the Chula Vista community. The purpose of this fund was to promote and stimulate the growth of cultural arts within the City of Chula Vista through a grant application process for local performing and visual arts groups and individuals. In February 1999, the Visual and Performing Arts Task Force, appointed by the Mayor, began drafting criteria for the allocation of the Performing Arts Fhnd, as well as a process to administer these allocations. On December 14, 1999, the City Council approved the Performing and Visual Arts Fund Grant Application and disbursement process for granting these funds and appropriated $64,422 from the Amphitheater Performing Arts Account to the Library and Recreation Department budget for re-granting purposes (ATTACHMENT A). The Office of Cultural Arts, a division of the Library, has administered the application process, which has now been completed. STAFF RECOMMENDATION: That Council approve the Performing and Visual Arts Task Force selection of the Performing and Visual Arts Grant recipients (as listed below) and related administrative costs totaling $47,767. BOARDS/COMMISSIONS RECOMMENDATION: None T ! 1 I Page 2, Item: __ Meeting Date: 5/23/00 DISCUSSION: In late 1998, an advisory commission was established, as called for in the House of Blues (Universal Concerts) sublease. The following individuals are currently members of this (advisory commission) seven-member Task Force: Mayor Shirley Horton Scott Alevy, Member at Large Nora McMartin, City staff representative Lan'y Perondi, Sweetwater Union High School representative Tracy Goodwin, Chula Vista Elementary School representative Buck Martin, House of Blues Concerts representative William Virchis, Cultural Arts Commission representative Over the last year and a half the Task Force has established the funding criteria and the application process. The actual Performing and Visual Arts Fund Grant Application process itself was administered by the Office of Cultural Arts. The Office began the process by conducting two "Technical Workshops" on January 20 and January 22, 2000, to assist applicants with the process. Over 125 people attended the workshops and a total of one hundred and fifty "Performing and Visual Arts Fund Grant Application Packets" were distributed to arts groups and individuals in the Chula Vista community (ATTACHMENT B). The "Technical Workshops" and "Grant Application Packets" highlighted a number of points: l~ho Could Apply - General Eligibility · Chula Vista-based tax-exempt, non-profit organizations · Chula Vista-based educational institutions · Chula Vista-based religious organizations · Performance groups associated with Chula Vista-based educational institutions · Visual Arts groups associated with Chula Vista-based educational institutions The City of Chula Vista and its various Departments, Boards and Commissions · Individuals who reside in Chula Vista (scholarships for study) · Travel expenses related to a performing or visual exhibition in Chula Vista Page 3, Item: Meeting Date: 5/23/00 Examples of How Grant Funds Could be Used · To pay an artist for a performance or exhibition · Materials for a creative event · Printing associated with an event or production · Costumes for a production · Materials needed for an event or production · Art/music/dance projects in schools · Programs that promote cultural diversity or cultural tourism Eligibility Period or Timeframe · Eligible events or productions held in calendar year 2000 only Grant Application Scoring Criteria · Project Administration Capability Maximum of 10 points · Artistic Merit Maximum of 30 points for organizations and 50 points for individual artists · Creativity and Innovation Maximum of 20 points · Community Impact Maximum of 20 points · Societal Relevance Maximum of 20 points for organizations (not applicable for individual artists) RanMngs Based Upon Scoring Criteria · 4 ranking - 100-89 points Designates an applicant as the highest priority for funding. These are considered to be "model" in stature and to meet all review criteria to the highest degree. · 3 ranking - 88 - 79 points Considered good to excellent and receives funding, but less than that of a "4" designate applicant. This is a very good ranking and indicates a very solid organization/project that is approaching "model" status. However, there is room for improvement or development. · 2 ranking - 78 - 65 points Considered to be marginally fundable, and only if there are available funds. Applicant shows some merit, but does not meet the criteria in a strong or solid way · 1 ranking - 64 and below Not fundable under any circumstances, inappropriate for funding. ...... I ' ! l[ Page 4, Item: __ Meeting Date: 5/23/00 All interested parties were instructed that final applications were due on Friday, February 25, 2000. The Sublease that established the arts fund originally did not include a provision to award grants for visual art projects, scholarships and travel. LIowever, the Task Force wished to include these categories in the grant selection process. During the application process, applicants were encouraged to apply in these categories. Applicants were informed that final awards in these categories were contingent upon approval from House of Blues to amend the original Sublease. That approval was received in April 2000 (ATTACHMENT C) and as a result, the Task Force did evaluate grant requests that fell into these categories. Forty-one applications totaling $81,687 in requests were received by the due date, (ATTACHMENT D). Upon receipt, the Office of Cultural Arts sent a copy of each application to the seven members of the Visual and Performing Arts Task Force for their review and numerical scoring on February 28, 2000. The forty-one grant applications were then reviewed and ranked by the pre-established criteria by the Task Force at two meetings on April 12 and April 25, 2000. At the April 25th meeting, the Task Force selected twenty-four applicants, based upon their ranking, for receipt of the Performing and Visual Arts Fund Grants. The Task Force recommends they receive the following awards, totaling $41,125: APPLICANTS RECEIViNG A "4" RANKING (THE HIGHEST SCORE) · Black Film Festival, in partnership with the Cultural Arts Commission $2,000 To provide funding to help defray performance costs during the Vintage Film Screenings, Children's Film Screenings, and Independent Film Competitions at the annual Black Film Festival held at the Regal Theater in Chlda Vista in February 2000 · Chula Vista High School for the Creative and Performing Arts $2,500 To provide funding to expand the participation of local high schools and middle schools in the Chula Vista Band Review (Parade) in the fall 2000 · Chula Vista Public Library $2,500 To provide fi~nding for performing arts groups for the benefit of the children who participate in the 2000 Summer Reading Club Page 5, Item: Meeting Date: 5/23/00 · Chula Vista Public Library $ 400 To providefundingfor set designs, costuming, etc. for The 2000 Halloween Theatrical Storytelling Festival at the Civic Center Branch Library · Chula Vista Public Library $2,175 To provide funding for a concert in Memorial Bowl to honor and recognize the thousands of volunteers in Chula Vista in fall 2000 · Chula Vista Public Library $2,500 To provide funding for musical performances and film shows for young adults who have participated in the 2000 Young Adult Summer Reading Club Program · Cultural Arts Commission $2,500 To provide funding to help defray costs for the annual Chula Vista Summer Concert Series, "Music in the Park", which takes place in Memorial Bowl and EastLake Community Park, June -August, 2000 · Cultural Arts Commission $2,500 To provide funding to help defray costs for the annual Chula Vista Visual and Performing Arts Festival (Taste of the Arts) held in Marina View Park in April 2000 · Friends of the Civic Center Library $2,500 To provide funding to help defray costs for the 2000 "Library Cultural Program Series" at the Civic Center Branch Library · Friends of the South Chula Vista Library $1,200 To provide funding to help defray costs for the 2000 "Library Cultural Programs" at the South Chula Vista Branch Library · Media Arts Center of San Diego, in partnership with the Chula Vista Cultural Arts Commission $2,500 To provide funding to help defray performance costs for the annual "Cine Mexicano" Film Series to be hem August-September, 2000 · OnStage Playhouse $2,500 To provide funding to help defray costs for the premier production of "Bandido" by Luis Valdez · I I~ Page 6, Item: __ Meeting Date: 5/23/00 · Sweet Adelines $ 750 To provide funding to take "Barbershop Music" workshops to the Chula Vista elementary schools and to organize quartets in the middle and high schools APPLICANTS RECEIVING A "3" RANKING (THE SECOND HIGHEST SCORE) · Chula Vista Art Guild/Art Lecture Series $ 800 To provide funding for eight art workshops and demonstrations for the public · Friends of the Arts $2,500 To provide funding for arts education to children in under-served neighborhoods in grades two through six that will culminate in a youth art exhibition and music performance at the Downtown Arts Center on Third Avenue · Friends of the Chula Vista Heritage Museum $2,500 To provide funding to create a series of public art pieces that show the historical heritage of the Third Avenue business district · Mariachi Scholarship Foundation/Southwest High $2,500 To provide funding to defray costs for the "Fourth Annual Mariachi Schools Conference" which will expose local students and the community to world class performances APPLICANTS RECEIVING A "2" RANKING (THE THIRD HIGHEST SCORE) · Bonita Artists Potpourri $1,000 To provide funding to raise the awareness of arts in the community by presenting community workshops in painting and drawing · Bonita Business and Professional Association $1,500 To provide funding to defray costs for showcasing local music groups at the August 2000 kick-off event for Bonitafest · First United Methodist Church of Chula Vista $1,200 To provide funding to defray costs for presenting the musical production "Godspell" to the community during summer 2000 · Hilltop High School Theatre $ 500 To provide funding to defray costs for presenting the musical production "Guys and Dolls" during spring 2000 Page 7, Item: __ Meeting Date: 5/23/00 · Loma Verde Elementary/Fair Winds Family Resource Center $ 700 To provide funding to defray costs for students and parents to create a mural on the outside walls of the school · Rice Elementary/New Directions Family Resource Center $ 700 To provide funding to defray costs for a collaborative mural with Rice Elementary School, Chula Vista High and Southwestern College students to be located at the Rice Elementary School · Rosebank Elementary School $ 700 To provide funding to defray costs for the purpose of exploring primitive cultures through a study of folk art, music and gourds In addition, The Task Force recommends that a grant award of $6,442 (10% of the $64,422 in the Arts Fund) also be given to the Cultural Arts Commission for the purpose of producing one or two community programs at the Coors Amphitheater. As approved by the City Council on December 14, 1999, and the House of Blues on April 21, 2000, the Performing and Visual Arts Task Force was granted the authority to act on behalf of the City of Chula Vista to schedule performing events at the Coors's Amphitheater for a maximum of eighteen (18) calendar days per year. With these funds, the Task Force would like the Cultural Arts Commission, with staff assistance from the Office of Cultural Arts, to plan and conduct these events. Finally, the Task Force recommends that the Office of Cultural Arts be reimbursed $200 to cover costs already incurred in setting up the two Technical Workshops and in the printing and mailing of the grants packets. FISCAL IMPACT: There is no General Fund impact associated with these grants. The City Council had previously appropriated $64,422 for re-granting purposes from the Amphitheater Performing Arts Revenues. The Performing and Visual Arts Task Force is recommending that a total of $47,767 be approved for the arts grants and related administrative costs. This will leave a remaining appropriated balance of $16,655 to be available throughout the balance of this fiscal year for emergency grant requests and administrative (printing, postage, etc) costs in preparation for the 2001 grant cycle which will begin in December 2000. Any remaining funds may be carried over and added to next year's program. The Office of Cultural Arts will manage the contractual agreements and grant payments with the recipients. Page 8, Item: Meeting Date: 5/23/00 Attachments "A" A113 Approving amendments to the sublease between the City of Chula Vista and House of Blues "B" Performing and Visual Arts Fund Grant Application Packet "C" Letter from Coors Amphitheater/House of Blues "D" List of Applicants Attachment A COUNCIL AGENDA STATEMENT Item: Meeting Date: 12/14/99 ITEM TITLE: Resolution ~(~ '~,~..~ Approving amendments to the sublease between the City of Chula Vista and House of Blues Concerts, Inc relating to the Performing and Visual Arts Task Force; the application and disbursement process of funds fi-om a portion of ticket sales at the Coors Amphitheater; the allocation process for the Community Use Days; and authorizing staff to prepare a formal amendment for execution by the Mayor; and amending the FY 99/00 budget by appropriating unanticipated revenue in the amount of $64,422 to the Library and Recreation Department budget for expenditures associated with the Performing and Visual Arts Fund SUBMITTED BY: Library. and Recreation Director ~01 REVIEWED BY: CID" Manager (4/5th Vote: Yes X No ) In 1997, the City Council approved a Sublease with House of Blues Concerts, Inc. (formerly Universal Concerts) which established a process whereby ticket sales proceeds at Coors Amphitheater would be paid to the City and utilized for a Performing Arts Fund. In addition, the City was granted a license to use the amphitheater facility for eighteen (18) cal'endar days per year. In February 1999, a Task Force appointed by the Mayor began drafting criter/a for the allocation of the Performing Arts Fund and the Corrmaunity Use Days, as well as a process to administer these allocations. The Task Force has now completed these tasks. STAFF RECOMMENDATION: That Council approve the resolution: 1. Approving the amendments to the sublease between the City of Chula Vista and House of Blues Concerts, Inc. relating to the Performing and Visual Arts Task Force; and 2. Approving the apphcation and disbursement process for granting of funds fi-om a portion of the ticket sales at Coors Amphitheater; and 3. Approving the allocation process for granting use of the amphitheater's Community Use Days; and 4. Authorizing staff to prepare a formal amendment for execution by the Mayor; and [H:\home\library~A113~Peforming & Visual Arts Fund Process.doc- 12/01/99] Item: , Page 2 Meeting Date: 12/14/99 5. Amending the FY 99/00 budget by appropriating unanticipated revenue in the amount of $64,422 to the Library and Recreation Depmtment budget for expenditures associated with the Performing Arts Fund. BOARD/COMMISSION RECOMMENDATION: The Cultural Arts Commission approved the allocation and disbursement plans proposed by the Task Force at their October 1 t, 1999 meeting (ATTACHMENT A). DISCUSSION: THE EXISTING AGREEMENT The Sublease (ATTACHB/IENT B) between the City and House of Blues Concerts, Inc. provides for toro important public benefits: Pet?orming Arts Fund For each ticket sold to an event, which is promoted and presented by House of Blues Concerts, the City assesses a fee to be used for performing arts in the City. This fee is assessed on a sliding scale: a. $0.15 per ticket for the first 100,000 tickets sold in each calendar year; and b. $0.25 per ticket for the next 100,000 tickets sold in each calendar year; and c. $0.35 per ticket for the next 100,000 tickets sold in each calendar year; and d. $0.50 per ticket for all remaining tickets sold in each calendar year The agreement calls for the funds to be administered by an advisory commission appointed by the City Council, with final decisions concerning the use of the fimds to be made by the City Council, based upon recommendations of the commission. Finally, the agreement outlines that the funds may be used only to underwrite the cost of performing fine arts presentations (i.e. orchestral, symphonic or chamber music, opera, live theater and dance, as opposed to visual arts, pop music or other purposes) conducted within the city limits of Chula Vista. City's Use of the Amphitheater (Community Use Days) The agreement provides the City with a license to use the amphitheater for up to eighteen (18) days per calendar year. Use is limited to civic events, such as graduations, award ceremonies, and rehgious services. The agreement precludes use of the amphitheater for events or activities that are similar to, or competitive with, the types of activities normally conducted by House of Blues Concerts, Inc. [H:~home~library~Al 13kPeforming & Visual Arts Fund Process.dec- I2/01/99] Item:. .Page3 Meeting Date: 12/14/99 The agreement calls for the City. to notify House of Blues at least sixty (60) days in advance of its desired use of the amphitheater. Although rent will not be charged, the City (or any group authorized by the City to use one of the eighteen days) must pay for all out-of-pocket expenses incurred by House of Blues. Such expenses include, but are not limited to, janitorial, secuhty, medical, superv/sory personnel, ushers, and utilities. THE TASK FORCE (Advisory Commission) In late 1998, the following individuals were appointed to the advisory commission called for in the agreement: Mayor Shirley Horton Scott Alevy, Member at Large Bonnie Johnston, Chula Vista Elementary School representative Nora McMartin, City. staffrepresentative Larry Perondi, Sweetwater Union High School representative Barry Russell, Southwestern College representative David Smith, House of Blues Concerts representative William Virchis, Cultural Arts Commission representative Over the past year, Dr. Russell and Ms. Johnston have both resigned. Mr. Virchis now represents both Southwestern College and the Cultural Arts Commission. An appointment to replace Ms. Johnston is pending. Coors Amphitheater's General Manager Buck Martin has replaced Mr. Sm/th as a voting member. The Task Force began its work in February 1999, and discussed amendments to the agreement with House of Blues Concerts, Inc.; the process for application and disbursement of monies fi.om the Performing Arts Fund, and recommendations pertaining to the Community Use Days. TASK FORCE PROPOSED AMENDMENTS TO THE AGREEMENT Performing Arts Fund During the discussion regarding applicant eligibility and award criteria, the Task Force came to a consensus on a number of issues outside of the perimeters of the existing agreement. They are: · Visual arts should be eligible for fimding; and · Funds should be able to be used for scholarships to encourage the growth of local talent; and · The restriction on funding performances outside the City limits should be dropped. This will allow local groups the oppommity to apply for travel stipends to perform outside of Chula Vista. The Task Fome further recommends that travel awards not {H:\home\library~A 113~Peforrmng & Visual Arts Fund Process.doc- 12/01/99] -41 Item: . Page 4 Meeting Date: 12/14/99 exceed $1,000 per request and that the total mount of travel monies awarded not exceed 10% of the total Performing/Visual Arts Fund budget. Any group or · individual awarded travel money must agree to conduct one fi'ce performance/exhibit within the City limits. The Task Force also wished to further define "pop music" since the agreement prohibits funding of such type of performances. The new wording as proposed by House of Blues Concerts now states: Pop music, as defined for this purpose, would be hmited to concerts or live entertainment events or similar events, that would not be competitive with the types of activities normally conducted by Universal Concerts. Finally, the Task Force recommended that the advisory commission outlined in the original agreement be renamed the "Performing and Visual Arts Task Force." Community Use Days The Task Force recommends that the Performing and Visual Arts Task Force be given the final authority to approve the applications for use of the eighteen Community Days at the amphitheater based upon applications received. As a result, these requests would not be forwarded to the City Council for approval. Legal and Contractual Issues House of Blues Concerts' representative to the Task Force has agreed to these proposed amendments to the original sublease. The City Attorney's Office has also reviewed these proposed amendments. Originally the City Attorney's Office had expected to negotiate a single purpose amendment related to the above changes. However, the House of Blues Concerts' Legal Department would like to use the opportunity to make other pending amendment changes related to a private sign and access encroachments on public right-of-way; and funding of enhanced landscaping improvements on the Main Street median leading up to the amphitheater. These changes are unrelated to the Performing and Visual Arts Task Force. An amendment which formalizes the Task Force changes proposed in this item, and/or which addresses these other pending issues will be presented for Council consideration at a later date. The amendment changes proposed by the Performing and Visual Arts Task Force will not go into effect until final ratification of all amendment changes by the House of Blues Concerts, Inc. Therefore, all apphcants for visual arts projects, scholarships and travel awards will not be approved until final agreement has been reached by the House of Blues and the City of Chula Vista. The proposed amendment to the sublease relating to the Performing and Visual Arts Task Force are attached (ATTACHMENT C). [H:~home\library~A 113~Peforming & Visual Arts Fund Process.doc- 12/01/99] Item: , page 5, Meeting Date: 12/14/99 TASK FORCE RECOMMENDATIONS TO THE CITY COUNCIL Criteria for the Allocation of the Performing Arts Fund The Task Force recommends that the Performing/Visual Arts Fund established by the sublease between the City and House of Blues be annually re-granted through a formal application process. The following groups and individuals shall be eligible to apply for funds: · Chula Vista based tax-exempt, non-profit organizations · Chula Vista based educational institutions · Chula Vista based religious organizations · Performance groups associated with Chula Vista based educational institutions (i.e., the Music Machine) · The City of Chula Vista and its various depathnents and Boards and Commissions · Individuals who reside in Chula Vista For-profit organizations, institutions and businesses shall not be eligible to apply for funds. Non-Chula Vista based non-profit organizations shall not be eligible to apply for funds. Hosvever, they may partner with Chula Vista based organizations. For example, Sweetwater Union High School District could apply for funds to present a concert by the San Diego Symphony. Individual Chula Vista residents (especially students) shall be eligible to apply, in an effort to develop local talent. Per the agreement, applicants may only apply for funds to underwrite the cost of presentations. Funds shall not be awarded to establish an endowment or trust fund, for administrative costs, for capital projects, for rent of performance or office space, and/or for general operating expenses. In order to facilitate the application process, an application form has been developed (ATTACHMENT D). The simple form asks for general information about the applicant including history, mission, and goals of the organization or individual. The applicant is then required to describe the project for which funds are being requested, including the type of performance or exhibition, proposed date(s), proposed venue(s), and the size and nature of the intended audience. Finally the applicant must report the total projected cost, the anticipated source of all revenues, and the amount of monies being requested fi.om the Arts Fund. Per the agreement, which calls for the Task Force to administer the Arts Fund, it is recommended that the Task Force serve as the application review board. They will, after their deliberations, make a formal recommendation to City Council for monetaxy awards, to specific groups or individuals. The City's Office of Cultural Arts (a division of the Library) will provide technical and administrative support. [H:\hom¢\library~A113~Peforming & Visual Arts Fund Process.doc- 12101/99] Item: . Page 6 Meeting Date: 12/14/99 The formal application process will be conducted once a year. The application process will begin m early January, with grant awards being brought to City Council for final approval in late February. The Task Force requests that the FY 99/00 budget be amended to appropriate $63,032 in proceeds fi-om ticket sales at Coors Amphitheater to the Library and Recreation Department for disbursement for grants awarded. Should all funds not be used m FY 99/00, the remaining funds will be re-budgeted in FY 00/01. During the budget process each fiscal year, the Task Force will make a request to the City Council for the appropriation and budgeting of future funds fi-om ticket sales for the grant allocation process. t~ecommendations Pertaining to the Community Use Days The Task Force recommends that the following groups be eligible to apply for use of the amphitheater during the eighteen days per calendar year allowed for in the agreement: · Chula Vista based non-profit groups and organizations · Chula Vista based educational institutions · Chula Vista based religious organizations · The City of Chula Vista, its departments and Boards and Commissions Priority will be gfiven to those groups requesting dates for youth related and/or community arts events. An application form to apply for Community Use Days at the amphitheater has been developed (ATTACHMENT E). FISCAL IMPACT: There is no General Fund impact related to this program. Per the agreement, House of Blues Concerts, Inc. must pay the arts fund fee to the City on or before February 1st of each calendar year. The City of Chula Vista received $28,518 fi-om ticket sales in 1998 and will receive $35,904 pr/or to February I, 2000. The total amount fi-om the two seasons at the Coors Amphitheater is $64,422. The Task Force expects to generally award individual grants in the $250 to $2,500 range. Funds not granted in a single fiscal year will be "carried over" for use in the next fiscal year. The Task Force will request appropriation of future expected revenue from ticket sales each year during the budget process. Attachments: "A" - Minutes of the October 11, 1999 Cultural Arts Commission meeting "B" - Sublease between the City of Chula Vista and House of Blues Concerts, Inc. "C" - Proposed anaendments to the sublease "D" - Application Form for Performing Arts Fund grant monies "E" - Application Form for Community Use Days [H:~home\library~Al [3~Peforming & Visual Arts Fund Process.doc- 12/01/99] Attachment B Ci'IY OF CHULA VISTA PERFORMING & VISUAL ARTS FUND GRANT APPLICATION PACKET 2000 O~ce of C. Itural Arts CHULA VISTA OFFICE OF CULTURAL ARTS RIC TODD, CULTURAL ARTS COORDINATOR 365 F STREET CHULA VISTA, CA 91910 (619) 585-5627 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts CONTENTS PART 1: PAGE A. PURPOSE 4 B. BACKGROUND INFORMATION 4 C. FUNDING PROCESS 5 D. BUDGET 5 E. SUBMISSION DEADLINE 5 F. GOALS 5 PART 2: A. WHO CAN APPLY- GENERAL ELIGIBILITY 7 B. EXAMPLES OF WHAT GRANTS CAN BE USED FOR 8 C. ARTISTIC DISCIPLINES THAT WILL BE CONSIDERED FOR FUNDING 9 D. WHO CAN NOT APPLY- INELIGIBILITY 11 E. EXAMPLES OF WHAT THE FUNDS MAY NOT BE USED FOR 11 PART 3: REVIEW CRITERIA AND SCORING A. THE REVIEW AND SELECTION PROCESS 13 B. GENERAL CRITERIA AND SCORING 13 C. THE RANKING 14 PART 4: HOW TO APPLY (FOR INDIVIDUAL ARTISTS) 16 INDIVIDUAL ARTIST APPLICATION FORM 17 PART 5: HOW TO APPLY (FOR ORGANIZATIONS) 25 ORGANIZATION APPLICATION FORM 26 PART 6: DELIVERY OF APPLICATION FOR INDIVIDUALS AND ORGANIZATIONS 34 PART 7: BUDGET INFORMATION 36 A. CONTRACTS AND PAYMENTS 36 B. PROJECT CHANGES 36 C. FINANCIAL MANAGEMENT 36 D. PUBLIC ACKNOWLEDGEMENT 37 PART 8: PERFORMING AND VISUAL ARTS FUND GRANT 2000 CALENDAR 39 Perfonmng and Visual Arts Fund Grant Chula Vista Office of Cultural Arts PART 1 A. PURPOSE B. BACKGROUND INFORMATION C. FUNDING PROCESS D. BUDGET E. SUBMISSION DEADLINE F. GOALS 3 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Axis A. PURPOSE: The Performing and Visual Arts Fund Grant Program was established to promote and stimulate the growth of culturai arts within the City of Chula Vista through a grant application process for local performing and visual arts groups and individuals. The grant fund supports art projects in: dance, design arts, media arts, music, photography, theater, traditional/folk arts and visual arts, or interdisciplinary expressions involving more than one of the above fields. At the present time applicants for visual art projects, scholarships and travel awards are encouraged to apply. Applicants should be aware, however, that only preliminary approval for funding these categories has been obtained from the House of Blues Concerts, Inc. It is anticipated that final approval for these three categories will soon be obtained, but until such approval is obtained, actual awards in these categories cannot be made. Through this program the City of Chula Vista's Office of Cultural Arts seeks to equitably and economically support the creative arts. B. BACKGROUND INFORMATION: In 1997 the City Council approved a Sublease with the House of Blues Concerts, Inc. (formerly Universal Concerts) establishing a process whereby a portion of ticket sales proceeds at Coors Amphitheater would be paid to the City to be utilized for a Performing Arts Fund. This fund, referred to as the "Performing and Visual Arts Fund", was designated to be used for arts grants for the Chula Vista community. In February 1999, a Task Force appointed by the Mayor began drafting criteria for the allocation of the Performing Arts Fund, as well as a process to administer these allocations. This process was completed and the Office of Cultural Arts was designated to be in charge of the "Performing and Visual Arts Fund Grant" process with final approval concerning use of these funds being made by the Chula Vista City Council. Task Force Members: Mayor Shirley Horton, Chair Scott Alevy, Member at Large Bonnie Johnston, Chula Vista Elementary School representative Nora McMartin, City staffrepresentative Larry ?erondi, Sweetwater Union High School representative Barry Russell, Southwestern College representative Buck Martin, House of Blues Concerts representative William Virchis, Cultural Arts Commission representative The Office of Cultural Arts: Ric Todd, Cultural Arts Coordinator City of Chula Vista 365 "F" Street Chula Vista CA 91910 (619) 585-5627 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts C. FUNDING PROCESS: Income generated from a percentage of ticket sale proceeds at the Coors Amphitheater in Chula Vista will be awarded annually to qualified applicants. Funding is awarded through the City of Chula Vista's Office of Cultural Arts via an annual competitive application/review process. Applicants must make a clear case for funding, based on established criteria. D. BUDGET: The total budget for the year 2000 grant is $64,422. Since the grant amount is based on a percentage of ticket sales, the amount of money to be awarded will change each year. Residents of Chula Vista may apply either as individuals or as arts organizations. The range of grants is expected to be from $250 to $2,500. E. SUBMISSION DEADLINE: Through its Office of Cultural Arts and the Performing and Visual Arts Task Fome, the City will award grants to Chula Vista organizations and individuals during the year 2000. The GRANT APPLICATION DEADLINE DATE for the current year will be FRIDAY, FEBRUARY 25, 2000, BEFORE 5:00 P.M. The next grant process will take place in February 2001. F. GOALS: 1. To increase public awareness of, and participation in, the visual and performing arts in our community 2. To encourage the growth of local art resources 3. To promote cooperation and collaboration between the City of Chula Vista's Office of Cultural Arts and local performing and visual arts individuals/groups/agencies/organizations/schools 4. To develop cultural venues which will attract both residents and tourists 5. To serve the cultural needs of the community 6. To broaden and leverage public and private support for the performing arts 7. To maintain and preserve the City's artistic cultural and historic heritage 8. To support exemplary community arts education -/9 5 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts PART 2 A. WHO CAN APPLY- GENERAL ELIGIBILITY B. EXAMPLES OF WHAT GRANTS CAN BE USED FOR C. ARTISTIC DISCIPLINES THAT WILL BE CONSIDERED FOR FUNDING D. WHO CAN NOT APPLY- INELIGIBILITY E. EXAMPLES OF WHAT THE FUNDS MAY NOT BE USED FOR 6 Perforrmng and Visual Arts Fund Grant Chula Vista Office of Cultaral Arts A. WHO CAN APPLY- GENERAL ELIGIBILITY 1. Chula Vista based, tax-exempt, non-profit organizations 2. Chula Vista based educational institutions Chula Vista based religious organizations 4. Performance groups associated with Chula Vista based educational institutions 5. Visual arts groups associated with Chula Vista based educational institutions* 6. The City of Chula Vista and its various departments and Boards and Commissions 7. Individuals residing in Chula Vista 8. Individuals who want scholarships for study ($1,000 maximum; must share art skill learned fi.om scholarship with the community)* 9. Groups that want travel expenses related to a performing or visual exhibition ($1,000 maximum; must give back one performance or exhibition to the City of Chula Vista in exchange for the grant)* For-profit organizations, institutions and businesses shall not be eligible to apply for grant funds, shall not be eligible to apply for funds. However, non-Chula Vista based, non-profit organizations may parmer with Chula Vista based organizations. For example, Sweetwater Union High School District could apply for funds to present a concert by the San Diego Symphony in Chula Vista. Individual Chula Vista residents shall be eligible to apply in an effort to develop local talent. *At the current time applicants for visual art projects, scholarships and travel awards are encouraged to apply. However, applicants should be aware that only preliminary approval for these funding categories has been obtained from the House of Blues Concerts, Inc. It is anticipated that final approval for these three categories will be obtained soon, but until such approval is obtained, actual awards in these categories cannot be made. Through this program the City of Chula Vista's Office of Cultural Arts seeks to equitably and economically support the creative arts. Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts B. EXAMPLES OF WHAT THE GRANTS CAN BE USED FOR: 1.Funds to pay an artist for a performance or exhibition 2. Materials for a creative event (i.e., supplies needed for an exhibition) 3. Costs of printing programs for a local event 4. Costumes for a production 5. Materials needed for a project (i.e., paints and paper) 6. ArffMusic/Dance projects in schools and the community 7. Programs that promote cultural diversity and/or cultural tourism SEE THE NEXT TWO PAGES FOR "ARTISTIC DISCIPLINES THAT WILL BE CONSIDERED FOR FUNDING." Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts C. ARTISTIC DISCIPLINES THAT WILL BE CONSIDERED FOR FUNDING: Dance: All dance forms including ballet, modem, avant-garde, jazz, tap, historic and ethnic/folk dance. Dance Applicants should submit a videotape as their sample artistic documentation. Projects that involve broadcasts must include a distribution plan as part o£ the proposed work plan/timeline. Design Arts: All forms of design including architecture, urban design, landscape design, historic preservation, environmental design, interior design, industrial design, graphic design and fashion design. Design Art Applicants should submit five drawings, or six slides as their sample artistic documentation. Interdisciplinary: Projects with more than one discipline (i.e., music and dance). Interdisciplinary includes activities, such as performance art, that explore nontraditional formats and processes and fuse or transcend distinct art disciplines. In an interdisciplinary project, each art discipline interdependently contributes an essential element which, without the work, would otherwise be incomplete. Please select the discipline that is the pr/mary focus of the project. Interdisciplinary Applicants should submit a videotape as their sample artistic documentation. Projects that involve broadcasts or publications must include a distribution plan as part of the proposed work plan/timeline. Media Arts: Production of films, video and audio art, including experimental and narrative works, as well as electronic manipulation, animation and broadcast. This category does not include documentary projects about artists/works within other art forms (i.e., a video documentary about a musician or famous mural). It excludes documentaries dealing with non-art subjects, e.g., sports. Arts Applicants should submit either a three- page manuscript or treatment or a videotape as their sample artistic documentation, whichever best illustrates the content and the style/quality of the proposed project. Multi-department Museum Project: This category is used by organizations with artistic activities divided into departments, several of which will be fulfilling differing aspects of the proposed project. Various activities therefore can be distinct to one artistic discipline, equal and independent of each other, yet be proposed as parts of one overall series. If the proposed project has more than one discipline, please select Interdisciplinary. Multi-Department Applicants should submit a videotape or six slides as their sample artistic documentation. Projects that involve broadcasts or publications must include a distribution plan as part of the proposed work plan. Music: Musical performance and composition including traditional and contemporary orchestral music, opera, jazz, vocal, choral, electronic and other contemporary music forms. Music Applicants should submit an audio tape as their sample artistic documentation. 9 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Photography: The use of the photographic medium as the primary vehicle of artistic expression resulting in works produced for, but not limited to, archival, resource documentation, or exhibition purposes. Photographic work produced for commercial, advertising, industrial, scientific purposes or for inclusion in a non-art publications are ineligible for funding. Photography Applicants should submit six slides as their sample artistic documentation. Theater: All forms of theater including professional, regional companies and schools, experimental, street, puppets, mime/children's ensembles, musical comedy and storytelling. Theater Applicants should submit a videotape or a three-page treatment as their sample artistic documentation. Projects which involve touring or broadcasts must include a distribution plan as part of the proposed work plan/timeline. Traditional and Folk Arts: The traditional, authentic, artistic activities and expressive customs indigenous or rooted to any group that shares the same ethnic heritage, language, religion, occupation, or geographic region. Traditional and Folk Arts Applicants should submit one category of sample artistic documentation which best illustrates their project (i.e., slides or tapes). Visual Arts: All forms of visual arts including sculpture, painting, installation art, drawing, printmaking, crafts media and artistic books. Visual Arts Applicants should submit five drawings, or six slides as their sample artistic documentation. Projects that culminate in publications must include a distribution plan as a part of the proposed timeline. Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts D. WHO CANNOT APPLY- INELIGIBILITY 1. For-profit organizations 2. Businesses 3. Non-Chula Vista based non-profit organizations (however, these organizations may partner with Chula Vista based organizations) EXAMPLE: Chula Vista based organization may apply for funds to present said group in an event in Chula Vista (the Sweetwater Union School District could partner with the San Diego Symphony). 4. Non-Chula Vista residents may not apply for individual grants EXAMPLES OF WHAT FUNDS MAY NOT BE USED FOR: 1. Purchase of land, equipment, buildings or construction (a capital outlay or expenditure) 2. Programs not accessible to the public 3. Trust/endowment funds 4. Hospitality or food costs 5. Dues 6. Indirect costs of schools (school costs not related to this grant) 7. Salaries of management and staff 8. No funds will be expended for persons or groups using "fighting words" (any offensive words which are inherently likely to provoke any immediate violent reaction) Perforrmng and Visual Arts Fund Grant Chula Vista Office of Cultural Arts PART 3 REVIEW CRITERIA AND SCORING A. THE REVIEW AND SELECTION PROCESS B. GENERAL CRITERIA AND SCORING C. THE RANKINGS 12 PerfornUng and Visual Arts Fund Grant Chula Vista Office of Cultural Arts REVIEW CRITERIA AND SCORING A. THE REVIEW AND SELECTION PROCESS Each grant application is reviewed by the Office of Cultural A~s and the Performing and Visual Arts Task Force. The charge is to review all eligible grant applications, determine project worthiness and recommend appropriate funding levels. Applications and artistic documentation materials (if applicable) are evaluated with short narrative comments, given numerical scores (0-100) and collectively ranked. The rankings will range from 4- 1 with 4 being the highest score an application can receive. After the panel review process, the Office of Cultural Arts will forward the Performing and Visual Arts Task Force recommendations to the City Council for final approval. All applicants will receive written notification of results in April 2000. B. GENERAL CRITERIA AND SCORING Individual artists and arts organizations are judged on the following criteria and point system with a possible 100 total points 1. Project Administration Capability Maximum of 10 points Scores for capability or "feasibility" include the clarity and thoughtfulness of answers to application questions, the business skills and production accomplishments on submitted information, the appropriateness of the project budget (the estimated value of each expense and the total project cost in relation to the number of people served); the appropriateness and stability of a project's venue, and a realistic, detailed time line. 2. Artistic Merit Maximum of 30 points for organizations and 50 points for individual artists Scores for artistic merit reflect the accomplishments listed on submitted materials, attached reviews/press materials, the strength and relevance of letters of support, and most importantly the quality and content of the sample artistic documentation (video tape, slides...) submitted with the application. The merit of a project is judged against the merit of projects proposed by other applicants in the same discipline. 3. Creativity and Innovation Maximum of 20 points The creation of new works with new ideas or new methods, a new interpretation targeting a new audience or the creation of new works with traditional methods will be judged against the other applications. 13 T T I · 1 I Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts 4. Community Impact Maximum of 20 points Community impact is an assessment of the project's ability to inform or promote important thoughts in either the general community or its target audience. How many people will be served and how well will your proposed activity stimulate cultural exchange or broaden understandings? How does your project represent or serve various cultural constituencies in the City while meeting your project goals and the needs of the community? 5. Societal Relevance Maximum of 20 points for organizations (not applicable for individual artists) Will your project feed, build, or cure the spirit? Relevance implies "need" and includes an assessment of how your audience's involvement will determine project success. How does the proposed project address societal issues, intersect with community, address universal or contemporary issues or leave a legacy for the community. C. THE RANKINGS The ranking of each grant will be determined by the following point system: 100-89 points = 4 ranking 88 - 79 points = 3 ranking 78 - 65 points = 2 ranking 64 and below = 1 ranking 4 Designates an applicant as the highest priority for funding. These are considered to be "model" in stature and to meet all review criteria to the highest degree. 3 Considered good to excellent and receives funding, but less than that of a 4 designate applicant. This is a very good ranking and indicates a very solid organization/project that is approaching "model" status. However, there is room for improvement or development. 2 Considered to be marginally fundable, and only if there are available funds. Applicant shows some merit but does not meet the criteria in a strong or solid way. 1 Not fundable under any circumstances, inappropriate for funding. Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts PART 4 HOW TO APPLY (FOR INDIVIDUAL ARTISTS) INDIVIDUAL ARTIST APPLICATION Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts HOW TO APPLY (FOR INDIVIDUAL ARTISTS) Step 1: Complete and sign the Performing and Visual Arts Fund Grant Application Form (Individual) Step 2: Complete the "Proposal Narrative" sheet Step 3: Prepare your support materials and complete the "Sample Artistic Documentation" form if you are submitting support materials Step 4: The application packet and support materials must be received by 5:00 p.m. on February 25, 2000 by: The Chula Vista Library Cashier's Desk Chula Vista Public Library 365 "F" Street Chula Vista CA 91910 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Individual Artist Application Form Pg. I of 7 Name: Performing and Visual Arts Fund Grant Application Form (Individual) 2000 1. Name of Individual 2. Address: 3. City. CA Zip Code 4. Phone # Fax E-Mail Applicant's Discipline (see list on pgs. 9 and 10) Grant Project Title Grant Amount Requested: $ Certification: I certify that the information contained in this application, including all attachments and supporting materials, is true and correct to the best of my knowledge. If payment is to be made to anyone other than the grantee, it is understood that the grantee is financially, administratively, and programmatically responsible for all aspects of the grant and that all reports must be submitted through the grantee. Individual Artist: Signature Date T~edName 17 --"*-- ...... · I · 'l [ Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Individual Artist Application Form Pg. 2 of 7 Name: PROPOSAL NARRATIVE Briefly and concisely answer the following questions in the space provided. 1. Briefly describe your past contributions to your discipline. 18 P~rfornUng and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Individual Artist Application Form Pg. 3 of 7 Name: 2. Give your Project Description and Evaluation A. Describe the proposed project. B. What do you envision the project's impact to be on the community? C. How do you plan to evaluate the success of this project? 19 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Individual Artist Application Form Pg. 4 of 7 Name: 3. Please give a project budget summary below: A. Total project expense: $ B. Amount requested from this grant: $ C. Total In-Kind donation: $ D. Itemized expenses in detail related to grant project expenses: Pertbrmmg and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Individual Artist Application Form Pg. 5 of 7 Name: Sample Artistic Documentation Form It is recommended that applicants submit materials which uphold their grant proposal and from which the panel may evaluate artistic merit. Select and label your submission (video, audio, slides ...... ) with A) Applicant name, B) the title of the work(s), and C) thc date of the work. Write a brief description(s) of your documentation in one of thc spaces provided on this form. Choice 1: ( ) Videotape · Tapes must bc VI:tS format · Tapes must be cued to thc exact eight (8) minutes desired for panel viewing · Films and CD-ROMS are not acceptable formats for this review Describe the piece or segment(s) you have chosen in fifty or less words in the space below: Choice 2: ( ) Audio Tape or Compact Disc · Tapes must be standard cassette format cued to the exact eight (8) minutes desired for panel listening · Descriptions of compact discs below must Icad the panel to the exact track(s) or eight (8) minutes for listening · Vinyl albums and eight-track tapes are not acceptable formats for this review Describe the piece or segment(s) you have chosen in fifty or less words in the space below: 21 ~ I [ ! Il Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Individual Artist Application Form Pg. 6 of 7 Name: Choice 3: ( ) Printed Materials (publications or publication tear sheets, manuscripts, copies of site drawings... · Documentation should not exceed seven (7) pages of drawings or text Introduce the text or itemize the drawings you have attached in thirty or less words in the space below: Choice 4: ( ) Slides · Submit only duplicate slides, never original or unique transparencies · Slides must be 35mm, suitable for projection, delivered in a 9" x 11" clear plastic sleeve and numbered 1-10 · All titles, dates, and size information must be written or typed legibly on the slides or on secure slide labels, not the plastic sleeve (the Office of Cultural Arts assumes no responsibility for information lost to the panel because taped/old labels fall offyour slides) · Slides should be labeled for the naked eye with the word "top" and an arrow or a dot should be placed in the lower left-hand comer of each slide (the Office of Cultural Arts assumes no responsibility if the orientation of your slides is not easily determined) Describe each work in 10 words or less beginning with identifications: artist's name, title of the work, date of the work (Continued on next page). 1. 22 ~ T I · I [ Performhag and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Individual Artist Application Form Pg. 7 of 7 Name: (Continued) Describe each work in 10 words or less beginning with identifications: artist's name, title of the work, date of the work 8. 10. Optional Attachments A~ach to your application no more than three recent press clippings or reviews (not more than 3 years old) or letters of recommendation that support your relevant experience or the proposed project. Press clippings and reviews may be doubie-sided copies. Arrangements can be made to pick up support materials from the Office of Cultural Arts, after the grant letter has been received, by calling Ric Todd, Cultural Arts Coordinator, (619) 585-5627 If you wish to have materials returned, submit a stamped, self-addressed envelope. 23 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts PART 5 HOW TO APPLY (FOR ORGANIZATIONS) ORGANIZATION APPLICATION 24 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts HOW TO APPLY (FOR ORGANIZATIONS) Step 1: Complete and sign the Performing and Visual Arts Fund Grant Application (Organization) Form Step 2: Complete the "Proposal Narrative" sheet Step 3: Prepare your support material and complete the "Sample Artistic Documentation" form if you are submitting support materials Step 4: The application packet and support materials (if applicable) must be received by 5:00 p.m. on February 25, 2000, by: The Chula Vista Library Cashier's Desk Chula Vista Public Library 365 "F" Street Chula Vista, CA 91910 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Organization Application Form Pg. 1 of 7 Name of Organization: Performing and Visual Arts Fund Grant Application (Organizations) 2000 1. Name of Organization IRS Nonprofit Organization Identification # (501)( c)(3):_ 2. Address: 3. City CA Zip Code 4. Phone # Fax E.Mail 5. Contact Person on Board of Directors: 6. Administrative Director 7. Contact Person For Grant Title Applicant Discipline (See list on pgs 9 and 10) Grant Amount Requested:$ Date the applicant organization received its 501(c)(3) and/or Califomia nonprofit status ~ _¢~) 26 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Organization Application Form Pg. 2 of 7 Name: Certification: 1~We certify that the information contained in this application, including all attachments and supporting materials, is true and correct to the best of our knowledge. If payment is to be made to anyone other than the grantee, it is understood that the grantee is financially, administratively, and programmatically responsible for all aspects of the grant and that aH reports must be submitted through the grantee. Organization Director: Board President: Signature Date Signature Date Typed Name and Title Typed Name and Title Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Organization Application Form Pg. 3 of 7 Name of OrganizatiOn: PROPOSAL NARRATIVE Briefly and concisely answer the following questions in the space provided. 1. What is your organization's mission? 2. List some major accomplishments of your organization in the space provided. Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Organization Application Form Pg. 4 of 7 Name of Organization: 3. Give your Project Description and Evaluation in the space provided. A. Describe the proposed project. B. What do you envision this project's impact to be on the community? C. How do you plan to evaluate the success of this project? 4. Please give a project budget summary below: A. Total project expense: $ B. Amount requested from this grant: $ C. Total in-kind donation: $ D. Itemized expenses in detail related to grant project expenses. Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Organization Application Form Pg. 5 of 7 Name of OrganizatiOn: Sample Artistic Documentation Form It is recommended that applicants submit materials which uphold their grant proposal and from which the panel may evaluate artistic merit. Select and label your submission (video, audio, slides ...... ) with A) Applicant name, B) the title of the work(s), and C) the date of the work. Write a brief description(s) of your documentation in one of the spaces provided on this form. Choice 1: ( ) Videotape · Tapes must be VHS format · Tapes must be cued to the exact eight (8) minutes desired for panel viewing · Films and CD-ROMS are not acceptable formats for this review Describe the piece or segment(s) you have chosen in fifty or less words in the space below: Choice 2: ( ) Audio Tape or Compact Disc · Tapes must be standard cassette format cued to the exact eight (8) minutes desired for panel listening · Descriptions of compact discs below must lead the panel to the exact track(s) or eight (8) minutes for listening · Vinyl albums and eight-track tapes are not acceptable formats for this review Describe the piece or segment(s) you have chosen in fifty or less words in the space below: Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Organization Application Form Pg. 6 of 7 Name of Organization: Choice 3: ( ) Printed Materials (publications or publication tear sheets, manuscripts, copies of site drawings... · Documentation should not exceed seven (7) pages of drawings or text Introduce the text or itemize the drawings you have attached in thirty or less words in the space below: Choice 4: ' ( ) Slides · Submit only duplicate slides, never original or unique transparencies · Slides must be 3 5mm, suitable for projection, delivered in a 9" x 11" clear plastic sleeve and numbered 1-10 · All titles, dates, and size information must be written or typed legibly on the slides or on secure slide labels, not the plastic sleeve (the Office of Cultural Arts assumes no responsibility for information lost to the panel because taped/old labels fall off your slides) · Slides should be labeled for the naked eye with the word "top" and an arrow or a dot should be placed in the lower left-hand comer of each slide (the Office of Cultural Arts assumes no responsibility if the orientation &your slides is not easily determined) Describe each work in 10 words or less beginning with identifications: artist's name, title of the work, date of the work (Continued on next page). 1. 31 .5-45' Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts Organization Application Form Pg. 7 of 7 Name of Organization: (Continued) Describe each work in 10 words or less beginning with identifications: artist's name, title of the work, date of the work 10 Optional Attachments Attach to your application no more than three recent press clippings or reviews (not more than 3 years old) or letters of recommendation that support your relevant experience or the proposed project. Press clippings and reviews may be double-sided copies. Arrangements can be made to pick up support materials from the Office of Cultural Arts, after the grant letter has been received, by calling Ric Todd, Cultural Arts Coordinator, (619) 585-5627 If you wish to have materials returned, submit a stamped, self-addressed envelope. PerformLng and Visual Arts Fund Grant Chula Vista Office of Cultural Arts PART 6 DELIVERY OF APPLICATION FOR INDIVIDUALS AND ORGANIZATIONS 33 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts DELIVERY OF APPLICATION FOR INDIVIDUALS and ORGANIZATIONS: Applications must be received by 5:00 p.m. on 2/25/00 by: The Chula Vista Library Cashier's Desk Chula Vista Public Library 365 "F" Street Chula Vista, CA 91910 EIGHT COPIES OF THE PAPER APPLICATIONS AND ONE SET OF THE SUPPORT MATERIALS (IF APPLICABLE) MUST BE SUBMITTED. It is recommended that you contact the Office of Cultural Arts, (619) 585-5627, prior to the due date if you have any questions regarding filling out the grant application. Arrangements can be made to pick up support materials fi.om the Office of Cultural Arts, after the grant letter has been received, by calling Ric Todd, Cultural Arts Coordinator, (619) 585-5627. If you wish to have materials returned, submit a stamped, self-addressed envelope. 34 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts PART 7 BUDGET INFORMATION A. CONTRACTS AND PAYMENTS B. PROJECT CHANGES C. FINANCIAL MANAGEMENT D. PUBLIC ACKNOWLEDGMENT 35 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts BUDGET INFORMATION In completing the proposed budget plan, be very specific in your organization about how Performing and Visual Arts Fund Grant money would be spent during the grant period (contract date) A Contracts and Payments: The Office of Cultural Arts reserves the right to negotiate the location of grant-funded activities. Contractual funds will be delivered in two payments if the granted amount is more than $1,000.00 for the contract period of the grantee. The first payment of 50% will be made within 30 days after the grant is awarded. The second and final (50%) payment will be made when the Office of Cultural Arts receives a final report (detailed on the Office of Cultural Arts "Final Performing and Visual Arts Fund Grant Report Form"). All project receipts must be attached and the project must have been reviewed and accepted by the Office of Cultural Arts. Those grants that are under $1,000.00 will be awarded in full within 30 days after the grant is awarded. The grantee will be required to reimburse to the Performing and Visual Arts Fund Grant any monies for which receipts are not available at the end of the project. B Project Changes: Proposed changes to approved projects and the contractual agreement for grant funds must be submitted in writing to the Office of Cultural Arts by the grantee for approval. Any changes in purpose, personnel, location, date, activity or budget must be sent to the Office of Cultural Arts for approval before the grant funds may be used for that purpose. C Financial Management: Grant recipients are required to maintain accounts, records and other evidence pertaining to cost incurred and revenues acquired under the respective grant program. More specifically, grantees are required to provide, as requested by the Office of Cultural Arts, the following information upon completion o£ their project: a. Accurate, current and complete disclosure of the financial accounting for the grant project b. Records that identify adequately the services and resources paid for by grant funds (supported by invoices, receipts, bank statements, etc.) 36 Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts D. Public Acknowledgment: Each grant recipient shall credit the City of Chula Vista for its contractual support of the project in printed and broadcasted promotions, brochures, posters, programs, handbills and other promotional materials. All printed materials should carry the following phrase: "This program is made possible in part by a grant from the City of Chula Vista". 37 -6- I Performing and Visual Arts Fund Grant Chula Vista Office of Cultural Arts PART 8 PERFORMING AND VISUAL ARTS FUND 2000 CALENDAR 38 PERFORMING AND VISUAL ARTS GRANT FUND 2000 CALENDAR The following dates are tentative and will depend upon the number of applications received, the time schedule of the Performing and Visual Arts Task Force and the City Council Meeting schedule. I. Office of Cultural Arts staff to conduct two Technical Workshops A. Thursday, January 20, 2000, TOO p.m. B. Saturday, January 22, 2000, 9:00 a.m. II. Completed Grant Applications Due to Office of Cultural Arts by 5:00 p.m. on Friday, February 25, 2000 III. Office of Cultural Arts to Review Completed Applications February 28- March 10, 2000 IV. Office of Cultural Arts to Mail Applications on Monday, March 13, 2000, to each of the Performing & Visual Pats Task Force for Their Review (review period 3/13-4/11) V. The Performing & Visual Arts Task Force to Select and Approve Grant Applications on Wednesday, April 12, 2000 and Tuesday, April 25, 2000 VI. Office of Cultural Arts Staff to Take Final Grant Selections to the City Council on Tuesday, May 23, 2000, for Their Approval VII. Office of Cultural Arts Staffto Mail Announcements to Winning Grant Recipients on Friday, May 26, 2000 Attachment C Co01 AMPH!TFEATR Ms. Nora McMartin PO Box 8026 Chula Vista, CA 91912-8026 Dear Nora: We understand that you are currently accepting applications requesting grants from the Coors Amphitheater Performing Arts Fund. Many of the grant requests relate to visual arts, scholarships and other programs not originally included in the definition of qualified applicants. The House of Blues has agreed to this expanded definition in substantially the form attached (Exhibit A). These changes have also been approved by your City Council. The formal amendment to the agreement implementing these changes is being temporarily held up in order to allow for the incorporation of a number of other amendments to the agreement. House of Blues would prefer that all contemplated amendments be made at one time to avoid the need for multiple amendments. In the interim please be advised that, assuming that the pending encroachment permit amendment issues can be satisfactorily resolved, for this current round of grant funding, the House of Blues agrees with and will support the award of Performing Arts Fund dollars to the expanded definition of qualified applicants reflected in the attached amendment language. Sincerely, Buck Martin General Manager BM:wlf 2050 Entertainment Circle · Chfila Vista, California 91911 · Ph: 6i9 671 3500 · Fax: 61'~ 671 3550 PROPOSED AMENDMENTS TO THE SUBLEASE RELATING TO THE PERFORMING AND VISU'AL ARTS TASK FORCE Current Reading; [ 1 2 Sub!a~.dlord's Use 9£the A~p[utheater, On up to eighteen (18) days per calendar year. Subtenant shall ~L~ant Sublandlord a license I0 use Ibc ampllithe,~ter Facility to be con$l'rtlCl~ed Oil tile Leased Premises l'or civic events_ tach as ~aduatien ~-md award ceremonies and reli~ous services Sublm~dlord shall not use the amp!fitheater hci!il?