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HomeMy WebLinkAboutAgenda Packet 2000/09/26 CITY COUNCIL AGENDA September 26, 2000 ~r 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'IY OF CHUIA VISIA 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 SEPTEMBER 26, 2000 I declare undar penalty or perjury that 111III employed by the CIty of QUe VIeta In the OffiCe or the CIty CIeIk _ .... pili" thlI document on thebLllllktbll ~~v: Q?M 8r~=-"" A ... . DaWdt./ r. ..... .. thli to :00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATH OF OFFICE: RESOURCE CONSERVATION COMMISSION - PAMELA BENSOUSSAN · PRESENTATION BY FIREFIGHTER GARY BRETON ON THE SEQUOIA NATIONAL FOREST FIRE CONSENT CALENDAR (Items I through 9) 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. I. APPROVAL OF MINUTES - July II, 2000 through September 16, 2000. Staff recommendation: The minutes be approved. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on September 12, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter ofresignation from John T. Cochran, member of the Parks and Recreation Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to Maddy Act regulations. C. Letter from Hailey McKinney, Chula Vista High School Band Council President, requesting a waiver of fees associated with police assistance, including organization, security and traffic control along the route of their annual Band Review on November 11, 2000. Last year, the band review took place on Fourth Avenue between 'T' and "K" Streets. Another possibility being considered this year is on Broadway between 'T' and "K" Streets. Staff recommendation: Staff return with a report and resolution for Council action in the next few weeks, prior to the event. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS 19.14.581, 19.14.582, 19.14.583, 19.14.584, AND 19.14.587 OF THE MUNICIPAL CODE, AND ADDING SECTION 19.14.591 TO THE MUNICIPAL CODE REGARDING DESIGN REVIEW COMMITTEE MEMBERSHIP, SCOPE OF RESPONSIBILITIES, AND PROCEDURES (2ND READING AND ADOPTION) On June 13, 2000 Council directed staff to process amendments to the Zoning Ordinance, addressing the design review process. Staff has prepared the requested Code amendments and is now bringing the modified zoning language forward for review and approval. The modified Code language addresses Design Review Committee membership, scope of responsibilities and procedures. All proposed amendments have been written to carry out the Council's intent of further improving the design review process. This ordinance had its first reading on 9/12/2000. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG THE TRANSPORTATION DEVELOPMENT IMPACT FEE ORDINANCE, MUNICIPAL CODE SECTION 3.54.040.C.4, TO PERMIT THE COMBINING OF CONSTRUCTION OF A TRANSPORTATION FACILITY PROJECT WITH OTHER DEVELOPMENT-RELATED WORK AND AWARDiNG ONE CONTRACT FOR THE COMBiNED WORK BASED ON A CLEARLY IDENTIFIED PROCESS FOR DETERMiNiNG THE LOW BIDDER Some of the local developers have requested that they be permitted to combine the work of a Transportation Development Impact Fee (TDIF) project with related subdivision work in order to obtain the best prices on contract work that is interrelated. Currently, the TD1F ordinance does not permit the combining of work where the contract for the TDIF work may not be awarded to the lowest bidder. In order to allow that objective, an amendment to the TDIF ordinance is required. (Director of Public Works) Staff recommendation: Council place the ordinance on first reading. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE CHANGE ORDER FOR THE OTAY RECREATION CENTER (PR-133) PROJECT AND AUTHORIZiNG THE CITY MANAGER AND THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY Page 2 - Council Agenda 09/26/2000 On December 15, 1998, Council awarded the contract for the Otay Recreation Center project (PR-133) to C & S Doctor, Inc., San Diego. During the construction of the Otay Recreation Center, the City Manager and the Director of Public Works approved a total cost of $137,140 in change orders for the completion of the project. City Staff initiated the largest portions of the change orders in order to upgrade some of the materials. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND RATIFYING A REVISION TO THE LEVY OF THE SPECIAL TAX FOR FISCAL YEAR 2000/2001 FOR COMMUNITY FACILITIES DISTRICT 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) On August 1, 2000, Council approved Resolution No. 2000-265, which authorized the levy of special taxes for Community Facilities District (CFD) Nos. 97-1, 97-2, 97-3, 98- 1, 98-3 and 99-1 for Fiscal Year 2000-2001. An emergency revision to the special tax levy for CFD 99-1 was required during the week of August 7. Due to the County's deadlines for filing the levy for the Fiscal Year 2000-2001 tax roll, the revised special tax levy for CFD 99-1 needed to be submitted to the County prior to a subsequent Council meeting. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG BIDS AND AWARD1NG CONTRACT FOR THE PAVEMENT REHABILITATION PROGRAM/SLURRY SEAL-PROJECT (STL-252) FOR FISCAL YEAR 1999/2000 On August 23, 2000, the Director of Public Works received sealed bids for the pavement rehabilitation program - slurry seal project (STL-252). The work to be done consists of application of rubberized emulsion aggregate slurry, crack sealing, and other miscellaneous work on various City streets. (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG BIDS AND AWARDING CONTRACT FOR THE TELEGRAPH CANYON CREEK MITIGATION PLAN PROJECT (DR-118B) IN THE OTAY RiVER IN SAN DIEGO, CALIFORNIA On July 26, 2000, the Director of Public Works received sealed bids for the Telegraph Canyon Creek mitigation plan project (DR-118B). The work to be done involves removing soil from the remediation area and either removing it from the site or disposing of it in the approved on-site disposal area. The remediation area will be replanted and maintained. The work generally includes cleating and grubbing, excavation, planting, hydro-seeding, willow and mulefat cuttings in the Otay River in San Diego. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda 09/26/2000 9 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG, CONSULTANT; AND MCMILL1N OTAY RANCH, LLC FOR LAND USE CONSULTING SERVICES RELATED TO THE PREPARATION OF A PUBLIC FACILITIES FINANCE PLAN FOR THE OTAY RANCH VILLAGE SIX, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG, CONSULTANT; AND BROOKFIELD SHEA OTAY, LLC FOR LAND USE CONSULTING SERVICES RELATED TO THE PREPARATION OF A PUBLIC FACILITIES FINANCE PLAN FOR THE OTAY RANCH VILLAGE ELEVEN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The McMillin Companies has submitted a Sectional Planning Area (SPA) Plan for Village Six of the Otay Ranch for review and approval. In addition, Brookfield Shea Otay, the new owners of Village Eleven have also submitted a SPA Plan for this village. The Otay Ranch General Development Plan and the City's growth management ordinance require the preparation of a Public Facilities Finance Plan (PFFP) with each SPA in order to evaluate the project under the City's growth management threshold standards. After a competitive bidding process, the selection committee is recommending that the finn of Burkett and Wong be retained to prepare the PFFP for Villages Six and Eleven. (Director of Planning and Building) Staff recommendation: Council adopt the resolutions. 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 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. 10. CONSIDERATION OF THE ENACTMENT OF AN ORDINANCE REGARDING DEPOSITS FOR PUBLIC STREET TREES IN SUBDIVISIONS IN WHICH THE COMPLETION OF FULL PARKWAY LANDSCAPE iMPROVEMENTS IS GUARANTEED BY SUFFICIENT SURETY Page 4 - Council Agenda 09/26/2000 Section 18.28.010 of the Chula Vista Municipal Code requires a subdivider to deposit a fee for each lot on which a street tree has not been installed at the time of acceptance of public improvements. Staff has determined that the deposit of said fee is duplicative, and it is not required in subdivisions in which the full parkway landscape improvements have not been completed but have been guaranteed by sufficient surety. The proposed ordinance amendment would allow the acceptance of public improvements prior to the completion of full parkway landscape improvements that have been guaranteed by surety, without the deposit of a fee for each lot on which a public street tree has not been installed. (Director of Public Works) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 18.28 OF THE CHULA VISTA MUNICIPAL CODE REGARDING DEPOSITS FOR PUBLIC STREET TREES IN SUBDIVISIONS IN WHICH THE COMPLETION OF FULL PARKWAY LANDSCAPE IMPROVEMENTS IS GUARANTEED BY SUFFICIENT SURETY 11. CONSIDERATION OF MODIFYING THE CITY GAMING PLAN PURSUANT TO CHAPTER 5.20 OF THE MUNICIPAL CODE TO REDUCE THE NUMBER OF CARDROOM LICENSES AND ALLOW FOR CHANGES TO HOURS OF OPERATION, TYPES OF GAMES PLAYED, BET LIMITS, SERVICE OF ALCOHOL, LICENSE FEES, EMPLOYEE SCREENING AND IDENTIFICATION, PATRON SAFETY AND SECURITY, AND CRIME REPORTING REQUIREMENTS Over the past decade, Council has reviewed the gaming issues in our community on five occasions. On February 20, 1996, Council approved a gaming plan, which made changes to the City's previous gaming ordinance. The 1996 modifications allowed for local control of this issue as allowed by State legislation. The gaming plan established rules regarding cardroom operations, such as fee structure, hours of operation, types of games allowed, and quantified the types of licenses allowed. In January 1998, a request was made of the City Council for additional changes to the gaming plan, which primarily surrounded the consolidation of all four existing licenses into one 24-hour cardroom operation, and enhancement of the security element. Council reviewed and subsequently denied that request but did add the security element as proposed. The changes outlined in the gaming plan allow City staff to more effectively inspect and regulate the cardroom operation. (City Manager, City Attorney, Chief of Police) Staff recommendation: Council conduct the public heating and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE CHULA VISTA GAMING PLAN PURSUANT TO CHAPTER 5.20 OF THE MUNICIPAL CODE AND APPROVING THE TRANSFER, RELINQUISHMENT AND TERMINATION OF TWO OF THE FOUR EXISTING CARDROOM LICENSES Page 5 - Council Agenda 09/26/2000 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 ADOPTION OF RESOLUTIONS A) RATIFYiNG THE REJECTION AND RE-BID OF CERTAIN BIDS FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD; B) REJECTiNG NON-RESPONSIVE BIDS AND AWARDING CONTRACTS FOR THIS PROJECT; AND C) MODIFYiNG COUNCIL POLICY, GIVING THE CITY MANAGER APPROVAL AUTHORITY AT HIGHER FINANCIAL LEVELS ON CHANGE ORDERS On July 18, 2000, Council approved Resolution 2000-245, approving an agreement with Highland Partnership, Inc., for the provision of Construction Manager/Constructor services required for the construction of the Corporation Yard project. On August 15, 2000, Council approved Resolution 2000-297, appropriating $23,951,213 in additional project funds and approximately $13,400,000 for borrowing costs on the new Corporation Yard project. Approval of the first resolution will ratify the rejection and re- bid of all the bids listed on Exhibit "B", on file in the Office of the City Clerk. Approval of the second resolution will accept the bids, award all the contracts as indicated on Exhibit "A", on file in the Office of the City Clerk, and authorize the expenditure of funds. Approval of the third resolution will give the City Manager approval authority at higher financial levels on change orders for this project. (Director of Public Works) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE REJECTION AND RE-BID OF ALL THE BIDS LISTED ON EXHiBIT "B" OF THE AGENDA STATEMENT FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTiNG NON-RESPONSiVE BIDS AND ACCEPTiNG THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS AS iNDICATED ON EXHIBIT "A" OF THE AGENDA STATEMENT, FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZiNG THE EXPENDITURE OF FUNDS, AND AUTHORIZiNG THE CITY MANAGER TO EXECUTE SAID CONTRACTS C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYiNG COUNCIL POLICY NUMBER 574-01 TO PROVIDE THE CITY MANAGER WITH APPROVAL AUTHORITY AT HIGHER FiNANCIAL LEVELS ON CHANGE ORDERS FOR THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD Page 6 - Council Agenda 09/26/2000 13. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZiNG THE APPROPRIATION OF $150,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO CONTRACTUALLY ENGAGE THE PROFESSIONAL CONSULTANT SERVICES NECESSARY TO EVALUATE CITY OPTIONS TO REDUCE REGIONAL ENERGY COSTS AND ENHANCE ENERGY SYSTEM RELIABILITY (4/STHS VOTE REQUIRED) On August 22, 2000, the Council/Agency directed staff to investigate options the City could pursue to assist the community and better position the City to effectively deal with the volatility and uncertainty of the energy market. The report informs Council of general information learned to date and establishes a framework within which a range of strategies will be analyzed over the next few months toward the goal of an overall energy strategy for addressing both short-term and long-term market and system reliability concerns. (Director o f Community Development) Staff recommendation: Council adopt the following resolution appropriating $150,000 from the general fund in order to: 1) Evaluate the identified strategies outlined in the report and contractually engage appropriate financial, legal and industry consultants as deemed necessary by the City Manager up to the maximum authority of $50,000 per consultant; and 2) Provide a report with a recommended course of action on or before the meeting of December 19, 2000. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $150,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND CONTRACTUALLY ENGAGiNG APPROPRIATE PROFESSIONAL CONSULTANT SERVICES TO EVALUATE CITY OPTIONS TO REDUCE REGIONAL ENERGY SYSTEM RELIABILITY ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings. 15. MAYOR'S REPORTS A. Ratification of appointment to the Growth Management Oversight Commission (Center City) Michael Spethman. 16. COUNCIL COMMENTS A. Councilmember Davis: Report on the Police Officers Seminar held in Sacramento on September 15, 2000. Page 7 - Cotmcil Agenda 09/26/2000 CLOSED SESSION 17. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case 18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Approximately seven acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course Negotiating Parties: City of Chula Vista (Chris Salomone/Sid Morris), C.W. Clark and American Golf Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property ADJOURNMENT to an Adjourned Regular Meeting on September 28, 2000 in the Council Conference Room; and thence to the Regular Meeting of October 3, 2000, at 4:00 p.m. in the Council Chambers. Page 8 - Council Agenda 09/26/2000 CHI JlA VI~A September 21, 2000 TO: The Honorable Mayor and City Council FROM: David D. Rowlands, Jr., City Manager ~,~, SUBJECT: Council Meeting of September 26, 2000 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, September 26, 2000. Comments regarding the Written Communications are as follows: 2A. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on September 12, 2000, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 2B. This is a letter from John T. Cochran resigning from the Parks and Recreation Commission. IT IS RECOMMENDED THAT THIS LETTER BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT. 2C. This is a letter from Hailey McKinney, Chula Vista High School Band Council President, requesting a waiver of fees associated with police assistance, including organization, security and traffic control, along the route of their annual Band Review on November 11,2000. Last year the band review took place on Fourth Avenue between "1" and "K" Streets. Another possibility being considered this year is Broadway between 'T' and "K" Streets. Staff supports the fee waiver but also needs to address a number of other logistical issues having to do with the route, traffic and security. For these reasons, IT IS RECOMMENDED THAT STAFF RETURN WITH A REPORT AND RESOLUTION FOR COUNCIL ACTION, IN THE NEXT COUPLE OF WEEKS PRIOR TO THE EVENT. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JULY 11,2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. (Councilmember Padilla arrived at 6:05 p.m.) ABSENT: Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF PROCLAMATIONS TO THE EMPLOYEES OF THE MONTH, JERRY QUIJENCIO, COMPUTER PROGRAMMER/ANALYST, AND DARRELL BOGGESS, COMPUTER PROGRAMMER/ANALYST, IN THE MANAGEMENT AND INFORMATION SERVICES DEPARTMENT Director of Management and Information Systems Vignapiano introduced the Department's employees of the year, Jerry Quijencio and Darrell Boggess. He commended them particularly for their participation in the conversion to the City's Integrated Financial Automated System (IFAS) and in achieving Y2K compliance. Mayor Horton presented the proclamations to them. . OATH OF OFFICE: ECONOMIC DEVELOPMENT COMMISSION - DANIEL MUNOZ City Clerk Bigelow administered the oath of office to Mr. Munoz, and Deputy Mayor Moot presented a certificate of appointment to him. . PRESENTATION OF A PROCLAMATION COMMENDING THE CHULA VISTA FIRE DEPARTMENT SOFTBALL TEAM UPON THEIR WIN OF THE CALIFORNIA FIREFIGHTER OLYMPICS Mayor Horton read the proclamation and presented it to the Fire Department softball team, congratulating them on their win. . PRESENTATION TO THE CITY OF CHULA VISTA FROM TOM ARNOLD, DIRECTOR OF CALIFORNIA VETERANS' HOME - CHULA VISTA Tom Arnold, Veteran's Home Director, thanked Council and City staff for their support of the Veteran's Home dedication and presented the plaque to Mayor Horton. Page 1 - Council Minutes 07/11/2000 CONSENT CALENDAR (Items I through 7) I. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on June 20, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed B. Memo from the Mayor's Office reporting a verbal resignation from Dr. Robert Fisher, member ofthe Resource Conservation Commission. Staff recommendation: The resignation be accepted with regret, and the City Clerk be directed to post the vacancy immediately according to Maddy Act requirements. 2. ORDINANCE NO. 2811, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 35 MPH SPEED LIMIT ON LANE AVENUE BETWEEN OTAY LAKES ROAD AND MACKENZIE CREEK ROAD, AND ESTABLISHING A 40 MPH SPEED LIMIT ON LANE AVENUE BETWEEN MACKENZIE CREEK ROAD AND PROCTOR V ALLEY ROAD AND ADDING THESE ROADWAY SEGMENTS TO SCHEDULE X OF A REGISTER AS MAINTAINED BY THE OFFICE OF THE CITY ENGINEER (2ND READING AND ADOPTION) Based on the provisions of Chapter 7, Article I of the California Vehicle Code, and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that, in the interest of minimizing traffic hazards and traffic congestion and for the promotion of public safety, the speed limit on Lane Avenue between Otay Lakes Road and Mackenzie Creek Road be established at 35 MPH, and the speed limit on Lane Avenue between Mackenzie Creek Road and Proctor Valley Road be established at 40 MPH. These speed limits will be added to Schedule X of the register maintained in the Office ofthe City Engineer. (Director of Public Works) Staff recommendation: The ordinance be placed on second reading for adoption. 3. ORDINANCE NO. 2812, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN - PLANNED COMMUNITY DISTRICTS REGULATIONS, LAND USE DISTRICT MAP TO CHANGE THE LAND USE DESIGNATION OF 2.3 ACRES AT THE NORTHEAST CORNER OF EAST PALOMAR STREET AND MEDICAL CENTER DRIVE FROM RESIDENTIAL CONDOMINIUM TO VILLAGE CENTER (2ND READING AND ADOPTION) Page 2 - Council Minutes 07/11/2000 CONSENT CALENDAR (Continued) Kitchell Development Company submitted an application to amend the Sunbow II Sectional Planning Area Plan Planned Community District Regulations in order to change the land use designation of 2.3 acres at the northeast comer of Medical Center Drive and East Palomar Street from Residential Condominium to Village Center. The applicant also requested an amendment to the Sunbow II Village Center Design Guidelines to change the adopted "Main Street" Pedestrian Village commercial center design concept to a more contemporary neighborhood commercial center. (Director of Planning and Building) Staff recommendation: The ordinance be placed on second reading for adoption. 4 A. RESOLUTION NO. 2000-231, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000, FOR THE PURPOSE OF FILLING COUNCIL SEAT NUMBER 3 AND SUBMITTING CERTAIN CHARTER AMENDMENT(S) TO THE PEOPLE OF SAID CITY, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS B. RESOLUTION NO. 2000-232, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2000 The purpose of the November 7, 2000 Special Municipal Election is to select a Member of the City Council to fill Seat 3 for a full term consisting of four years, commencing December 2000; and to submit certain Charter Amendment(s) to the people. (City Clerk) Staff recommendation: Council adopt the resolutions. 5 A. EMERGENCY ORDINANCE NO. 2813-A, AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF CITY OF CHULA VISTA ADDING SECTIONS 9.16.027 THROUGH 9.16.032 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE POSSESSION OF CLONAZEPAM B. ORDINANCE NO. 2813, AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS 9.16.027 THROUGH 9.16.032 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE POSSESSION OF CLONAZEPAM During the past year, there has been an increase in the number of young adults and juveniles possessing the drug, Clonazepam. An amendment to the Health and Safety Code in the 1984 legislation unintentionally allowed persons to possess Clonazepam without a doctor's prescription. The drug is now considered popular as a "recreational drug" of choice among high school students and has been associated with several sexual assaults. (Chief of Police) Staff recommendation: Council adopt the Emergency Ordinance and place Ordinance No. 2813 on first reading. Page 3 - Council Minutes 07/11/2000 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2000-233, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CITY POLICY NO. 585-1 BY EXPANDING THE USE OF UTILITY FUNDS TO REIMBURSE ALL PROPERTY OWNERS FOR THE COST OF UNDERGROUNDING PRIVATE SERVICE LATERALS The California Public Utilities Conunission recently approved a revision to Rule 20A Utility Funds that will include additional items of work eligible for reimbursement resulting from the conversion of the overhead utilities to underground. This is being implemented as an incentive to property owners to help defray the cost of their respective work. Approval of the amendment will add new reimbursement to property owners for all or a portion of the conversion of customer meter panels for service connection. The amendment will also increase the existing reimbursement amount for trenching and electrical conduit installation from $30 to $35 per linear foot. Council Policy No. 585-1 must now be amended. (Director of Public Works) Staff reconunendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE PROVISION OF CONSTRUCTION MANAGEMENT SERVICES REQUIRED FOR THE CONSTRUCTION OF THE CORPORATION YARD PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) On April 17, 2000, the Department of Public Works issued a Request for Qualifications (RFQ) for Construction Manager/Constructor Services requesting statements of qualifications from Construction Managers/Constructors that are qualified to provide the City with proper guidance and assistance in value engineering, construction management and construction services coordination for building capital improvement projects. On May 19, 2000 the City received a total of 18 submittals in response to the RFQ. A selection conunittee, appointed by the City Manager, has evaluated and ranked the submittals and conducted interviews with the top six consulting teams. As a result of the interview process, on June 20, 2000, Council adopted a resolution establishing a construction management services priority list comprised of all six consulting teams to be used for awarding design/construction contracts on future building facilities. Highland Partnership, Inc. was selected unanimously as the highest overall rated respondent for the Corporation Yard project. Adoption of the Resolution will approve an agreement with Highland Partnership, Inc. for the provision of construction management services required for the construction ofthe Corporation Yard project. (Director of Public Works) Staffreconunendation: Council continue the item to July 18, 2000. ACTION: Deputy Mayor Moot noted that Item #7 would be continued to July 18, 2000, moved to approve staff recommendations, and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. Page 4 - Council Minutes 07/11/2000 ORAL COMMUNICATIONS Al Gore, representing the Cultural Arts Commission, spoke in support of a Cultural Arts Center for the City. Melody Cemitz, 182 Sierra Way, a long-time patron of the arts, said she had been waiting 20 years for the City to have a Cultural Arts Center. Mr. Tim Harding, 507 Otis Street, a board member of the South Bay Friends of the Arts, stated that a Cultural Arts Center would create something significant and lasting for the community. Mayor Horton stated that the Council is gathering information about a possible Cultural Arts Center, and the City would collaborate with the School District on the project. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 8. CONSIDERATION OF THE ISSUANCE OF TAX EXEMPT OBLIGATIONS WITH RESPECT TO THE PROPOSED ROLLING HILLS RANCH AFFORDABLE SENIOR HOUSING PROJECT Pacific Bay Homes is requesting that the City consider the issuance ofa maximum of$12 million in multifamily revenue bonds by the Housing Authority of the City of Chula Vista to facilitate the development of a 116-unit affordable, senior, rental housing project within the Rolling Hills master planned community. As required by the Internal Revenue Code, the City must hold a public hearing to consider and approve the issuance of tax- exempt obligations by the Authority. This action is required to complete Pacific Bay Homes' application to the California Debt Limit Allocation Committee for the bonds. (Director of Community Development) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR AN AFFORDABLE SENIOR RENTAL HOUSING PROJECT WITHIN THE ROLLING HILLS RANCH MASTER PLANNED COMMUNITY ACTION: Mayor Horton noted that the applicant had withdrawn his application, and the hearing was cancelled. 9. CONSIDERATION OF DECLARATION BY THE CITY COUNCIL OF ITS INTENTION TO FORM AND ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II- VILLAGES 5 THROUGH 10) AND DECLARATION OF NECESSITY TO INCUR A BONDED INDEBTEDNESS, PURSUANT TO THE PROVISIONS OF THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE PURPOSE OF ACQUISITION OF CERTAIN PUBLIC FACILITIES THROUGH THE ISSUANCE OF BONDS SECURED BY SPECIAL TAXES On June 6, 2000, Council approved the Resolution of intention to form Community Facilities District No. 2000-1 (CFD 2000-1) and set the public hearing for July 11, 2000. CFD 2000-1 will fund the construction of public facilities, including a significant portion of the Sunbow II - Villages 5 through 10 improvements. Adoption of the resolutions will continue the formal proceedings leading to the establishment of Community Facilities District No. 2000-1. (Director of Public Works) Page 5 - Council Minutes 07/11/2000 PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Warren Diven, Bond Counsel for the district, outlined the procedure to be followed for the item. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There being no response, the public hearing was closed. ACTION: Councilmember Moot offered Resolutions Nos. 2000-234 and 2000-235, headings read, text waived: A. RESOLUTION NO. 2000-234, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS B. RESOLUTION NO. 2000-235, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF A COMMUNITY FACILITIES DISTRICT A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10), AND GIVING NOTICE THEREON The motion carried 5-0. At this time, the City Clerk retired from the Council Chambers to conduct a Special Election with regard to the district formation and to canvas the votes. Upon her return, the City Clerk noted that the qualified electors cast 140 votes in favor of Propositions A and B and zero (0) votes against the propositions. ACTION: Councilmember Padilla offered Resolution No. 2000-236 and Ordinance No. 2814, headings read, texts waived:: C. RESOLUTION NO. 2000-236, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT D. ORDINANCE NO. 2814, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT The motion carried 5-0 Councilmember Padilla suggested that the City re-examine its policy of collecting a I % tax from developers for this type of proceeding. Page 6 - Council Minutes 07/1l/2000 ACTION ITEMS 10. CONSIDERATION OF APPROVAL OF NAME CHANGES OF STREET NAMES IN SUNBOW DEVELOPMENT PHASES lB, 2A, 2B, & IC TO HONOR CHULA VISTA WAR VETERANS On May 9, 2000, Council directed staff to investigate the concern over previously approved names of deceased Chula Vista War Veterans not being used within the Sunbow Development. In order to correct the problem, staff has proposed to change the street names on Sunbow Phases IB, 2A, 2B, & IC to those previously approved in 1990. (Director of Planning and Building) Assistant Planning Director Sandoval provided a brief presentation on the proposed street name changes. The following members of the public spoke in favor of the street name changes: Mr. Robert G. Steiner, 55 "I" Street Mr. Sal Salas, 2703 Dove Street, San Diego Mr. Joe Casillas, 1060 Calma Drive Kelly Ingleman (no address given) Mayor Horton suggested that a kiosk be built in a strategic public location close to or on the grounds of the Veterans' Home so that the history of those honored could be shared. She also thanked Aires Land Company for their support. Councilmember Salas thanked the Veterans Advisory Commission and her uncle for bringing the matter to the Council's attention. She suggested that a partnership be formed between the Veterans Commission and Southwestern College to research the history of the veterans. ACTION: Councilmember Salas offered Resolution No. 2000-237, heading read, text waived: RESOLUTION NO. 2000-237, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVlNG THE NAME CHANGES OF STREET NAMES IN THE SUNBOW DEVELOPMENT PHASES IB (UNITS 3,4, &16), 2A & 2B, PHASE IC (UNITS 5, 6,13,14,15) TO HONOR CHULA VISTA WAR VETERANS The motion carried 5-0. II. CONSIDERATION OF ACCEPTANCE OF A REAL PROPERTY TRANSFER FROM THE CITY OF SAN DIEGO FOR THE PURPOSES OF THE PLANNED OT A Y V ALLEY REGIONAL PARK Page 7 - Council Minutes 07/11/2000 ACTION ITEMS (Continued) In 1990, the cities of Chula Vista and San Diego, as well as the County of San Diego, adopted a Joint Exercise of Powers Agreement (JEP A) enabling the three jurisdictions to coordinate, acquire, plan and design the Otay Valley Regional Park. Over the past several years the three jurisdictions have been pursuing and receiving grant funds for the acquisition of property for assembly of the park. The three jurisdictions agreed that the City of San Diego's Real Property Division would facilitate the acquisitions. The City of Chula Vista has previously received 11.2 acres of property in fee title after transfers of acquired property were facilitated by the City of San Diego. The City of San Diego is again requesting that the City of Chula Vista accept land, totaling 63.42 acres, targeted for the park. This will bring Chula Vista's ownership of parkland to 74.62 acres. (Director of Planning and Building) Principal Planner Bazzel explained the proposed action to Council. ACTION: Mayor Horton offered Resolution No. 2000-238, heading read, text waived: RESOLUTION NO. 2000-238, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACCEPTING GRANT DEED FOR REAL PROPERTY FROM THE CITY OF SAN DIEGO FOR THE PURPOSES OF THE PLANNED OTA Y V ALLEY REGIONAL PARK The motion carried 5-0. OTHER BUSINESS 12. CITY MANAGER'S REPORTS There were none. 13. MAYOR'S REPORTS A. ACTION: B. Ratification of appointment to the Resource Conservation Commission - Charles "Steve" Thomas. Mayor Horton moved to ratify the appointment of Charles "Steve" Thomas to the Resource Conservation Commission. The motion carried 5-0. Ratification of reappointments to: . Child Care Commission - Janice Lambert . Cultural Arts Commission - Hector C. Molina . Design Review Committee - Patricia Aguilar, Jose V. Alberti, Jr. . Economic Development Commission - Russ Hall (Ex-Officio), Mary Wylie (Ex-Officio) . Housing Advisory Commission - Frederick Dufresne, Barbara Worth . Human Relations Commission - Samuel G. Avalos . International Friendship Commission - Lourdes Seville . Parks & Recreation Commission - Diana M. Rude . Safety Commission - Harriet Acton . Town Centre Project Area Committee - Tom Money, Linda R. Navarro, John Madsen . Veterans Advisory Commission - A.Y. Casillas, Carmen Fedje Page 8 - Council Minutes 07/11/2000 MAYOR'S REPORTS (Continued) ACTION: Mayor.Horton moved to ratify the above-named members for reappointment to their various commissions. Councilmember Davis seconded the motion, and it carried 5-0. C. Ratification of reappointment of Donna Vignapiano to fill her unexpired second term with member-at-large status on the Town Centre Project Area Committee. ACTION: Mayor Horton moved to ratify the appointment of Donna Vignapiano to fill an unexpired second term with member-at-large status on the Town Centre Project Area Committee. Councilmember Padilla seconded the motion, and it carried 5-0. Mayor Horton asked staff to explore the possibility of declaring a four-day weekend in cases where a hard holiday falls on a Thursday or Tuesday. Mayor Horton requested that staff look at the possibility of implementing skateboard parks, both large and small, in various City locations to provide additional recreational facilities for youth. 14. COUNCIL COMMENTS Councilmember Salas reported on her attendance at a concert at the South Chula Vista Library to a standing-room-only audience. She stated that this kind of reception is another indicator that a Cultural Arts Center is much needed in the community. Councilmember Davis encouraged citizens to register as bone marrow donors and stated that there is a particular need for Hispanic donors. ADJOURNMENT: At 7:35 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting on Thursday, July 13, 2000, at 4:30 p.m. in the Council Conference Room, and thence to the Regular Meeting of July 18, 2000 at 6:00 p.m. Respectfully submitted, - -:tu.tU.. ~g-J cO' J Susan Bigelow, CMC/AAE, City Clerk Page 9 - Council Minutes 07/11/2000 MINUTES OF AN ADJOURNED MEETING OF THE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JULY 13,2000 4:30 P.M. An Adjourned Meeting of the City Council of the City ofChula Vista was called to order by Mayor Horton at 4:42 p.m. in the Council Conference Room located in the Administration Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton (Councilmember Moot arrived at 5:45 p.m.) ABSENT: Councilmembers: None 1. ADDED ITEM: In the Matter ofInstructions to the Mayor Concerning a Special SANDAG Board meeting called for July 14, 2000 Mayor Horton asked the Council to add an off-docket item to the agenda, stating that the necessity to take action arose after publication and posting of the agenda, and there is a need for immediate action by the Council. She explained that tomorrow, the SANDAG Board of Directors will meet to decide whether or not to place a Transnet proposition on the November 2000 ballot to extend the current 1/2j! sales tax for another 30 years beyond 2008. The proposition will generate about $7 billion over the 30-year program but will guarantee only 53% of the funds for local streets and roads that are currently allocated to this purpose on an annual basis. Staffs major concern is that SR-125 is designated as a toll road, while all other roads in the County are freeways. The City may wish to insist that, among other things, funding to buyout the toll road franchise and to build SR-125 as a freeway be included in the measure. She asked that the item be added to the agenda in order to obtain Council's direction on how to vote on the matter at the SANDAG Board meeting. ACTION: Councilmember Davis moved to add the item to the agenda. Councilmember Padilla seconded the motion, and it carried 4-0. Public Works Director Lippitt explained the proposed proposition and stated that, in addition to a guarantee that funding for SR-125 be included in the ballot measure, the measure also needs to identify other major projects that will be funded. ACTION: Following Council discussion, Councilmember Davis moved to recommend that the measure not go forward unless (I) SR-125 is included for funding in the program; (2) the funding for local roads is 1/3 of the remaining 70%, or 23.3% of the total; and (3) SANDAG receives written assurance from the U.S. Fish and Wildlife Service and the California Department of Fish and Game that funding committed for habitat in this measure will fully satisfy the requirements for regional funding as contained in the MSCP and other NCCP Plans in San Diego County. 2. INTERVIEWS FOR PLANNING COMMISSION VACANCY (1) The Council interviewed applicants John McCann, Peter Morlon and Kecia Washington for the Planning Conunission vacancy. ACTION: Councilmember Davis moved to appoint John McCann to the Planning Conunission. Councilmember Padilla seconded the motion, and it carried 5-0. 3. INTERVIEWS FOR PARKS AND RECREATION COMMISSION VACANCY (1) Applicants Eduardo Valerio and Yolanda Ramos were interviewed for the Parks and Recreation Commission vacancy. ACTION: Mayor Horton moved to appoint Yolanda Ramos to the Parks and Recreation Conunission. Councilmember Salas seconded the motion, and it carried 5-0. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 6:45 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of July 18, 2000 at 6:00 p.m. in the Council Chambers. Respectfully submitted, ~;{u....LLI3.o~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Council Minutes 07/13/00 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JULY 18, 2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLLCALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: RESOURCE CONSERVATION COMMISSION - CHARLES "STEVE" THOMAS City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented a certificate of appointment to Mr. Thomas. . PRESENTATION BY DAVID MALCOLM, PORT COMMISSIONER, REGARDING THE AIRPORT MASTER PLAN Port Commissioner Malcolm updated the Council on the adopted airport master plan and other Port projects and accomplishments between the airport and the Chula Vista harbor, including: Improved access to new terminals, the trolley and coaster Reduced air pollution Improvements for the cruise ship industry Record year for cargo storage at National City's 10th Avenue terminal Old Rohr buildings to be demolished soon Removal of the remaining tanks on the old SDG&E site Relocation ofB.F. Goodrich, which will provide an opportunity for a state-of-the- art facility and the hiring of additional staff. CONSENT CALENDAR (Items 1 through 7) 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on July 11, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed CONSENT CALENDAR (Continued) 2. REPORT OUTLINING STAFF'S RESPONSE TO THE SAN DIEGO AIR POLLUTION CONTROL DISTRICT'S REQUEST FOR PROPOSALS FOR THE MOBILE SOURCE REDUCTION PROGRAM, AND PROPOSING A GRANT OF $215,000 TO REPLACE A DIESEL BUS WITH AN ELECTRIC BUS TO SERVE ROUTE 708 (THE CHULA VISTA NATURE CENTER AND VISITORS CENTER) The San Diego Air Pollution Control District (APCD) makes funds available from the Vehicle Registration Fee, Mobile Source Reduction Program to local agencies to reduce local air pollution. The process requires agencies to submit "proposals" by June 30, 2000. Staff has submitted a preliminary proposal and will return to Council with a design and full report for review and consideration if the proposal is recommended for funding by the APCD. Grant applications are awarded based on the proposal's ability to demonstrate the project's cost benefit, the total emissions reduction, use of matching funds, and a "strategy measure" (a strategy measure implements a part of the local and/or regional air quality plan). The goal of the City's proposal is to eliminate the emissions generated by a diesel bus that serves the Chula Vista Nature Center by replacing it with an electric bus. (Special Operations Manager) Staffrecommendation: Council accept the report. 