/for events or activiues till are simil~ to or competitive with the types of aclivitics normally conducted at the ,'uupl~itbeater by Subtcnaar. Proposed Reading: 112 Subtan_dlord's Usc; of the ~&m~hJthealer On up to eighteen (18) days per calendar year. Snbtenaat shall ,grant Sublandlord a license to use the ampl~ithealer facili~ to be coastmcl'ed on the Leased Pren'hses [or civic events, such as graduation and awm'd ceremomes and religious services. Ihe Performing and ¥1:~tal Aris Task Force e~'ablished in Section ! I.?~ of this agl"e~menl shall acl o~ behalf at'the sublundlord to approve appllcan~s who re~oesl use of the eighleen 08) days. $oblaodlord shall oat use the amphitheater Facili .l~ For events or activities that a~ similar ~o or competitive with the ~pes of aclivities naturally conducted al the amphithealer by Sub~enant. Current Readiag I 1.72 Fnnds from tune to tone deposited with Sublandlord as provided above would be administered by an adviso~_ commission ha~4ng no more than seven members established and appointed by the Chula Vista Ci .ty Council A.t least one member oF I:he commission shall be a designee of Sablenant. Final decisions concerning ~he use of such fi~nds would be ~rmde I~y the Chula V~sta CiW Coulleti. based upon the recommendations of'the commission P_ro~osed Readin~ 11.72 Funds from ti~tte to time deposited with Sublandlerd ,as provided above would be administered by an advi~oU eo~mmsStOn ~o be krmwn ~ thc "Performing and ¥imal Arts Task Force". having no mom than seven (7) members, establish~xt and ap~oinled ~ the Chula Visla City Council. Al least one member of the commission slmll be a design of snb~eoant, ~inal decisions concermog the use of such fimds wmdd he made by the Chula Visfa City Council, based upon the reeo~aunendations of the commission, ~pr 21 O0 02:0~p C.V.Cit~ 8tt~ - Lzt. Div. ~619147G-5305 p.3 Cnrrc~f: Re,qdin~ 1 l 7.3 Thc conunJssion established ~o ~m~er the ~ffo~g ~s fired ~onld ~ ~ ~o u~ ~c ful~ds only ~o unde~a~fi~e ~e ~st of ~ffo~g f~ ~s p~nm~o~ (i.e. orcheswal ~mpho~c or cl~r music, o~ra. live ~er ~d ~, ~ op~o~ to ~su~ ~. ~P music ~ o~r 0~) conduct~ ~ ~e ~un~i~ of ~e Ci~ of Chub Vista (mclud~g e,~ms con~ct~ m ~e ~ P~mises~ pro_posed Reading: lt.?3 The conUmSsion estabhshed to ad~mnis~er fl~e performing arts fimd would bc permitted Io nsc the funds to underwxita the cost of performing Frae arts presentations (i.e. orchesa'aL symphomc or chamber music, opera, live theater, dance, visual arts. pop xnusic or other purposes as long as they are non- Commercialized. iio1 for prOfiI performances). Th¢~ funds could also he aRd to provide scholarships ur uther l~rants-in-aid fur music or fine art. Pop Music as defined for this purpo~, would be limited to concer~s ur live entertainment events, or similar event,% that would not be competitive with the t.vpes of activities normally conducted by Universal Concerts. Attachment D APPLICANTS FOR PERFORAIING & VISUAL ARTS FUND GRANTS FISCAL YEAR 2000 Black Film Festival, in partnership with the Chula Vista Cultural Arts Commission Bonita Artists Potpourri Bonita Business & Professional Association Chula Vista Art Guild- 3 applications Chula Vista High School for the Creative & Performing Arts Chula Vista Public Library- 4 applications Chula Vista Cultural Arts Commission- 2 applications Dearie, Myrna Diaz, Pablo First Methodist Church of Chula Vista Friends of the Arts Friends of the Chula Vista Heritage Museum Friends o£the Civic Center Library Friends of the South Chula Vista Library Galen Griego, Damien Hilltop High School- 2 applications Hirschy, Debra Hultenius, Geneva Ikeda, Taeko Loma Verde Elementary School/Fair Winds Family Research Center Southwest High School- 2 applications Media Arts Center of San Diego, in partnership with the Chula Vista Cultural Arts Commission Mexi'cayotl Indio Cultural Center Montgomery High School Montgomery Middle School Ka Halau Hula of Napua llima 0 Kehaulani OnStage Playhouse Ramirez, Manny Rice Elementary School/New Directions Family Research Center Rosebank Elementary School Suiter, Steven Paul Sweet Adelines 3 '59 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE SELECTION OF THE PERFORMING AND VISUAL ARTS FUND RECIPIENTS AND THEIR MONETARY GRANT AWARDS TOTALING $47,567 AND $200 IN RELATED ADMINISTRATIVE COSTS, FOR A TOTAL OF $47,767 WHEREAS, in 1997, the City Council approved a Sublease with the House of Blues Concerts, Inc. (formerly Universal Concerts)which established a process whereby ticket sales proceeds at the Coors Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund; and WHEREAS, in February, 1999, the Visual and Performing Arts Task Force began drafting criteria for the allocation of the Performing Arts Fund, as well as a process to administer these allocations; and WHEREAS, on December 14, 1999, the City Council approved the Performing and Visual Arts Fund Grant Application and disbursement process for granting these funds and appropriated $64,422 from the Amphitheater Performing Arts Account to the Library and Recreation Department budget for re-granting purposes; and WHEREAS, the Office of Cultural Arts has administered the application process, which has now been completed. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Performing and Visual Arts Task Force selection of the Performing and Visual Arts Fund recipients and their monetary grant awards totaling $47,567 and $200 in related administrative costs, for a total of $47,767 as set forth in the Council Agenda Statement. Presented by Approved as to form by David Palmer ~t~,nAtMt~) rK2~e n y ~ - Deputy City Manager [H:/HOME~ATTORNEY\RESO\visual arts task force recipfents (May 12, 2000 (3:16pm)] COUNCIL AGENDA STATEMENT ITEM ¢ MEETING DATE $/25/00 ITEM TITLE: Resolution Moving the classifications of Assistant Surveyor I and Assistant Surveyor ti from CVEA to WCE; and adjusting the salary ranges of both classifications. SUBMITTED BY: Director of Human Resources ~L/ REVIEWED BY: City Manager ~ (4/$th Vote: Yes _ No X_~.) The changes recommended for these two classifications is requested to enable recruitment of qualified candidates to fill a vacant position and to create equity within the Engineering classification series. RECOMMENDATION: That Council adopt the Resolution: 1) Moving the classifications of Assistant Surveyor I and II from CVEA to Western Council of Engineers (WCE), effective June 2, 2000. This has been approved by WCE and CVEA. 2) Adjusting the salary range for the classification of Assistant Surveyor I from a monthly E-Step salary of $4,214 to $4,635, effective June 2, 2000; and 3) Adjusting the salary range for the classification of Assistant Surveyor II to a monthly E- Step sa. lap/of $4,637 to $5,330, effective June 2, 2000. BOARD/COMM~SION RECOM~MENDATION: N/A D sc ssIQs; While the recent salary study effectively surveyed classifications in other jurisdictions to establish appropriate pay for survey positions, it neglected to consider the imemal relationships within the professional Engineering field - specifically, the relationship between Assistant Surveyor classifications and their counterpart Assistant Engineer classifications. A more in depth review of such relationships in the City and County of San Diego coupled with Engineering and HR analysis of the positions in question led to the aforementioned recommendation. In both the County and the City (the most comparable of the agencies surveyed), Assistant Engineer - Civil and Associate Engineer - Civil were paid at the same rate as Land Surveyor Assistant and Land Surveyor Associate, respectively. Additionally, in Chula Vista, the classification of Land Surveyor is paid at the same rate as Civil Engineer, Item Meeting Date 5/23/00 Page 2 The requested changes will accomplish several important objectives: 1) Equity between the professional surveying and engineering disciplines will be restored. 2) Spreads between salary ranges in each series will be the same. Currently, the salary differentials between classes is: · 10% differential between Assistant Surveyor I and II and a 15% differential between Assistant Engineer I and Il. · 32.18% differential between Assistant Surveyor II and Land Surveyor and a 15% differential between Assistant Engineer Il and Civil Engineer. 3) The increased salary will aid in recruiting for a vacant Assistant Surveyor position that must be failed in the very near future. 4) These classifications will be assigned to a bargaining unit consistent with their profession and with similar classifications. The difference in benefits realized by moving these classifications from CVEA to WCE include: $441 per year additional in the flexible benefit plan; · $10,000 less life insurance paid by the City; · no furlough FISCAL IMPACT: Annual fiscal impact is $16,465. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MOVING THE CLASSIFICATIONS OF ASSISTANT SURVEYOR I AND ASSISTANT SURVEYOR Il FROM CVEA TO WCE; AND ADJUSTING THE SALARY RANGES OF BOTH CLASSIFICATIONS WHEREAS, while the recent salary study effectively surveyed classifications in other jurisdictions to establish appropriate pay for survey positions, it neglected to consider the internal relationships within the professional Engineering field, specifically, the relationship between Assistant Surveyor classifications and their counterpart Assistant Engineer classifications; and WHEREAS, a more in depth review of such relationships in the City and County of San Diego coupled with Engineering and Human Resources analysis of the positions in question led to the recommendation of moving the classifications of Assistant Surveyor I and Assistant Surveyor II from Chula Vista Employees Association (CVEA) to Western Council of Engineers (WCE); and WHEREAS, the requested changes will accomplish several important objectives: 1. Equity between the professional surveying and engineering disciplines will be restored. Spreads between salary ranges in each series will be the same. 3. The increased salary will aid in recruiting for a vacant Assistant Surveyor position that must be filled in the very near future. 4. These classifications will be assigned to a bargaining unit consistent with their profession and with similar classifications; and WHEREAS, the requested changes have been approved by both CVEA and WCE. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby move the classifications of Assistant Surveyor I and II from CVEA to WCE effective June 2, 2000. BE IT FURTHER RESOLVED that the salary range for the classification of Assistant Surveyor I is hereby adjusted to a monthly E-Step salary of $4,635, effective June 2, 2000. BE IT FURTHER RESOLVED that the salary range for the classification of Assistant Surveyor II is hereby adjusted to a monthly E-Step salary of $5,330.58, effective June 2, 2000. Presented by Approved as to form by Candy Emerson J0h~.,K4. Kaheny Director of Human Resources ~1~Attorney [H:\HOME~A~FORNEY\RESO\surveyor classification adjustment (May 17, 2000 (10:35am)] COUNCIL AGENDA STATEMENT Item ,.5- Meeting D ate_SJ23/011 ITEM TITLE: Resolution Approving the Engineer's report for the FY 2000/2001 spread of assessments for City Open Space District No. 14, declaring the intention to levy and collect assessments and setting June 20, 2000 at 6:00 p.m. and July 25, 2000 at 6:00 p.m. as the dates and times for the public hearings. SUBMITTED BY: Director of Public Work~_~ REVIEWED BY: t~ity l¥1anager xC,~ ~ (4/5ths Vote: Yes_NoX_) Based upon the advice of the City Attorney, agenda items ~ and 6, have been separated from agenda item ~7 due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in this district. Council should note that agenda statement '7 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 14. RECOMMENDATION: That Council adopt the resolution approving the Report, direct the City Clerk to publish the Resolution of Intention pursuant to Government Code 6063, set the dates of the public heatings on the assessments for June 20, 2000 at 6:00 p.m. and July 25, 2000 at 6:00 p.m. DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within Open Space District Number 14 located along the North and South of Country Vistas Lane (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for Fiscal Year 2000/2001. Agenda item of tonight's agenda contains all the general information regarding open space districts. TABLE 1 PRIOR FY~S VS. FY 2000/2001 ASSESSMENT/COLLECTIBLE FY 00/01 Proposed Proposed FY 98/99 FY99/00 FY99/00 CAP: FY00/01 FYO0/01 FY 00/01 Assmt] Collection/ Assmff FY 99/00 Assmt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPI(u Open Space District No. $290.98 $291.00 $301.46 $309.11 $3~9.11 $293.0G $255,894 14 Bonita Lonl~ Canyon (u FY 2000/2001 assessment may be set at or below this cap without being subject to a majority protest. Page 2, Item Meeting Date ~J23d~0 Staffrecommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $293.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $ 309.11. Since the budget per EDU of $301.87 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 81.00%. These figures were calculated on the basis of a net assessment of $255,482.00 and a total of 873.36 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 from the provision of Proposition 218. 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 ($109,647) 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 $37,695 from the OSD fund for FY 2000/2001. Attachments: A District Map B Estimate of Cost H:kHOME~ENGINEER\AGENDA\OSD 1400 TOM 0725-30 OSD 14 OPEN SPACE MAINTENANCE DISTRICT NO. 14 BONITA LONG CANYON ESTATES DISTRICT BOUNDARy .~ Z ^TTACH,,~ I;~T ",'41 ' RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FY 2000-2001 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 14, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 20, 2000 AT 6:00 P.M. AND JULY 25, 2000 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, the city Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 20 and July 25, 2000, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open Space District No. 10; and WHEREAS, the proposed assessment for Fiscal Year 2000- 2001 is as follows: TABLE1 PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE FY 00/01 Proposed Proposed FY98/99 FY 99/00 FY 99/00 CAP: FY00/01 FY00/01 FY00/0i Assmt/ Collection/ Assmt/ FY 99/00 Assmt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPlr~) Open Space District No. i4 Bonita Long Canyon $290.98 $291.00 $301.46 $309.11 $309.11 $293.00 $255,894 (1) FY 2000/2001 assessment may be set at or below this cap without being subject to a majority protest. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula Vista does hereby approve the Engineer's report to declare its intention to levy and collect assessments for the FY 2000-2001 for the spread of assessments for city Open Space Maintenance District 14, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set June 2 0, 2000 at 6:00 p.m. and July 25, 2000 at 6:00 p.m. in the City Council Charabers, city of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said assessment. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code Section 6063. Presented by Approved as to form by John P. Lippitt, Director of JQ~ M. Kaheny, C~ty/Attorney Public Works h: \HOME~LORP~INE\OSl~ eng rep 2 COUNCIL AGENDA STATEMENT Item ~ Meeting D atezSJ23/t~ ITEM TITLE: Resolution Approving the Engineer's report for the FY 2000/2001 spread of assessments for City Open Space District No. 10, declaring the intention to levy and collect assessments and setting June 20, 2000 at 6:00 p.m. and July 25, 2000 at 6:00 p.m. as the dates and times for the public hearings. SUBMITTED BY: Director of Public Work~ f City Manager ~ ~ (4/5ths Vote: Yes_No.i_) REVIEWED BY: Based upon the advice of the City Attorney, agenda items ~ and /a have been separated from agenda item r7 due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in this district. Council should note that agenda statement e7 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 10. RECOMMENDATION: That Council adopt the resolution approving the Report, direct the City Clerk to publish the Resolution of Intention pursuant to Government Code 6063, set the dates of the public hearings on the assessments for June 20, 2000 at 6:00 p.m. and July 25, 2000 at 6:00 p.m. DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within Open Space District Number 10 located along East J Street, west of Pasco Ranchero (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for Fiscal Year 2000/2001. Agenda item of tonight's agenda contains all the general information regarding open space districts. TABLE 1 PRIOR FY'S VS. FY 2000/2001 ASSESSMENT/COLLECTIBLE FY 00/0I Proposed Proposed FY 98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/0I FY Assmt/ Collection/ Assmt/ FY 99/00 Assmt/ Collection/ 00/01 EDU EDU EDU Assmt + EDU EDU Revenue CPI0) Open Space District No. 10 El Rancho del Rey 6 & $89.45 $87.00 $92.67 $95.02 $95.02 $88.00 $57,937 Casa del Rey v) FY 2000/2001 assessment may be set at or below this cap without being subject to a majority protest. Page 2, Item Meeting D ate~SIJ3k0J/ Staffreconunends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. However, staffrecommends a collectible of $88.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $95.02. Since the budget per EDU of $91.74 exceeds the collectible amount, staffrecommends 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 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. FISCAL IMPACT: Staffcosts 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:\HOME/ENGINEER\AGENDA\OSD 1000 TOM 0725-30 OSD 10 I I · RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FY 2000-2001 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 10, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 20, 2000 AT 6:00 P.M. AND JULY 25, 2000 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 20 and July 25, 2000, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open Space District No. 10; and WHEREAS, the proposed assessment for Fiscal Year 2000- 2001 is as follows: TABLE ! PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE FY 00/01 Proposed Proposed FY98/99 FY 99/00 FY 99/00 CAP: FY00/01 FY00/01 FY00/01 Assmt/ Collection/ Assmt/ FY 99/00 Assmt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPI(o Open Space District No. 10 BI 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's report to declare its intention to levy and collect assessments for the FY 2000-2001 for the spread of assessments for City Open Space Maintenance District 10, a copy of which is on file in the office of the City Clerk. 1 BE IT FURTHER RESOLVED that the City Council does hereby set June 20, 2000 at 6:00 p.m. and July 25, 2000 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said assessment. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code Section 6063. Presented by Approved as to form by John P. Lippitt, Director of Joh~/M. Kaheny, City ~ney Public Works h: \HOME~LOR~INE\OSl0 eng rep 2 COUNCIL AGENDA STATEMENT Item q Meeting Date 5/23/00 ITEM TITLE: Resolution Approving the Engineer's reports for the FY 2000/2001 spread of assessments for City Open Space Districts 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, Bay Boulevard, Town Center and Eastlake Maintenance District No. 1 declaring the intention to levy and collect assessments and setting June 20, 2000 at 6:00 p.m. and July 25, 2000 at 6:00 p.m. as the dates and times for the public heatings. SUBMITTED BY: Director of Public Works,(~/~ REVIEWED BY: City Manager W (4/Sths Vote: Yes_No32) The City administers 25 open space districts established over the last twenty-five years. The districts pro- vide 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 as- sessment is necessary to enable the City to collect fimds for the proposed open space maintenance. Tonight's action begins the process for Fiscal Year 2000/2001. The City Engineer has prepared and filed reports on assessments for all existing Open Space Districts. The above resolution approves the reports and sets the dates for public hearings to consider the levy of assess- ments and collection of funds. RECOMMENDATION: That Council approve the resolution: 1) Approving the reports, directing the City Clerk to publish the Resolutions of Intention pur- suant to Government Code 6063, and setting the dates of the public hearings on the assess- ments for June 20, 2000 at 6:00 p.m. and July 25, 2000 at 6:00 p.m. 2) Direct staff to notice the property owners pursuant to State Codes. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: This agenda statement is the yearly resolution of intention to assess property owners for open space main- tenance within the City. Table 1 contains the name and location of the districts. Table 2 relates the present year's assessment to the proposed assessment and collectible for FY 2000/2001. Following Table 2, there is some general information that applies to all the districts and then each district is analyzed individually. That is followed by a description of the noticing that is required. As a final note, Council should be advised that two separate agenda items contain the same information on Open Space District No. 10 and No. 14 which were separated due to conflict of interest concerns. Pursuant to Article 4, Chapter 1, Part 2 of the Division 15 of the C alifomia Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, Chapter Page 2, Item Meeting Date 5/23/00 17.07--Open Space Districts, the City Engineer has prepared and filed the annual reports for all existing Space Districts in the City. The name and location of each open space district is shown in the following table. TABLE 1 Open Space Districts Within the City of Chula Vista Open Space Name Location District No. 1 El Rancho del Rey Units 1-4 Between East H Street and Telegraph Canyon Road east of Paseo ganchero 2 Lark Haven South and east of Loma Verde Park 3 Rancho Robinhood Units 1 & 2 South of Allen School Lane 4 Bonita Ridge Camino Elevado 5 Southbay ViIlas 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 Paseo del Rey, north of Telegraph Canyon Road 10 El Rancho del Rey 6 & Casa del West of Paseo Ranchero between H and J Streets Rey 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 Otay Lakes Road 17 Bel Air Ridge Northeast of Paseo Ladera 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 road, west of SR 125 33 Broadway Business Home West side of Broadway between J Street and K Street Village Bay Boulevard Bay Boulevard between E Street and F Street Town Centre Third Avenue between E Street and G Street Page 3, Item__ Meeting Date 5/23/00 These reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 20, 2000 at 6:00 p.m. and July 25, 2000 at 6:00 p.m. 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, in- creasing 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, staffused the CPI increase, which was the lesser of the two figures. The CPI increase used by staff for calculating the FY 1999/2000 assessments was inadvertently too high. Last year, staff used a CPI of 3.73% instead of the current amount of 2.59%. In order to correct this, staff is using the CPI increase between January 1998 and January 2000 of 6.23% and prorating the cost increase for January 1999 to January 2000, to be 2.5%. 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 of a 100% petition by the land owners and are exempt from the provisions of Proposition 218. Assessments & 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, reserve requirement, savings and fund balances, including interest earnings and prior years' savings. Under staft's recommendation, none of the open space districts are subject to a majority protest on the increase. The proposed assessments and ¢ollectiblcs for Fiscal Year 2000/2001 are as follows: TABLE 2 PRIOR F¥'S VS. FY 2000/2001 ASSESSMENT/COLLECTIBLE FY 00/01 Proposed Proposed OSD FY98/99 FY 99/00 FY 99~00 CAP: FY 00/01 FY 00/01 FY 00/01 Assrnnt/ Collection/ AssmntJ FY99/00 Assmntd Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPl® I $90.60 $40.00 $93.86 $96.25 $96.25 $47.00 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 Page 4, Item__ Meeting Date 5/23/00 FY 00/01 Proposed Proposed OSD FY98/99 FY 99/00 FY 99/00 CAP: FY 00/01 FY 00/01 FY 00/0I Assmnt] Collection/ Assmnt/ FY99/00 AssmntY Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPI(2) 7 102.38 88.00 106.07 108.76 108.76 89.00 9,256 8 467.72 363.00 484.56 496.86 496.86 362.01 39,82G 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 15 279.17 213.00 289.22 296.56 296.56 221.0( 12,597 17 133.63 42.00 I38.44 141.96 141.96 43.00 1,978 18 315.77 221.00 327.14 335.45 335.45 223.00 97,005 20 Zone 1 DB 48.80 0.00 50.56 51.84 51.84 0.00 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 (31 Zone 4 BC 19.66 20.37 I 20.37 20.88 20.88 20.84 Zone 5 I 296.53 307.20 307.20 315.00 315.00 310.59 Zone 6 II 227.84 163.23 236.04 242.03 242.03 134.29 Zone 7 III 140.64 145.70 145.70 149.40 149.40 149.36 Zone 8 NDB 32.42 0.00 33.59 34.44 34.44 0.00 (3) Zone 9 TCC 25.75 ~ 13.23 26.65 27.35 27.35 13.23 23 361.03 85.00 374.03 383.53 5.61 94.00 8,382 24 541.01 447.00 560.49 574.72 574.72 448.00 17,920 26 424.61 228.00 439.90 451.07 451.07 229.00 4,351 31 438.62 1.00 454.41 465.95 465.95 1.00 345 33 1,084.01 0.00 1,123.03 1,151.55 1,151.55 0.00 0.00 Bay Boulevard 1,391.30 521.00 1,441.39 1,477.99 1,477.99 540.00 5,400 Town Center 48.50 11.00 48.82 50.59 50.59 19.00 19,000 Eastlake No. 1 Zone A 10.04 9.07 10.40 10.67 10.67 10.28 Eastlake I Zone B Greens 16.42 12.13 17.01 17.44 17.44 8.40 (4) Zone C OTC 136.00 6.12 140.90 144.47 144.47 1.35 (4) Zone D Salt 181.38 175.44 187.91 192.68 192.68 176.97 Creek Zone E TC 25.86 13.28 26.79 27.47 27.47 0.00 Channel (t) Represented average residential assessment in SPA I. ~2~ Fy 2000/200I 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. (4) Revenue for all zones included in overall Eastlake Maintenance District 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 con- tracts. 7-4 Page 5, Item Meeting Date 5/23/00 Savings from prior years are proposed to be used to supplement the property owners collections to provide the revenue needed for FY 2000/2001 maintenance while maintaining reserves between 50%-65% (City Code allows reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property owners requests 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 the assessments within the CPI amount allowed by the Municipal Code each year. The following summarizes the 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 2.5%. The assessment per EDU is the figure to be mailed to the 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 the reserve requirements, ending fund balances and savings. For a detailed outline, see Attachment A. FY 98/99 FY99/00 FY 99/00 CAP: Proposed FY Proposed Assmff Collection/ Assmff FY 99/00 00/01 Assmff FY 00/01 FY 00/01 EDU EDU EDU Assmt + EDU Collection/ Revenue CPI EDU OSD No. 1 $90.60 $40~00 $93.86 $96.25 $96.25 $47.00 $31,104 El Rancho del Rey Units 1-4 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% 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. CAP: Proposed Proposed FY98/99 FY 99/00 1~/99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmff Collection/Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU IOSD No. 2 $42.04 $33.00 $43.55 $44.66 $44.66 $35.00 $8,715 Lark Haven Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $35.00 per EDU, which is less than the assessment of $44.66. Since the budget per EDU of $45.33 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this Page 6, Item Meeting Date 5/23/00 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 re- view the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 l~/00/01 Revenue Assrnt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ EDU EDU EDU CPI EDU EDU OSD No. 3 $287.74 $286.00 $298.10 $305.67 $305.67 $288.00 $36,576 Rancho Robinhood Units 1 & 2 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. Staff recommends 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. CAP: Proposed Proposed FY98/99 FY99/00 FY 99/00 FY99/00 FY 00/01 FY 00/01 FY 00/01 Assmff Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 4 $303.92 $223.00 $314.86 $322.86 $322.86 $235.00 $49,350 Bonita Ridge Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $235.00 per EDU, which 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 staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $49,315.00 and a total of 210.00 EDU's, as shown in Attachment A. Page 7, Item Meeting Date 5/23/00 CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmff Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 5 $296.37 $175.00 $307.04 $314.84 $314.84 $180.00 $21,960 Southbay Villas Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% 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 of a net assessment of $21,982.00 and a total of 122.00 EDU's, as shown in Attachment A. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmt/ Collection/ Assmff Assmt + Assmff Collection/ Revenue EDU EDU EDU CPI EDU EDU I OSD No. 6 $146.56 $76.00 $151.84 $155.69 $155.69 $76.00 $12,312 Hilltop Vista Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% 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 staff services from the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $12,324.00 and a total of 162.00 EDU's, as shown in Attachment A. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmt/ Collection/ Assrnff Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 7 - Zenith $102.38 $88.00 $106.07 $108.76 $108.76 ! $89.00 $9,256 Units 2, 3, & 4 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. However, staff recomanends 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 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 82.00%. The General Fund will be reimbursed $2,055 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 $9,241.00 and a total of 104.00 EDU's, as shown in Attachment A. Page 8, Item Meeting Date 5/23/00 CAP: Proposed Proposed FY 98/99 FY 99/00 FY99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmff Collection/ Assrnff Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 8 $467.72 $363.00 $~-84.56 $496.86 $496.86 $362.00 $39,820 Rancho Robinhood Unit 3 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% 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 staff services from 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. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY99/00 FY 00/01 FY 00/01 FY 00/01 Assmt/ Collection/ Assmt/ Assmt + Assmff Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 9 $132.55 $132.00 $137.32 $140.81 $140.81 $134.00 $51,456 E1 Rancho del Rey Units Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% 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. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmff Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 11 $90.52 $53.00 $93.78 $96.16 $96.16 $61.00 $80,583 Hidden Vista Village Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. Staffrecommends a collectible of $61.00 per EDU, which is less than the Page 9, Item Meeting Date 5/23/00 assessment of $96.16 per EDU. Since the budget per EDI3 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%. The General Fund will be reimbursed $34,474 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 $80,567.00 and a total of 1,321.03 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 futura years in an attempt to lower the budget and to determine whether there are additional savings. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmff Collection/ Assmff Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 15 $279.17 $213.00 $289.22 $296.56 $296.56 $221.00 $12,597 Bonita Haciendas Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% 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 $296.56 per EDU. Since the budget per EDU of $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. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmff Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 17 $133.63 $42.00 $138.44 $141.96 $141.96 $42.00 $1,978 Bel Air Ridge Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% 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 and a total of 46.00 EDU's, as shown in Attachment A. Page 10, Item Meeting Date 5/23/00 CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 18 $315.77 $221.00 $327.14 $335.45 $335.45 $223.00 $97,005 Rancho del Sur Staff recomanends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. However, staff recommends 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. CAP: Proposed Proposed OSD No. 20 FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Rancho del Rey Assmnt/EDU Collection/ Assnmt/ Assmt + AssmnffEDU Collection/ Revenue EDU EDU CPI EDU 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 7.72 ~3~ Zone 3 - H St. 5.28 4.38 i 5.47 5.61 5.61 4.28 ~3~ Zone 4 - Business 19.66 20.37 20.37 20.88 20.88 23.47 Centre Zone 5- SPA I 296.53 307.20 307.20 315.00 315.00 311.35 Zone 6 - SPA II 227.84 163.23 236.04 242.03 242.03 134.69 (3> Zone 7 - SPA III 140.64 145.70 145.70 149.40 149.40 177.71 ~3~ Zone 8 - North 32.42 0.00 33.59 34.44 34.44 0.00 {3) Desilting Basin Zone 9 - Telegraph 25.75 13.23 26.65 27.35 27.35 13.76 Canyon Channel o>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 the 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. Page 11, Item Meeting Date 5/23/00 TABLE 3 Typical Combined Assessment (FY2000/2001) SPA I (Zones 1 or 8, 2, 3, & 5) $342 SPA II (Zones 1 or 8, 2, 3, & 6) $304 SPA Ill (Zones 1 or9, 3, & 7) $166 Business Centre (Zones 1, 2, 3, & 4) * · Industrial (per acre) $944 · Commercial (per acre) $1,187 Staff recommends that the assessments remain the same for each zone as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. In each of these zones, staff recommends a collectible which 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 Municipal Code. The General Fund will be reimbursed $139,274 for City staff services from the Open Space District Fund for FY 2000/2001. As shown in the attached table, Zone 2 shows a deficit for next fiscal year, although the City is changing the maximum allowable amount in that district. Because of this, staff will be meeting to find ways to reduce the budget for this zone, or come up with an additional source of revenue. In the future, staff will also explore the possibility of combining the zones in this district. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmt/ Collection/ Assmt/ Assmt + Assmff Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 23 - Otay $361.03 $85.00 $374.03 $383.53 $383.53 $94.00 $8,382 Rio Business Park Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $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 improvements are proposed to be added to this district along Otay Valley Road. Since these improvements will probably increase the assessment amount above the amount authorized for this district, a separate addendum to this district is planned to be taken to Council within the next month. -7-// Page 12, Item Meeting Date 5/23/00 CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmt/ Collection/ Assmt/ Assmt + Assmff Collection/ Revenue EDU EDU EDU CPI EDU EDU )SD No. 24 $541.01 $447.00 $560.49 $574.72 $574.72 $448.00 $17,920 Canyon View Homes Note: OSD 24 consists of onl), 40 townhomes sharing, in the cost of large, landscaped slopes adjacent to the townhomes. Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% 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 $540.60 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 70.00%. The General Fund will be reimbursed $3,447 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 $17,923.00 and a total of 40.00 EDU's, as shown in Attachment A. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmt/ Collection/ Assmff Assmt + Assmff Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 26 $424.61 $228.00 $439.90 $451.07 $451.07 $229.00 $4,351 Park Bonita Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. However, staff recommends 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 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. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmtl Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 31 $438.62 $1.00 $454.41 $465.95 $465.95 $1.00 $345 Telegraph Canyon Estates Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $1.00 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 Page 13, Item Meeting Date 5/23/00 be 100.00%. The General Fund will be reimbursed $14,514 for City staff services 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 FY1994/1995. Therefore, staff began 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 FY1995/1996. For FY1996/1997, 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 FY1998/1999, 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 left excess funds. Although it was anticipated that the turnover of additional improvements would occur this fiscal year, only $1 per EDU was collected for FY1999/2000. Turnover of additional improvements may occur in a future fiscal year, but staff recommends that only $1 per EDU be collected again for FY 2000/2001. Funds are available to do this because of prior years' excess funds. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmt/ Collection/ Assmff Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 33 $1,084.01 $0.00 $1,123.04 $l,155.55 $1,155.55 $0.00 $0.00 Broadway Business Home Village No funds collected since inception. Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 2.5% as set forth in the Chula Vista Municipal Code. 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 FY2000/2001. Community Development has requested, since FY1996/1997, 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 that fiscal year CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU [OSD-Bay Boulevard $1~391.30 $521.00 $521.00 $540.00 $540.00 $540.00 $5,400 Staff recomanends 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 $540.00 per EDU, which is equal to the assessment per EDU. Since the budget per EDU of $1,556.70 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 Page 14, Item Meeting Date 5/23/00 the Open Space District Fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $7,232.00 and a total of 10.00 EDU's, as shown in Attachment A. Since the budget amount exceeds the assessment and the reserve is only 38%, 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 a possibility that staff may consider conducting a ballot process next year to increase the assessment amount. CAP: Proposed Proposed FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/0! FY 00/01 AssmtJ Collection/ Assmt/ Assmt + AssmtJ Collection/ Revenue EDU EDU EDU CPI EDU EDU IosD-Town Center $48.50 $11.00 $48.82 $50.59 $50.59 $19.00 $11~000 Staff recommends that the assessment remain the same as FY 1999/2000 plus a CPI of 3.64% as permitted in the Engineer's Report for this District.. However, staff recommends a collectible of $19.00 per EDU, which is less than the assessment of $50.59 per EDU. Since the budget per EDU of $48.98 exceeds the collectible amount, staff recomanends 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 $2,530 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 $18,820.00 and a total of 1000.00 EDU's, 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 this district in the future. Should that be the case, this Open Space District would no longer be needed. Eastlake CAP: Proposed Proposed Maintenance FY 98/99 FY 99/00 FY 99/00 FY 99/00 FY 00/01 FY 00/01 FY 00/01 District No. 1 Assmt/ Collection/ Assmt/ Assmt + Assm~/ Collection/ Revenue EDU EDU EDU CPI EDU EDU ELMD#1(~ (3) Otay Lakes Road Zone A - 10.04 9.07 10.40 10.67 I 10.67 10.28 (3) Eastlake 1 Zone B - Eastlake 16.42 12.13 17.01 17.44 17.44 8.40 Greens Zone C - Olympic 136.00 6.12 140.90 144.47 144.47 1.35 (3) Training Center Zone D - Salt Creek I 181.38 175.44 187.91 192.68 192.68 176.97 (3) Zone E - Telegraph 25.86 13.28 26.79 27.47 27.47 0.00 (3) Canyon Channel (2) ti) All areas share in the cost of Otay Lakes Road medians and off-site parkways. (2) Portions of Eastlake l BC and Eastlake Greens are in benefit area. (3) Revenue for all zones included in overall Eastlake Maintenance District amount. 7 -/4 Page 15, Item Meeting Date 5/23/00 Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within ELMD 1. The Eastlake Center parcels' assessment is shown at $361.32 per acre. Staff recommends that the assessments for each of the areas remain the same as FY 1999/2000 plus a CPI of 2.5% 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 Center On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ARCO Olympic Training Center to continue maintenance of the Wueste Road landscape improvements. Incorporated in the agreement are safeguards to ensure the maintenance is performed to City standards. There are indemnity provisions for both parties for the use of the paths along Wueste Road. However, OTC turned over to the City the maintenance of a median on Olympic Parkway. Staff recommends setting the collectible at $1.35 per EDU to cover the maintenance cost. Public Works' staff (Open Space) has indicated that OTC will continue maintenance of the Wueste Road landscape improvements until the adjacent Eastlake properties has been developed. After this occurs, OTC will turn over all the maintenance to the City as the property owners within Eastlake will share in the maintenance cost. Presently, OTC is maintaining Wueste Road slopes with the services of the landscape maintenance finn performing maintenance services within the Training Center. This contractor is performing this service at a price lower than a typical City solicited price. Landscape maintenance firms sometimes subsidize the 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 of the 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 will be noticed pursuant to Government Code 6063 which requires that notice be published at least once a week for three weeks and at least 10 days before the second public heating. Staff will mail notice of the hearings to all open space districts. The notice will inform the resident of his/her district, the current year assessment, the CPI adjustment and the proposed assessment for FY 2000/2001. The Parks and Recreation Department will be conducting information meetings for all property owners within each district in early June. At the meeting, staff will explain the proposed budget to interested owners (approximately 12,000 properties will receive notice). Plans, specifications, and assessment rolls are on file in the Public Works/Engineering office. Page 16, Item Meeting Date 5/23/00 FISCAL IMPACT: Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, 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 staff services from the above listed Open Space District Funds for FY 2000/2001 is estimated to be $384,277. Attachments: A Cost Summary B District Maps C OSD 20 Assessment Map H:kHOMEkENGINEER~AGENDA\OSROI00.TOM 7-/'7 ESTIMATE OF MAINTENANCE COSTS FY 2000/2001 ATrACHMENT A OPEN SPACE DISTRICT NO. 4 OPEN SPACE DISTRICT NO. 5 OPEN SPACE DISTRICT NO. 6 2000-2001 1999-2000 1998-1999 2000-2001 1999-2000 1998-1999 2000-2001 1999-2000 1998-1999 Pemonal Services Utilities $1,428.00 $1,400.00 $1,230.00 $214.00 $210.00 $180.00 $280.00 $275.00 $250.00 Trash Collection & Disposal 1,120.00 ~Vater 13,852.00 13,580.00 12,360.00 10,007.00 9,811.00 8,220.00 5,607.00 5,497.00 5,140.00 Service to main bldg,struct,grds 210.00 600.00 600.00 860.00 120.00 120.00 240.00 120.00 120.00 City Staff Services 8,818.00 8,818.00 8,900.00 5,012.00 5,012.00 4,872.00 2,777.00 2,777.00 2,743.00 Contract Services 28,642.00 31,054.00 30,514.00 12,215.00 14,061.00 13,831.00 5,304.00 5,700.00 5,600.00 Landscape Supplies 1,103.00 1,103.00 1,103.00 947.00 947.00 947.00 311.00 311.00 311.00 Materials to main bldgs,stru~ums 800.00 800.00 800.00 800.00 800.00 800.00 780.00 780.00 780.00 Backflow Certification Professional Services 2,184.00 1,456.00 360.00 Supplementals 600.00 120.00 120.00 )ther commodities Advertising ESTIMATED MAINTENANCE CO $58,757.00 $57,355.00 $55,507.00 $31,631.00 $30,961.00 $28,970.00 $15,779.00 $15,460.00 $14,944.00 Reserve Requirement $37,604.00 $42,443.00 $36,080.00 $20,560.00 $26,007.00 $18,831.00 $11,834.00 $14,532.00 $11,955.00 Reserve ?crcent 64.00% 74.00% 65.00% 65.00% 84.00% 65.00% 75.00% 94.00% 80.00% Additional reserve 0.00 0.00 0.0(~ 0.00 0.00 0.0C 0.00 0.00 0.00 Less Fund Balance (l) $47~046.00 $52,967.00 $44,800.00 $30,209.00 $35,594.00 $26,300.00 $15,289.00 $17,699.00 $14,600.00 NET ASSESSMENT $49,315.00 $46,831.00 $46,787.00 $21,982.00 $21,374.00 $21,501.00 $12,324.00 $12,293.00 $12,299.00 EDU'S 210.00 210.00 210.0¢ 122.00 122.00 122.0C 162.00 162.00 162.00 Collectible/EDU $234.83 $223.00 $222.80 $180.18 $175.20 $176.24 $76.07 $75.88 $75.92 Percent change from prior years 5% 0% -22°/" 3% -1% -37°/" 0% -0% 7% Collectible - even dollar $235 $223 $223 I $180 $175 $176 $76 $76 $76 Revenue from even $ payment $49,350 $46,830 $46,830 $21,960 $21,350 $21,472 $12,312 $12,312 $12,312 Assessment $322.86 $314.86 $303.92 $314.84 $307.04 $296.37 $155.69 $151.84 $146.56 Assessment with CPI (2) $322.86 $314.86 I $314.84 $307.04 $155.69 $151.84 BudgetJEDU $279.80 $273.12 $264.32 $259.27 $253.78 $237.46 $97.40 $95.43 $92.25 Percent change from prior years 2% 3% -9%! 2% 7% -18°/, 2% 3% 1% Protest: H:\Home\Engineer~Openspac\00osd.~ 1 5/5/00 7-1¢ o ~ ~ ~ ~ ~ -. -- ~ ~°~°o~m m om ~_ ~ ~ ~ ~ B.~ ~ o'~ ~-~ o _ m ~. ~ ~ ~ -. ° z ~ ~ m 0 ~ ~ ~ o~ b' · ~b b oo oooooo o P ~ ~o~ o oo oooooo o ~- -- p~ ~oo~ o oooooo o ° ~ · ~ ~ Poo o o oooooooo ~ ~ oo ~ o~. oo ~ o oooooooo ~ ~ oo ~o oo~o o o oooooooo ~ ~ ~ ~ ~ ~ · . o~ o o oooooooo 7-~ 7 NNNNNNNNN ~o~mm~o 7-o~ 7-So ~. ,'"FTACHMEN'f '~ - 1 '" ~..?rACHMEN3 ~-- ~ ~-TTACHMEN3' _~- ~, -',TTACHMEN'T "~ - / i / 0 '0 rq Z rtl ATTACHMENT .,~.~ ~ $ ~ !: _ .-< I ~TT', ACHMENT. '~ -/,b OPE.X SPACE DISTRICY .XO. 31 crrr oF CH~'~ vl~r~ a'F'i'ACHMEN'[ ~ cocssv o~' s~.'~ m£~o. s-r^~ o~ TELEGRAPH CA.~'fO.X ESTATES '7- ~ ,~ ,~ \ _-- ~-' ~ Sheet I of 2 ' ~/ - o~. s~: o.a, .w oue TOWN CENTRE STREET LIGHTING* & DA~: 5/26/99 LANDSCAPE MAINTENANCE DISTRICT , ', .' ,,~ ,._-- .... Sheet 2 of 2 ~: ~ /~/ ~ L~N~SC~PE M~INTEN~NCE ~I~TRIC'T RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FY 2000/2001 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD AND TOWN CENTRE, AND EASTLAKE MAINTENANCE DISTRICT NO. 1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING JUNE 20, 2000 AT 6:00 P.M. AND JULY 25, 2000 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California ~treets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 20, 2000 and July 25, 2000 in accordance with the Landscaping and Lighting Act of 1972. The reports cover the following districts: 1. Open Space District Nos. 1 through 9, 11, 15, 17, 18, 20, 23, 24, 26, 31 and 33. 2. Bay Boulevard, Town Centre and Eastlake Maintenance District No. 1 Landscaping Districts WHEREAS, the proposed assessments for Fiscal Year 2000- 2001 are as follows: TABLE 2 PRIOR FY'S VS. FY 2000/2001 ASSESSMENT/COLLECTIBLE FY 00/01 Proposed Proposed OSD FY98/99 FY 99/00 FY 99/00 CAP: FY O0/01 FY 00/O1 FY 00/01 Assmnt/ Collection/ Assrrmt/ FY99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPI(2) 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 8 467.72 363.00 484.56 496.81 496.86 362.0~ 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 18 315.77 221.00 327.14 335.45 335.45 223.00 97,005 20 Zone I DB 48.80 0.00 50.56 51.84 51.84 0.00 (3) Zone 2 RC 3.71 3.84 3.84 3.94 3.94 3.93 (3) Zone 3 H 5.28 4.38 5.47 5.61 5.61 4.27 (31 Zone 4 BC 19.66 20.37 20.37 20.88 20.88 20.84 Zone 5 I 296.53 307.20 307.20 315.00 315.00 310.59 (3) Zone 6 II 227.84 163.23 236.04 242.03 242.03 134.29 (3) Zone 7 III 140.64 145.70 145.70 149.40 149.40 149.36 (3) 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 (31 23 361.03 85.00 374.03 383.53 5.61 94.00 8,382 24 541.01 447.00 560.49 574.72 574.72 448.00 17,920 26 424.61 228.00 439.90 451.07 451.07 229.00 4,351 31 438.62 1.00 454.41 465.95 465.95 h00 345 33 1,084.01 0.00 1,123.03 1,151.55 1,151.55 0.00 0.00 Boulevard 1,391.30 521.00 1,441.39 1,477.99 1,477.99 540.00 5,400 Town Center 48.50 I 1.00 48.82 50.59 50.59 19.00 19,000 Eastlake No. 1 Zone A I0.04 9.07 10.40 10.67 10.67 10.28 Eastlake I B Greens 16.42 12A3 17.01 17.44 17.44 8.40 (4) 2 FY 00/01 Proposed Proposed OSD FY98/99 FY 99/00 FY 99/00 CAP: FY 00/0l FY 00/01 FY 00/01 Assrrmt/ Collection/ Assrrmt/ FY99/00 Assmnt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPI{2) Zone C OTC 136.00 6.12 !~40.90 144.47 144.47 1.35 Zone D Salt 181.38 175.44 187.91 192.68 192.68 176.97 Creek Zone E TC 25.86 13.28 26.79 27.47 27.47 0.00 Channel ol Represented average residential assessn, ent in SPA I. ¢-~> FY 2000/2001 assessment may be set at or below this cap without being subject to a majority protest ~ Revenue for all zones included iu overall District 20 amount. 141 Revenue for all zones included in overall Eastlake Maintenance District amount. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista does hereby approve the Engineer's reports for the FY 2000-2001 spread 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 and declare its intention to levy and collect assessments. BE IT FURTHER RESOLVED that the City Council does hereby set June 20, 2000 and July 25, 2000 at 6:00 p.m. in the Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said assessments. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish the Resolutions of Intention pursuant to Government Code Section 6063. Presented by Approved as to form by John P. Lippitt, Director of ~Clt~orney Public Works COUNCIL AGENDA STATEMENT Item Meeting Date 5/23/00 ITEM TITLE: A) Resolution Approving Final Map of Chula Vista Tract No. 00-01, EastLake Trails South TS-7, accepting on behalf of the City of Chula Vista the various easements, all as granted on said map within said subdivision, and approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision and authorizing the Mayor to execute said agreement B) Resolution Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract No.00-01, EastLake Trails South TS-7, requiring Shea Homes to comply with certain unfulfilled conditions of Resolution 19704 and authorizing the Mayor to execute said agreement / SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City ManagerS¢¢~ (4/5tbs Vote: Yes No X ) On May 4, 1999, by Resolution 19447, the City Council approved the Tentative Subdivision Map for Chula Vista Tract No. 99-03, EastLake Trails South, which included the subject property as a sheet-graded pad labeled as Lot 536, TS-7. On December 7, 1999, by Resolution 19704 (Attachment 1), the City Council approved the Tentative Subdivision Map for Chula Vista Tract No~ 00-01, EastLake Trails South TS-7, labeling the site as a condominium site. Said Tentative Map was approved based on certain conditions in which Shea Homes (Developer) agreed m comply with and which were established by said Resolution. The Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement are now before Council for consideration and approval. RECOMMENDATION: That Council adopt the resolutions: (A) approving the Final Map, and Subdivision Improvement Agreement; and (B) approving the Supplemental Subdivision Improvement Agreement. BOARD/COM1VIISSIONS RECOMMENDATIONS: Not Applicable Page 2, Item Meeting Date 5/23/00 DISCUSSION: General The project site is irregular in shape and represents a portion of the western area of the EastLake Trails South subdivision. The site is limited to the north by Clubhouse Drive, to the south and west by Silver Springs Drive, and to the east by residential single family homes of the EastLake Trails South development. The Final Map for the subdivision consists of 1 condominium lot on 6.347 acres proposed to accomodate 96 condominium dwelling units. A plat of the subdivision is presented in Attachment 2. Access to the site is provided via Silver Springs Drive. The final map for said subdivision has been reviewed by the Department of Public Works and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all emergency access easements within the subdivision. Satisfied Conditions and Agreements The Developer has satisfied all applicable conditions of approval of Resolution 19704 and Resolution 19447 , required prior to Council approval of the Final Map, through the design, grading and improvement plans, the bonding of work, the payment of all applicable fees, easements, and agreements. The Developer has also executed a Supplemental Subdivision Improvement Agreement in order to satisfy the remaining conditions of approval for Resolution 19704 Tentative Map Conditions A, B, C, D, E, 11, 15, 18, 19, 20, 21, 22, 23, 25, 26, 30, 31, 32, 33, and 34. The Developer has also executed a Subdivision Improvement Agreement and has provided bonds to guarantee construction of the required public improvements. The Developer's Disclosure Statement is attached as Attachment 3. FISCAL IMPACT: All staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits. Attachments: Attach~nent 1: Resolution 19704 (Tentative Map Conditions) Attaclunent 2: Chula Vista Tract No. 00-01, EastLake Trails South TS-7, Site/Vicinity Map Attachment 3: Developer's Disclosure Statement [FILE NO, 0600-80 TS536F] H:\HOME\ENGINEER\LANDDEV\CASFMTS7.JCM ~ T ! II ATTACHMENT 1 RESOLUTION NO. 19704 RESOLUTION OF THE CITY OF CHLrLA VISTA CITY COUNCIL APPROVING AND 1MPOS1NG CONDITIONS OF THE TENTATIVE SUBDIXqS1ON MAI:' FOR EASTLAKE T1L, kiLS SOUTH TS-7, CHULA VISTA TIL&CT-00-01. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit "A," incorporated herein by this'reference, and for the purpose of general description herein, consists of 8.9 acres located on the south side of Clubhouse Drive between future Silver Springs Drive and future Granite Springs Drive ("Project site"); and, Project: Application for Discretionary Approval WH]EREAS. on August 9. 199c), Shea Homes ("Applicant") filed an application with the Pianninu and Building Deparrmen! of the City of Chuia Vista requesting approval of a tentative subdivision map known as EastLake Trails South TS-7. Chula Vista Tract -00-01 ("Project")~ and WHEREAS, the project consists ora single lot containing 96 condominium units, private streets, recreational facilities and common landscaping area; and, C. Prior Discretionary Approvals WHEREAS; the subject property l~as beeri the matter of I ) a prior General Development Plan resulting in the current land use designations as shown on the EastLake II General Development Plan, previously approved by City Council Resolution No. 15198: 2) The EastLake Trails Sectional Planning Area (SPA) Plan, previgusly approved by Resolution 19275 on November 24, 1998, 3) EastLake It (EastLake 1 expansion) Planned Community District Regulations and Land Use District Map, previously approved by Ordinance No.2765 on December 8, 1998 and 4) EastLake Trails Master Tentative Subdivision Map (TSM 99-03) which was approved by Resolution No. 19447 on May 4, 1999. D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 17, 1999, and voted to recommend that the City Council approve the project based upon the findings and subject to the conditions listed below; and, E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notice of said hearing, together with its purpose given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing. Resolution 19704 - Page 2 NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: I1. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on November, 17, 1999 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. m. COMPLIANCE WITH CEQA The City Council hereby determines this project was covered under previous FSE[R 97-04, EastLake Trails/Greens Replanning Program, and therefore no further action is required in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. TENTATIVE SUBDIVISION MAP FINDINGS: A. Pursuant to Government Code Section 66473.5 of the SubdMsion Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for Sycamore Ridge Condominiums, Chula Vista Tract 00-0I, is in conformance with the EastLake II General Development Plan, EastLake Trails Sectional Planning Area (SPA) Plan and the various elements of the City's General Plan, based on the following findings: - t. - LandUse The EastLake Trails SPA plan (Site Utilization Plan) identifies the subject site as parcel R-5, with a development potential for 80-100 dwelling units and targeted for 92 dwelling units. The proposed 96 unit condominium project exceeds the 92-unit target, but falls within the 80-110 dwelling un/ts permitted for this parcel. However, to insure that the overall SPA number of permitted dwelling units is not exceeded, staff has included a condition requiring that an administrative density transfer of 4 units from parcel R-6 to P-5 be made prior to approval of the first final map. 2. Circulation All on-site streets required to serve the subdivision will be constructed in accordance with the City design standards and/or requirements for private streets and provide for vehicular and pedestrian connections with adjacent streets. A waiver was granted by the Engineering Department regarding the required tangents along the street in order to accommodate curvilinear street pattern. Housing Resolution 19704 Page 3 Resolution No. 1571 adopted by the City Council on August 7, 1990, requires the master developer (EastLake) to provide ten percent of the total number of units allowed in the EastLake Trails Planned Community for Iow and moderate income households. In 1998, the City Council approved a comprehensive affordable housing program for the remaining buildable areas in EastLake which includes the EastLake Trails Neighborhood. The program outlines the number of units to be provided and the construction timing and delivery of units. The master developer is required to enter into an agreement with the City to provide the required affordable housing, as specified in the affordable housing program, prior to approval of the first final map in Phase II of the overall Trails Subdivision. Conservation The previous environmental impact report, FSEIR 97-04, EastLake Trails/Greens Repianning Program, addressed the goals and poiicies of the Conservation Element of the General Plan and found that the development of this site to be consistent with these goals and policies. - 5. Parks and Recreation, Open Space Community trails will be constructed along Clubhouse Drive on the north side of the subject site. Said trail will provide connection to future public park. In addition, a 4~edestrian walk will be~provided along Silver Springs~Road ~to provide a connection to future open space/habitat conservation to the southeast. 6. Seismic Safety The proposed subdivision is in conformance with the goals and objectives of the Seismic Element of the General Plan. There are no known active faults underlying the project site. 7. Safe~' The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with city safety policies and have determined that the subdivision meets the City Threshold Standards for emergency services. 8. Noise The project is required to meet existing standards for residential development. All dwelling units must be designed to preclude interior noise levels over 45 dBA and exterior noise exposure to 60 dBA in accordance with the City's performance standards and the noise level standards of the Uniform Building Code. Resolution 19704 Page 4 9. Scenic Highway The project is not adjacent to scenic highways. 10. Bicycle Routes No bicycle routes are required with the proposed development~ An on-street bike lane is proposed along Clubhouse Drive, just north of the project site. ] 1. Public Buildings No public buildings are proposed on the project site. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FLTRTHER RESOLVED, that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Tentative Subdivision Map which is stated to be conditioned on "General Conditions" is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or thek successors in interest, shall improve the Project Site with the Project as described in the Tentative Map, Chula Vista Tract No. 00-01, Resolution No. , and FSEI~ 9%04 Mitigation Measures except as modified by this Resolution. B. Implement Mitigation Measures. ~ T · 1l Resolution 19704 Page 5 Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Supplemental Environmental Impact Report FSEIR 97-04. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, developer shall comply with all conditions of approval of the East.Lake Trails Master Tentative Map, Chula Vista Tract 99-03, established by Resolution No. 19447 and approved by Council on May 4, 1999; and shall remain in compliance with and implement the terms, conditions and provisions of the EastLake Trails Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Water Conservation Plan, Air Quality Improvement Plan, Residential Design Guidelines including landscaping criteria and Public Facilities Financing Plan and as may be amended from time to time and as are applicable to the property which is the subject matter of this tentative map, prior to approval of the Final Map or shall have entered into an agreement with the City, providing the City with security (including recordation of covenants running with the land) and implementation procedures, as the City may require, assuring that after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such plans. - D. Implement Public Facilities Financing Plan Developer shalI install facilities in accordance with thee EastLake Trails Public Facilities Financing Plan, and as amended or as required by the City Engineer, to meet the Growth Management threshold standards adopted by Ihe City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such modifications. E. Design Approval The applicant shall develop the condominium project in accordance with the applicable EastLake Trails Planned Community District Regulations and Design Guidelines, and as conditionally approved by the City's Design Review Committee on October 18, 1999, as set forth in letter of conditional approval dated October 25, 1999. F. Project Phasing If phasing is proposed within an individual map or through multiple final maps. the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of an3, final map. The phasing plan shall include: 1. A site plan showing the phase lines and phase numbers and number of dwelling units in each phase. Resolution 19704 Page 6 2. A table showing the phase number and number of units included in each phase. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning and Building Director ma3, at their discretion, modi~ the sequence of improvement construction should conditions change to warrant such revision(s). G. Tentative Subdivision Map Conditions Prior to approval of the first final map~ unless otherwise indicated, the developer shall: GENERAL/PRELLMLN ARY Tile approval of all the Final Maps by the City Council will require compliance with the City's adopted threshold standards to the satisfaction of the Director of Planning and Building Director and the City Engineer. STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 2. Prior *o the approval of any Final Map for any lot or unit, guarantee the construction of ali and construct all improvements (streets, sewers, drainage, utilities, etc.) deemed necessary to provide service to such lot'or unit in accordance with City standards, which gnarantee shall, at the option of the City. be bonded in a form satisfactory, to the City. 3. Provide notarized letters of permission for all off-site grading and construction of improvements. 4. Designate all streets within the development to be private. Detailed horizontal and vertical alignment of the center line o£said streets shall be reflected on the improvement plans for said developments. Design of'said streets shall meet the City standards for private streets or as approved by the City, and shall be designed to the satisfaction of the City Engineer and Fire Marshall. 5. Design ali street vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual. Lighted SAG vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. T · - Resolution 19704 Page 7 Construct sidewalks, pedestrian ramps on ail walkwvays, and parking areas to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts .a~DA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced 7. Submit and obtain approval prior to first final map by the Director of Planning and Building and City Engineer for all street names. No two intersections shall have the same street name and street name suffixes shall comply with City standards. GRADING AND DRAINAGE 8. Dedicate only sewers and storm drains within public rights-of-way to be publicly maintained. All sewers and storm drains within the subject property shall be privatel~;:~naintained. 9. Provide graded access to all storm drain structures, including inlet and outlet stn~ctures as required by the Cily Engineer. Paved access shalI be provided to drainage structures located in the rear yard of any lot. 10. Provide a paved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-_0 wheel load or other loading as approved by the City Engineer. ] 1. The subject property is within the boundaries of Assessment District Nos. 90-3, 94-1, and 91-1. The developer shall be responsible for all costs associated with reapportionment of assessments as a result ofsubdMsion of lands within the project boundary. The developer shall request said reapportionment and shall provide a deposit to cover the initial costs prior to the approval of the First Final Map. 12. Submit calculations to demonstrate the adequacy of downstream drainage structures, pipes and inlets as required by the City Engineer. 13. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 14. Designate on the plans as private, to the point of connection with the public system, all storm drain systems that collect water from private property. 15. Designate as private and maintain by Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&R's conditions and restrictions to assure proper maintenance. Resolution 19704 -- Page 8 16. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. 17. Enter into an a~eement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this project. GRADING 18. Submit a list of proposed units, prior to approval of the corresponding Final Map, indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the first final map. 19. Submit "as-built" improvements and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.XF. file format. AGREEMENTS 20. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television sen, ice to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 21. Agee to defend, indemnify and hold harmless the City and its agents, officers and employees, n-om any clau'n, action or proceedtn~ a~ainst the city, Or its agents, officers, or employees, to attack, or set aside, void or annul any approval by. the city, including approval by its Planning Commission, City Council or any approval bv its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 22. Submit, prior to the approval of the first Final Map, evidence, acceptable to the City Engineer and the Director of Planning and Building the formation of a Homeowner's Association (HOA), or another financial mechanism acceptable to the City Manager. The HOA shall be responsible for the maintenance of all improvements within the project boundaries other than the individual condominium units contained therein. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the other financial mechanism. The HOA formation documents shall be approved by the City Attorney. CC&R's for ~.he Project shall be submitted to the Planning and Building Department for review and approval prior to approval of the first final map, and shall include: Resolution 19704 Page 9 a. Maintenance of all facilities located within open space, recreational or other common areas by the Homeowner's Association to include, but not be limited to: walls, fences, lighting structures, paths, trails, access roads, recreational amenities and structures, drainage structures and landscaping. b. Include language in the CC&R's establishing the HOA responsibility to maintain ali streets, drainage and sewer systems that are private. Said' private streets shall be maintained in perpetuity by the HOA and no request shall be made for future maintenance by the City. c. Include language in the CC&R's establishing the HOA responsibility to maintain all perimeter fencing in accordance with the established guidelines set forth in the EastLake Trails SPA Plan and as approved by the City's Design Review Committee. d Name the City of Chula Vista as a parry to the CC&R's, with the authority, but not the obligation, to enforce the terms and conditions of the CC&R's. Include language in the CC&R's for the project specie, lng that individual owners may not modify the location, materials, heigh; or other~vise alter the established rear yard fencing. £ Before any revisions to provisions of the CC&R's that ma>, particularly affect the City, said revisions shall be approved by the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners withinth~HOA. g. The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities : of the HOA. h. The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the I-tOA. i. The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. The CC&R's shall incorporate restrictions relating to architectural control and indicate to what extent, if any, exterior modifications may be made by the individual homeowner. k. The CC&R's shall include provisions assuring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. Resolution 19704 Page l 0 MISCELLANEOUS 24. The boundary of the subdivision shall be tied to the California Coordinate System-Zone (1983). 25. Design configuration of the perimeter landscape area, plus the location, height and materials for any retaining or garden walls or combinations thereof, subject to review and approval of the Zoning Administrator and the City Landscape Architect. 26. Install fire hydrants, to be tested and fully operational prior to any combustible materials being placed on site, to the satisfaction of the Fire Marshal. 27. Prior to the approval of the first final map, prepare and submit for City approval, an amendment to the EastLake Trails Sectional Planning Area Plan to reflect the transfer of 4 units from parcel R-6 to parcel R-5. CODE REQUIREMENTS 28 Comply with ali applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shalI be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 29 Underground all utilities within the subdivision in accordance with Municipal Code requirements. 30. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 31. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and ail plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Compliance with the CiD, of Chuta Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlement and market conditions, shall govern EastLake Trails South development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 32. Pay ail applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: a) The Transportation and Public Facilities Develobment Impact Fees. b) Signal Participation Fees. Resolution 19704 Page 11 c) All applicable sewer fees, including but not limited to sewer connection fees. d) Interim SR-125 impact fee. e) Telegraph Canyon (Gravity Flow) Sewer Basin DIF. f) Salt Creek Sewer Basin DIF as may be adopted by the City in the future. g) Telegraph Canyon Basin Drainage DIF. h) Salt Creek Basin Drainage DIF. i) Telegraph Canyon Sewer Pumped Flow DIF. Pay the amount of said fees in effect at the time of issuance of building permits. 33. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" assessments. Submit the disclosure form for approval bv the City Engineer prior to Final Map approval. 34 Comply with section 19.56020 of the Chula Vista Municipal Code in terms of required enclosed storage space requirements for each dwelling unit. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the right to revoke or modify ali approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. 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 nay one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution 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. Letter Planning and Building Director ,~i~ Attorney ,_~ Resolution 19704 Page 12 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 74 day of December, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Stfirley Horton, Mayor .aTTEST: Susan Bigelow, City Clerk STATE OF C..~LIFOP~NIA ) COUNTY OF SAN DI]EGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19704 was duly passed, approved, and adopted by the City Council at a regular ' meeting of the Chula \qsta City Council held on the 7~' day of December, 1999. Executed this ?'~' day of December, 1999. Susan Bigelow, City Clerk ATTACHMENT 3 J. F. Shea Co, r Inc. 3, If may per--n* ideo6fimi PUmmm to (1) abow is a mm'Inn~lt ot~mizafima or · mint, Ilar tl~ mm~s of any Imm°n stunting a~ cliz~nor of fl~ non-profit org~mita6on or as tn~t~ or bemnfi~'y or tmstor of ~ mint. John Vance Tod Fontana Ray Martin Debbie Younq 6. Hm~ yon sad/~r your oifit~wa ~r ~,,,~, in ~ba agama, ~ mm~ tlaatt $1,0(10 Io a Couar. il ammbar in the currant ~ pr~mdi~ ~l~lica p~xl? Y~ No__ If y~, su~ which Council mmnb~(s): Dm: May 5, 2000 Paul L. L. Barnes, Assistant Secretar~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 00-01, EASTLAKE TRAILS SOUTH TS-7, ACCEPTING ON BEHALF OF THE PUBLIC VARIOUS EASEMENTS DEDICATED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 00-01, EASTLAKE TRAILS SOUTH TS-7, and more particularly described as follows: Lot 536 of Chula Vista Tract No. 99-03, EastLake Trails South, in the City of Chula Vista, County of San Diego, State of California, according to Map Thereof No. 13812, filed in the office of the County Recorder of San Diego County, June 18, 1999. Area: 6.347 Acres No. of Lots: 1 Numbered Lots: 1 Lettered Lots: 0 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted upon receipt by the City of Chula Vista of all improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista, with the rights of ingress and egress, 5.5' tree planting and maintenance easement and emergency access easements, as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and emergency access easements with the right of ingress and egress, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego only upon the acceptance by the City of Chula Vista and its City Attorney of the improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of 2000 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to executed said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Joh~. Kaheny Director of Public Works City Attorney H: ~Home~Attorney\Reso~Trails .wpd 2 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this t~ day of ~ 2000, by and between THE CITY OF CHULA VISTA, aQ municipal $orporation, hereinafter called "city", and SHEA HOMES, 10721 Treena Street, Suite 200, San Diego, CA 92131, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EastLake Trails South TS-7 (Sycamore Ridge) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19704, approved on the 7th day of December, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00035-01 through 00035~09, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of Nine Hundred Thousand Dollars and No Cents ($900,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on 2 or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4~ It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Four Hundred Fifty Thousand Dollars and No Cents ($450,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Four Hundred Fifty Thousand Dollars and No Cents ($450,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the 3 improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 9. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 10. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 11. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 12. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, 4 however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 13. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 14. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) 5 SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE TRAILS SOUTH TS-7 {SYCA/~ORE RIDGE) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SHEA HOMES Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by Cit~/~Js~o~ney ~ (Attach Notary Acknowledgment) 6 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $450,000 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $450,000 Securities approved as to form and amount by City Att~ney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement H ~ \Home\Attorney~SIA~Sycamore 7 C-~LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No State of California County of san Diego On May 16, 2000 before me, Marcia J. Goodmant Notary Public , DATE NAME, TITLE OF OFFICER - E.G., '.~%1 E DOE. NOTARY PUBUC' personally appeared Paul L. L. Barnes and Ryan Green , ~ personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed -- the same in his/her/their authorized ~-~,,.,.'~-~,,;c~,J.-c~o~ i capacity(les), and that by his/her/their '~ ~ commbsion # 1224956 z ~/~. Notc~Publlc-Cafifomk3 ~_ signature(s) on the instrument the person(s), ~z~ Son Diego CounW [ or the entity upon behalf of which the ]~ ~co~m.r:,~:~J~3~ acted, executed the Instrument. person(s) WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this Iorm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT · [] PARTNER(S) [] LIMITED [] GENERAL [] A'I=rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESEN'I1NG: N/ddE OF PER~($) oe EN~(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave., P.O, Box 7184 · Canoga Perk, CA g1309-7184 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 00- 01, EASTLAKE TRAILS SOUTH TS~7, REQUIRING SHEA HOMES TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION 19704 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer, Shea Homes, has executed a Supplemental Subdivision Improvement Agreement in order to satisfy the remaining conditions of approval for Resolution 19704 Tentative Map Conditions for Chula Vista Tract No. 00-01, Eastlake Trails South RS-7. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 00-01, Eastlake Trails South TS-7, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John ~.~h~'~y Director of Public Works City Attorney [H:\HOME\ATTORNEY~RESO\sycamore ridge ssia (May 15, 2000 (2:19pm)] RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Foudh Avenue Chula Vista, CA 9'1910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Re¢order's Use SUPPLEMENTAL SU13DIVISION IMPROVEMENT AGREEMENT FOR EASTLAKE TRAILS SOUTH TS-7 FINAL MAP (SYCAMORE RIDGE) CHULA VISTA TRACT NO. 00-01. Conditions A, t3, C, D, E, 18, 19, 20, 21, 22, 23, 25, 26, 30, 31, 32, 33, and 34 of Resolution 19704 for this Project and Conditions 81 and 82 of Resolution 19447 for the EastLake Trails South Project) __ This Supplemental Subdivision ImprovementAgreement ("Agreement") is made this /~,~"V~day of ~'~t~,~ ,2000, by and'between THE CITY OF CHULA VISTA, California ("City" or "Gra~tee~for recording purposes only) and SHEA HOMES ("Develop- er" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is referred to as EastLake Trails South TS-7, Chula Vista Tract No. 00-01. For purposes of this Agreement the term "Project" shall mean "Property". B. Developer i~ the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract No. 00-01, EASTLAKE TRAILS SOUTH TS-7, ('q'entafive Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution 19704 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. a, Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer u rider this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this 2 Agreement as it relates to the portion of the Project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. c. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, EIR #97-04. Any such measures not satisfied by a specific condition or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the Mitigated Negative Declaration and Addendum. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. d. Implement Previously Adopted Conditions of Approval Pertinent to Project. Unless otherwise conditioned, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Agreement, of 1) a prior General Development Plan resulting in the current land use designations as shown on the EastLake II General Development Plan, previously approved by City Council Resolution No. 15198; 2) The EastLake Trails Sectional Planning Area (SPA) Plan, previously approved by Resolution 19275 on November 24, 1998, 3) EastLake II (EastLake I expansion) Planned Community District Regulations and Land Use District Map, previously approved by Ordinance NO. 2765 on December 8, 1998 and 4) EastLake Trails Master Tentative Subdivision Map (TSM 99-03) which was approved by Resolution No. 19447 on May 4, 1999, prior to approval of the corresponding Final Map. e. Implement the Public Facilities Financing Plan. Developer shall install public facilities in accordance with the EastLake Trails SPA Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 2. Condition A of GENERAL CONDITIONS OF APPROVAL Section of Resolution 19704 (Project Site Improvement). In satisfaction of Condition A of Resolution 19704, the Developer agrees to improve the project site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract 00-01, except as modified by Resolution 19704. 3. Condition B of GENERAL CONDITIONS OF APPROVAL Section of Resolution 19704 (Mitigation Measures). In satisfaction of Condition B of Resolution 19704, the Developer agrees to implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (EIR #97-04). Developer acknowledges and agrees that any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building and that mitigation measures shall be monitored via the Mitigation Monitoring Program. Should the Developer request a modification of the sequence of mitigation, such modification shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 4. Condition C of GENERAL/PRELIMINARY Section of Resolution '19704 (Mitigation Measures). in satisfaction of Condition C of Resolution 19704, the Developer agrees to comply, remain in compliance and implement, the terms, conditions, and previsions, as are applicable to the property which is the subject matter of this Tentative Map of: 1) EastLake Trails Master Tentative Map, Chula Vista Tract 99-03, established by Resolution 19447 and approved by Council on May 4, 1999; 2) EastLake Trails Sectional Planning Area (SPA) plan; 3) General Development Plan; 4) Planned Community District Regulations; 5) Water Conservation Plan; 6) Air Quality Improvement Plan; 7) Residential Design Guidelines; 8) and Public Facilities Financing Plan. Developer hereby waives any claim that the adoption of a final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of this condition. 5. Condition D of GENERAL/PRELIMINARY Section of Resolution 19704 (PFFP). In satisfaction of Condition D of Resolution 19704, the Developer agrees to install public facilities in accordance with the EastLakeTrails Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 6. Condition E of GENERAL/PRELIMINARY Section of Resolution 19704 (Design Approval). In satisfaction of Condition E of Resolution 19704, the Developer agrees to develop the condominium project in accordance with the applicable EastLake Trails Planned Community District Regulations and Design Guidelines, and as conditionally approved by the City's Design Review Committee on October 4 18, 1999, as set forth in the letter of conditional approval dated October 25, 1999. 7. Condition No. 18 of Resolution 19704 (Cut/Fill Units). In satisfaction of Condition No. 18 of Resolution 19704, the Developer agrees to submit in conjunction with the submittal of the first Request for Issuance of Building Permit form (PWE 106A) for the Project, a list that includes all of the units within the Project and indicates the geologic condition(s) that will undedie the structures to be built on each of the units (i.e. fill, cut, or a transition between the two geologic conditions). The subject list is to be completed, signed and stamped by the Engineer-of-Work and the Soils Engineer for the Project. 8. Condition No. 19 of Resolution 19704 (As-Built Drawings). In satisfaction of Condition No. 19 of Resolution 19704, the Developer agrees to submit "as-built" improvements and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. 9. Condition No. 20 of Resolution 19704 (Cable). In satisfaction of Condition No. 20 of Resolution 19704, the Developer agrees to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Final Map area, as described on Exhibit "A". Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Final Map only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accomodate that placement of such conduits; and (b) any such cable company is and remains in compliancewith, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enfome said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. 10. Condition No. 21 of Resolution 19704 (City Agreement). In satisfaction of Condition No. 21 of Resolution 19704, the Developer agrees to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers, or employees, to attack, or set aside, void or annul any approval by the city, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 11. Condition No. 22 and 23 of Resolution 19704 (City Agreement). In satisfaction of Condition No. 22 and 23 of Resolution 19704, the Developer agrees to submit, within 60 days of City Council approval of the first Final Map, evidence, acceptable to the City Engineer and the Director of Planning and Building, of the formation of a Homeowner's Association (HOA), or another financial mechanism acceptable to the City Manager. The HOA formulation documents shall be approved by the City Attorney. Developer further agrees that CC&R's for the Project shall be submitted to the City Planning and Building Department for review and approval within 60 days of City Council approval of the first final map, and shall include: a) Maintenance of all facilities located within open space, recreational or other common areas by the Homeowner's Association to include, but not be limited to: walls, fences, lighting structures, paths, trails, access roads, recreational amenities and structures, drainage structures and landscaping. b) Include language in the CC&R's establishing the HOA responsibility to maintain all streets, drainage and sewer systems that are private. Said private streets shall be maintained in perpetuity by the HOA and no request shall be made for future maintenance by the City. c) Include language in the CC&R's, establishing the HOA responsibility to maintain all perimeter fencing in accordance with the established guidelines set forth in the EastLake Trails SPA Plan and as approved by the City's Design Review Committee. d) Name the City of Chula Vista as a party to the CC&R's, with the authority, but not the obligation, to enforce the terms and conditions of the CC&R's. e) Include language in the CC&R's for the project specifying that individual owners may not modify the location, materials, height, or otherwise alter the established rear yard fencing. f) Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The HOA shall not seek approval from the City of said revisions without the pdor consent of 100 percent of the holders of first mortgages or property owners within the HOA. g) The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. h) The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. i) The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. j) The CC&R's shall incorporate restrictions relating to architectural control and indicate to what extent, if any, exterior modifications may be made by the individual homeowner. k) The CC&R's shall include provisions assudng BCOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 12. Condition No. 25 of Resolution 19704 (Landscape Design). In satisfaction of Condition No. 25 of Resolution 19704, Developer agrees to designthe configuration of the perimeter landscape area, plus the location, height and materials for any retaining or garden walls or combinations thereof, subject to review and approval of the Zoning Administrator and the City Landscape Architect. 13. Condition No. 26 of Resolution 19704 (Fire Requirements). In satisfaction of Condition No. 26 of Resolution 19704, the Developer agrees to install fire hydrants and make said hydrants fully operational prior to delivery of combustible building materials, to the satisfaction of the City Fire Marshal. t4. Condition No. 30 of Resolution 19704 (Clean Water Act). In satisfaction of Condition No. 30 of Resolution 19704, the Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 7 15. Condition No. 31 of Resolution 19704 (Chula Vista Municipal Code). In satisfaction of Condition No. 31 of Resolution 19704, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans by Developer shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlement and market conditions, shall govern EastLake Trails South development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Upon request of Developer, the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 16. Condition No. 32 of Resolution 19704 (Fees). In satisfaction of Condition No. 32 of Resolution 19704, the Developer agrees to pay all applicable fees in accordance with the City Municipal Code and Council Policy, including, but not limited to, the following: a) The Transportation and Public Facilities Development Impact Fees. b) Signal Participation Fees. c) All applicable sewer fees, including but not limited to sewer connection fees. d) SR-125 impact fee. e) Salt Creek Sewer Basin Fee. f) Telegraph Canyon Sewer Pumped Flow Fee. In addition, the Developer agrees to pay the amount of said fees in effect at the time of issuance of building permits. 17. Condition No. 33 of Resolution 19704 (Notices). In satisfaction of Condition No. 33 of Resolution 19704, the Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Developer agrees to submit the disclosure form for approval by the City Engineer prior to Final Map approval. 18. Condition No. 34 of Resolution 19704 (Storage Space Requirements). In satisfaction of Condition No. 34 of Resolution 19704, the Developer agrees to comply with section 19.56.020 of the Chula Vista Municipal Code in terms of required enclosed storage space requirements for each dwelling unit. 19. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of Conditions A, B, C, D, E, 18, 19, 20, 21, 22, 23, 25, 26, 30, 31, 32, 33, and 34 of Resolution 19704 for this Project and Conditions 81 and 82 of Resolution 19447 for the EastLake Trails South Project.. 20. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the EastLake Trails South TS-7, Chula Vista Tract No. 00-01 Tentative Map (adopted by Resolution 19704) and shall remain in compliance with and implement the terms, conditions and provisions of the Resolution. 21. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the Final Map Agreement for the EastLake Trails South, adopted per Resolution 19447, which included the subject project as a sheet-graded pad within the development, unless specifically noted herein. This agreement affirms, applies, and reflects the terms, conditions and provisions of the EastLake Trails South Final Map agreement and of the Tentative Map 99-03 conditions applicable specifically to the Final Map for the Property. 22. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 23. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein, so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 24. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. lO 25. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: Shea Homes 10721 Treena Street, Suite 200 San Diego, California 92131 Attn: John Vance A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any pdor oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attomey prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enfomement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attomey's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) SIGNATURE PAGE TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE TRAILS SOUTH TS-7 CHULA VISTA TRACT NO. 00-01 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SHEA HOMES By:. By: ~ ~2~ Mayor of the City of Chula Vista Paul Barn~,~ Its: Assistant Secretary ATTEST By:( ~""'~ --~,~:-':::~ ~ City Clerk Ryan ereen Its: Assistant .Secretary Approved as to form by City (Attach Notary Acknowledgment) ]3 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 536 OF CHULA VISTA TRACT NO. 99-03, EASTLAKE TRAILS SOUTH, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13812, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1999. H:\HOME\ENGINEER\LANDDEV~SSIATS7.JCM 14 EXHIBIT "B" STREET IMPROVEMENTS EASTLAKE TRAILS SOUTH TS-7 *City of Chula Improvement Limits/Location Vista Completion Comments Date Drawing Nos. All on-site private Within the Project **00035-01 Prior to first Improvement Plans improvements Subdivision Boundary through Building Permit are cttrrenfly being 00035-09 processed e u'aprovements are to be performed m accordance with the applicable sheets of the referenced Drawmg Nos. **The referenced plans (Drawing Nos.) have been submitted for review and approval but they have not yet been approved as of the date of this Agreement and therefor may be subject to modification by the City Engineer. EXHIBIT '~C" SUMMARY OF SECURITIES EASTLAKE BUSINESS CENTER II Improvement Limits Approved Security Status Amount Within subdivision *FP: $450,000 Improvement Plans arc All on-site improvements boundary *M & L: $450,000 currently Being Processed FP = Security Amount for Faithful Performance M & L = Security Amount for Material and Labor *The posted security mount reflects an added 50% contingency to the total estimated improvement costs since the improvement plans have been submitted for review and approval but they have not yet been approved as of the date of this agreement by the City Engineer, The posted security amount includes bonding for on-site and off-site knprovements which are included in the Subdivision Improvement Agreement. H:LItOME~ENGINEERLLANDDEVSTS7 S SEXC.JCM ~ C~LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of sa~ Diego On May 16, 2000 before me, Marcia J. Goodman, Notary Public , personally appeared Paul L. n. Barnes and Ryan Green , [;~ personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that ~she/they executed the same in Ids/her/their authorized ~J ~:~ ~wc~,J. GOOm,~ ~ capacity(les), and that by-hle/heWtheir · L~'-"_,,ta~ comm~o~ # ~2~49.