3. A. RESOLUTION NO. 2000-239, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2000-240, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Chula Vista currently has agreements with the City of Imperial Beach and the Bonita-Sunnyside Fire Protection District to provide fire dispatch services. The proposed agreements, which are virtually identical, replace the existing dispatch contracts and allocate the costs of providing fire dispatch services to each of the participating agencies. The proposed agreements authorize the City Manager to adjust the related fees on an annual basis, have no operational impact, and minimize the potential for City liability associated with the provision of fire dispatch services. Staff recommendation: Council adopt the Resolutions. (Chief of Pol iceIF ire Chief) Page 2 - Council Minutes 07/18/2000 CONSENT CALENDAR (Continued) 4. ORDINANCE NO. 2815, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 10.64.030 OF THE CHULA VISTA MUNICIPAL CODE TO EXEMPT CHULA VISTA CITY VEHICLES FROM DRIVING ONLY ON TRUCK ROUTES The Ordinance amendment allows staff driving City maintenance vehicles to travel on any City street while performing their assigned duties, and when traveling from one site to another, without violating the Municipal Code by not traveling on a designated truck route. (Director of Public Works) Staff Recommendation: Council place the Ordinance on first reading. 5. RESOLUTION NO. 2000-241, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, WAIVING INCONSEQUENTIAL DEVIATION, AND AWARDING CONTRACT FOR "TELEGRAPH CANYON ROAD MEDIAN IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA (LD- 103)" PROJECT TO JIMENEZ INC., DBA MJC CONSTRUCTION IN THE AMOUNT OF $214,841.23 On June 14, 2000, the Director of Public Works received sealed bids for the Telegraph Canyon Road median improvement project. The work consists of landscaping and irrigation within the existing median island on Telegraph Canyon Road from I-80S to Paseo del Rey. The work also includes all labor, material, equipment, transportation and traffic control necessary for the project. (Director of Public Works) Staff recommendation: Council adopt the Resolution. 6. RESOLUTION NO. 2000-242, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER DISCHARGE FIELD SCREENING AND ILLEGAL DISCHARGE DETECTION SERVICES One requirement of the City's NPDES Permit from the San Diego Regional Water Quality Control Board (Order No. 90-42) is that all agencies annually conduct dry weather discharge field screening (effluent sampling, chemical analyses, and observation of physical conditions) at major outfalls during the dry weather season (May through October of each year) in order to detect illegal discharges to the storm water conveyance system and to identify, if possible, the sources of the illegal discharges. Due to the expertise and specialized equipment necessary to perform dry weather discharge field screening and illegal discharge detection services, staff considered it necessary to retain an outside consultant and requested proposals from qualified engineering and environmental consulting firms. Staff received eight proposals and has determined that the firm, D-Max Engineering, Inc., was the most qualified of the eight firms responding to the request for proposals. In addition, D-Max Engineering, Inc. submitted the lowest bid of the four top-ranked consultants. Therefore, staff recommends that D-Max Engineering, Inc. be retained to perform dry weather field screening and illegal discharge detection services. (Director of Public Works) Staff recommendation: Council adopt the Resolution. Page 3 - Council Minutes 07/18/2000 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2000-243, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BID PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, TRIMARK PACIFIC-SAN MIGUEL LLC, AND MNA CONSULTING FOR ASSISTANCE TO THE CITY IN PREPARATION OF A REQUIRED MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) ANNEXATION AGREEMENT FOR THE SAN MIGUEL RANCH PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT On April 3, 2000, the San Diego Local Agency Formation Commission conditionally approved annexation of the San Miguel Ranch project area to the City of Chula Vista, subject to completion of an MSCP annexation agreement. This agreement is required under the County's MSCP when land is to be annexed to another jurisdiction. MNA Consulting is under separate contract with the City for preparation of the City's MSCP Subarea Plan and is most capable of assisting the City with this annexation agreement. Adoption of the Resolution approves the proposed contract with MNA Consulting for a cost not to exceed $37,000, which will be paid by Trimark Pacific-San Miguel LLC. (Director of Planning & Building) Staff recommendation: Council adopt the Resolution. ACTION: Mayor Horton moved to approve staff recommendation and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 8. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA On May 23, 2000, Ordinance No. 2810 had its first reading and it was adopted by Council upon its second reading on June 6, 2000, to take effect in 60 days. On June 20, 2000, Council adopted Urgency Ordinance No. 2809-B, the second in a series of three 30-day urgency ordinances necessary for immediate implementation of the changes. The proposed Urgency Ordinance amends the Public Facilities Development Impact Fee Ordinance to increase development impact fees from $2,150 to $2,618 per equivalent dwelling unit, to pay for various public facilities Citywide, and to make a number of other amendments to the Ordinance detailed in "Development Impact Fee for Public Facilities, 1999 Update" presented to Council at the regular meeting of May 23, 2000. The total fee was last reviewed in 1992-1993. Adoption of the proposed Urgency Ordinance will enable the City to continue to collect the updated fees during the 60-day waiting period before Ordinance 2810 becomes effective. (Assistant City Manager Krempl) Page 4 ~ Council Minutes 07/18/2000 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Councilmember Padilla offered Urgency Ordinance No. 2809-C, heading read, text waived: URGENCY ORDINANCE NO. 2809-C, 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 The motion carried 5-0. ACTION ITEMS 9. CONSIDERATION OF ADOPTION OF A RESOLUTION SUPPORTING THE CITY'S PARTICIPATION IN THE CONSOLIDATION OF TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS AS PROPOSED BY THE METROPOLITAN TRANSIT DEVELOPMENT BOARD EFFECTNE JULY 1,2001 Adoption of the resolution approves consolidation of all transit funds (federal, state and local); funds ADA transit services; creates a regional transit capital program; and funds local and regional services at a base level. This transit funding process will continue to fund the City's transit operations and administrative costs. The City will maintain control on decisions affecting future service expansions and/or enhancements and capital improvement projects through the Short Range Transit Plan and Capital Improvement Plan process. (Director of Public Works) Public Works Director Lippitt introduced MTDB General Manager Thomas Larwin, who explained the proposal to Council. He mentioned some of the remaining issues concerning transit financing, including an out-of-date regional services formula, "poor" and "rich" cities, and bus replacement and ADA services. Councilmember Padilla expressed concerns about the potential political issues regarding the allocation of funds and stated that Chula Vista will need a strong voice in the decision-making process. Councilmember Davis also expressed concern with the possible lack of control of funding for local jurisdictions. Page 5 - Council Minutes 07/18/2000 ACTION ITEMS (Continued) Jerry Rindone, MTDB Vice Chair and the City's MTDB representative, was present to respond to Council's questions and concerns. ACTION: Councilmember Davis offered Resolution No. 2000-244, heading read, text waived: RESOLUTION NO. 2000-244, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE PARTICIPATION OF THE CITY IN THE CONSOLIDATION OF TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 FUNDS AS PROPOSED BY THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) EFFECTIVE JULY 1,2001 The motion carried 5-0. 10. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE PROVISION OF CONSTRUCTION MANAGEMENT SERVICES REQUIRED FOR THE CONSTRUCTION OF THE CORPORATION YARD PROJECT On April 17, 2000, the Department of Public Works issued a Request for Qualifications (RFQ) for Construction Manager/Constructor services requesting statements of qualifications from Construction Managers/Constructors that are qualified to provide the City with proper guidance and assistance in value engineering, construction management and construction services coordination for building capital improvement projects. On May 19, 2000, the City received a total of 18 submittals in response to the RFQ. A selection committee, appointed by the City Manager, has evaluated and ranked the submittals and conducted interviews with the top six consulting teams. As a result of the interview process, on June 20, 2000, Council adopted a resolution establishing a construction management services priority list comprised of all six consulting teams to be used for awarding design/construction contracts on future building facilities. Highland Partnership, Inc. was selected unanimously as the highest overall rated respondent for the Corporation Yard project. Adoption of the resolution approves an agreement with Highland Partnership, Inc. for the provision of construction management services required for the construction ofthe Corporation Yard project. (Director of Public Works) ACTION: Mayor Horton offered Resolution No. 2000-245, heading read, text waived: RESOLUTION NO. 2000-245, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE PROVISION OF CONSTRUCTION MANAGEMENT/CONSTRUCTOR SERVICES REQUIRED FOR THE CONSTRUCTION OF THE CORPORATION YARD PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS THEREFOR The motion carried 5-0. Page 6 - Council Minutes 07/18/2000 OTHER BUSINESS 11. CITY MANAGER'S REPORTS A. Scheduling of meetings. City Manager Rowlands noted that there would be no Council meetings on August 29, September 5 and September 19, 2000; and that there would be a Council tour of capital improvement projects on August 19,2000, at 9:00 a.m., and a Council workshop on the needle exchange program on September 28, 2000, at 4:00 p.m. 12. MAYOR'S REPORTS A. Mayor Horton: Ratification of appointment to the Charter Review Commission - Mark Croshier, Sr. ACTION: Mayor Horton moved to ratify the appointment of Mark Croshier, Sr. to the Charter Review Commission. Councilmember Padilla seconded the motion, and it carried 5.0. Mayor Horton congratulated Grace Iwama, Chula Vista's oldest known resident, on her 108th birthday on Monday, July 17th, 2000. 13. COUNCIL COMMENTS Councilmember Davis expressed concern about potential traffic on SR 125 and Proctor Valley Road resulting from a casino proposed to be built in Jamul. She asked staff to look into the matter. Deputy Mayor Moot reported on a recent meeting with the Otay Water District and said he was pleased with the way in which the audit is being conducted. ADJOURNMENT: At 7:32 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of July 25, 2000. Respectfully submitted, ~o...Lr;;;;:i.~~ Susan Bigelow, CMC/ AAE, City Clerk Page 7 - Council Minutes 07/1812000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JULY 25, 2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: Councilmembers: None ALSO PRESENT: City Manger Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: CHARTER REVIEW COMMISSION - MARK CROSHIER, SR. City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented Mr. Croshier with a certificate of appointment. . OATH OF OFFICE: PLANNING COMMISSION - JOHN MCCANN City Clerk Bigelow administered the oath of office, and Deputy Mayor Moot presented Mr. McCann with a certificate of appointment. . OATH OF OFFICE: PARKS AND RECREATION COMMISSION - YOLANDA RAMOS Ms. Ramos was not present at the meeting. CONSENT CALENDAR (Items I through 11) Councilmember Salas asked that Item #10 be removed from the Consent Calendar for separate consideration. 1. ORDINANCE NO. 2814, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT CONSENT CALENDAR (Continued) On June 6, 2000, Council approved the Resolution of Intention to form Community Facilities District No. 2000-1 (CFD 2000-1). CFD 2000-1 will fund the construction of public facilities, including a significant portion of the Sunbow II - Villages 5 through 10 improvements. The Ordinance had its first reading at the Regular Meeting of July 11, 2000. (Director of Public Works) Staff recommendation: Council adopt the resolution. 2. ORDINANCE NO. 2813, AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS 9.16.027 THROUGH 9.16.032 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE POSSESSION OF CLONAZEPAM During the past year, there has been an increase in the number of young adults and juveniles possessing the drug, Clonazepam. An amendment to the Health and Safety Code in the 1984 legislation unintentionally allowed persons to possess Clonazepam without a doctor's prescription. The drug is now considered popular as a "recreational drug" of choice among high school students and has been associated with several sexual assaults. (Chief of Police) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2000-246, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF FUNDS TO REMOVE THE HOUSE AT 1497 BRANDYWINE, CLEAR THE SITE AND TEMPORARILY LANDSCAPE THE SITE WITH A HYDROSEED PLANTING AND IRRIGATION SCHEME UNTIL SUCH TIME AS GRANT MONIES ARE OBTAINED TO CREATE A PERMANENT LANDSCAPE IMPROVEMENT TO THIS CORNER SITE The future Olympic Parkway is currently under construction. To accommodate a right- turn lane and public right-of-way onto Brandywine, the City previously purchased the property at 1497 Brandywine. The construction of the right-turn lane is imminent, necessitating the removal of the house on the property. The City has identified a potential purchaser for the house, and once the house structure has been removed, the concrete slab foundation will need to be removed and temporary planting established. The objective of the temporary planting is to prevent soil erosion and give the site a neat appearance until such time as permanent landscape improvements can be installed. (Deputy City Manager PalmerlDirector of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2000-247, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO. PE-483 FOR CONSTRUCTION OF THREE MONUMENT SIGNS PROPOSED FOR THE RANCHO DEL REY BUSINESS CENTER WITHIN CITY-OWNED OPEN SPACE PARCELS ALONG EAST H STREET, ONE SIGN FOR EACH STREET ENTRANCE LOCATED AT PASEO DEL REY, AVILA WAY AND TIERRA DEL REY Page 2 - Council Minutes 07/25/2000 CONSENT CALENDAR (Continued) C. W. Clark, Inc. is proposing to construct three monument signs for the Rancho Del Rey Business Center within City-owned open space parcels along East H Street, one sign for each street entrance located at Paseo Del Rey, Avila Way and Tierra Del Rey. According to Section 12.28 of the Municipal Code, any permanent structures built within public open space parcels, such as permanent monument signs, require Council approval utilizing the encroachment permit process. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MODIFICATION OF TRAFFIC SIGNAL SYSTEMS AT HILLTOP DRIVE/J STREET, THIRD A VENUEIJ STREET AND FIFTH A VENUE/H STREET (TF234) TO T&M ELECTRIC (DBA PERRY ELECTRIC), AND APPROPRIATING $55,000.00 FROM THE UNENCUMBERED BALANCE OF THE TRAFFIC SIGNAL FUND THEREFOR On June 21, 2000, the Director of Public Works received sealed bids from six electrical contractors for traffic signal modifications at Hilltop DrivelJ Street, Third A venuelJ Street and Fifth Avenue/H Street (TF234). T & M Electric submitted the low bid of $191,280.00. Additional funds need to be appropriated in order to complete the project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2000-249, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING CONTRACT TO TRASIG CORP. FOR THE "INSTALLATION OF INTERNALLY ILLUMINATED STREET NAME SIGNS AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA" (CIP TF-279, FISCAL YEAR 1999/2000) On June 29, 2000, the Director of Public Words received two sealed bids for the installation of internally illuminated street name signs at various locations in the City (CIP TF-279 for Fiscal Year 1999/2000). A low bid of $54,100.00 was received from Trasig Corp., however, three mathematical irregularities equaling $300 were found within the low bidder's proposal. These errors were insignificant since the additional $300 still placed the low bid submitted by Trasig Corp. $4,700 below the second low bidder's proposal of$59,100. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2000-250, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE ACTIONS OF THE DIRECTOR OF PUBLIC WORKS IN APPROVING A CHANGE ORDER FOR THE INSTALLATION OF ADDITIONAL TRAFFIC SIGNAL LOOPS AS PART OF THE FISCAL YEAR 1998/1999 TRAFFIC SIGNAL DETECTOR LOOP REPLACEMENT PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (CIP TF-260) Page 3 - Council Minutes 07/25/2000 CONSENT CALENDAR (Continued) On November 24, 1999, the Director of Public Works received sealed bids from five electrical contractors for the Fiscal Year 1998/1999 traffic signal detector loop replacement program at various locations in the City. DBX, Inc. submitted a low bid of $32,917.00. The low bidder submitted exceptional bid prices, which were lower than the second lowest bidder's prices by 28%. Furthermore, the lowest bidder verbally agreed to extend the contract unit prices to install additional loops, including loops scheduled to be replaced as part of a future Fiscal Year 2000/2001 project (TF-273). As a result of the additional installation, however, the current funds for the loop replacement project (TF-260) are insufficient to cover the work performed to date. (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2000-251, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO LEKOS ELECTRIC FOR THE "TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF EAST H STREET WITH EASTLAKE DRIVE IN THE CITY OF CHULA VISTA" (CIP TF262) On July 5, 2000, the Director of Public Works received sealed bids from four electrical contractors for traffic signal installation at the intersection of East H Street and Eastlake Drive (CIP TF262). Lekos Electric submitted the low bid of $86,670.00. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2000-252, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, WAIVING INCONSEQUENTIAL BID DEVIATION, AND AWARDING CONTRACT FOR "MTDB RIGHT-OF-WAY BEAUTIFICATION, PHASE 1, IN THE CITY OF CHULA VISTA, (LD-106)" PROJECT TO SHIV A CONSTRUCTION, INC. IN THE AMOUNT OF $286,447.34, AND AWARDING ALTERNATE A BID TO SHIV A CONSTRUCTION, INC. IN THE AMOUNT OF $91,140.50, AND APPROPRIATING $454,000 TO THIS PROJECT BASED ON TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) FUNDS AND BILLBOARD FUNDS TO BE RECEIVED FROM THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) On June 14, 2000, the Director of Public Works received sealed bids for phase 1 of the Metropolitan Transit Development Board's (MTDB) right-of-way beautification project. The work consists of planting and irrigation within segments of the four-mile MTDB right-of-way corridor. The work also includes all labor, material, equipment, transportation and traffic control necessary for the project. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Page 4 - Council Minutes 07/25/2000 CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2000-254, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF $251,737 FROM VEHICLE REPLACEMENT FUNDS AND AN APPROPRIATION OF $107,888 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO PURCHASE FIRE APPARATUS EQUIPMENT, AND AWARDING A PURCHASE AGREEMENT TO PIERCE MANUFACTURING/SOUTH COAST FIRE EQUIPMENT, INC. FOR ONE TRIPLE COMBINATION PUMPER IN THE AMOUNT OF $308,655.27 The Public Facilities development impact fee provides for the purchase of a fire apparatus pump and tank combination and the related equipment for that unit. Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative arrangements with other governmental agencies for the purchase of materials of common usage. Accordingly, the City has the right to take advantage of a current City of E1 Segundo bid from Pierce Manufacturing/South Coast Fire Equipment. (Fire Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1 through #9 and #11. The motion carried 5-0. 10. RESOLUTION NO. 2000-253, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA, OTAY WATER DISTRICT, AND AULD GOFF COURSE SAN DIEGO LLC FOR DEFERRAL OF TRANSPORTATION IMPACT FEES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Otay Water District owns 240 acres north of Pacific Bay Homes in eastern Chula Vista. It has leased a portion of its property to Auld Goff Course San Diego to construct and operate an 18-hole golf course. Since it will be a privately operated facility open to the public, it is subject to development impact fees. The agreement will provide: 1) an initial amount owed for the fees, 2) the ability to pay the fees over a ten-year period, and 3) a procedure to restudy the traffic after the facility is in operation for three years and to adjust the fee for actual traffic generation of the facility. (Director of Public Works) Councihnember Salas stated she could not support the deferral of fees since, although the facility would be a public benefit, it is not a public necessity. ACTION: Mayor Horton offered Resolution No. 2000-253, heading read, text waived. The motion carried 4-1 with Councilmember Salas voting in opposition. Page 5 - Council Minutes 07/2512000 ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 12. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT TAX BILL FOR COLLECTION In order to adequately protect the City's interest in delinquent sewer service charges and to insure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. This is the identical process approved by Council in August and November 1998, and April and August 1999. (Deputy City Manager Powell) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy City Manager Powell stated that since mailing the delinquent sewer bills, the number of outstanding accounts has been reduced from 429 (totaling $105,000) to 262 (totaling $66,000). Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Councilmember Davis offered Resolution No. 2000-255, heading read, text waived: RESOLUTION NO. 2000-255, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION The motion carried 5-0. 13. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY OF. ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NO. 10 Based upon the advice of the City Attorney, agenda items 13 and 14 were separated from item 15 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this District. Page 6 - Council Minutes 07/25/2000 PUBLIC HEARINGS (Continued) The City administers 25 Open Space Districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting a particular development. As part of the process, a levy of an annual assessment is necessary to enable the City to collect funds for proposed open space maintenance. Adoption of the resolution continues the process for Fiscal Year 2000/2001. In accordance with Chula Vista Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments in Open Space Districts. On May 23, 2000, Council approved the reports and set two public hearings, as required by law, for June 20 and July 25, 2000, to take testimony on the proposed assessments. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing. There being no members of the public wishing to speak, and no protests, the hearing was closed. ACTION: Mayor Horton offered Resolution No. 2000-256, heading read, text waived: RESOLUTION NO. 2000-256, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR OPEN SPACE DISTRICT NO. 10 The motion carried 4-0-1, with Councilmember Salas abstaining 14. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 200012001 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NO. 14 Based upon the advice of the City Attorney, agenda items 13 and 14 were separated from item 15 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this District. The City administers 25 Open Space Districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting a particular development. As part of the process, a levy of an annual assessment is necessary to enable the City to collect funds for proposed open space maintenance. Adoption of the resolution continues the process for Fiscal Year 200012001. In accordance with Chula Vista Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments in Open Space Districts. On May 23, 2000, Council approved the reports and set two public hearings, as required by law, for June 20 and July 25, 2000, to take testimony on the proposed assessments. (Director of Public Works) Page 7 - Council Minutes 07/25/2000 PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Sandra R. Santos, 1021 Arroyo Drive, spoke in opposition to additional property taxes. She stated that she had previously asked that fencing be installed to provide security for her property from illegal aliens and teenagers using the canyon Mayor Horton asked staff to meet with Ms. Santos to discuss her request. There being no further members of the public wishing to speak, Mayor Horton closed the hearing. ACTION: Councilmember Padilla offered Resolution No. 2000-257, heading read, text waived: RESOLUTION NO. 2000-257, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE. ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR OPEN SPACE DISTRICT NO. 14 The motion carried 4-0-1, with Councilmember Davis abstaining. 15. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1-9, 11, 15, 17, 18,20,23,24,26,31,33, BAY BOULEVARD, TOWN CENTRE AND EASTLAKE MAINTENANCE DISTRICT NO.1 The City administers 25 Open Space Districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting a particular development. As part of the process, a levy of an annual assessment is necessary to enable the City to collect funds for proposed open space maintenance. Adoption of the resolution continues the process for Fiscal Year 2000/2001. In accordance with Chula Vista Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments in Open Space Districts. On May 23, 2000, Council approved the reports and set two public hearings, as required by law, for June 20 and July 25, 2000, to take testimony on the proposed assessments. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 8 - Council Minutes 07/25/2000 PUBLIC HEARINGS (Continued) Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Florence Walker, 291 Surrey Drive, Bonita, stated that while assessments are going up, nothing is being done to maintain some of the areas and the water has never been turned on in District 3. She asked how much the City had paid for maintenance in District 3. Public Works Director Lippitt responded that in Fiscal Year 1999/2000, $18,000 was expended for contract services and $13,000 for water costs, plus other smaller costs. Mayor Horton asked staff to investigate Ms. Walker's concerns. Public Works Director Lippitt reported that three written protests were received, two for District 20 and one for Maintenance District 1. All three letters asked that funds be sought from another source. He recommended that the protests be overridden. There being no further members of the public wishing to speak, Mayor Horton closed the hearing. ACTION: Councilmember Padilla offered Resolution No. 2000-258, heading read, text waived: RESOLUTION NO. 2000-258, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT, AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 2000/2001 FOR OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 15, 17, 18,20,23,24,26,31,33, BAY BOULEVARD, TOWN CENTRE AND EASTLAKE MAINTENANCE DISTRICT NO. I The motion carried 5-0 16. CONSIDERATION OF APPROVAL OF CONDITIONAL USE PERMIT PCC 00-33, A PROPOSAL TO ALLOW FOR A 40-FOOT HIGH "MONOPALM" AT 740 HILLTOP DRIVE NexTel Communications requested permiSSIOn to install, operate, and maintain an umnanned cellular communication facility at 740 Hilltop Drive (Hilltop Baptist Church). The monopole would consist of a faux palm tree design, complete with a round trunk and "pineapple" core below the plastic palm fronds mounted on the top of the pole. There would be three antenna arms, with an array of four antennas each for a total of twelve panel antennas, mounted on the monopalm, with a 200-square-foot equipment building located below. Two new real palm trees would surround the monopalm, and new shrubbery would screen the equipment building. The Environmental Review Coordinator concluded that the project is a Class 3(c) categorical exemption from environmental review [CEQA Section 15303 (c) - new construction of small structures]. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 9 - Council Minutes 07/2512000 PUBLIC HEARINGS (Continued) Planning Division staff explained the proposed project to the Council and audience. Mayor Horton opened the public hearing. Nextel representative Rena Elwardani stated that the monopole will be lower than the natural palm trees and that residents have indicated a need for service in the area. Kenneth Dibble, 726 Hilltop Drive, spoke in opposition to the proposed monopole, stating that it would block the only view he has from his back yard, would lower the value of his property, and was not appropriate for a residential area. He also asked what would happen to the monopole if or when there is no longer a need for it. Staff responded that the monopole would be removed if it were no longer needed. Dr. David Womack, 740 Hilltop Drive, Hilltop Baptist Church administrator, favored the project, stating that the monopole will increase the value of the property and improve the area where the monopole will be erected. Mayor Horton asked if there were any further members of the public wishing to speak. There being no response, she closed the hearing. ACTION: Councilmember Padilla offered Resolution No. 2000-259, heading read, text waived, with the condition that the location of the proposed retaining wall be acceptable to the adjacent property owner: RESOLUTION NO. 2000-259, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING CONDITIONAL USE PERMIT PCC 00-33 TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY LOCATED AT 740 HILLTOP DRIVE The motion carried 5-0. BOARD AND COMMISSION RECOMMENDATIONS 17. REPORT FORWARDING RECOMMENDATIONS FOR CHARTER AMENDMENTS The Charter Review Commission has met to discuss various Charter amendments for inclusion on the November 7, 2000 ballot. At its May 15,2000 meeting, the Commission unanimously approved the endorsement of a proposition expanding the qualifications for membership on boards and commissions to permit the appointment of non-residents under certain limited circumstances. At its June 5, 2000 meeting, the Commission voted 6-0-1 to forward to Council for its consideration the concept of repealing term limits for the offices of the Mayor and Council. At its July 17, 2000 meeting, the Commission heard public testimony on the issue but adjourned without taking further action. (Chairperson, Charter Review Commission) Page 10 - Council Minutes 07/25/2000 BOARD AND COMMISSION RECOMMENDATIONS (Continued) Maria Perman, 547 Vista Miranda, expressed support for term limits, stating that they provide other community members an opportunity to serve on the Council. Jack Blakely, member of the Charter Review Commission, explained how the initial discussion regarding term limits was initiated. Petra Barajas, P.O. Box 122123, favored term limits, stating her desire to offer her talents to the community. Norma Cazares, representing South Bay Forum, favored term limits and asked the Council not to place the measure on the ballot because by so doing, it would appear that the Council favored the abolishment ofterm limits. Peter Watry, 81 2nd Avenue, opposed the repeal of term limits, stating that the limits have worked well for the past 30 years. Will Hyde, 803 Vista Way, former Mayor of Chula Vista, stated that the community has been well served by term limits as they presently exist. He stated that if, however, the City Council wished to place the issue before the voters, they should do so slowly to allow the community the opportunity to provide input. Jerry Vanderpool, 228 East Millan Street, supported the repeal of term limits, stating that the limits hurt the City on a regional basis, and Chula Vista is only one of two cities in the County that has term limits. Gustavo Slovinsky, 1100 Paseo Entrada, stated that the voters should decide whether or not to repeal term limits. Isabelle Perez, 510 East H Street, opposed repealing term limits and stated that there needed to be more public debate and input. Bea Fernandez, 1204 Gonzales Way, opposed repealing term limits and suggested that the vote be postponed until the 2002 election, thereby allowing the opportunity for public discussion. Steve Molski, 677 G Street #111, spoke in support ofretaining term limits. On a separate issue, he informed the Council that directional arrows on certain streets are not working and suggested a delayed red light activation to ensure that intersections are completely clear of traffic. Mark Marchand, 1228 Half Moon Bay, spoke in favor of term limits and felt that the voters should be the decision makers. Steve Palma, 121 Orange Avenue, #90, supported placing the issue on the ballot, stating that he would like an opportunity to vote on the issue since his area was not part of the City when term limits were first instituted. Derek Prescott, a Charter Review Commissioner, distributed information to Council and recommended that the issue be placed on the ballot to allow the people the opportunity to vote on it. Page II - Council Minutes 07125/2000 BOARD AND COMMISSION RECOMMENDATIONS (Continued) Bob Tudenberg, 1702 Yale Street, spoke in favor of keeping term limits. Councilmember Salas stated that Charter amendments should be generated by public interest and she had not seen any evidence that this was a public driven discussion. As a result, she would not support placing the issue on the next ballot. Councilmember Padilla stated that the issue is an important one for the community and requires more public input. He also stated that if the issue is placed on the ballot, language should be included to ensure that any repeal of term limits does not apply to the current Mayor or Councilmembers. Councilmember Davis supported the opportunity for the voters to decide the issue and recommended that term limit options be provided on the ballot. Deputy Mayor Moot agreed that the voters should make the decision. Mayor Horton pointed out that the Council was not deciding the term-limit issue, only whether or not the issue should be placed on the ballot to give the community the opportunity to vote on the matter. ACTION: Mayor Horton moved to approve the Charter Review Commission's recommendation to place on the November 7, 2000 ballot a Charter amendment measure to modify Charter section 602 to permit the appointment of non- residents, under certain circumstance, to boards and commissions. Councilmember Padilla seconded the motion, and it carried 5-0. ACTION: Mayor Horton moved to direct the City Attorney to bring forward language for consideration for a proposed ballot measure that includes the following options: (a) Eliminate term limits providing that Council incumbents comply with a six-month restriction on raising campaign funds prior to an election, and (b) Extend term limits to three terms, providing that; Council incumbents comply with a six-month restriction on ralsmg campaign funds prior to an election, and Persons would be eligible to run for re-election after serving three terms only after a four-year break in service. Councilmember Davis seconded the motion, and it carried 3-2, with Councilmembers Padilla and Salas opposing. ACTION ITEMS 18. CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTING BIDS, REJECTING BID OF SIERRA ELECTRIC AS NON-RESPONSIVE, AND AWARDING CONTRACT TO LEKOS ELECTRIC FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF GREENSGATE DRIVE AND EASTLAKE PARKWAY Page 12 - Council Minutes 07/25/2000 ACTION ITEMS (Continued) On July 5, 2000, the Director of Public Works received sealed bids from four electrical contractors for the installation of a traffic signal at the intersection of Greensgate Drive with Eastlake Parkway (CIP TF265). Sierra Electric submitted the low bid of $78,946, however, after examining all bids, Sierra Electric's bid was considered to be non- responsive due to mathematical irregularities in the bid proposal. Lekos Electric submitted the second low bid of $80,372. (Director of Public Works) ACTION: Deputy Mayor Moot offered Resolution No. 2000-260, heading read, text waived: RESOLUTION NO. 2000-260, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING BID OF SIERRA ELECTRIC AS NON-RESPONSIVE AND AWARDING CONTRACT TO LEKOS ELECTRIC FOR THE "TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF GREENSGATE DRIVE WITH EASTLAKE P ARKW A Y IN THE CITY OF CHULA VISTA" (CIP TF265) The motion carried 5-0. 19. CONSIDERATION OF ADOPTION OF RESOLUTIONS APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II-VILLAGES 5 THROUGH 10); AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT, AND OTHER DOCUMENTS, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS On July II, 2000, Council held the public hearing forming and establishing Community Facilities District No. 2000-1 (CFD 2000-1). The District was formed for the purpose of providing for the financing of the acquisition of certain authorized public facilities, including significant portions of the Sunbow II - Villages 5 through 10 improvements. Adoption of the resolutions approves the acquisition/finance agreement with ACI Sunbow, LLP, that establishes the procedure for acquiring the improvements from the developer, including allowing for the incremental acquisition of complete discreet components of a project, rather than requiring that the project be fully completed and accepted by the City prior to acquisition. The resolution also authorizes the issuance of special tax bonds of CFD 2000-1 in the amount of $7,400,000 and approves the form of certain documents related to the issuance of the bonds, including a Bond Indenture, Bond Purchase Contract and Preliminary Official Statement. (Director of Public Works) ACTION: Mayor Horton offered Resolutions Nos. 2000-261 and 2000-262, headings read, texts waived: A. RESOLUTION NO. 2000-261, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) Page 13 - Council Minutes 07/25/2000 ACTION ITEMS (Continued) B. RESOLUTION NO. 2000-262, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS The motion carried 5-0 OTHER BUSINESS 20. CITY MANAGER'S REPORTS There were none. 21. MAYOR'S REPORTS A. Ratification of appointment to the Economic Development Commission - Joanne Clayton (nominated by Chula Vista Chamber of Commerce). ACTION: Mayor Horton moved to ratify the appointment of Joanne Clayton to the Economic Development Commission. The motion carried 5-0. B. Consideration of designation of a voting Delegate and Alternate for the Annual League of California Cities conference to be held in Anaheim, September 7 through September 9, 2000. ACTION: Mayor Horton moved to designate Councilmember Davis as Voting Delegate for the Annual League of California Cities conference. The motion was seconded by Councilmember Padilla, and it carried 5-0. 22. COUNCIL COMMENTS Councilmember Salas expressed concern that the rising energy rates will affect the ability of San Diego, as well as all of California, to attract businesses; and she asked Council to review budget models over time and discuss possible actions in the event tli.at there is a downturn in the economy. Page 14 - Council Minutes 07/25/2000 OTHER BUSINESS (Continued) Deputy Mayor Moot reported that alternative energy supplies are being sought and that he hopefully would report back to Council on the matter in the fall. Mayor Horton noted that a letter to the chair of the Public Utilities Commission is being prepared. Councilmember Davis reported that planning for the Christmas in October event is progressing, and she asked the community to nominate houses which might be included in this year's program. ADJOURNMENT At 9:14 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of August 1,2000. Respectfully submitted ~""'lu..ci..LJ'3(J (). ...) Susan Bigelow, CMC/AAE, City Clerk Page 15 - Council Minutes 07/25/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUGUST 1,2000 4:00P.M. A Regular Meeting of the City Council of the City of Chu1a Vista was called to order at 4:05 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California. ROLLCALL PRESENT: Counci1members Davis, Moot, Padilla, Salas, and Mayor Horton. (Deputy Mayor Moot arrived at 4:15 p.m. and left the meeting at 6:37 p.m.) ABSENT: Counci1members: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, PATTY WESP, SECRETARY TO THE MAYOR'S OFFICE Mayor Horton introduced the City's employee of the month, Patty Wesp, presented her with the proclamation and commended Patty for her many years of dedicated service to the City. . OATH OF OFFICE: ECONOMIC DEVELOPMENT COMMISSION - JOANNE CLAYTON City Clerk Bigelow administered the Oath of Office, and Councilmember Padilla presented Ms. Clayton with a certificate of appointment. . PRESENTATION BY SDG&E REGARDING SUMMER ENERGY BILLS SDG&E representative Buz Schott provided Council with a brief presentation and stated that there are immediate actions that consumers can take by contacting SDG&E regarding bill payments and rebates. He added that with the diminishing energy reserves, new power plants are planned over the next several years. Steve Mo1ski, 677 G Street #111, stated that many mobi1ehome parks have individual meters but rebates are being sent to the owners, not the tenants. Mr. Schott responded that SDG&E had written letters to all mobi1ehome park owners stating that rebates were to be paid to the park tenants immediately, either by check or credit. Lupita Jimenez asked that residents be provided with information on meters that inform customers of peak usage hours. Mr. Schott responded that meter costs are decreasing and SDG&E hopes to have a rebate program in place in the near future. Mayor Horton mentioned that the Public Utilities Commission is considering a request for an SDG&E rate freeze or rollback. Mr. Schott stated that the request will be considered by the PUC on August 3, 2000, and if approved, SDG&E will comply. CONSENT CALENDAR (Items 1 through 7) 1. ORDINANCE NO. 2815, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 10.64.030 OF THE CHULA VISTA MUNICIPAL CODE TO EXEMPT CHULA VISTA CITY VEHICLES FROM DRIVING ONLY ON TRUCK ROUTES (2ND READING AND ADOPTION) The Ordinance amendment allows staff driving City maintenance vehicles to travel on any City street while performing their assigned duties, and when traveling from one site to another, without violating the Municipal Code by not traveling on a designated truck route. (Director of Public Works) Staff recommendation: Council place the ordinance on second reading for adoption. 2. RESOLUTION NO. 2000-263, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RETENTION AGREEMENT WITH PEGGY McCARBERG, ESQ. FOR LEGAL SERVICES TO BE PERFORMED UNDER THE SUPERVISION OF THE CITY ATTORNEY FOR FISCAL YEAR 2000/2001 In this year's budget transmittal letter, the City Attorney advised Council that the City would need to provide funding for a part-time contract attorney on a continuing basis to assist with the myriad land use issues facing the City. For the past six years, the City has utilized the services of Ms. McCarberg on an hourly basis for this purpose. It is now necessary to authorize an amendment of the retention agreement for fiscal year 2000/2001. (City Attorney) Staff recommendation: Council adopt the resolution. 3 A. URGENCY ORDINANCE NO. 2916-A OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE TO PROVIDE FOR CONTINUED UTILITIES USERS TAX ASSESSMENTS OF TELECOMMUNICATIONS REGARDLESS OF FEDERAL EXCISE TAX REPEAL (4/5THS VOTE REQUIRED) B. ORDINANCE NO. 2816, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE TO PROVIDE FOR CONTINUED UTILITY USERS' TAX ASSESSMENTS OF TELECOMMUNICATIONS REGARDLESS OF FEDERAL EXCISE TAX REPEAL (FIRST READING) Definitions in the City's local utility users' tax have long referred to federal excise tax laws in helping to define what intrastate telecommunications services are subject to the tax. The federal govemment is in the process of repealing the federal excise tax on telecommunications. In order to avoid the inadvertent reduction in City utility users' tax revenues from telephone service, staff is recommending that the utility users' tax ordinance be revised so as not to be reliant on the continued existence of the federal excise tax. (City Attorney) Staff recommendation: Council adopt the urgency ordinance and place Ordinance No. 2816 on first reading. Page 2 - Council Minutes 08/0112000 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2000-264, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND FOR THE REMOVAL OF UTILITY POLES AND OVERHEAD FACILITIES WITHIN UNDERGROUND UTILITY DISTRICT NO. 130, ALONG ORANGE AVENUE FROM FOURTH AVENUE TO PALOMAR STREET On January 11, 2000, Council held a public hearing and adopted Resolution No. 2000-018 establishing Underground Utility District No. 130, along Orange Avenue from Fourth Avenue to Palomar Street. In accordance with Section 15.32.150 of the Chula Vista Municipal Code, Resolution No. 18177 states that Council shall, by subsequent resolution, set the date upon which affected property owners must be ready to receive underground service and the date by which SDG&E shall remove utility poles, overhead wires and associated structures. The conversion of overhead utilities to underground is to be completed by January 31, 2001. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5 A. RESOLUTION NO. 2000-265, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE SPECIAL TAX FOR FISCAL YEAR 2000/2001 FOR COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-3, AND 99-1 B. RESOLUTION NO. 2000-266, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING AN ADDITIONAL $19,216 EACH FOR CFD'S 97-3, 99-1, AND 2000-1 TO COVER COSTS FOR FINANCIAL SERVICES FOR BONDED DISTRICTS C. RESOLUTION NO. 2000-267, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ESTABLISHING AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) FOR FISCAL YEAR 2000/2001 Two new Community Facilities Districts (CFDs) were established during Fiscal Year 1999/2000 in the Otay Ranch and Sunbow developments, in addition to the six CFDs established during Fiscal Year 1998/1999. Property owners must be assessed during Fiscal Year 2000/2001 in seven of these districts in order to pay for the maintenance of open space and preserve areas in CFDs 97-1, 97-2, 98-1 and 98-3; and to begin repaying bondholders in CFDs 97-3, 99-1 and 2000-1. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION NO. 2000-268, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN UNDERGROUND EASEMENT FOR WATER FACILITY PURPOSES TO OTAY WATER DISTRICT FOR THE PURPOSE OF LAYING UNDERGROUND WATER PIPELINES AND LATERALS, TOGETHER WITH THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE, REMOVE, OR ENLARGE DRAINS, WATER FACILITIES, AND APPURTENANT STRUCTURES IN, UPON, OVER, AND ACROSS CITY-OWNED PROPERTY LOCATED ON LOT "B" OF CHULA VISTA TRACT 90-07, SUNBOW PHASE IB, UNITS 3,4, & 16 OF FINAL MAP 13720 Page 3 - Council Minutes 08/01/2000 CONSENT CALENDAR (Continued) Chula Vista Tract 90-07, Sunbow Phase lB, Units 3, 4, & 16, is a 204-lot subdivision located east of Medical Center Drive/Brandywine Avenue and north of Olympic Parkway. Otay Water District proposes to construct water facilities under a City open space lot and is requesting an easement for all purposes, together with the right of ingress thereto and egress therefrom. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2000-269, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE BALLOT TEXT, THE IMPARTIAL ANALYSIS AND ARGUMENT IN SUPPORT OF PROPOSED CHARTER AMENDMENTS TO SECTIONS 602 AND 607 TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2000 At the Council meeting of July 25, 2000, Council, after receiving a report from the Charter Review Commission and hearing public testimony, voted unanimously for the City Attorney to return to Council with a resolution to place an amendment to Charter Section 602 on the November 7, 2000 ballot. The proposed Charter amendment authorizes Council, upon a four-fifths vote, to appoint non-electors of the City to advisory boards whose duties involve regional issues. (City Attorney) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Rod Davis, Chula Vista Chamber of Commerce, alerted the City to a potential fraud situation. He indicated that he has notified the District Attorneys in San Diego and Los Angeles Counties and will also be notifying the postal service. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 8. CONSOLIDATED PUBLIC HEARINGS REGARDING FUTURE ANNEXATIONS TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A"; FORMING COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) AND AUTHORIZING SPECIAL TAX; FUTURE ANNEXATIONS TO COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST); ANNEXATION TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A" The Otay Ranch Company has requested the City to conduct proceedings for the formation of Community Facilities District No. 99-2 (CFD No. 99-2). The conditions of approval of the tentative map require that the developer request the formation of an open Page 4 - Council Minutes 08/01/2000 PUBLIC HEARINGS (Continued) space district prior to the approval of the first "AU map. The district formation shall be submitted to Council prior to approval of Village One West's first final "B" map. This district will fund the perpetual operation and maintenance of open space slopes, drainage channels, detention basins, medians and parkways of Village One West in Otay Ranch SPA One. In addition, CFD No. 99-2 district liens will take over the obligations of Village One West with regard to CFD No. 98-1, the Interim Open Space Maintenance District. A Notice of Special Tax Lien Cancellation will be filed 30 days after the CFD No. 99-2 certified vote is approved by Council. The City has retained the services of McGill Martin Self, Inc. as special tax consultant and Best, Best & Krieger as legal counsel to provide assistance during the proceedings. Adoption ofthe resolutions initiates the formal proceedings leading to the establishment of CFD No. 99-2. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing. With no members of the public wishing to speak, the hearing was closed. ACTION: A. B. Councilmember Padilla offered Resolutions Nos. 2000-270,2000-271,2000-272, 2000-273 and 2000-274, headings read, texts waived: RESOLUTION NO. 2000-270, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON PROTESTS AND APPROVING THE SPECIAL TAX REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 99-2 (OT A Y RANCH SPA ONE - VILLAGE ONE WEST) RESOLUTION NO. 2000-271, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS C. RESOLUTION NO. 2000-272, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST), AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO SUCH COMMUNITY FACILITIES DISTRICT D. RESOLUTION NO. 2000-273, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA "A" THEREIN Page 5 - Council Minutes 08/01/2000 PUBLIC HEARINGS (Continued) E. RESOLUTION NO. 200-274, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE ANNEXATION OF TERRITORY TO IMPROVEMENT AREA "A" OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS The motion carried 5-0. BOARD AND COMMISSION RECOMMENDATION: 9. LETTER FROM THE HUMAN RELATIONS COMMISSION RECOMMENDING THE PLACEMENT OF A SUGGESTION BOX ALONG WITH SUGGESTION CARDS IN EACH OF THE CITY'S THREE LffiRARIES The Chula Vista Human Relations Commission has suggested the implementation of a system to assist Chula Vista residents and visitors in communicating with the City's leaders. Placement of the suggestion boxes would offer a means of sharing ideas and suggestions about improving City services. (Chairperson, Human Relations Commission) Deputy City Manager Palmer requested that the item be referred back to staff to look at as part of the City-wide communications audit. ACTION: Councilmember Davis moved to refer the request to staff for review. Councilmember Padilla seconded the motion, and it carried 4-0 with Deputy Mayor Moot no longer present. ACTION ITEMS 10. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING AN AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE PROVISION OF CONSULTANT SERVICES FOR THE PROGRAMMING AND PREPARATION OF THE MASTER PLAN FOR THE NEW POLICE DEPARTMENT BUILDING AND EXPANSION OF THE CIVIC CENTER COMPLEX On June 20, 2000 Council adopted a resolution establishing a Construction Managers/Constructors priority list comprised of the six consulting teams to be used for awarding design/construction contracts on future building facilities. On July 18, 2000 Council adopted a resolution approving an agreement with Highland Partnership, Inc., to provide construction management services for the corporation yard project. Highland Partnership, Inc., was selected unanimously as the highest overall rated respondent for the provision of consultant services for the programming and preparation of the Master Plan for the new Police Department building and expansion of the Civic Center complex. The resolution approves an agreement with Highland Partnership, Inc., for the provision of said consulting services, authorizes the Mayor to execute said agreement and appropriates funds therefor. (Director of Public Works) Page 6 - Council Minutes 08/01/2000 ACTION ITEMS (Continued) ACTION: Mayor Horton offered Resolution No. 2000-275, heading read, text waived: RESOLUTION NO. 2000-275, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE PROVISION OF CONSULTANT SERVICES FOR THE PROGRAMMING AND PREPARATION OF MASTER PLAN FOR THE NEW POLICE DEPARTMENT BUILDING AND EXPANSION OF THE CIVIC CENTER COMPLEX, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS THEREFOR The motion carried 5-0. 11. CONSIDERATION OF ACCEPTANCE OF A REPORT CONCERNING THE PRESENTATION OF OPTIONS FOR PROPOSED CHARTER AMENDMENTS CONCERNING TERM LIMITATIONS FOR THE MAYOR AND COUNCILMEMBERS The report presents options regarding Charter amendments proposed for the November 7, 2000 ballot on term limitations for the offices of Mayor and City Councilmember. It also includes proposed text of the ballot language to be used for measures affecting term limits, requests the Council to direct the City Attorney to prepare an impartial analysis of such measures, and requests Council guidance for the preparation of arguments in support ofthe measures. (City Attorney) Steve Molski, 677 G Street #111, presented a petition signed by 60 persons requesting to either retain existing term limits or extend the time-out period to three years rather than one. Norma Cazares, 45 El Rancho Vista, stated that the proposed ballot wording would be confusing to the public and requested that the issue not be placed on the ballot until the Mayor's present term expires. Lupita Jimenez, 1134 Arbusto Corte, stated that placing the issue on this year's ballot would not allow sufficient time for public debate and suggested that the current term limits be retained. Rudy Ramirez, 372 Quintard Street, questioned the motivation behind placing the issue on the ballot and urged the Council to return the proposal reversing term limits to the Charter Review Commission for further discussion. Steve Palma, 121 Orange Avenue, stated that the City has grown significantly since term limits were instituted, and the public should vote on the issue. Miriam Newman, 2090 Chateau Court, spoke in favor of keeping the existing term limits. Beatrice Fernandez, 1204 Gonzales Way, did not want to see the issue placed on the ballot as she felt more time is needed to study the issue. She also suggested that provisions be made so that any change would not affect current Councilrnembers. Page 7 - Council Minutes 08/01/2000 ACTION ITEMS (Continued) Mike Diaz, 80 E. Paisley, encouraged the Council to re-evaluate the issue and give voters the option of strengthening term limits. Derek Prescott, member of the Charter Review Commission, asked the Council to allow the public the opportunity to decide on possible term changes. Councilmember Salas stated that mixing the issues of term limits and campaign finance reform would confuse the matter, and she recommended that the issues be addressed separately. Councilmember Davis stated that the City has a new population since 1973, and she supported giving the citizens the opportunity to speak to the issue. Councilmember Padilla stated that he was not against putting the issue on the ballot but felt the current Council should be separated from the issue. He suggested that the issue be directed back to the Charter Review Commission for further review. Councilmember Padilla also stated for the record that regardless of the public vote, he will abide by the law in effect when he was first elected. Deputy Mayor Moot felt that the issue should be placed on the ballot. He also stated that the ballot language must make it clear that if the propositions fail, the current term limits will remain in effect. Mayor Horton stated that term limits put Chula Vista at a disadvantage on a regional level, since the City's representatives on regional boards and agencies have less seniority than representatives from cities without term limits. ACTION: Councilmember Davis moved to accept the report, approve the text of ballot language for measures affecting term limits, and direct the City Attorney to return on August 8, 2000 with an impartial analysis of such measures. The motion carried 3-2, with Councilmembers Padilla and Salas opposing. 12. ADOPTION OF A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000 The purpose of the November 7, 2000 Special Municipal Election is to select a Member of the City Council to fill Seat 3 and to submit proposed Charter amendments to the electorate. In order to consolidate the election with the statewide election, the California Elections Code requires the adoption of a resolution requesting the services of the Registrar of Voters and incorporating the text of any measures to be included on the ballot. The resolution must be submitted to the Registrar of Voters by August 11, 2000. (City Clerk) Page 8 - Council Minutes 08/01/2000 ACTION ITEMS (Continued) ACTION: Mayor Horton offered Resolution No. 2000-276, heading read, text waived: RESOLUTION NO. 2000-276, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7,2000 The motion carried 4-0, with Deputy Mayor Moot no longer present. OTHER BUSINESS 13. CITY MANAGER'S REPORTS City Manager Rowlands introduced Andrew Campbell, the new Parks and Recreation Director. 14. MAYOR'S REPORTS A. ACTION: B. ACTION: Ratification of appointment to the Child Care Commission - Debra Munoz Mayor Horton moved to ratify the appointment of Debra Munoz to the Child Care Commission. Councilmember Davis seconded the motion, and it carried 4-0 with Deputy Mayor Moot no longer present. Ratification of appointment to the Growth Management Oversight Commission - Robert Tugenberg Mayor Horton moved to ratify the appointment of Robert Tugenberg to the Growth Management Oversight Commission. Councilmember Davis seconded the motion, and it carried 4-0 with Deputy Mayor Moot no longer present. C. Discussion of electric utility price increases and request for Council support for transmittal of a letter to the Public Utilities Commission. Councilmember Salas suggested that the letter be made stronger, specifically addressing the City ofChula Vista's concerns and highlighting some of the city's local experiences. ACTION: It was the consensus of the Council to request that the draft letter be revised to include comments made at the meeting and then forwarded to the Public Utilities Commission. 