~ z signature(s) on the Instrument the person(s), ~ ~ Not(~y Public- California ~ ~'~' San Diego Counfy ~' or the entity upon behalf of which the 1 -.=~- ~ca~m.r~p~sj~3.3:03~, person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulen! reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AT'rACHED DOCUMENT [] INDIVIOUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 'rn'L~(S) · [] PARTNER(S) [] LIMITED [] GENERAL [] ATrORNEY-IN-FACT NUMBER OF PAGES [] T~USTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE 993 NATIONAL NOTARY ASSOCIATION, 8236 Remmet Ave., P.O. Box 7184 · CanONS Perk, CA 91309-7184 COUNCIL AGENDA STATEMENT Item Meeting Date 5/16/00 ITEM TITLE: Resolution Approving the form of the Desiltation and Maintenance agreement between the City, Otay Project, LP and LB/L-RWR Otay 62 & 91 LLC to provide for the maintenance of certain improvements in the Telegraph Canyon Channel ~d authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Works ~tc o~ (4/5ths Vote: Yes No X ) REVIEWED BY: City Manager ~o~ _ The Tentative Map conditions for the proposed development of Village One West (Otay Ranch SPA One) require compliance with certain requirements regarding maintenance of the Telegraph Canyon drainage channel improvements. In addition, Council Policy No. 522-02 requires the developer to maintain the drainage improvements for 5 years. Currently, the Otay Ranch Company is processing rough grading plans with the City for a portion of their project (northerly of East Palomar Street) draining to Telegraph Canyon. Issuance of the grading permit is anticipated shortly. The subject agreement delineates the developer's responsibilities for maintaining the proposed improvements and establishes the security requirements to ensure their performance. RECOMMENDATION: That Council approve the resolution approving the form of the Desiltation and Maintenance agreement between the City, Otay Project, LP and LB/L-RWR Otay 62 & 91 LLC and authorize the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Council has approved three tentative maps for the properties in Otay Ranch SPA One (SPA One) draining to Telegraph Canyon. On November 19, 1996 Council approved Tentative Map No. 96-04 (TM 96-04) for a portion of SPA One owned by the Otay Ranch Company. On June 9, 1998, Council approved Tentative Map No. 98-04 (TM 98-04) for the McMillin Otay Ranch project. On August 17, 1999, Council approved Tentative Map No. 98-06 (TM 98-06) covering Village One West of SPA One (also owned by the Otay Ranch Company). Certain conditions of approval of these tentative maps require compliance, prior to issuance of a grading permit, with certain requirements related to the maintenance of the drainage Lmprovements in Telegraph Canyon. The City entered into separate Detention Basin and Siltation Agreements with Otay Ranch LP and McMillin (Original Agreements) providing for the construction and maintenance of the Telegraph Canyon drainage improvements within Village One. The grading along Telegraph Canyon within Village One is substantially complete, however the Original Agreements require on-going maintenance of the channel for a period of five years after acceptance of the area by the open space ; i · Page 2, Item Meeting Date 5/16/00 maintenance district (CFD 97-1). The Otay Ranch Company is currently completing the mass grading of Village One West and is processing rough grading plans for the northerly portion of this project, approval of this grading plan and issuance of the permit is anticipated shortly. A desiltafion and maintenance agreement is required for the Village One West project also. Actually, Condition No. 76 of TM 98-06 requires Otay Ranch Company to amend their Original Agreement to include the Village One West area draining into Telegraph Canyon. There are new ownership interests, which are different from those who entered into the Original Agreement. Thus, for purposes of clarity, instead of amending the Original Agreement, the same maintenance requirements will be guaranteed with a separate agreement encumbering only the Village One Project. The requirements of the Original Agreement that are applicable to Village One West as set forth in the conditions of approval of TM 96-04 and are incorporated into the Agreement before council as follows: Condition No. 54(d.2 &d.3) This condition requires the developer to enter into an agreement, whereby the developer provides for: 1) the removal of siltation in the Telegraph Canyon until all upstream grading within the development is completed and erosion protection planting is established; and 2) the maintenance of the drainage improvements for a period of five years after maintenance of the such facilities is assumed by the City or an open space district. CFD 99-2, the open space maintenance district for Village One West, was approved by the City Council on April 18, 2000. Condition No. 55 - Security for removal of siltation in the existing portion of Telegraph Channel east of Paseo Ladera. With the Original Agreement the developers were required to post a cash deposit of $50,000 and a maintenance bond of $180,000 as security for the siltation removal requirements for that portion of Telegraph Canyon between Paseo Ladera (which is west of Village One West's westerly boundary) and the eastern SPA One boundary. This maintenance obligation also covers the desiltation basin that was constructed in the channel at La Media Road. While the improvements proposed for Village One West do not include work within the Telegraph Channel, which is on the opposite side of Telegraph Canyon Road, Village One West does add more graded area to the west of the existing desiltation basin at La Media. Therefore, the developer has agreed to post a $25,000 cash deposit to cover an increase in the potential for a major siltation incident which could impact the channel and to provide for removal of siltation within the remaining natural portion of the channel before it becomes fully-lined, approximately 2,400 feet west of Paseo Ladera. Staff has determined that the maintenance bond of $180,000 will be adequate to protect the City as to the maintenance of the entirety of the drainage improvements and has been reissued to apply to the Village One West project as well as Village One. The proposed agreement stipulates that the City may withhold building permits for the project if the City determines the developer not to be in compliance with the terms of the agreement. The form of the agreement has been reviewed and approved by the City Attorney FISCAL IMPACT: None. The developer will be responsible for maintaining the drainage improvements until the maintenance is assumed by the proposed open space district. Attachment: Exhibit A H:\HOME~ENGINEER~AGENDA\V 1 WDesilt-Te[ Cyn.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF THE DESILTATION AND MAINTENANCE AGREEMENT BETWEEN THE CITY, OTAY PROJECT, LP AND LB/L-RWR OTAY 62 & 91 LLC TO PROVIDE FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS IN THE TELEGRAPH CANYON CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Tentative Map conditions for the proposed development of Village One West (Otay Ranch SPA One) require compliance with certain requirements regarding maintenance of the Telegraph Canyon drainage channel improvements; and WHEREAS, Council Policy No. 522-02 requires the developer to maintain the drainage improvements for five years; and WHEREAS, currently, the Otay Ranch Company is processing rough grading plans with the City for a portion of their project (northerly of East Palomar Street) draining to Telegraph Canyon; and WHEREAS, issuance of the grading permit is anticipated shortly and the subject agreement delineates the developer's responsibilities for maintaining the proposed improvements and establishes the security requirements to ensure their performance. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the form of the Desiltation and Maintenance Agreement with Otay Project, LP and LB/L- RWR Otay 62 & 91 LLC to Provide for the Maintenance of Certain Improvements in the Telegraph Canyon Channel, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Joht~4~r/KahenY Director of Public Works City Attorney [(H:/home/attorney/reso/desiltation Telegraph Canyon Channel (May 5, 2000 (4: 3pm}] Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 VILLAGE ONE WEST DESILTATION and MAINTENANCE AGREEMENT This agreement ("Agreement") is entered into , 2000 for, and effective as of the date last executed by the parties, by and between the City of Chula Vista, a California municipal corporation ("City"), LB/L-RWR Otay 91 LLC, a Delaware limited liability company, LB/L-RWR Otay 62 LLC, a Delaware limited liability company and Otay Project L.P., a California limited partnership (collectively referred to as "Developer"), with reference to the following facts: RECITALS A. Developer owns approximately 133+/- acres ("Project") of that certain real property, as more particularly described in Exhibit "A" (Legal Description) and as shown on Exhibit "A-l", located within a portion of what is commonly known as Village One West of the Otay Ranch Sectional Planning Area Plan (SPA One) planned community. B. On October 28, 1993, the Chula Vista City Council, pursuant to Resolution NO. 17298, and in accordance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code Section 21000 et seq.), certified the Final Program Environmental Impact Report for the GDP, SCH #9010154 ("Program EIR 90-01" or "Program EIR"), made certain Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations. C. On June 4, 1996, the City Council, pursuant to Resolution No. 18286, approved the SPA One Plan and Public Facilities Financing Plan, relying on the Otay Ranch SPA One Plan Final Second Tier Environmental Impact Report 95-01 and the first Addendum thereto re-certified on May 21, 1996 by Resolution No. 18304 and the second addendum thereto adopted Nov. 19, 1996 by Resolution 18398. D. On June 3, 1997, City approved the Third Addendum to the Final Second Tier Environmental Impact Report (FEIR 95-01) for the Otay Ranch Sectional Planning Area SPA One Plan and an Amendment (PCM 97-20) to the Otay Ranch Sectional Planning Area SPA One Plan by Resolution No. 18685. E. On February 16, 1999, the City Council, by Resolution 19375, (PCM 97-11) approved an amendment to the Otay Ranch SPA One Plan, including the Otay Ranch Public Facilities Financing Plan for Villages One and Five and One West. F. On August 17, 1999, City Council approved a Tentative Map Tract 98-06 for Village One West by Resolution No 19572 ("CVT 98-06 Tentative Map"). G. On August 12, 1997, City Council approved by Resolution 18746 the Detention Basin and Siltation Agreement between City and Otay Ranch L.P. ("Original Agreement") providing for the construction and maintenance of certain drainage improvements within the Telegraph Canyon Basin. H. On December 16, 1997, City Council approved by Resolution 18847 the First Amendment to Detention Basin and Siltation Agreement amending certain provisions of the Original Agreement. I. Condition No. 76 of CVT 98-06 Tentative Map, requires Developer to amend the Original Agreement to include the area of Village One West located north of East Palomar Street draining to Telegraph Canyon. J. Condition No. 62 of CVT 98-06 Tentative Map, requires Developer to enter into an agreement to guarantee the construction and maintenance of the Poggi Canyon Channel and Detention Basin prior to the first final "B" map or grading permit for land draining into Poggi Canyon. Condition No. 62 was satisfied with the approval of the Po~gi Canyon Desiltation and Maintenance Agreement Between the City and Otay Project LP on Oct. 19, 1999 by Resolution No. 19634. K. Developer is the successor-in-interest to Otay Ranch L.P. and has succeeded to all of the rights, and has assumed all of the obligations as to the Original Agreement. L. Otay Project L.P conveyed title to a portion of the Project to LB/L-RWR Otay 91 LLC and LB/L-RWR Otay 62 LLC on Dec. 29, 1999. M. City and Developer acknowledge and agree that instead of amending the Original Agreement, Condition No. 76 may be satisfied by the execution of an entirely new agreement between and among the 2 current owners of the project and the City of Chula Vista, the terms of said new agreement shall reflect the requirements of Conditions No.54 and 55 of the CVT 96-04 Tentative Map for Village One, SPA One which were enforced through the Original Agreement. N. Condition No. 54 of the CVT 96-04 Tentative Map, as more particularly set forth on Exhibit "B", requires the Developer to guarantee the construction of a drainage facility and ~uarantee the operation and maintenance of any temporary runoff detention basin that may be approved by the City Engineer. O. Condition Number 55 of the CVT 96-04 Tentative Map, as more particularly set forth on Exhibit "B", requires the Developer to provide for the removal of siltation from the existing naturalized Telegraph Canyon Channel and the Detention Basin; and P. City acknowledges that the requirements of Condition 54 a(2), b, and c of CVT 96-04 Tentative Map regarding the construction of the Detention Basin in Telegraph Canyon Channel have been satisfied by an alternative developer, McMillin D.A. America Otay Ranch LLC, through agreement No. CO98-047 approved by the City Council of the City of Chula Vista by Resolution No. 18934. City also acknowledges that a temporary runoff detention basin, as described in Condition No. 54 a(2) of CVT 96-04 Tentative Map is no longer needed to service Phase 2b or any portion of the Otay Ranch SPA One Project. Q. City and Developer acknowledge and agree that the Original Agreement and the First Amendment remain in full force and effect and have not been modified or amended by this agreement. NOW THEREFORE BE IT RESOLVED that the Parties agree as follows: 1. Defined Terms. As used herein, the following terms shall mean: 1.1 "Complete Construction" shall mean that construction of the improvements have been completed and have been inspected and accepted by the City. 1.2 "Final 'B' Map" shall mean any final subdivision map for all or any portion of the Property other than the Superblock Final Maps commonly referred to in Chula Vista as an "A" Map. 1.3 "Maintain" or "Maintenance" shall mean to furnish, or the furnishing of, services and materials for the ordinary and usual maintenance required for the operation of any detention basin or similar type of improvement or as set forth in a City approved maintenance program. 3 1.4 "Maintenance District" shall mean a special district established by the City pursuant to State law. 1.5 "Detention Basin" shall mean the detention basin in the Telegraph Canyon Channel at La Media Road crossing constructed in accordance with Chula Vista Drawings No. 98-153 through 98-183. 2. Condition Nos. 54 d(2) & (3) & 55 - Maintenance and Siltation Removal in Telegraph Canyon. In satisfaction of Condition Nos. 54 d(2) & (3)and 55 of CVT 96-04 Tentative Map and in satisfaction of Condition No. 76 of CVT 98-06 Tentative Map, attached hereto as Exhibit B with respect to land draining into Telegraph Canyon Channel, the Developer agrees to the following: 2.1 Siltation Removal. Until all upstream grading within the Project is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Planning and Building, the Developer agrees to remove siltation attributable to the Project from the existing Telegraph Canyon Channel that extends from the boundary of Village One West at Paseo Ranchero to a point approximately 2400 feet west of Paseo Ladera said point coinciding with the beginning of the concrete-lined portion of the existing Telegraph Canyon Channel, as more particularly shown on Exhibit "A-I". In addition Developer shall remove siltation attributable to the Project from the above section of the existing Telegraph Canyon Channel for a period of five years after the date the City or a Maintenance District assumes maintenance of said Channel pursuant to the "Agreement Regarding Maintenance of the Telegraph Canyon Drainage Channel," adopted by City Council Resolution No. 18619 (Contract No. CO97-028) . The City Engineer shall be solely responsible for determining if any siltation is attributable to the Project. 2.2 Improvement Securities. Developer shall provide the City with improvement securities, in accordance with paragraph 4 below, to guarantee Developer's siltation removal obligations hereunder. In the event of Developer's default in the performance of its siltation removal obligations, Developer agrees to pay to the City any difference between the total costs incurred by the City to perform such desiltation work, and any proceeds from the improvement security. 3. Rei~%bursement District. Developer understands and agrees that the Detention Basin provides service to Developer's property. Developer agrees not to protest the formation of an assessment district, reimbursement district, or some other financing district, if such a district is formed, which would spread the proportionate share of the cost of constructing said facility among the property owners benefiting from the facility, which may include the Developer. This Agreement not to protest the inclusion of this public improvement within an assessment district shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to this improvement. 4. Security for Performance. 4.1 Cash Deposit. Prior to the City's issuance of the first grading permit for the Project, Developer shall provide City with a cash deposit for Developer's desiltation obligations ("Security Deposit") under this Agreement in the sums set forth in Exhibit "C". City shall hold the Security Deposit for the duration of Developer's maintenance obligations hereunder, and expend such deposit solely for purposes of said maintenance obligations in the event of Developer's default in the performance of such obligations. Should the City expend the cash deposit due to Developer's default of its performance obligations, Developer agrees to redeposit the equivalent sum of money needed to equal the amount of the deposit required by this Agreement, as set forth in Exhibit "C", within 30 days of the City's request for such deposit. All interest earnings on the Security Deposit shall be retained by the City during this period. Except as provided in the Section below, any unexpended amount of the Security Deposit, including any interest earned, shall be released and remitted to Developer upon the termination of its Maintenance obligations as set forth in this Agreement. 4.2 Bonds. Prior to the City's issuance of the first grading permit for the Project, Developer shall provide City with bonds for a series of two year terms starting from the date of issuance of said grading permit, in order to guaranty its siltation removal obligations in accordance with the provisions of this Agreement and in the amounts more fully set forth in Exhibit "C". The Maintenance Bond(s) shall be issued by a surety with a Bests A,V rating or better and shall be in a form approved by the City Attorney. The City Engineer, will review Developer's security provided herein every two years, when the bond expires and must be renewed by Developer. The City recognizes bonds are issued for a two-year period, however it will be the responsibility of Developer to ensure that at no time will Developer leave a gap in providing security for its outstanding obligations. Developer understands and agrees that the City shall not issue any grading permits until the bonds and cash deposit have been delivered and approved as sufficient by the City. At the bond renewal time, the City Engineer may reduce the bond requirement by an appropriate amount determined by the City Engineer if it is determined by the City Engineer that the maintenance obligations have been reduced. In addition, Developer may request that another form of equivalent security, such as a letter of credit or cash, acceptable to the City in its sole discretion, be substituted for the bonds described herein. Developer understands and agrees that such substitution is in the sole discretion of the City. The Maintenance Bonds provided in satisfaction of the Original Agreement may in the City's discretion be used to satisfy the security requirements of this section, provided such bonds meet the requirements of this section. 4.3 Refund. In the event that the annual Maintenance costs are reduced, the City Engineer may review at Developer's request to reduce, proportionately, the amount of the Security Deposit and/or Maintenance Bond required by this Section. City shall not unreasonable withhold approval of such request. 5. Build£ng Permits. Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of the City of Chula Vista. Therefore, Developer agrees that the City shall have the absolute and unfettered right to withhold the issuance of any building permit for any residential units within the Project if the Developer is determined by the City not to be in compliance with the terms of this Agreement. If Developer is determined by the City not to be in compliance with any term of this Agreement, the City shall notify Developer of Developer's noncompliance and provide Developer with 30 days to cure said noncompliance. The City Engineer in his/her sole discretion may extend the time to cure such noncompliance if the City Engineer determines that Developer is making a good faith and diligent effort to cure such noncompliance. 6. Successors - Release. 6.1. Aqreement Bindinq UDon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the real property, described herein as the Project, until released by the mutual consent of the parties or as otherwise provided in the Agreement. 6.2. Aqreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Project and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceed- ings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. 6.3. Release of Individual Lots. Each lot or parcel encumbered by this Agreement may, in the City Manager's (or Manager's designee) discretion, be released from the encumbrance hereof upon the issuance of a building permit in conformance with the Tentative Map and/or Final "B" Map with respect to such lot or parcel or upon the conveyance of any such lot or parcel to a homeowner or 6 homeowners association. The City Manager (or Manager's designee) shall not withhold consent to such release so long as the City Manager (or Manager's desfgnee) in good faith finds that the Developer is in compliance with the terms of this Agreement and that such partial release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, or the conveyance of such lot or parcel to a homeowner's association, such lot or parcel shall be automatically released from the encumbrance hereof. In the event the City Manager (or Manager's designee) agrees to the Release, or escrow closes on any individual homeowner's lot or parcel or any homeowner's association lot or parcel, at the request of Developer or any successor in interest who owns any such lot or parcel, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Attorney which confirms the release of such lot or parcel from the encumbrance of this Agreement. 7. Miscellaneous Provisions. 7.1 Attorneys' Fees. In the event that either Party commences litigation for a specific performance or damages for breach of this Agreement, the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought 7.2 Indemnification. Developer further understands and agrees that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Developer, its agents or employees, or indemnitee, related to the Developer's maintenance activities within the Telegraph Canyon Channel and maintenance activities. Developer further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Developer, its agents or employees, or indemnitee, related to the Developer's maintenance activities within the Telegraph Canyon Channel. The approved improvement securities referred to above shall not cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of Developer's maintenance activities as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the Developer's maintenance activities within the Telegraph Canyon Channel. The approval of plans for the Developer's maintenance activities within the Telegraph Canyon 7 Channel and any related improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the Developer's maintenance activities within the Telegraph Canyon Channel and any related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect regardless of the City's acceptance of any improvements within the Telegraph Canyon Channel. 7.3 Entire Aqreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof and any and all other prior or contemporaneous oral or written agreements are hereby superseded. This Agreement may be amended, but only pursuant to a written amendment properly authorized and executed by both parties hereto. 7.4 Compliance with Laws. In the performance of its obligations under this agreement Developer shall comply with any and all applicable federal, state and local laws, regulations, policies, permits and approvals. 7.5 Recitals and Exhibits. Recitals set forth above and all attached Exhibits referred to herein are hereby incorporated herein by this reference. 7.6 Term. This agreement shall remain in effect for so long as either party has executory obligations hereunder. 7.7 Recordinq. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego. 7.8 Assiqnment. The obligations of the Developer under this Agreement shall not be assigned in whole or in part, without the express written consent of the City. 7.9 Authority of Siqnatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable it to enter into this Agreement. 7.10 Termination. Upon the termination of this Agreement pursuant to Section 9.6 hereof, at the request of Developer or any successor in interest who owns any portion of the Project encumbered by this Agreement, the City shall execute an instrument in recordable form which evidences the termination of this Agreement and confirms the release of the Project from the encumbrance of this Agreement. 7.11 Force Majeure Except with respect to any obligation to pay money or post securities when due, no party hereto shall be 8 liable for any delay or failure to perform this agreement caused by Force Majeure. As used herein, the term Force Majeure shall mean acts of God; strikes; walkouts; labor disputes or disturbances; war; blockage; insurrection; riot; earthquakes; typhoons; hurricanes; floods; fires; explosions; or other similar circumstances beyond the reasonable control of such party. In the event of Force Majeure likely to cause any such delay or failure, the parties suffering such Force Majeure shall give notice to the other party hereto, stating the particulars of such Force Majeure and shall to the extent it is ca~able of doing so, remove such cause with all reasonable dispatch, except that, no party shall be required to settle any strike, walkout, labor dispute or disturbance by acceding to the demands of the opposing party when such course is deemed inadvisable by such party. [NEXT PAGE IS SIGNATURE PAGE] Page One of Signature Pages Village One West Desiltation Agreement IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first above written. Dated: CITY OF CHULA VISTA a municipal corporation By: Mayor Shirley Horton Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: 10 05/16/00 TUE 16:17 FAX 8188418072 LAKESIDE REALTY Al)VISORS [~003 ~age ~o of Si~aCure 9a~e8 Village ~e We~t ~eailtaCi~ OTAY PROJECT, L-P.. California limited partnership California limited liability company, 8eneral Partner By: Otay Ranch Development, LLC, Delaware limited liability company. Authorized Mem~mr LB/L-RWR OTAY 62 LLC. a Delaware limited liability company By: LB/L-RWR Master LLC.a Delaware limited liability company, its Member By; LB/Lakeside capital Partners LLC, a Delaware limited li~illty company, its M~agin~er . LB/L-RWR OTAY 91 LbC, a Delaware limited liability company By: LB/L-R~ Ma~ter LLC,a Delaware limited 'li~ility comply, 'its Member By; ~/Lakeslde Capital Partners ~C, a Delaware limited li~ility company, its Managinq Me.er 11 05/16/'00 TUE 16:18 FAX 8188418072 LAKESIDE REALTY ADVISORS ~004 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles } ss. On ~tttl {~.7/0t~(~ .beforeme, JuanitaJ. Corona. NotarvPublie /~ ~am¢ and Title of Officer {e.g., "Jane Doc", Notary Public) personally appeared ~-I I/'l~ 7- P44q ~,~ ga q , Name(s) of Signa'(s) ~"-~personally know to me [] proved to me on the basis of satisfactory evidence mstrumant and acknowledged to me that he executed signature on the insbxnnent the person, or the entity V~ upon behalf of which the person acted, executed the instmment. WITNESS my hand and official seal. Place Notary Seal Above ~ - Signature o~l~lolary ~lbli~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of ,~ttaehed Document Title or Type of Document: Document Date: Nmber of Pages: Signer(s) Other Than Named Above: CapacitY0¢S) Claimed By Signer Signer's Name: RI(~HT THUMBPRINT OF SIGNER  Individual Corporate Officer - Title(s): [] Partner- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other Signer is Representing: 05/16/00 TUE 16 19 FAX 8188418072 LAKESIDE I~EALT~ ADVISORS ~005 ~, ~o, zulu j:~r~ ~t u~aY ~/~N~ CJ NO. 4158 P. 13 CALIFORNIA ALL4~URI~OSE ACKNOWLEDGMENT State of California ~raonally ~nown to me e~de~  to be ~e pemon(~ whose name~ ~' subscribed to the wl~ instrument and a~nowledged to me ~s~/~y ex~uted the same in ~/~r ~uthorlz~d capacify(l~ and that by ~r~eir signatum(~ on the Instrument ~e pomona, or the enU~ upon behalf of whioh the peraon~ a~, ex~uted the ins~ument. WIT~y~~hand ~ seal. .... OPTIONAL - Oescrlption of A~ched Document ~tla or Type of Doaument: . . Sigoe~(s) Other ~a~ Named A~vo: . Capaci~(ies) Claim~ by Signer 5~ner's Name: ~ Cor~ra~ Officer~ ~ Pa~er ~ Limit~ ~ A~rney in Fact ~ Trustee ~ Gua~ian ~ Conse~a~r ~ ~her: ¢-/7 LIST OF EXHIBITS Exhibit A... Legal Description (Village One West - North) Exhibit A-1 Location Plat Exhibit B Conditions of Tentative Map Approvals Condition Nos. 54 and 55 of TM 96-04 Condition Nos. 62 and 76 of TM 98-06 Exhibit C List of Improvement Securities; purpose and amounts E X H I B I T "A" Legal Description 13 PORTION OF VILLAGE 1 WEST (NORTH) IN THE CITY OF GHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PARCELS '1 THROUGH B. INCLUSIVE. AND A PORTION OF PARCEL g OF PARCEL MAP NO. 18396, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO cOUNTY ON DECEMBER 22, 1999, A PORTION OF TELEGRAPH CANYON ROAD, AND A PORTION OF QUARTER SECTION 4'1 OF RANCHO DE LA NACION, AGCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF SAID COUNTY RECORDER, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL MAP NO. 18396, SAID LINE ALSO BEING ALONG THE SOUTHWESTERLY SIDELINE OF PASEO RANCHERO V~TH A BEARING OF NORTH 39015'25" WEST, A DISTANCE OF 355.25 FEET; THENCE SOUTHEASTERLY ALONG SAID BOUNDARY, SOUTH 39°15'25" WEST, 217.75 FEET; THENCE LEAVING SAID BOUNDARY ALONG THE FOLLOWING 11 COURSES: 1. SOUTH 50°44'35" WEST, 601.42 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 1350,00 FEET; 2. THENCE SOUTHWESTERLY 277.33 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 I"46'13"; 3. THENCE ON A NON-TANGENT LINE NORTH 26°23'00'' WEST, 235,14 FEET; 4. THENCE SOUTH 53"37'00" WEST, 52.00 FEET; THENCE SOUTH 26°23'00" EAST, 205.04 FEET; THENCE SOUTH t8°57'27" WEST, 2tl.45 FEETTO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWEST, FROM WHICH THE RADIUS POINT BEARS NORTH 25°42'06" WEST A DISTANCE OF 1950.00 FEET; 7. THENCE SOUTHWESTERLY 267.79 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7"52'06"; 8. THENCE SOUTH 72"10'00'' WEST, 652.42 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 1950,00 FEET; 9. THENCE SOUTHWESTERLY 225,76 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°38'00"; 10. THENCE SOUTH 78°48'00" WEST, 682,34 FEET TO THE BEGINNING OF A CURVE. CONCAVE SOUTHEAST, HAVING A RADIUS OF 3050.00 FEET; 11. THENCE SOUTHWESTERLY 415.31 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7"48'0T' TO A POINT ON THE WESTERLY BOUNDARY OF SAID PARCEL MAP NO. 18396; THENCE ALONG SAID WESTERLY BOUNDARY, NORTH 17"51'45" WEST, 2070.41 FEET, MORE OR LESS TO THE NORTHWESTERLY CORNER OF SAID PARCEL MAP NO. 18396; THENCE NORTH 7~24'08'' WEST, 65.02 FEET MORE OR LESS TO A POINT ON THE CENTERLINE OF TELEGRAPH CANYON ROAD; THENCE ALONG SAID CENTERLINE THE FOLLOWING 3 COURSEs: 1. NORTH @2°35'52" EAST, 1009,02 FEETTO THE BEGINNING OF A CURVE, CONCAVE NORTHWEST. HAVING A RADIUS OF 2000,00 FEET; 2~ THENCE NORTHEASTERLY 545.32 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°37'20"; 3. THENCE NORTH 66"59'32" EAST, 1038.90 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 23°01'28'' EAST, 76.00 FEET TO A POINT ON THE BOUNDARY OF SAID PARCEL MAP NO. 18396; THENCE ALONG THE BOUNDARY OF SAID PARCEL MAP NO. 18396 THE FOLLOWING 12 COURSES: PAGE 1 OF 2 :DS M '.'d..e~j a Is~ 025~ 65~A37. doc MA¥-17-2000 13:59 HUNSAKER & ASSOCIATES SD 858 558 4500 P.05/04 1. SOUTH 66°27'20" EAST, 26.18 FEET; 2. THENCE SOUTH 22°58'51" EAST, 184.69 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEAST, HAVING A RADIUS OF 2088.00 FEET; 3. THENCE SOUTHEASTERLY 172.45 FEETALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°46'40" TO A POINT OF COMPOUND CURVATURE OF A CURVE HAVING A RADIUS OF 1456.00 FEET; 4. THENCE SOUTHEASTERLY 166,86 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°33'16"; & THENCE SOUTH 34°18'47" EAST, 69.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEAST, HAVING A RADIUS OF 2064.00 FEET; 6. THENCE SOUTHEASTERLY 17810 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°56'38"; 7. THENCE SOUTH 39015'25'' EAST, 41S8.29 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 444.00 FEET; 8. THENCE SOUTHEASTERLY 8.31 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°04'22"; 9. THENCE SOUTH 38°11'03" EAST, 307.92 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 128.00 FEET; 10. THENCE SOUTHEASTERLY 26.65 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11"55'46" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 152.00 FEET; 11. THENCE SOUTHEASTERLY 34.49 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13~00'08'' TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 133.31 ACRES, MORE OR LESS DANA MICHAEL SEG~ L.S. 6215 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 'DS M;~Leg als~O025~255~3%do¢ wo 25-27~ 5/17/0D {~-r.~ / E X H I B I T "A-i" Village One West - North 14 E X H I B I T "B" CONDITIONS OF TENTATIVE MAP APPROVAL Conditions Nos. of 54 and 55 of Chula Vista Tract No. 96-04: 54. Prior to approval of {1) the first final "B" Map or grading permit for land draining into the Poggi Canyon or (2) the first final "B" Map or grading permit which requires construction of Santa Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer as follows: (1) Runoff detention/desilting basin and naturalized channel in POggi Canyon; or (2) Runoff detention Basin in Telegraph Canyon Channel The City Engineer may approve that these facilities are constructed at a later time if the developer provides private temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the quantity of runoff from the development to an amount equal to less than the present 100 year flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (O & M) of said facility. The developer shall provide security satisfactory to the City to guarantee the 0 & M activities, in the event said facilities are not maintained to City standards as determined by the City Engineer. The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Parks and Recreation, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: (1) Provide for the maintenance of the proposed detention basin in Telegraph Canyon and the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance 15 of such facilities is assumed by the City or an open space district. (2) Provide 'for the removal of siltation in the Telegraph and Poggi Canyon Channels (including detention basins) until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. (3) Provide for the removal of any siltation in the Telegraph and Poggi Canyon Channels (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is assumed by the City or an open space district. 55. Enter into an agreement with the City, prior to approval of the first final "B" Map or grading permit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to perform the following activities within the portion of said existing channel extending from Paseo Ladera to the eastern subdivision boundary: a. Provide for the removal of siltation until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. b. Provide for the removal of any siltation attributable to the development for a minimum period of five years after maintenance of the channel is assumed by the City or an open space district. Condition Nos. 62 and 76 of Chula Vista Tract no. 98-06: 62. Prior to approval of the first final "B" map or grading permit for land draining into the Poggi Canyon or grading permit which requires construction of the Poggi Canyon Channel, whichever occurs first, the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer including a runoff detention/desilting basin and naturalized channel in Pog~i Canyon. The City Engineer may approve that these facilities are constructed at a later time if the developer provides private temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the quantity of runoff from the development to an amount equal to less than the present 100-year flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (O & M) of said facility. The developer shall provide security satisfactory to the City to guarantee the 0 & M activities, in the event said facilities are not maintained to City standards as determined by the City Engineer. The developer shall be responsible for obtaining all 16 permits and agreements with the environmental regulatory agencies required to perform this work, except as provided for in the Olympic Parkway Financing and Construction Agreement approved by Council Resolution No. 19410. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Planning and Building, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista wherein the parties agree to implement the maintenance program. Such agreement may include environmental agencies the City of Chula Vista deems necessary parties to such agreement. d. Enter into an agreement with the City where the developer agrees to the following: (i) Provide for the maintenance of the naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. (ii) Provide for the removal of siltation in Poggi Canyon Channels (including detention basins) until all UPstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Planning and Building. (iii) Provide for the removal of any siltation in the Poggi Canyon Channel (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is accepted by the City or an open space district. 76. Prior to the issuance of the rough grading permit for the project area north of East Palomar Street, the developer shall revise the existing Telegraph Canyon Detention Basin and Siltation Agreement approved by City Council Resolution No. 18746 on August 12, 1997, and any amendments thereto to include the Project area. 17 E X H I B I T ~C" SECURITY REQUIREMENTS REMOVAL OF SILTATION {Paragraph 2.1 of the agreement) * Cash Deposit Cash deposit or letter of credit in the amount of $25,000 to be submitted prior to the issuance of the first rough grading permit. * Maintenance Bond Bond {series of two-year terms) in the amount of $180,000 to be submitted prior to the issuance of the first rough grading permit. C:~Agreements\Village One West Desilt Agmt. DOC 19 COUNCIL AGENDA STATEMENT Item Meeting Date May 23, 2000 ITEM TITLE: Quarterly Fiscal Status Report for the Third Quarter of Fiscal Year 1999-00 SUBMITTED BY: Deputy City Manager Powell~ REVIEWED BY: City Manager ~g ~q-/ (4/5tbs Vote: Yes No X ) In accordance with Charter Section 504(f), attached for your consideration is a report covering the third quarter of Fiscal Year 1999-00. RECOMMENDATION: That Council accept the report as submitted. DISCUSSION: Section 504(f) of the City Charter requires quarterly fiscal status reports to be filed by the Director of Finance through the City Manager. Attached for your consideration is the report covering the third quarter status for Fiscal Year 1999-00. The City General Fund began the fiscal year with an Available Fund Balance of $9.7 million. Assuming that the assumptions made during the budget process for Fiscal Year 1999-00 generally remain valid, based on performance through the end of the third quarter, it is anticipated that the Available Fund Balance for the General Fund could increase by more than $3 million (31%) by year-end. The detailed attachments to the third quarter status report generally reflect that revenues continue to be strong and we are optimistic that actual revenues overall will exceed budget estimates by at least $3.4 million (4.4%). In addition, overall expenditure levels are projected by departments to be less than budgetary allocations primarily due to position vacancies by at least $2.0 million (2.5%). FISCAL IMPACT: There is no fiscal impact relative to accepting or rejecting the report, since it is for information purposes only. COUNCIL INFORMATION DATE: May 23, 2000 TO: Honorable Mayor and City Council VIA: David D. Rowlands, Jr., City Manager FROM: Robert W. Powell, Deputy City Manager~'~) SUBJECT: QUARTERLY FISCAL STATUS REPORT FOR THE QUARTER ENDED MARCH 31,2000. The General Fund budget adopted for Fiscal Year 1999-00 included appropriations for expenditures and transfers out of $73.8 million, supported by estimated revenues and transfers in of $73.8 million. Through the end of the third quarter of the fiscal year 1999- 00, Council has approved supplemental appropriations totaling $2.2 more than estimated revenues. Due to a beginning budgetary balance anticipating $79,100 more in revenues, only $2.1 million is contemplated to be absorbed by General Fund reserves. Refer to Attachment A for the detail of the supplemental budget items approved by Council in the second quarter. Attachments B and C are Summary Statements of actual Revenues totaling $49 million (62.3% realized) and actual expenditures totaling $52.3 million (64.7% incurred) as of the end of the third quarter of fiscal year 1999-00. These amounts are consistent with normal trends for the third quarter of a fiscal year. As noted in the schedule below, as of the end of the third quarter of this fiscal year, the aggregate sources of funds (revenues and transfers in) are expected to exceed the aggregate uses of funds (expenditures and transfers out) by approximately $3.4 million, thereby increasing reserves by this amount. Revenues/ Transfers In 73,836,274 78,649,271 82,078,461 3,429,190 Expenditures/ Transfers Out 73,757,174 80,735,911 78,698,119 (2,037,792 Excess(Deficiency) of Revenues Over Expenditures $79,100 ($2,086,640) $3,380,342 This represents a reduction of $0.8 million from projections as of the end of the previous quarter, when a Fund Balance increase of $4.1 million was tentatively projected. The decrease is the result of several budget amendments that were approved during the third quarter which have a negative impact on Fund Balance projections. REVENUE~RANSFERS-IN Attachment D reflects projected actual revenues for the fiscal year 1999-00 to be greater than budget by $3.4 million or 4.4%. As discussed in greater detail in Attachment D, actual revenues in most categories are projected to meet or exceed budget estimates. Those individual accounts reflecting the most positive growth in excess of budget estimates at this time are Franchise Fees (+1,803,000 or 70%) and Sales Taxes ($1,040,000 or 6.6%). EXPENDITURES~RANSFERS-OUT Based on projected expenditures received from the departments, approximately $2.0 million is anticipated in savings from the amended budget. Significant savings are projected in several departments, including Public Works ($580,000), Police ($530,000), Planning/Building & Housing ($519,000), all primarily due to staffing vacancies. ADMINISTRATIVE BUDGET TRANSFERS There were four appropriation transfer requests between expenditure categories approved by Administration during the third quarter totaling $34,305 (See Attachment E). Attachment A General Fund Budget Amendments Per Council Resolutions Fiscal Year 1999.00 as of March 31, 2000 Est. Add'l Add'l General Fund Descr~)tio~ Revenues Approp. Net Impact Addition of Staff to Community Development 34,674 34,674 0 Salary Compensation Study 505,749 1,146,118 (640,369) Public Library Foundation Unanticipated Funding and 90,810 90,810 0 Reclassification of two positions Gates Library Initiative State Partnership Program 77,476 77,476 0 Freedom Foundation Conference 0 50 (50) Contract w/PBR in preparation of City-wide Master Plan 0 45,600 (45,600) Freedom Foundation Conference 0 50 (50) Sandag 2000 Census 25,000 25,000 0 Dash Program 5,025 5,025 0 City Wide Master Plan 0 47,000 (47,000) Computer Upgrade Network (ClP) 0 159,450 (159,450} High Desity Drug Trafficking Area Grant Funds 18,649 18,649 0 Animal Care Facility ClP 1,181,960 1,181,980 0 Reclassification of Positions in Admin and Fire 0 33,000 (33,000) City Clerk Suppries and Professional Services 0 25,184 (25,184) Human Resources - New Positions 0 234,654 (234,654) Leviton PFDIF Fees 0 78,475 (78,475) USA Softball Loan 0 500,000 (500~000) $1~939~342 $3~703~175 ($1~763~832) Year To Date Budget Amendments $4r812~997 $6~978~737 ($2~165r739) Attachment B GENERAL FUND REVENUES Summary by Revenue Category Fiscal Year 1999-2000 as of March 31,2000 AMENDED ACTUAL PERCENT Property Taxes $10,235,319 $6,192,805 60.5% Other Local Taxes Sales 15,660,000 9,834,870 62.8% Franchise 2,584,000 1,912,217 74.0% Transient Occupancy 1,851,000 1,076,163 58.1% Utility Users 3,630,000 2,398,861 66.1% Business License 830,000 797,394 96.1% Other ~ 348.080 55.7% Total Other Local Taxes 25,180,000 16,367,585 65.0% Licenses & Permits Building, Plumbing, Electrical 2,942,000 2,126,389 72.3% Other 390.900 Total Licenses & Permits 3,332,900 2,479,046 74.4% Fines, Forfeitures & Penalties 735,472 702,269 95.5% Revenue from Use of Money & Property 1,408,805 1,604,306 1 '13.9% Revenue from Other Agencies State Motor Vehicle License Fees 7,368,655 5,186,223 70.4% Police Grants 3,006,219 1,375,773 45.8% Other 2.57~J~ 980~430 38.1% Total Revenue from Other Agencies 12,945,056 7,542,426 58.3% Charges for Current Services Development-related Services 6,699,457 3,311,718 49.4% Other Charges 2.935.767 1.944.1~ Total Charges for Current Services 9,635,224 5,255,824 54.5% Other Revenues Reimbursements from Other Funds 5,489,316 794,039 14.5% Other ~ 1,144:516 Total Other Revenues 6,315,389 1,938,555 30.7% Transfers-In 8,861.106 6.904.850 77.9% TOTAL REVENUES & TRANSFERS-IN $78,649,271 $48,987,666 62.3% Attachment C GENERAL FUND EXPENDITURES Summary by Department Fiscal Year 1999-00 as of March 31, 2000 Amended Expenditures Outstanding Available Percent Department Budget To Date Encumbrances Balance Available City Council 487,558 345,943 1,451 $140,165 28.7% Boards and Commissions 8,825 2,002 178 $6,645 75.3% Community Promotions 298,201 250,315 1,715 $46,171 15.5% City Attorney 1,188,945 782,733 26,410 $379,802 31.9% City Clerk 386,904 276,344 8,876 $101,684 26.3% Administration 2,244,875 1,323,121 132,931 $788,822 35.1% Mgmt & Information Services 1,721,360 1,156,445 105,866 $459,049 26.7% Human Resoumes 2,655,481 1,577,688 82,872 $994,921 37.5% Community Development 1,594,692 1,026,517 31,137 $537,038 33.7% Finance 1,946,761 1,402,430 14,204 $530,128 27.2% Planning and B&H 4,920,979 3,290,120 158,001 $1,472,858 29.9% Non-Departmental 4,340,019 1,056,436 27,133 $3,256,451 75.0% Police 24,954,558 17,017,277 441,087 $7,496,194 30.0% Fire 8,147,521 6,032,827 21,772 $2,092,922 25.7% Public Works 16,919,728 11,350,834 481,438 $5,087,456 30.1% Parks & Recreation 3,111,413 1,843,485 73,201 Library 5,808,091 3,528,510 560,075 $1,719,506 29.6% TOTAL EXPEND. & TRANSFERS OUT $80,735,911 $52,263,026 $2,168,346 $25,109,811 31.1% Attachment D GENERAL FUND REVENUES Summary by Revenue Category Fiscal Year 1999-2000 as of March 31, 2000 AMENDED PROJECTED PROJECTED BU~' ACTUAL VARIANCE Property Taxes $10,235,319 $10,251,319 $16,000 Other Local Taxes Sales 15,660,000 16,700,000 1,040,000 Franchise 2,584,000 4,387,000 1,803,000 Transient Occupancy 1,851,000 1,985,000 134,000 Utility Users 3,630,000 3,563,000 (67,000) Business License 830,000 880,000 50,000 Other ~ 575.000 (50~000) Total Other Local Taxes $25,180,000 $28,090,000 $2,910,000 Licenses & Permits Building, Plumbing, Electrical 2,942,000 3,061,049 119,049 Other 390.900 ~ .~ Total Licenses & Permits $3,332,900 $3,413,706 $80,806 Fines, Forfeitures & Penalties 735,472 889,112 $153,640 Revenue from Use of Money & Property 1,408,805 1,728,416 $319,611 Revenue from Other Agencies State Motor Vehicle License Fees 7,368,655 8,300,000 931,345 Police Grants 3,006,219 2,110,054 (896,165) Other 2.570.1~2, ~ ~14.225) Total Revenue from Other Agencies t2,945,056 12,466,011 ($479,045) Charges for Current Services Development-related Services 6,699,457 7,122,946 423,489 Other Charges 2.935.767 ~ ~ Total Charges for Current Services 9,635,224 9,909,685 $274,461 Other Revenues Reimbursements from Other Funds 5,489,316 5,202,092 (287,224) Other ~ ~ ~3_7.051 Total Other Revenues 6,315,389 6,465,216 $149,827 Transfers-In 8.861.106 ~.J~64.996 $3,890 TOTAL REVENUES & TRANSFERS-IN $78,649,271 $82,078,461 $3,429,190 Schedule D (Cont.) SUMMARY OF VARIANCE ANALYSIS Fiscal Year 1999-2000 as of Mamh 31,2000 Revenues Overall, actual revenues are projected to be greater than budget estimates by $3.4 million. This is primarily due to better than expected revenues in both Sales Taxes ($1,040,000) and Franchise Fees ($1,803,000), which are due to the continued economic growth. The total net fund balance is projected to be positive by approximately $3.4 million as discussed in the narrative section of this report, Property Taxes - Projected revenue $10,251,319, variance $16,000, .2% Chula Vista continues to experience a growth in its property tax base resulting in a positive variance of approximately $16,000. It is anticipated that property taxes will continue to grow along with the cities expansion into the eastern section. Sales Taxes - Projected revenue $16,700,000, variance $1,040,000, 6.6% Sales tax revenues are exceeding budget projections due to an overall improvement in the economy and an expanding retail base. Sales taxes are projected at 11% or $1.6 million greater than in the previous fiscal year. Franchise Taxes, Transient Occupancy Tax, Utility Users Taxes, Business License Tax and Real Property Transfer Tax - Projected revenue $11,390,000, variance $1,870,000, 19.7%. These revenues reflect the continued growth of the economy. The greatest percent increase in this category is projected in the Franchise Fee category which are projected at $1,803,000 or 69.8% more than budgeted due to a $818,000 agreement with Allied Waste, an increase in SDG&E Franchise Fees related to growth and the sale of the Power Plant. Licenses & Permits - Projected revenue $3,413,706 variance $80,806, 2.4% Licenses & Permits revenue is projected to be 2.4% greater than in the previous fiscal year. Increases are projected in development/improvement type permits and licenses. This is a positive reflection of the continued growth in development activities. Schedule D (Cont.) Fines, Forfeitures & Penalties - Projected revenue $889,112, variance $153,640, 20.9% The increase is largely due to an increase in the Negligent Vehicle Impound Fee. In addition, activity related to this fee also has increased as a direct result of the implementation of the STOP program in the Police Department. Revenue from Use of Money & Property - Projected revenue $1,728,416, variance $319,611,22.7%. The variance is largely due to a loan repayment to the general fund and an increase in the rental & leases of buildings. Revenue From Other Agencies - Projected revenue $12,466,011, variance ($479,045), (3.7%). The majority of the revenues in this category are projected to be close to budget with the exception of police grants and Motor Vehicle License Fees. Due to the delay in hiring staff and miscellaneous funded by police grants, the negative variances in this category are expected to be offset by expenditure savings. Motor Vehicle License Fees are projected to exceed the budget amount by more than $900,000 or 12.6% due to the continued economic growth. Charges for Current Services - Projected revenue $9,909,685, variance $274,461,2.8%. This variance involves activity in several accounts. The greater variances are projected in Plan Checking Fees, resulting from increased permit activity. Other Revenues - Projected revenue $6,465,216, variance $149,827, 2.4%. This category includes several significant revenue accounts with the largest variance occurring in the Developer Related Reimbursements. These reimbursements are estimated at a variance of ($287,224) which is essentially breaking even. An increase of $423,489 is projected in miscellaneous revenues, which varies significantly from year to year. Attachment E General Fund Budget Transfers Approved by Administration January 1, 2000 through March 31, 2000 De~3artment Finance From: Salaries $1,300 To: Services & Supplies Purchase of an automatic shredder for internal~external control Public Works From: Services & Supplies $12,000 To: Other Equipment Purchase of sewer lateral camera for inspection of laterals. From: Services & Supplies $18,505 To: Other Equipment Purchase of a root cutting machine. Administration From: Services & Supplies $2,500 To: Salaries Interns needed to implement workplan approved by the City Manager. COUNCIL AGENDA STATEMENT Item // Meeting Date 05~23~00 ITEM TITLE: A PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY ORDINANCE AND A NEW ORDINANCE AMENDING CITY ORDINANCE 2554, AND A RESOLUTION RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA. AN URGENCY ORDINANCE NO. OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY. AN ORDINANCE NO. OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY. A RESOLUTION NO. FINDING THAT THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) CONTINUE TO BE NEEDED FOR THE PURPOSES DETAILED IN THE INDIVIDUAL PFDIF PROGRAM PROJECT COMPONENTS; AND AMENDING THE FY1999-2000 BUDGET APPROPRIATING $249,945 TO THE PFDIF PROGRAM FROM THE GENERAL FUND BASED ON UNANTICIPATED REVENUES FROM AN EXISTING DIF CREDIT; AND ADOPTING THE FIRE STATION MASTER PLAN 1997 UPDATE; AND ADOPTING THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE 1999 UPDATE. (4/5ths Vote: Yes ~ No __) SUBMITTED BY: Assistant City Manager REVIEWED BY: City Manager .~ ~ BACKGROUND: In August 1989, the City established a sedes of initial impact fees for public facilities totaling $1,374 per Equivalent Dwelling Unit (EDU). After a more comprehensive review of the City's capital needs over the next year, City Council established the Public Facilities Development Impact Fee (PFDIF) in 1991consisting of nine (9) general project components and a tenth Administration component to cover the cost of tracking and reporting PFDIFexpenditures. Collectively, these fees for public facilities totaled $2,150. The fee was last reviewed in 1992-93. At that time, only minor adjustments were made, //--/ Page 2, Item Meeting Date 05/23100 pending a more complete review after annexation of the Otay Ranch. This means that for many projects, cost adjustments have not been made since 1990-91. The review, "Development Impact Fee for Public Facilities, 1999 Update" has now been completed and is appended herewith. RECOMMENDATION: That City Council adopt an urgency ordinance amending ordinance 2554 changing various Municipal Code sections to include increasing the total Public Facilities Impact Fees from $2,150 to $2,618, effective for a period of thirty (30) days from the date of adoption; and that City Council place a measure to adopt an ordinance amending ordinance 2554 on its first reading, to take effect and be in full force on the sixtieth (60~) day from and after its second reading and adoption; and that City Council adopt a resolution (1) finding that the Public Facilities Development Impact Fees continue to be needed for the purposes detailed in the individual PFDIF project components and in the overall Cash Flow Analysis and adopting the preliminary timelines and funding sources that are detailed in said documents and (2) amending the FY1999-2000 budget, appropriating $249,945 to the PFDIF Program from the General Fund for reimbursement of various overcharges and (3) adopting the Fire Station Master Plan 1997 Update and (4) adopting the Public Facilities Development Impact Fee 1999 Update. BOARDS AND COMMISSIONS: Presentations were made to the Chula Vista Chamber of Commerce and to the Chula Vista Economic Development Commission. Portions of the Public Facilities Development Impact Fee update have been presented to the Growth Management Oversight Commission, as applicable. Staff answered all questions of these boards and commissions, but did not seek endorsements. DISCUSSION: This discussion represents a bdef recap of more detailed information contained in the Summary Report and Main Report. Public Facilities Development Impact Fee Increase: The original fee structure did not anticipate annexation of the Otay Ranch and did not include finance costs for major PFDIF projects. Overall, projects included in the PFDIF total slightly more than $204 million, 63% of which is the responsibility of the PFDIF program. It is important to emphasize that the impact fee is calculated solely on the PFDIF share. Overall, the PFDIF is proposed to increase from $2,150 per equivalent dwelling unit (EDU) to $2,618 per EDU, an increase of $468. The fee increase, adjusted for financing costs and eamed interest, is broken down as follows: Current Proposed Change Component Fee Fee per EDU Police $235 $735 +$500 Library $544 $638 +$ 94 Fire $141 $203 +$ 62 Administration $ 79 $134 +$ 55 Corp Yard / Animal Shelter $515 $386 -$129 Civic Center $527 $480 -$ 47 GIS, Computer Systems, RMS, Telecommunications $109 $ 42 -$ 67 Totals $2,150 $2,618 +$468 Ii-.J- Page 3, Item Meeting Date 05123100 These increases represent revisions to the ordinance, Municipal Code section 3.50.090(c). Major component changes are highlighted below. Police Facilities & Equipment: The Police component fee is projected to increase from $235 per EDU to $735 per EDU, representing the largest increase of any component. The increase is attributable to the need for a new (or expanded) police facility and the inclusion of projected financing costs, as detailed in the Summary Report. Police staff are currently preparing an RFP for a space needs analysis and design services. Library: The fee for the Library component is projected to increase from $544 per EDU to $638 per EDU. The increase is principally attributable to higher construction costs detailed in the updated Library Master Plan. The Library Master Plan calls for a 30,000 square foot library to be built in the Rancho del Rey development and a 30,000 square foot library to be built in the Otay Ranch development. Planning and design for the new Rancho del Rey facility will begin in FY2000-01. Fire Station Master Plan: The Fire Station Master Plan principally deals with the major capital-related items needed to serve new development. In order to serve the City through build out, staff recommend that City Council adopt the updated the Fire Station Master Plan which recommends expanding the current 6-station network to 9 stations. In addition to planned relocations of two existing stations, two new stations are recommended for the Otay Ranch development and one for the Rolling Hills Ranch development. Administration: The fee for the Administrative Component is proposed to increase from $79 per EDU to $134 per EDU. In the past, funds for administering the PFDIF have been allocated as a general percentage of the overall project costs detailed in the other nine components. This percentage has ranged from 4.05% to 6%. The current, in-depth review of expenditures has established a more dgorous basis for projecting administrative costs. Corporation Yard: The fee is proposed to decrease from $515 to $386 per EDU. This decline resulted from the purchase and remodeling of the former SDG&E yard. Previous fees had been based on the cost for all new construction. Civic Center Expansion: Several possible lower cost options for expansion of the Civic Center Complex have been identified and are reflected in the proposed fee. It is important that a full space needs and design analysis be undertaken for the Civic Center as quickly as possible. This will ensure that the fee for this component can be modified at an early date if needed. Staff are considering the possibility of contracting to have such a study completed in conjunction with the police facility study. Other Proposed Ordinance Changes Public Facilities to be Financed by the Fee: An initial outcome of the 1999 Public Facilities DIF update was a re-titling of the general project components, to reflect current and future goals and objectives. This represents a minor change to the ordinance, Municipal Code section 3.50.030 (c). Page 4, Item Meeting Date 05~23~00 Time to Determine Amount Due: In very limited cimumstances the situation may arise in which a Iow/moderate-income housing development has secured funding based on the then current impact fee but that actual permits will not be pulled until a new fee is in place. Staff therefore recommends a substantive modification to the current ordinance (Municipal Code section 3.50.070), allowing that the City Manager be given the discretion to permit such a development to prepay their PFDIF for up to 500 EDUs. This will help to financially protect the public-purpose project. Developer Construction of Facilities: The City's Municipal Code section 3.50.140 states the conditions under which City Council tenders developer credits or reimbursements against a Developer's Fair Share related to the construction of public facilities. The