15. COUNCIL COMMENTS Councilmember Davis emphasized the importance of the "Team" acronym and doing what is best for the City. Page 9 - Council Minutes 08/01/2000 OTHER BUSINESS (Continued) Mayor Horton thanked staff for their hard work on the City's successful first LEAP Fair event. Councilmember Padilla stated that it is healthy for the Council to have differences, and the City is fortunate to have a great team. Councilmember Salas stated that the City needs to convene a community meeting in the near future to obtain public input on the proposed Cultural Arts Center. ADJOURNMENT At 7:05 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of August 15,2000, Respectfully submitted ~ l.L{d....U~g" ~ (0. ./ Susan Bigelow, CMC/AAE, City Clerk Page 1 0 ~ Council Minutes 08/01/2000 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUGUST 19,2000 9:00 A.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 9:12 a.m. in Conference Room I of the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL I. PRESENT: Councilmembers Davis, Padilla, Salas, and Mayor Horton ABSENT: Councilmember Moot 2. BUS TOUR OF CAPITAL IMPROVEMENT PROJECT SITES AND PROJECTS The Council toured the following capital improvement project sites: E Street at 1-5 and Broadway pavement rehabilitation [and proposed entryway improvements] H Street at 1-5 and Broadway pavement rehabilitation [and proposed entryway improvements] Proposed Palomar Street Improvements @ 1-5 and Industrial Boulevard Proposed Main Street pavement rehabilitation/Salt Creek Sewer construction under Main Street New Animal Shelter site under construction Broderick Acres, south of Main Street, west ofI-805 Proposed batch plant across from new Corporation Yard New Corporation Yard site Olympic Parkway interchange, Brandywine to Oleander Fire Station 3 new site Greg Rogers Park emergency repairs Telegraph Canyon Drainage Channel improvements Telegraph Canyon RoadlI-805 interchange project Fire Station 4 (Rancho del Rey) new site Heritage Park (under construction) Cottonwood Park in McMillin Otay Ranch Village 5 (under construction) View of Olympic Parkway segment being constructed by developers Proposed Eastlake Sports Park/water reservoir New golf course under construction near Hunte Parkway MacKenzie Creek Park in Rolling Hills Ranch (under construction) Interim SR-125 location at east H Street No action was taken by the Council. Page I - Council Minutes 08/19/00 ORAL COMMUNICATIONS There were none. ADJOURNMENT At 12:05 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of August 22, 2000. Respectfully submitted, :: =>l.u~rJ(J. - Susan Bigelow, CMC/ AAE, City Clerk Page 2 - Council Minutes 08/19/00 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUGUST 15,2000 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL AND THE CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT TO NLP FURNITURE INDUSTRIES Business Retention Specialist Bailey spoke regarding the business expansion partnership formed between NLP Furniture Industries and the South County Economic Development Council. She then introduced the Chairman of the EDC, who spoke regarding a loan program for small business investment, and she introduced and congratulated the owners ofNLP. . RECOGNITION OF READERS FROM THE LIBRARY'S 2000 SUMMER READING PROGRAM (Deputy City Manager Palmer) Deputy City Manager Palmer presented certificates and T-shirts to the student representatives of the three City libraries and to program sponsors, Hometown Buffet and Soak City USA. . RECOGNITION OF THE POLICE DEPARTMENT'S EMPLOYEES RECENTLY PROMOTED TO SERGEANT AND AGENT - SERGEANTS: DALE BOURGEOIS, DAVID EISENBERG, BRUCE THEISEN, DAVID NELLIS, WILLIAM CLINE, AND LON TURNER. AGENTS: MARK JONES, BRENT GLOVER, NORENE ANDERSEN, ROBERT HINKLEDIRE, THOMAS BIONDO, JOHN STIRES, MARTIN BOLGER, CHRISTOPHER KELLEY, ILYANA MARTINEZ, AND DONALD RHODES (Chief of Police) Chief Emerson introduced the recently promoted Sergeants and Agents. . PRESENTATION OF A PROCLAMATION TO RETIRING AGENT BENJAMIN CHASSEN FOR SEVEN YEARS OF DEDICATED SERVICE TO THE CITY (Chief of Police) Chief Emerson introduced Mr. Chassen. Mayor Horton read a proclamation in his honor, and Deputy Mayor Moot presented it to Mr. Chassen. Page t - Council Minutes 08/15/00 CONSENT CALENDAR (Items 1 through 10) 1. WRITTEN COMMUNICATIONS A. Memo from the Mayor's Office reporting a verbal resignation from Dr. Ricardo Marentez, member of the International Friendship Connnission. Staff reconnnendation: The resignation be accepted with regret and the City Clerk's Office be directed to post the vacancy innnediately according to Maddy Act requirements. 2. ORDINANCE NO. 2816, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE TO PROVIDE FOR CONTINUED UTILITY USERS' TAX ASSESSMENTS OF TELECOMMUNICATIONS REGARDLESS OF FEDERAL EXCISE TAX REPEAL (SECOND READING AND ADOPTION) Definitions in the City's local utility users' tax have long referred to federal excise tax laws in helping to define what intrastate teleconnnunications services are subject to the tax. The federal government is in the process of repealing the federal excise tax on teleconnnunications. In order to avoid the inadvertent reduction in City utility users' tax revenues from telephone service, the utility users' tax ordinance must be revised so as not to be reliant on the continued existence of the federal excise tax. (City Attorney) Staffreconnnendation: Council adopt the ordinance. 3. RATIFICATION OF CORRECTED TEXT OF RESOLUTION NO. 2000-269, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE BALLOT TEXT, THE IMPARTIAL ANALYSIS AND ARGUMENT IN SUPPORT OF PROPOSED CHARTER AMENDMENTS TO SECTIONS 602 AND 607 TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2000 At the Council meeting of August I, 2000, Council approved the ballot text and impartial analysis of a proposed amendment to Charter Section 602 to permit, under certain conditions, the appointment of non-electors of the City to certain boards and connnissions. A cross-reference to Charter Section 607 was inadvertently omitted from the text. The corrected text has been forwarded to the County Registrar of Voters in order to meet the August II deadline. This action will ratify said correction. (City Attorney) Staffreconnnendation: Council ratify corrected text of Resolution No. 2000-269. 4. RESOLUTION NO. 2000-285, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE LIBRARY MASTER FEE SCHEDULE EFFECTIVE OCTOBER 1,2000 Page 2 - Council Minutes 08/15/00 CONSENT CALENDAR (Continued) The implementation of the new automated library system in September 2000 has provided an opportunity to re-examine certain library fees. The automated system offers many patron-friendly features, such as self-serve placement of holds or reserves. As a result, a fee that was partially established to cover some of the staff time costs associated with the service may now be eliminated. In addition, the increase in the number of computer workstations means that some fees, which were in place to control access to a limited number of computers, are no longer needed. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-286, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATION IN THE AMOUNT OF $350, AND APPROPRIATING SAID DONATED FUNDS TO THE POLICE DEPARTMENT FOR SUPPORT OF THE CHILD LINK PROGRAM The Police Department Senior Volunteer Patrol recently received a donation in the amount of $350 from San Diego Gas & Electric Company. The donation was presented for sponsorship ofthe Child Link Program. (Chief of Police) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2000-287, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING UNANTICIPATED GRANT REVENUES IN THE AMOUNT OF $1,425.36 FOR THE PURPOSE OF PURCHASING A MULTI-LAUNCHER FOR USE IN CHEMICAL MUNITIONS AND LESS-THAN-LETHAL APPLICATIONS The Police Department recently submitted a grant request to the San Diego County Law Enforcement Foundation for a multi-launcher manufactured by Armor Holdings. The Law Enforcement Foundation has approved the grant. (Chief of Police) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2000-288, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUEST FROM BONITA BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT BONITAFEST AND BONITAFESTPARADE The Bonitafest Committee and its sponsoring organization, the Bonita Business and Professional Association, is requesting permission to conduct the 28th annual Bonitafest on Saturday, September 23,2000. (Chief ofPolicelRisk Manager) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 08/15/00 CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2000-289, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY P ARKW A Y ON SEPTEMBER 9 AND 10,2000, FOR THE ORANGE CRATE DERBY The Bonita Orange Crate Derby committee of the Bonita Valley Lions Club is requesting permission for a temporary street closure on Rancho Del Rey Parkway on September 9 and 10, 2000, to conduct its 21st 3mlUal Orange Crate Derby. (Chief of Police) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2000-290, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 1999/2000 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY The Council policy on financial reporting and transfer authority requires that all departments complete the fiscal year with a positive balance in each budget summary (Employee Services, Supplies and Services, and Capital Outlay). In order to comply with the intent of this policy, specific transfers are recommended for approval. All recommended transfers can be accomplished within existing total General Fund appropriations. (Deputy City Manager Powel1/Fire Chief) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2000-291, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF $60,000 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO PURCHASE A VEHICLE FOR THE FIRE TRAINING CAPTAIN AND A VEHICLE AND OFFICE EQUIPMENT FOR THE ASSISTANT FIRE CHIEF The Fire Department has requested a new vehicle for use by the Fire Training Captain and a vehicle and office equipment for the Assistant Fire Chief. These purchases are required due to organizational changes that have been made recently in order to address the growth of the City and the associated increase in administrative and emergency responsibilities. (Fire Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Petra E. Barajas, 266-A Church Avenue, spoke regarding a newspaper article written by Horacio Renteria and published on August 4th and about information submitted at the last Council meeting concerning Mayor Horton. Larry Perondi, principal of Chula Vista High School, asked the Council to support Proposition BB on the November ballot, a measure which will provide much needed funding for school renovation projects. Page 4 - Council Minutes 08/15/00 OTHER BUSINESS 11. CITY MANAGER'S REPORTS City Manager Rowlands reminded the Council of the Capital Improvement Project tour scheduled for Saturday, August 19, from 9:00 a.m. to noon. 12. MAYOR'S REPORTS A. B. ACTION: Ratification of appointment to the Child Care Commission - Myllissa McCann Ratification of appointment to the Charter Review Commission - Sergio Feria Mayor Horton moved to ratify the appointments of Myllissa McCann to the Child Care Commission and Sergio Feria to the Charter Review Commission. Councilmember Davis seconded the motion, and it carried 5-0. 13. COUNCIL COMMENTS A. ACTION: Councilmember Padilla: Ratification of appointment to the Economic Development Commission - Dr. Carl A. Nelson Councilmember Padilla moved to ratify the appointment of Dr. Nelson to the Economic Development Commission. The motion carried 5-0. At 7:55 p.m., Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 14 A. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee Organization: Chula Vista Employees Association ACTION: Instructions were given to the Negotiator. B. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case ACTION: Instructions were given to Counsel. C. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) City of Chula Vista v. Stephen & Mary Birch Foundation, Inc., et ai, Case no. SDSC GIC -743256-1 ACTION: Instructions were given to Counsel. Page 5 - Council Minutes 08/15/00 ADJOURNMENT: At 7:55 p.m. Mayor Horton adjourned the meeting to an Adjourned Regular Meeting at 9:00 a.m. on Saturday August 19, 2000 for the purpose of touring capital improvement projects, and thence to the Regular Meeting of August 22, 2000, at 6:00 p.m. Respectfully submitted, ~~l.U.c1.J-f :\.p.....d {) ) Susan Bigelow, CMC/AM, City Clerk Page 6 - Council Minutes 08/15/00 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUGUST 22, 2000 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Counci1members Davis, Moot, Salas, and Mayor Horton. (Deputy Mayor Moot arrived at 6:11 p.m.) ABSENT: Counci1member Padilla ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY OATH OF OFFICE: CHILD CARE COMMISSION - MYLLISSA MCCANN OATH OF OFFICE: CHARTER REVIEW COMMISSION - SERGIO FERIA OATH OF OFFICE: ECONOMIC DEVELOPMENT COMMISSION - DR. CARL A. NELSON City Clerk Bigelow administered the Oaths of Office to Myllissa McCann and Dr. Nelson., and Councilmember Davis presented them with certificates of appointment. Sergio Feria was not present. PRESENTATION BY A REPRESENTATIVE FROM THE CALIFORNIA ENERGY COMMISSION OF A "1999 ACES AWARD" TO BRAD REMP, BUILDING OFFICIAL, AND GORDON MURDOCH, DEPUTY BUILDING OFFICIAL, FOR ASSURING COMPLIANCE WITH ENERGY STANDARDS California Energy Commission representative Jo1m Each presented City staff Brad Remp and Gordon Murdoch with the "1999 Aces Award" in recognition of their efforts in assuring compliance with energy standards. RECOGNITION OF THE POLICE DEPARTMENT'S EMPLOYEES RECENTLY PROMOTED TO SERGEANT AND AGENT. SERGEANTS: DAVID EISENBERG, WILLIAM CLINE, AND LON TURNER; AGENTS: KENNETH HEINZ, MATHEW HARDESTY, AND REID WALKER Chief Emerson introduced the recently promoted Sergeants and Agents. Included in the promotions was Sergeant Bruce Theisen. Mayor Horton congratulated the Sergeants and Agents on their promotions and thanked them for their hard work in keeping the City a safe place in which to live. CONSENT CALENDAR (Items 1 through 8) 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of aGtions taken in Closed Session on August 15,2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 2. RESOLUTION NO. 2000-299, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA PUBLIC LIBRARY'S MEMBERSHIP IN THE TIERRA DEL SOL REGIONAL LIBRARY NETWORK AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMBERSHIP AGREEMENT The Tierra Del Sol Regional Library Network is a state-funded program to support cooperative resource sharing and service delivery among libraries of all types throughout the state of California. It will eventually supersede the Serra Cooperative Library System that was formed under the California Library Services Act. Each potential member of the Tierra del Sol Regional Library Network is required to complete an application for membership, which includes authorization to participate by its governing board or appropriate administrative authority. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2000-300, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND FOR THE REMOVAL OF POLES AND OVERHEAD FACILITIES WITHIN UNDERGROUND UTILITY DISTRICT NO. 128, ALONG BROADWAY FROM "c" STREET TO "E" STREET On January 18, 2000, Council held a public hearing and approved Resolution No. 2000- 020 establishing Underground Utility District No. 128 along Broadway from C Street to E Street. In accordance with Section 15.32.150 of the Chula Vista Municipal Code, Resolution No. 18177 states that Council shall, by subsequent resolution, set the date upon which affected property owners must be ready to receive underground service and the date by which SDG&E shall remove utility poles, overhead wires and associated structures. The conversion of overhead utilities to underground is to be completed by April 30, 2001. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4 A. RESOLUTION 2000-301, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "A" MAP NO.1 FOR OTAY RANCH SPA ONE VILLAGE ONE WEST, CHULA VISTA TRACT NO. 98-06, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE LANDSCAPE BUFFER EASEMENTS, THE PUBLIC DRAINAGE EASEMENTS, THE PEDESTRIAN, Page 2 - Council Minutes 08/22/2000 CONSENT CALENDAR (Continued) BICYCLE AND CART EASEMENTS, THE SIDEWALK EASEMENTS, THE EMERGENCY ACCESS EASEMENTS, THE ASSIGNABLE LIGHT RAIL EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT, REJECTING ON BEHALF OF THE PUBLIC THE EAST PALOMAR STREET RIGHT-OF-WAY, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST FOR OPEN SPACE LOTS C, D, E, F, G, H AND LOT I FOR PUBLIC PARK PURPOSES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2000-302, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 98-06, PORTION OF VILLAGE ONE WEST, OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION NO. 2000-303, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF DEDICATION OF PUBLIC STREET AND OTHER PUBLIC PURPOSES, THE EASEMENT FOR DRAINAGE PURPOSES, THE EASEMENT FOR SIDEWALK PURPOSES AND THE ASSIGNABLE AND IRREVOCABLE EASEMENT FOR GENERAL UTILITY PURPOSES FOR A CERTAIN OFF-SITE PORTION OF EAST PALOMAR STREET On August 17, 1999, by Resolution No. 19572, Council approved a Tentative Subdivision Map for Chu1a Vista Tract 98-06, Otay Ranch SPA One, Village One West. Condition No. 15 of the resolution requires the developer to submit and obtain the City's approval of a master final map ("A" Map) of the tentative map showing "super block" lots. The "A" map is also required to show the public street dedications and backbone utility easements required to serve the super block lots. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2000-304, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH SPA ONE, VILLAGE 5, UNITS 9 AND 12 (PORTIONS OF NEIGHBORHOODS R-37 AND R-38), ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS AND THE PEDESTRIAN ACCESS EASEMENT ON UNIT 9, AND APPROVING TWO "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Adoption of the resolution approves the Final "B" Maps for Units 9 and 12 of Otay Ranch Village 5 (CVT 96-04) and associated agreements. The Subdivision Improvement Agreements are executed by Otay Ranch V, LLC, as owners. On April 20, 1999, Council approved the agreement for the financing and construction of Olympic Parkway and related roadway improvements. The approval of the subject Final Maps is consistent with the cumulative equivalent dwelling unit threshold established by said agreement. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 08/22/2000 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2000-305, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ANIMAL SHELTER SIDEWALK IMPROVEMENT PROJECT (ST-525) AT BEYER WAY AND FOURTH AVENUE On July 19, 2000, the Director of Public Works received sealed bids for this project. The general scope of the project involves the construction of curb, gutter and sidewalk, the reconstruction of the existing pavement, and other work necessary to complete the project adjacent to the City's animal care facility, located at the intersection of Beyer Way and Fourth Avenue. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7 A. RESOLUTION NO. 2000-306, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST), DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT B. RESOLUTION 2000-307, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO.1 C. ORDINANCE NO. 2820 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT D. ORDINANCE NO. 2821 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO. 1 On August 1, 2000, Council held a public hearing approving the resolutions making preliminary findings, passing upon protest and approving the Special Tax Report, authorizing submittal of levy of special taxes and annexation of certain territory in the future to Community Facilities Districts Numbers 99-2 (CFD 99-2) and 97-2 (CFD 97-2, Preserve Maintenance District). On August 15,2000, in the Office of the City Clerk, the property owners held an election and voted upon the formation of the district and to authorize the levy of a special tax lien on property within CFD 99-2 and CFD 97-2. The election results were unanimously in favor of the district formation and levy of lien. The Page 4 - Council Minutes 08/22/2000 CONSENT CALENDAR (Continued) proceedings also provide a mechanism for the future annexation actions to be initiated by the applicant to bring certain parcels into CFD 99-2 and CFD 97-2. The Rate and Method has considered and taken into account the future annexation application and has indicated the maximum special tax upon completion of the annexation proceedings. This particular CFD 99-2 will fund the perpetual operation and maintenance of certain landscape improvements including, but not limited to, the large slope areas facing Olympic Parkway, Paseo Ranchero, Telegraph Canyon, East Palomar and the Trolley Corridor within the Otay Ranch SPA One - Village One West. In addition, CFD 99-2 district liens will take over the obligations of Village One West with regard to CFD 98-1, the Interim Open Space Maintenance District, and a Notice of Special Tax Lien Cancellation will be filed 30 days after the CFD 99-2 certified vote is approved by Council. The formation of CFD 99-2 will also require the annexation to "Improvement Area A" ofCFD 97-2. (Director of Public Works) Staff recommendation: Council adopt the resolutions and place the ordinances on first reading. 