section does not, however, specify how such credits shall be calculated although an unwritten convention for doing so has existed. Staff recommends an addition to the City's Municipal Code which cladfies a process that has been in place since the Public Facilities DIF was enacted. It represents no substantive change to the actual process. Developer Transfer of Credits: To enable city staff to track the transfer of developer credits between developers, to determine who currently has the credits, and to facilitate more accurate projections when conducting vadous studies related to the PFDIF such as the Cash Flow Analysis, staff recommends adding a new section to the Municipal Code. The new section (3.50.155) would provide the City with timely wdtten notice of such transfers and also specify the limitations associated with the transfer of Iow/moderate- income developer credits. Other Principal Suggestions Included in the PFDIF Report Debt Service: In the near future, the City will be financing major DIF projects. Since development impact fees cannot be bonded, it is the City's General Fund which is the final guarantor that the debt will be repaid. It is imperative that a Citywide cash flow analysis be undertaken of planned debt service, including both DIF and City obligations. Operational Cash Flow Analysis: Over the long term, it remains to be determined if new development will generate sufficient revenue to cover City operating costs. The City needs to be proactive in evaluating complex issues that will affect the long-term fiscal health of the City. A Citywide operational cash flow analysis will be undertaken as part of the General Plan update. PFDIF Reporting and Updates: Prior to the next PFDIF update, staff will meet with the BIA to refine annual reports to facilitate the BIA in its oversight role and to help developers' overall understanding of the program. The PFDIF will be updated on an annual basis, as necessary. PFDIF Adiustments: In order to provide a more precise accounting of which equipment/furnishing purchases were made with City funds and which were made with PFDIF or other developer-related fees, an audit of all such purchases should be made for the period 1989-1997. The next annual PFDIF may be delayed slightly pending completion of the audit. Page 5, Item Meeting Date 05123100 Individual project reviews (see Main Report) detail various overcharges for which the City must credit the PFDIF. These Credits total $249,945 and PFDIF reimbursements will be made by the Finance Department upon adoption of the updated PFDIF. These credits will be reimbursed by the General Fund with $249,945 in revenue received from an existing $718,740 credit owed to the General Fund from the PFDIF, related to the Rancho del Rey Library site acquisition. Civic Center Lon.cl Term Parkin.q: A meaningful reduction in the need for long-term parking at the Civic Center could significantly reduce the cost of the expansion project. Under the Preliminary Concept Plan (see Summary Report), the total cost for parking enhancements is $3,961,791. Staff and developers should assess the desirability of a joint effort to reduce the ratio of automobiles to City employees. Urgency: It is necessary that the City's development impact fee increases for public facilities go into effect immediately in order that all developers of properties in the eastern section of the City pay their fair share of the cost of public facilities improvements relating to the impacts caused by their development. Immediate implementation of this fee increase is necessary due to the current and immediate threat to public safety that will result should there be a shortfall in the amount of money necessary to pay for the various needed public facilities, thereby resulting in a decline in police and fire service levels. The prospect of a shortfall, inadequacy of public safety facilities and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. Fiscal Impact Overall, staff recommends increasing the total Public Facilities Developer Impact Fee by $468, from $2,150 to $2,618 per EDU. This will be the first increase in the total fee since 1990-91. Projects included in the PFDIF total $204,484,387. Sixty-three percent ($129,118,740) is the responsibility of the PFDIF program. Thirty-seven pement of the total project cost ($75,366,647) is the City's share for correcting pre-existing deficits and for joint projects. Approximately 50% of the City share has already been expended. The largest remaining project with a City share is the new police facility. It is important to recognize that substantial portions of the new development share will have to be financed. Current estimates are that the PFDIF's capital-related debt will be nearly $3,000,000 for an extended number of years. It is important to re-emphasize that the City's General Fund will be the final guarantor of that PFDIF debt. ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, 'AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY WHEREAS, the City Council is placing an ordinance on its first reading which will increase the development impact fee to finance public facilities within the City of Chula Vista; and WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that ordinance will not become effective until sixty (60) days after its second reading; and WHEREAS, developments in the City which will impact various public facilities will be applying for building permits during the interim period before the development impact fee increase becomes effective; and WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare, and safety; and WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths vote; and WHEREAS, the current list of public facilities was established in 1990-91 and is now in need of updating; and WHEREAS, the purpose of the PFDIF is to finance and construct public facilities within the City of Chula Vista; and WHEREAS, the current fee does not include financing costs nor does it offset fees for projected interest earnings; and WHEREAS, the single, most costly PFDIF project - a new police facility - had not been previously included in the PFDIF program; and WHEREAS, the last real fee change occurred in 1990-91, pending a complete fee analysis after annexation of the Otay Ranch; and WHEREAS, that complete fee analysis has now been concluded effective April 2000; NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: lin -f SECTION 1: FINDINGS The City Council finds that developers of land within Chula Vista's General Plan area boundary should be required to mitigate the burden created by development through the payment of an impact fee for construction of public facilities within the boundaries of the development and for public facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards; and The City Council finds that the legislative findings and determinations set forth in Ordinance No. 2554 continue to be true and correct and incorporate those findings herein; and The City Council finds, after consideration of the evidence presented to it including the "Development Impact Fee for Public Facilities 1999 Update", that certain amendments to Ordinance No. 2554 are necessary in order to assure that there are sufficient funds available to finance public facilities including police and fire facilities necessary to maintain public safety service levels; and The City Council finds, based on the evidence presented at the meeting, the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of public facilities impact fees on all development in the eastern territories for which building permits have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan; and The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the public facilities. SECTION 2: Finding of Urgency That the City Council of the City of Chula Vista finds that it is necessary that its development impact fee for public facilities go into effect immediately in order that all developers of properties in the eastern section of the City pay their fair share of the cost of public facilities improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety that will result should there be a shortfall in the amount of money necessary to pay for the various public facilities thereby resulting in a decline in police and fire service levels. The City Council finds that the prospect of a shortfall, inadequacy of public safety facilities and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. SECTION 3: That Sections 3.50.030(c), 3.50.070, and 3.50.090(c) of the Chula Vista Municipal Code shall be amended to read as follows: 3.50.030 Public Facilities to be Financed by the Fee. (o) The facilities are as follows: Civic Center Expansion Police Department Facilities and Equipment Corporation Yard Relocation/Expansion Library System Expansion Fire Suppression System Expansion Geographic Information System Computer System Upgrades Telecommunication System Upgrade - Records Management System 3.50.070 Time to Determine Amount Due. The Fee for each Development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit, except that a Developer of a Development Project providing Iow- and/or moderate-income housing in accordance with Section III, Objective 1 of the 1991 Housing Element of the General Plan, may request authorization to prepay the Fee for up to 500 EDUs and said request may be approved at the sole discretion of the City Manager. Upon prepayment, the Developer of said Development Project shall receive EDU credit based on the then current fee. 3.50.090 Amount of Fee. (c) The Fee shall be the following, depending on land use: Land Use Fee Residential $2,618/dwelling unit Commercial/Office $13,090/acre Industrial $13,090/acre Special Land Use $13,090/acre Olympic Training Center $3,273/acre Public Purpose Exempt Non-profit Community Exempt Purpose Facility Special purposeproject $7,854/acre including for-profit day care - SECTION 4: That Section 3.50.140(b) is hereby added to the Chula Vista Municipal Code as follows: 3.50.140 Developer Construction of Facilities. (b) Unless otherwise stated herein, all Developer Credits shall be calculated on a dollar basis and converted into EDUs at the time building permits are pulled, based on the then current Fee. SECTION 5: That Section 3.50.155 is hereby added to the Chula Vista Municipal Code as follows: Sec. 3.50.155 Developer Transfer of Credits A Developer who, in accordance with the provisions of Sections 3.50.140 and 3.50.150, receives credits a,qainst future payments of the Fee for one or more Fee Components may transfer those credits as provided herein to another Developer. (a) The Developer shall provide the City with written notice of such transfer within thirty (30) days. The notice shall provide the followin,q information: · The name of the Developer to whom the credits were transferred: · The dollar value of transferred credits: · The Fee Component(s) a.qainst which the credits will be applied: and · The projected rate, by Fiscal Year, that the credits will be applied, until said credits have been full,/redeemed. (b) Credits ,qranted to a Developer of a Iow-and/or moderate-income proiect in accordance with Section 3.50.70, can only be transferred to another Iow- and/or moderate-income Development Project. SECTION 6: Tim(~ limit for protest and judicial action Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1 ), the ninety day approval period in which parties may protest begins upon the effective date of this ordinance. SECTION 7: Expiration of this ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 8: Effective Date This Ordinance shall become effective immediately upon four-fifths vote. Presented by Approved as to form by George Krempl ,2 9~-~/M. Kaheny Assistant City Manager City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VlSTA'S GENERAL PLAN AREA BOUNDARY WHEREAS, in January 1991, the City Council of the City of Chula Vista adopted Ordinance No. 2432, establishing a development impact fee for public facilities (PFDIF); and WHEREAS, Ordinance No. 2432 was amended by Ordinance No. 2320 and both were superceded by Ordinance No. 2554; and WHEREAS, the current list of public facilities was established in 1990-91 and is now in need of updating; and WHEREAS, the purpose of the PFDIF is to finance and construct public facilities within the City of Chula Vista; and WHEREAS, the impact fee is solely based upon that portion of project costs which are attributable to new development; and WHEREAS, development is considered to take place in accordance with the Phasing Plan established by the City's Planning Department which is subject to change depending on actual development phasing; and .WHEREAS, for the purposes of assigning benefit and apportioning fees, a common Equivalent Dwelling Unit (EDU) factor is used; and WHEREAS, in very limited circumstances, developers of Iow/moderate- income housing may need to prepay their impact fee for up to 500 EDUs, in order to financially protect the public-purpose project; and WHEREAS, the current fee does not include financing costs nor does it offset fees for projected interest earnings; and WHEREAS, the single, most costly PFDIF project - a new police facility - had not been previously included in the PFDIF program; and WHEREAS, the Fast real fee change occurred in 1990-91, pending a complete fee analysis after annexation of the Otay Ranch; and WHEREAS, that complete fee analysis has now been concluded effective April 2000; NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: FINDINGS The City Council finds that developers of land within Chula Vista's General Plan area boundary should be required to mitigate the burden created by development through the payment of an impact fee for construction of public facilities within the boundaries of the development and for public facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards; and The City Council finds that the legislative findings and determinations set forth in Ordinance No. 2554 continue to be true and correct and incorporate those findings herein; and The City Council finds, after consideration of the evidence presented to it including the "Development Impact Fee for Public Facilities 1999 Update", that certain amendments to Ordinance No. 2554 are necessary in order to assure that there are sufficient funds available to finance public facilities including police and fire facilities necessary to maintain public safety service levels; and The City Council finds, based on the evidence presented at the meeting, the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of public facilities impact fees on all development in the eastern territories for which building permits have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan; and The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the public facilities. SECTION 2: That Sections 3.50.030(c), 3.50.070, and 3.50.090(c) of the Chula Vista Municipal Code are hereby amended to read as follows: 3.50,30 Public Facilities to be Financed by the Fee. (c) The facilities are as follows: Civic Center Expansion Police Department Facilities and Equipment Corporation Yard Relocation/Expansion - Library System Expansion - Fire Suppression System Expansion - Geographic Information System - Computer System Upgrades Telecommunication .System Upgrade Records Management System 3.50.070 Time to Determine Amount Due. The Fee for each Development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit, except that a Developer of a Development Project providin,q Iow- and/or moderate-income housin,q in accordance with Section III, Obiective 1 of the 1991 Housin,q Element of the General Plan, may request authorization to prepay the Fee for up to 500 EDUs and said request may be approved at the sole discretion of the City Mana,qer. Upon prepayment, the Developer of said Development Proiect shall receive EDU credit based on the then current fee. 3.50.090 Amount of Fee. (c) The Fee shall be the following, depending on land use: Land Use Fee Residential $21618/dwelling unit Commercial/Office $13,090/acre Industrial $13,090/acre Special Land Use $13,090/acre Olympic Training Center $31273/acre Public Purpose Exempt Non-profit Community Exempt Purpose Facility Special Purpose Project, $7,854/acre including For-Profit Day Care SECTION 3: That Section 3.50.140(b) is hereby added to the Chula Vista Municipal Code as follows: 3.50.140 Developer Construction of Facilities. (b) Unless otherwise stated herein, all Developer Credits shall be calculated on a dollar basis and converted into EDUs at the time building permits are pulled, based on the then current Fee. SECTION 4: That Section 3.50.155 is hereby added to the Chula Vista Municipal Code as follows: Sec. 3.50.1 $$ Developer Transfer of Credits A Developer who, in accordance with the previsions of Sections 3.50.140 and 3.50.150, receives credits a.qainst future payments of the Fee for one or more Fee Components may transfer those credits as provided herein to another Developer. (a) The Developer shall provide the City with written notice of such transfer within thirty (30) days. The notice shall provide the following information: · The name of the Developer to whom the credits were transferred: · The dollar value of transferred credits: · The Fee Component(s) against which the credits will be applied: and · The projected rate, by Fiscal Year, that the credits will be applied, until said credits have been fully redeemed. (b) Credits granted to a Developer of a Iow-and/or moderate-income project in accordance with Section 3.50.70, can only be transferred to another Iow- and/or moderate-income Development Project. SECTION 5: Time limit for pretest and judicial action Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period in which parties may protest begins upon the effective date of this ordinance. SECTION 6: This ordinance shall take effect and be in full force on the sixtieth day from and after its second reading and adoption. Presented by Approved as to form by George Krempl /2J~n M. Kaheny Assistant City Manager City Attorney RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES CONTINUE TO BE NEEDED FOR THE PURPOSES DETAILED IN THE INDIVIDUAL PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) PROGRAM PROJECT COMPONENTS, AND AMENDING THE FY1999-2000 BUDGET APPROPRIATING $249,945 TO THE PFDIF PROGRAM FROM THE GENERAL FUND BASED ON UNANTICIPATED REVENUES FROM AN EXISTING DIF CREDIT, AND ADOPTING THE FIRE STATION MASTER PLAN 1997 UPDATE, AND ADOPTING THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE 1999 UPDATE. WHEREAS, the City of Chula Vista is required to make a finding of continued need if a Public Facilities Development Impact Fee (PFDIF) remains unexpended or uncommitted after five years; and WHEREAS, the 1999-2030 expenditure plans detailed in each PFDIF component and summarized in the overall cash-flow analysis serve the purpose of identifying the planned use of all PFDIF funds and committing those funds which will not be expended within the next five years; and WHEREAS, $249,945 in reimbursements, based on unanticipated revenues from an existing DIF credit, will be made to the PFDIF by the Finance Department for various overcharges for which the City must credit the PFDIF; and WHEREAS, the updated Fire Station Master Plan principally deals with the major capital-related items needed to serve new development; specifically, expansion of the current 6-station network to 9 stations to serve the Otay Ranch development and the Rolling Hills Ranch development; and WHEREAS, existing agreements call for developers to advance the full cost of fire station projects beyond what would be their "fair share" and therefore staff should meet with the developers of Rancho del Rey, Sunbow-II, Rolling Hills Ranch and Eastlake to revise those agreements for fire station construction in their project areas; and WHEREAS, the City of Chula Vista General Fund is the final guarantor that financing debt on major Development Impact Fee projects will be repaid and that it is therefore imperative that a Citywide cash flow analysis be undertaken of planned debt service; and WHEREAS, it remains to be determined if new development will generate sufficient revenue to cover City operating costs and thus a comprehensive / Citywide economic strategic plan will be undertaken as part of the General Plan; and WHEREAS, to facilitate the BIA in its oversight role and to help developers' overall understanding of the program, staff will meet with BIA to refine annual reports and the PFDIF will be updated on an annual basis, as necessary; and WHEREAS, in order to provide a more precise accounting of which equipment/furnishing purchases were made with City funds and which were made with PFDIF or other developer-related fees, an audit of all such purchases should be made for the period 1989-1997; and WHEREAS, a meaningful reduction in the need for long-term parking at the Civic Center could significantly reduce the cost of the expansion project and therefore staff and developers should jointly assess the desirability of reducing the ratio of automobiles to City employees, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Resolution finding that the Public Facilities Development Impact Fees continue to be needed for the purposes detailed in the individual PFDIF Program project components. BE IT FURTHER RESOLVED the City Council does hereby amend the Fiscal Year 1999-2000 budget appropriating $249,945 to the Public Facilities Development Impact Fee program from the General Fund based on unanticipated revenues from an existing DIF credit. BE IT FURTHER RESOLVED the City Council does hereby adopt the Fire Station Master Plan 1997 Update. BE IT FURTHER RESOLVED the City Council does hereby adopt the Public Facilities Development Impact Fee 1999 Update. Presented by Approved as to Form By George Krempl L/(J{~)hn M. Kaheny Assistant City Manager City Attorney COUNCIL AGENDA STATEMENT Item_/__~ Meeting Date 05/23/2000 ITEM TITLE: Resolution Approving First Amendment to the Agreement between RNL Design and the City of Chula Vista for preparation of Corporation Yard Construction Drawings. SUBMI'I"I'ED BY: Director Of Public Works J~X REVIEWED BY: City Manager ~,,~ (4/Sths Vote: Yes No X ) At the City Council Meeting of October 19, 1999, City Council approved an agreement with RNL Design for the preparation of Construction Drawings for the new Corporation Yard. Since the original Agreement was prepared, additional activit les have been added to the functions moving to the new facility. This has required additional work on the part of the Design team. RECOMMENDATION: That Council adopt the Resolution approving the First Amendment to the Agreement between RNL Design and the City. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: Since the preparation of the original Agreement between RNL and the City, staff decided that Building Inspection, Building Plans Examiners, and Engineering Advance Planning should move to the new Corporation Yard. This required the addition of 11,200 Square Feet to the Administration Building. Additionally, it was decided to include the Communications Shop in the Maintenance Building and a Household Hazardous Waste public drop-off area was added. In order to ensure that the construction schedule was not delayed, staff instructed RNL to proceed with the work. In January, RNL prepared the attached letter which outlines the additional work. Staff delayed coming to City Council until we were sure no additional work would be required. The work has been completed and RNL will soon be billing the City for this work. In addition to the above, the Project Manager from RNL will make a presentation to City Council on the proposed improvements to the former SDGE site and show Council proposed elevations of the buildings. Planning staff and the design team have been working on the appearance of the buildings and will soon be going to the Design Review Committee for approval. We will incorporate any desired changes by Council into that presentation and make final changes before going out to bid for construction of the facility. Page 2, Item___ Meeting Date 05/25/2000 FISCAL IMPACT: The total cost for the additional work is $162,770. Money is appropriated and available in the CIP Project GG-131 for this expenditure. As Council has been previously informed, staff is developing a financing plan for the Corporation Yard project utilizing various funding sources such as transit, DIF, etc. The Corporation Yard financing will be for construction costs and additional equipment (for example, lowboys to transport backhoes) costs as needed. The final Construction Estimate should be ready within a few weeks. The financing plan will be presented for approval when the bid for construction is brought forward for award. ATTACHMENTS: Letter from RNL dated January 6, 2000. H:\SHARED\Public Works Operations\A-113 First amendment to Agreement REV,doc File #: 0910-30-E RECEIVED CITY OF CHUL~,,~,!~J~, O0 JAN II PUBLIC WORKS/OPERATIONS I~ January 6, 2000 ~'~: ~ .,~.:., . Mr. Dave Byers, Deputy Director ~.,,,,'~ City of Chula Vista Public Works Department, Operations Division :. 707 "F" Street Chula Vista, CA 91910 ' .. Re: City of Chula Vista Corporation Yard Proposal for Additional Services ~ '; 6040-8612.02 Dear Dave: This lener of proposal is for work being provided by RNL Design which is beyond the scope of the approved Schematic Design for this project and that of our agreement of October 19, 1999 to provide Construction Documents and Construction Phase Services for the new Corporation Yard. These Additional Services includes an expansion of the Administration Building of approximately 11,200 SF, adding the Communications Shop of approximately 4,300 SF to the Maintenance Boilding, and site modifications for Household Hazardous Waste public drop-offareas on the north-east portion of the property. The Administration Building expansion will be seismically separated from the existing building, so that a complete seismic retrofit of the existing building will not be required by code. Based on your direction, we have commenced work on these additional services. The work includes additional design and construction documentation, bidding and construction administration services to be provided by RNL Design and our consultants. Other services include additional geotechnical investigation for the Administration Building additions, site survey services to reconcile SDG&E "AS-BUILT" plans with topographical drawings provided by the City, and an additional cost estimate at the 60% Construction Documents phase. The following is a breakdown of the fee and expenses for these services: RNL Design Labor (616 hours) $ 63,130 Consultants $ 96,640 Geotechnical $ 4,200 Survey $ 1,800 Structural $38,800 Mechanical/Electrical/Plumbing $41,340 Cost Estimating $10,500 Expenses $ 3.000 Total Fee $162,770 Please don't hesitate to give me a call with any questions or comments you may have. Advise me if we may assist in preparation of the modification to our agreement for these services. s:ciate'Priiiipal y' AI 8612/02/^greements/Add Scrv Prop 010600.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE AGREEMENT BETWEEN RNL DESIGN AND THE CITY OF CHULA VISTA FOR PREPARATION OF CORPORATION YARD CONSTRUCTION DRAWINGS WHEREAS, the City Council, at its meeting of October 19, 1999, approved an Agreement with RNL Design for the preparation of Construction Drawings for the new Corporation Yard; and WHEREAS, since the original Agreement was prepared, staff decided that Building Inspection, Building Plans Examiners, and Engineering Advance Planning should move to the new Corporation Yard thereby requiring the addition of 11,200 square feet to the Administration Building; and WHEREAS, in addition, it was decided to include the Communications Shop in the Maintenance Building and a Household Hazardous Waste public drop-off area; and WHEREAS, in order to ensure that the construction schedule was not delayed, staff instructed RNL to proceed with the additional work in accordance with their January 6, 2000 letter. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a First Amendment to the Agreement between RNL Design and the City of Chula Vista, on the terms presented in a form approved by the City Attorney, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Amendment on behalf of the City. Presented by Approved as to form by John P. Lippitt . Jo,];~,.Kaheny (/ ~ ( I '~ [[ H:/H OM E~Attorney\RE$OS/RN L First Amendment (May 1§, 2000 (8:48am)] To: The Honorable City Council Mayor Shirley Horton ~'~ From: Subject: Renaming of Halecrest Park to Gayle L. McCandliss Park As you may know, former Mayor McCandliss was first appointed to the City Council to replace Councilmember Egdahl in July 1979. She then served consecutive terms until she was elected Mayor in November 1990. Unfortunately, Gayle was never able to serve out her term, dying of cancer on January 17, 1991. Mayor, Gayle L. McCandliss was dedicated to the City of Chula Vista and to serving her community. Recommendation: That the City Council: Approve the renaming of Halecrest Park to Gayle L. McCandliss Park and appropriate $25,000 from the available fund balance to fund the necessary modifications to the Park. In previous actions the City Council approved funding for a memorial grove to honor Gayle as a part of Halecrest Park. Although a portion of the Grove was completed, it was part of a bigger capital project that has not been completed. It is my recommendation that the City Council correct this situation and take immediate action to honor Gayle's service and rename Halecrest Park to Gayle L. McCandliss Park. Based on the program outlined below it is estimated that funding in an amount not to exceed $27,000 will be required for the construction of a monument sign and the purchase of additional trees and benches to be added to the existing park. The specific proposal includes the following: PROPOSAL FOR IMMEDIATE ENHANCEMENTS FOR HALECREST PARK [] Install a new park entry monument signage with accent planting at the southeast comer of the park access drive and two concrete benches to be placed in the park. The proposed monument sign will include the new park name and City logo. The cost of the monument sign and benches is estimated at approximately $6,000. A Contractor will construct the monument sign. City Public Works Operations staff will install the accent planting and irrigation renovations for the area around the new monument sign. n The addition of approximately six new trees (24" box minimum) to the existing park trees to enhance the park's overall "Memorial Grove" concept. These trees would be planted in the shrub area adjacent to the Halecrest Elementary School playfield area fence to provide a shade canopy while allowing the western edge of the park to remain open to the panoramic views. The proposed tree planting area will be enhanced by the removal of existing large shrubs that are at the end of their life expectancy. The six new trees are estimated at a cost not to exceed $8,000 based on the acquisition of mature trees - 48-inch box. The removal of the existing vegetation and the planting of the new trees will be completed by the City's Public Works Operations Staff. [] It is estimated that staff and equipment charges would not exceed $13,000. Fiscal Impact: Staffhas sufficient funds available in the fund balance to complete the project in an amount not to exceed $27,000. The appropriated funds will be transferred to Account PR 179/23091790. This is an existing project account that was established to fund the Memorial Grove. No fimds currently exist in this account.