8. RESOLUTION NO. 2000-308, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A CATASTROPHIC LEAVE POLICY FOR EMPLOYEES IN THE EXECUTIVE, SENIOR MANAGEMENT, MIDDLE MANAGEMENT, CONFIDENTIAL, CHULA VISTA EMPLOYEES ASSOCIATION, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, CHULA VISTA POLICE OFFICERS ASSOCIATION, AND WESTERN COUNCIL OF ENGINEERS EMPLOYEES GROUPS This policy gives City employees the ability to donate their existing vacation, floating holiday, management leave and/or compensatory time to other employees who are required to be absent from work due to their own injury or prolonged illness or to care for an immediate family member. (Director of Human Resources) Staff recommendation: Council adopt the resolution. Councilmember Salas stated that a disclosure statement submitted by the applicant for Consent Calendar Item #4 was in error, in that it indicated a contribution to her in excess of $250, which was not the case. Therefore, she had no conflict of interest in voting on the item. ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. ORAL COMMUNICATIONS Congressman Bob Filner, 333 F Street, updated the Council on the energy crisis and a potential disaster that could impact many businesses, possibly forcing them to close. He stated that he had asked the White House to investigate the manipulation of prices, and he suggested that the City take control of its own energy future and consider developing its own power plant. Page 5 - Council Minutes 08/22/2000 ORAL COMMUNICATIONS (Continued) William Claycomb, 409 Palm Avenue, Suite 100, Imperial Beach, representing Save Our Bay Inc., elaborated on his letter sent to the Honorable Dede Alpert and on excerpts from articles in the Union-Tribune of August 1, 2000 regarding energy and power plants. Tracey Abston, 950 Nacion Avenue, spoke regarding speeding traffic in her neighborhood and asked that speed bumps be installed. Mayor Horton asked staff to investigate the matter and report back to Council. Petra Barajas, 266-A Church Avenue, expressed concern regarding the Child Link Program and alerted the audience and parents of young children to reject the program, referencing a Star News article dated August 11, 2000. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. CONSIDERATION OF A REQUEST TO AMEND THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN TO MOVE THE HIGH SCHOOL SITE IN VILLAGE TWO TO A LOCATION IN VILLAGE TWO ACCEPTABLE TO THE SWEETWATER UNION HIGH SCHOOL DISTRICT (PCM 00-14) The Otay Ranch Company has applied to amend the Otay Ranch Sectional Planning Area (SPA) One Plan to move the current location of the Village Two high school (a 50 net acre site) approximately 700 feet to the east in Village Two, to a site acceptable to the Sweetwater Union High School District. The SPA One amendment updates the proposed location of the high school site in Village Two and is consistent with the City of Chula Vista General Plan amendment and Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) amendment. The City's Environmental Review Coordinator has determined that any impacts associated with the proposed Otay Ranch Sectional Planning Area One (SPA) Plan amendment relocating the Village Two high school site have been previously identified in amended SPA One Plan FEIR 97-03 and has, therefore, prepared an addendum to that document. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Planner Whipple presented the proposal to the Council and audience. Mayor Horton opened the public hearing. With no members of the public wishing to speak, the hearing was closed. ACTION: Deputy Mayor Moot offered Resolution No. 2000-309, heading read, text waived: RESOLUTION NO. 2000-309, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN INCLUDING THE SPA ONE PUBLIC FACILITIES FINANCE PLAN TO MOVE THE CURRENT LOCATION OF THE VILLAGE TWO HIGH SCHOOL The motion carried 4-0. Page 6 - Council Minutes 08/22/2000 PUBLIC HEARINGS (Continued) 10. CONSIDERATION OF APPROVAL OF THE TENTATIVE SUBDIVISION MAP KNOWN AS EASTLAKE TRAILS NORTH, CHULA VISTA TRACT 00-03, FOR A 207-LOT SUBDIVISION ON 30.6 ACRES AT THE SOUTHEAST CORNER OF OTAY LAKES ROAD AND HUNTE PARKWAY WITHIN THE EASTLAKE TRAILS PLANNING COMMUNITY (PCS 00-03) The EastLake Company submitted an application requesting approval of a tentative subdivision map known as EastLake Trails North, TN-5 and TN-6, Chula Vista Tract 00- 03, in order to subdivide 30.6 acres into 207 single-family lots, four open space lots, and associated street improvements. The site is located at the southeast corner of Hunte Parkway and Otay Lakes Road, within the EastLake Trails planning community. The Environmental Review Coordinator has determined that environmental review for this project was covered under previous FSEIR 97-04, EastLake Trails/Greens Re-planning Program, and, therefore, no further action is necessary. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Associate Planner Steichen explained the project to the Council and audience. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. Mayor Horton asked staff to report on actions taken to ensure that the scenic corridors are enhanced and protected. Planning Director Leiter stated that staff will report back on the design review process for the project. He also stated that the design guidelines are being updated to address all facades of buildings. ACTION: Mayor Horton offered Resolution No. 2000-310, heading read, text waived: RESOLUTION NO. 2000-310, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS NORTH, CHULA VISTA TRACT 00-03 The motion carried 4-0. ACTION ITEMS 11. RESOLUTION NO. 2000-311, RESOLUTION APPROVING A CHANGE ORDER AND APPROPRIATING $170,563 FROM THE GENERAL FUND BALANCE AND UNANTICIPATED REVENUE FROM IMPERIAL BEACH ($103,571) AND LEMON GROVE ($21,666) FOR CONSTRUCTION OF A FOURTH BANK OF KENNELS AT THE NEW ANIMAL CARE FACILITY AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY Page 7 - Council Minutes 08/22/2000 ACTION ITEMS (Continued) On March 7, 2000, Council adopted Resolution No. 2000-077, accepting bids and awarding the construction contract for the City's animal care facility to C & S Doctor, Inc., in the amount of $1,904,856. The contract provides for the construction of a 7,800 square-foot animal care facility with offices and medical facilities. The facility includes three banks of 28 kennels each, for a total of 84 kennels. Council was informed that staff would return with a recommendation to construct a fourth bank of kennels if sufficient revenues from contractual animal control services were identified. Through agreements with the cities of Imperial Beach and Lemon Grove, $168,.571 is anticipated to be paid by July 2002. It is also anticipated that a renegotiation of the contract with the City of National City will secure the remaining expenditure associated with the fourth bank. (Chief ofPolicelDirector of Public Works) ACTION: Mayor Horton offered Resolution No. 2000-311, heading read, text waived. The motion carried 4-0. 12. RESOLUTION NO. 2000-312, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING THE CITY MANAGER TO CONDUCT FURTHER ANALYSIS REGARDING THE PURCHASE OF SR-125 TOLL ROAD FRANCHISE The City has retained the firm of Smith and Kempton to assist the City in efforts to assure that SR-125 is constructed in a timely manner. This facility is a crucial transportation element to serve the new developments in eastern Chula Vista and the entire eastern South Bay of San Diego County. At the Council meeting of May 2, 2000, Council directed staff to investigate the necessary actions and commitments needed for the City to be involved in a public toll road. A report from Smith Kempton outlines the necessary actions and studies required before considering entering into a joint powers agreement for ownership and operation of the toll road. (Director of Public Works) Public Works Director Lippitt introduced Smith and Kempton representatives, Will Kempton and Mark Watts. Mr. Kempton reviewed the report and recommendations as contained in the proposed resolution. Councihnember Salas asked if it were possible for private financing and road construction to move forward at the same time that a joint power agreement for purchase of the road is being explored. Mr. Kempton responded affirmatively, stating that the firm is looking at all options. ACTION: Mayor Horton offered Resolution No. 2000-312, heading read, text waived. The motion carried 4-0. 13. RESOLUTION NO. 2000-313, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH OTAY WATER DISTRICT TO LOCATE RECLAIMED WATER FACILITIES WITHIN THE PROPOSED EASTLAKE GREENS "SPORTS PARK" Page 8 - Council Mioutes 08/22/2000 ACTION ITEMS (Continued) The Otay Water District proposes to locate an underground concrete reclaimed water reservoir, an on-grade pump station and accompanying access easements at the future EastLake Greens "Sports Park," for which improvement plans are currently under review. (Director of Public Works) ACTION: Mayor Horton offered Resolution No. 2000-313, heading read, text waived. The motion carried 4-0. OTHER BUSINESS 14. CITY MANAGER'S REPORTS City Manger Rowlands reported that Council workshops were scheduled on September 16th, 9:00 a.m. to noon, regarding the siting of the new Police facility; and on October 12th, 4:00 p.m., regarding the Eastern Urban Center Development Plan. 15. MAYOR'S REPORTS A. Ratification of appointment to the International Friendship Commission - Carmelita Vinson. ACTION: Mayor Horton moved to ratify the appointment of Carmelita Vinson to the International Friendship Commission. Councilmember Salas seconded the motion, and it carried 4-0. B. Consideration of authorizing a member of the City Council to prepare arguments relating to ballot measure(s) to appear on the November 7, 2000 ballot. ACTION: Councilmember Davis moved to authorize measure in support of three-term limits. Councilmember Salas abstaining. Deputy Mayor Moot to sign the The motion carried 3-0-1, with 16. COUNCIL COMMENTS Deputy Mayor Moot commented on an article published in the Union Tribune regarding the Otay Water Authority rebates to customers in the amount of$1.5 million dollars and stated that it was good to see rates being lowered. CLOSED SESSION 17. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case ACTION: Instructions were given to Counsel. Page 9 - Council Minutes 08/22/2000 ADJOURNMENT: At 8:20 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of September 12, 2000. Respectfully submitted, ~d..U~O~ Susan Bigelow, CMC/AAE, City Clerk Page 10 - Council Minutes 08/22/2000 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SEPTEMBER 12, 2000 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton (Deputy Mayor Moot arrived at 6:06 p.m.) ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, LORRAINE ALEXANDER, SECRETARY - FIRE DEPARTMENT Assistant Fire Chief Perry introduced the City's employee of the month and the Fire Department's employee of the year, Lorraine Alexander. Mayor Horton presented the proclamation to Ms. Alexander. . OATH OF OFFICE: INTERNATIONAL FRIENDSHIP COMMISSION CARMELlTA VINSON City Clerk Bigelow administered the Oath of Office to Carmelita Vinson, and Deputy Mayor Moot presented Ms. Vinson with a certificate of appointment. . RECOGNITION OF THE FIRE DEPARTMENT'S RECENTLY PROMOTED EMPLOYEES Assistant Fire Chief Perry introduced two recently promoted Fire Department staff, Fire Marshall Jim Geering and Fire Captain and Training Officer Bob Ziomek, Jr. CONSENT CALENDAR (Items 1 through 16) Mayor Horton noted that Consent Calendar Item #13 would be continued as requested by staff and that Supervisor Cox would comment on Item #2D. 1. APPROVAL OF MINUTES - November 30, 1999 through June 20, 2000 Staff recommendation: Council approve the minutes. CONSENT CALENDAR (Continued) 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on August 22, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter from Manny Ramirez regarding a request for easier bicycle access to Southwestern College through an opening in the wall on Gotham Street. Staff recommendation: The item be referred to staff. C. Letter from James Lissner regarding the cost of Police report copies. Staff recommendation: The item be referred to staff and an information item be forwarded to Council on the findings of staff s research and the proposed action to be taken. D. Letter from Supervisor Greg Cox regarding a proposal to provide the County of San Diego with the land to accommodate a 10,000 square-foot building that would house a new Bonita-Sunnyside Library and an adjoining conference room. Staff recommendation: The item be referred to staff. 3 A. ORDINANCE NO. 2820, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (2ND READING AND ADOPTION) B. ORDINANCE NO. 2821, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO. I (2ND READING AND ADOPTION) These ordinances authorize the levy of the special taxes and authorize Council, acting as the legislative body of the districts, to annually determine the special taxes to be levied under certain conditions. The ordinances also authorize the collection of the special taxes in the same manner as ad valorem property taxes and are subject to the same procedure and collection schedule. Both ordinances were introduced at the Regular Meeting held on August 22,2000. (Director of Public Works) Page 2 - Council Minutes 09/12/2000 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2000-314, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $4,701 FROM THE BULLETPROOF VEST GRANT, AMENPING THE FISCAL YEAR 2000-2001 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $4,701 FOR BODY ARMOR (4/5THS VOTE REQUIRED) On May 16, 2000, the Police Department applied for funding for vests under the Bulletproof Vest Program. In July 2000, the Department was notified by the Bureau of Justice Assistance that the application was approved. The grant award will partially fund 26 vests; matching funds will come from the Police Department budget. (Chief of Police) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-315, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $11,650 FROM THE COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT GANG RESISTANCE EDUCATION AND TRAINING (GREAT) GRANT, AMENDING THE FISCAL YEAR 2000-2001 POLICE BUDGET, AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $11,650 FOR OVERTIME AND TRAVEL EXPENSES RELATED TO THE PROGRAM (4/5THS VOTE REQUIRED) The County of San Diego Sheriffs Department has received a one-year grant from the U.s. Department of Treasury, Bureau of Alcohol, Tobacco and Firearms to operate a gang prevention program known as Gang Resistance Education and Training (GREAT) for South Bay area schools. The program includes officers from the Chula Vista Police Department. The funds will be used for overtime and travel expenses related to the program. (Chief of Police) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2000-316, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACCEPTING $1,000 FROM THE COUNTY OF SAN DIEGO'S COMMUNITY PROJECTS PROGRAM, AMENDING THE FISCAL YEAR 2000-2001 POLICE BUDGET AND APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $1,000 FOR MOUNTED PATROL EQUIPMENT (4/5THS VOTE REQUIRED) The Chula Vista Mounted Patrol Volunteer Unit received an award of $1,000 from the County of San Diego's Community Projects Program. The Community Projects Program was developed by the County Board of Supervisors to fund local community groups. The funds will be used to purchase and repair equipment for the Chula Vista Mounted Police Volunteer Unit. (Chief of Police) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 09/12/2000 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2000-317, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DECLINING PARTICIPATION IN THE 1999-2000 JlNENILE ACCOUNT ABILITY INCENTIVE BLOCK GRANT PROGRAM AND SUPPORTING TRANSFER OF $42,308 FROM THE PROGRAM TO THE COUNTY OF SAN DIEGO TO ENHANCE THE REGIONAL JUVENILE INFORMATION SYSTEM The Federal Office of Juvenile Justice and Delinquency Prevention is continuing with the Juvenile Accountability Incentive Block Grant monies available through the California Office of Criminal Justice Planning. A total of $1.3 million is available to the San Diego region, and it is proposed that all of the agencies in the County pool resources, which would enhance accountability and put juvenile offenders back on track. (Chief of Police) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2000-318, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE SAN DIEGO DEFENSE AND SPACE TECHNOLOGY CONSORTIUM AND ENCOURAGING ITS EFFORTS TO SUPPORT AND PROMOTE CHULA VISTA'S ADVANCED COMMERCIAL TECHNOLOGIES The San Diego Defense and Space Technology Consortium is a non-profit Mutual Benefit Corporation organized in August of 1997 under the California Non-Profit Mutual Benefit Corporation Law. There are numerous companies, laboratories, and universities located in the San Diego region specializing in the research and development of advanced defense and space technologies. The establishment of the Consortium notifies the Department of Defense that the City of Chula Vista and the San Diego region have the resources necessary to compete for high-tech projects. (Director of Community Development) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2000-319, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH SPA ONE, VILLAGE 5, UNITS 8 AND 10 (PORTIONS OF NEIGHBORHOODS R-35 AND R-36), ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, APPROVING TWO "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Adoption of the resolution approves the Final "B" Maps for Units 8 and 10 of Otay Ranch Village 5 (CVT 96-04) and associated agreements. The Subdivision Improvement Agreements are executed by Otay Ranch V-2, LLC as owners. On April 20, 1999, Council approved the agreement for the financing and construction of Olympic Parkway and related roadway improvements. The approval of the subject Final Maps is consistent with the cumulative equivalent dwelling unit threshold established by said agreement. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes 09/12/2000 CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2000-320, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH THE FIRM OF BROWN, DIVEN, HESSELL, & BREWER LLP TO ASSIGN THE AGREEMENT TO BEST BEST & KRIEGER, LLP TO PROVIDE LEGAL SERVICES RELATED TO INFRASTRUCTURE FINANCING DISTRICTS WITHIN THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT On March 16, 1999, Council approved an agreement with Brown, Diven, Hessell & Brewer LLP to provide bond counsel services within the Otay Ranch Territory. A partner of the firm, Mr. Diven, has changed firms. The amendment before Council tonight will assign the contract to the new firm, Best Best and Krieger, LLP. (Director of Public Works) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2000-321, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THE FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATES FOR THE INTERCHANGE OF INTERSTATE 805 AT OLYMPIC PARKWAY AND FOR OLYMPIC P ARKW A Y FROM MELROSE AVENUE TO EAST OF OLEANDER AVENUE, WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY On January 23, 1996, Council approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805, at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street. Since then, due to additional work requirements by Caltrans, seven amendments to this contract have been made. These amendments were approved by Council on January 21, 1997, May 20, 1997, August 5, 1997, November 17,1998, July 13, February 22, 2000, and June 20, 2000. The eighth amendment to the contract provides for final design drawings of the Olympic Parkway interchange, including Olympic Parkway from Melrose Avenue to east of Oleander Avenue. The design includes preparation of plans, specifications and estimates. (Director of Public Works) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2000-322, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT OF FISCAL YEAR 2000- 2001 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM AND APPROPRIATION OF $35,000 TO SUPPORT THE CHULA VISTA VISITOR INFORMATION CENTER (4/5THS VOTE REQUIRED) Page 5 - Council Minutes 09/12/2000 CONSENT CALENDAR (Continued) At its meeting of April 18, 2000, Council approved the submission to SANDAG and MTDB of the Fiscal Year 2000/2001 Claim for Transportation Development Act (TDA) Article 4.0 funds to support Chula Vista Transit operations and capital procurements. The City's TDA Fiscal Year 2000/2001 claim needs to be amended in the amount of $1,034,022. Thirty-five thousand dollars will be used to support the operation of the Chula Vista Visitor Information Center located at the Bayfront/E Street Trolley Station; and $999,022, based on Council action August 15, 2000, will be used to assist in the fmancing of the new Corporation Yard. The additional funds will be used for transit's cost share of the new Corporation Yard. (Director of Public Works) Staff recommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CLAUDIO ESTRADA FOR THE PAYMENT OF SEWER CONNECTION FEES AT 285 SHIRLEY STREET AND AUTHORIZING THE CITY ENGINEER TO APPROVE SAID AGREEMENT AND FUTURE SEWER CONNECTION PAYMENT AGREEMENTS FOR REMAINING RESIDENTS ON SHIRLEY STREET The purpose of the agreement is to allow Claudio Estrada, owner of the property at 285 Shirley Street, to connect his residence to the public sewer main in Shirley Street and pay the sewer connection fees of $6,290 over a ten-year period with six percent interest. (Director of Public Works) Staff recommendation: Council continue the item to a future meeting. 14. RESOLUTION NO. 2000-323, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY PROMOTIONS GROUPS FOR EXPENDITURE OF CITY FUNDS The Fiscal Year 2000/2001 budget includes the funding of various community promotions organizations. Council considered requests from these groups, and the following funding was included in the Fiscal Year 2000/2001 adopted budget: Miss Chula Vista Pageant - $2,000, Gretchen Evans (Library Concerts) - $1,650, U.N. Day Committee - $350 and Bonitafest - $2,410. Agreements have been prepared between the City and each of these agencies setting out the terms and conditions for receiving City funding. (Director of Budget and Analysis) Staff recommendation: Council adopt the resolution. IS. RESOLUTION NO. 2000-324, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE BUDGET ALLOCATION FOR THE RECYCLING AND CONSERVATION EDUCATION PROGRAM BY $62,077.42 FOR FISCAL YEAR 2000/2001 AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Page 6 - Council Minutes 09/12/2000 CONSENT CALENDAR (Continued) State statute requires that the Department of Conservation, Recycling Division divide $15 million per year among cities and counties with "curbside" recycling programs. These funds are generated as a result of the Litter Reduction and Recycling Act, which placed a 2.5 to 5.0 cents deposit on containers. The City's curbside and multi-family programs are both eligible for deposit refunds, and those revenues are used to reduce the cost of the monthly refuse rates. The annual payment is a bonus paid to the curbside operators based on volume recycled. The Solid Waste and Recycling Franchise Agreement with Pacific/Allied Waste requires that they transfer this annual bonus payment to the City for recycling education. The Special Operations annual budget approved by Council anticipated $48,000.00 from the Department of Conservation, Recycling Division. The City has received $110,077.42 from Allied Waste based on the payment made to them by the Recycling Division. (Special Operations Manager) Staff recommendation: Council adopt the resolution. 16. RESOLUTION NO. 2000-325, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE IN THE AMOUNT OF $26,000 FOR HARBOR DAYS, $22,500 FOR THE "SUMMER LEGACY" CONCERT AND $12,000 FOR THE TASTE OF THE ARTS BY THE BAY This spring, the City submitted a financial assistance request to the San Diego Unified Port District (Port) for partial funding of the Chula Vista Harbor Days & Tall Ship Festival, the "Summer Legacy" concert, and Taste of the Arts By The Bay. The Board of Port Commissioners approved funding of$60,500 at a meeting in July 2000, and the Port requires that the City enter into formal agreements that stipulate conditions and City requirements for receipt of the approved funding. This resolution executes those agreements. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. With regard to Consent Calendar Item #2D, County Supervisor Greg Cox introduced residents of Bonita and the Sunnyside area who support the construction of a new library facility, and he asked the City Council to support the proposal. ACTION: Deputy Mayor Moot moved to approve staffs recommendations, noting that Item #13 was continued, and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Gloria Samson, 1395 Hilltop Drive, representing Castle Park High School, spoke regarding Proposition BB, a bond issue on the November ballot. Stating that classrooms are overcrowded and infrastructure improvements are badly needed, she encouraged the citizens of Chula Vista to support the bond measure. Page 7 - Council Minutes 09/12/2000 ORAL COMMUNICATIONS (Continued) Helen Sterling, 9 Via Ven Eto, representative of the American Legion in Chula Vista, invited the Council to attend the Boys and Girls State Reception at 47 Fifth Avenue on Sunday, October 1, 2000, at 5 :00 p.m. Petra Barrajas, 266-A Church Avenue, commented on Congressman Bob Filner's "Business as Usual" Union Tribune article dated August 24, 2000. Ms. Barrajas also discussed consequences that should be imposed on Councilmembers arriving late at meetings and the present electric power cnSlS. PUBLIC HEARINGS 17. CONSIDERATION OF A PROPOSAL TO AMEND THE MUNICIPAL CODE (SECTION 19) REGARDING DESIGN REVIEW COMMITTEE MEMBERSHIP, SCOPE OF RESPONSIBILITIES, AND PROCEDURES On June 13,2000, Council directed staff to process amendments to the Zoning Ordinance addressing the design review process. The proposed, modified Code language addresses Design Review Committee membership, scope of responsibilities and procedures. All proposed amendments have been written to carry out the Council's intent of further improving the design review process. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Assistant Planning Director Sandoval discussed the proposed design review procedures, including duties and responsibilities, appeals and code changes, membership, quorums, and continuances. Deputy Mayor Moot proposed an amendment to the appeals process to give an applicant the option to appeal a decision to either the Planning Commission or the City Council. Councilmember Padilla supported the amendment. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Mayor Horton offered Ordinance No. 2822, as amended by Deputy Mayor Moot, heading read, text waived: ORDINANCE NO. 2822, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS 19.14.581, 19.14.582, 19.14.583, 19.14.584, AND 19.14.587 OF THE MUNICIPAL CODE, AND ADDING SECTION 19.14.591 TO THE MUNICIPAL CODE REGARDING DESIGN REVIEW COMMITTEE MEMBERSHIP, SCOPE OF RESPONSIBILITIES, AND PROCEDURES The motion carried 5-0. Page 8 - Council Minutes 09/12/2000 ACTION ITEMS 18. REPORT PROVIDiNG AN UPDATE ON THE CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN The Multiple Species Conservation Program (MSCP) is a comprehensive, long-term habitat conservation plan that addresses the needs of multiple species and the preservation of natural vegetation communities in south San Diego County. The Subarea Plan for the City of Chula Vista is the policy document through which the South County program is implemented locally. The Subarea Plan will form the basis for federal and state permits to allow development where impacts to sensitive species habitat will occur. City staff has responded to a variety of issues identified by the wildlife agencies. Staff expects to bring a revised draft Subarea Plan before the Council for adoption in October. This report provides Council with an update on activities undertaken to complete the plan, future steps to be taken, and issues being addressed. (Director of Planning and Building) Planning Director Leiter introduced consultant Laurie McKinley, who presented Council with the MSCP update on activities undertaken to complete the plan, future steps to be taken, and issues being addressed. The main topics discussed in the report included: plan implementation; special protections for covered narrow endemic species; infrastructure; preserve adjustments; preserve management goals, activities and cost estimates; preserve funding; special preserve management studies; and the anticipated schedule for Chula Vista take authorization. Deputy Mayor Moot requested that language be changed from "may" to "shall" with reference to designated recreation land that may need to be reconfigured in order to preserve areas that cover narrow endemic species. Planning Director Leiter stated that staff would check the overall wording to ensure the language and intent are clear for future negotiations and discussions. Kim Kilkenny, representing the Otay Ranch Company, stated that Chula Vista's plan is the best in the region and in the nation, but the City needs to be aware of risks associated with the program. He suggested that senior managers of the wildlife agencies be invited to the hearing in October so that Council's questions can be asked and answered for the record. Mr. Kilkenny felt that the City has not been well treated by the federal agencies, and he urged the Council to so inform its congressional delegation, as well as SANDAG. He also cautioned the Council to be wary regarding the increasing power of the federal government over local land use issues. . Jim Whalen, representing Bella Lago, agreed that Chula Vista's plan is the best in the County, with the best habitat set aside, but he urged the Council to ensure that the Keno butterfly is included. Regarding the issue of increased federal control of land use, Mr. Whalen suggested that Congressman Filner work with the federal government at the Interior level. He also stated that staff needs to follow through with implementation of the plan. Dave Gatzke, representing Pacific Bay Homes and Rolling Hills Ranch, expressed concern regarding the impact of the MSCP plan on previously approved developments. He requested support in streamlining the process to amend any future changes required. Deputy Mayor Moot stated he could not support the program unless a firm commitment is given by the Environmental Protection Agency that it will accept the agreements. He stated that the federal government should only need one approval, yet Chula Vista has been stonewalled by having the process stalled and delayed. In exchange for this plan, Chula Vista citizens should not have to sit in congested traffic to get to a major roadway in order to get out of the City. Page 9 - Council Minutes 09/1212000 ACTION ITEMS (Continued) Councilmember Davis suggested that the City ask its representatives to assist in letting the federal government know that local government wants control in deciding what is best on a local level, and the Environmental Protection Agency needs to work with the City. She stated that the regulatory agencies have gone too far, and that SR 125 needs to be included in the agreement. Councilmember Padilla stated the need to assure that understandings reached between the City and federal agencies remain consistent and cannot be changed midstream. ACTION: Mayor Horton moved to accept the report. Councilmember Padilla seconded the motion, and it carried 5-0. 19. CONSIDERATION OF ADOPTION OF RESOLUTIONS A) ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD; AND B) MODIFYING COUNCIL POLICY NUMBER 574-01 GIVING THE CITY MANAGER APPROVAL AUTHORITY AT HIGHER FINANCIAL LEVELS ON CHANGE ORDERS On July 18,2000, Council approved Resolution 2000-245 approving an agreement with Highland Partnership, Inc., for the provision of Construction Manager/Constructor services required for the construction of the Corporation Yard project. On August 15, 2000, Council approved Resolution 2000-297 appropriating $23,951,213 in additional project funds and approximately $13,400,000 for borrowing costs on the new Corporation Yard project. Approval of the first resolution accepts and awards 47 bids covering most of the trade work associated with the construction of the Corporation Yard project. Staff will come back before Council in October with a resolution accepting and awarding all the remaining bids. Approval of the second resolution modifies Council Policy 574-01 on change orders, giving the City Manager approval authority at higher financial levels. (Director of Public Works) A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING ALL CONTRACTS LISTED ON EXHffiIT "A" FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING COUNCIL POLICY NUMBER 574-01 FOR THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD BY ALLOWING THE CITY MANAGER TO AUTHORIZE CHANGE ORDERS UP TO $100,000 PER SINGLE CHANGE ORDER AND $1,000,000 AS THE MAXIMUM AGGREGATE FOR CUMULATIVE CHANGE ORDERS ACTION: It was the consensus of the Council to accept staffs recommendation to continue this item to September 26, 2000. Page 10 - Council Minutes 09/12/2000 OTHER BUSINESS 20. CITY MANAGER'S REPORTS A. Scheduling of meetings. City Manager Rowlands reminded the Council of the workshop to be held on Saturday, September 16, 2000, at 9:00 a.m. in the Council Conference Room, to discuss alternative sites for the new Police facility. 21. MAYOR'S REPORTS A. Ratification of appointment to the Resource Conservation Commission - Pamela Bensoussan. ACTION: Mayor Horton moved to ratify the appointment of Pamela Bensoussan to the Resource Conservation Commission. Councilmember Salas seconded the motion, and it carried 5-0. 22. COUNCIL COMMENTS Councilmember Davis noted that she attended the California League of Cities annual meeting, returning with the Helen Putnam Award for excellence in community services, which will be scheduled for presentation to the Library. She also attended a congressional subcommittee meeting regarding electric rates and indicated that the Commissioners are getting the picture that the County's electric rates are a disaster. In addition, Councilmember Davis suggested that the City consider assisting with legal fees regarding SB402, Mandatory Arbitration, which was discussed at the California League of Cities meeting. Councilmember Salas reported on her attendance at the Town Hall meeting regarding the proposed Cultural Arts Center and also at the first practice of the South Bay Community Choir. ADJOURNMENT At 8:10 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting with the Redevelopment Agency immediately following, and thence to an Adjourned Regular Meeting on September 16, 2000, at 9:00 a.m. in the Council Conference Room, for the purpose of considering possible locations for the future Police Department building, and thence to the Regular Meeting of September 26, 2000, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on September 28, 2000, at 4:00 p.m. in the Council Conference Room, for the purpose of discussing the needle exchange program. Respectfully submitted, - 1&-Uu~g~ Susan Bigelow, CMC/AAE, City Clerk Page 11 - Council Minutes 09/12/2000 i I I MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SEPTEMBER 16, 2000 9:00am An Adjourned Regular Meeting ofthe City Council of the City ofChula Vista was called to order at 9:14 a.m. in the Council Conference Room located in the Administration Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton (Mayor Horton arrived at 9: 16 a.m.) ABSENT: Councilmembers: None ALSO PRESENT: Assistant City Manager Morris, Senior Assistant City Attorney Moore, City Clerk Bigelow 2. REPORT REGARDING THE STATUS OF THE PLANNING AND PROGRAMMING FOR A NEW POLICE HEADQUARTERS AND CONCEPTUAL APPROVAL OF A SITE SELECTION In August 2000, the City Council awarded a contract to Highland Partnership, Inc. to conduct the master planning for a new Police facility and the remodel/expansion of the existing Civic Center. As part of its contract, Highland was to provide the City with site evaluation alternatives and analyses, massing studies, conceptual designs, and preliminary construction budget projections. The purpose of the workshop was to present preliminary findings to the City Council regarding the siting analysis and a recommendation for conceptual site approval. Representatives of High land Partnership presented the report, stating that the ideal site would allow a police headquarters that is inviting to the community, understands emerging technology, maximizes staff efficiency, provides coordinated service delivery, contains community meeting space, has been planned for future growth, and understands the history and unique needs of the community. The Chula Vista police need a full service facility to support the 22nd largest police department in the state, a facility that supports community-oriented policing, a "smart" facility with new technology to provide more efficient and effective operations, a larger facility to accommodate the current and future growth of the police force, a location near the Civic Center to support community govemment and cooperative problem solving, and a location on the west side of the City based on current and future needs for services. The general criteria for selecting a site included a parcel size able to accommodate police programs, a location close to the highest calls for service, a location accessible to the public, project cost and value, and the ability to provide consolidated government services. Five areas of the City were studied, resulting in the identification of seven potential sites. Three sites, the current Corporation Yard, the Mercy building block, and Friendship Park, were selected for further analyses. The advantages and disadvantages of each site were presented, and Friendship Park was recommended for further study. The site allows for strong urban planning connections to the Civic Center, library and Third A venue corridor; is an identifiable, visible location; is convenient for Page 1 - Council Minutes 09/16/00 the public; minimizes interdepartmental travel time; meets the standards for law enforcement use; does not disrupt existing police operations; and does not remove revenue-generating property from the tax rolls. The challenges associated with the site include the integration of the facility with the library and surrounding residential community and the removal of a portion of a City park. It is anticipated, however, that there will be a multi-faceted approach to replace the park, that funds will be set aside to improve and/or create other park facilities in the vicinity of the Civic Center, and that opportunities for pocket parks, linear park area, and seating areas will be maximized in the police headquarters design program, as well as in the overall Civic Center Master Plan area. The site has all utilities in place; sewer, water, gas and electric, telephone and fiber is currently available. The site is also currently accessible from Fourth Avenue, Davidson Street, Glover Avenue, and Garrett Avenue; and there are transit stops on Fourth Avenue and F Street. A costlbenefit comparison of the three highest-ranking sites was presented and indicated an overall cost savings of$10.2 million at the Friendship Park site, as opposed to $400,000 in savings for the Corporation Yard site and $1.3 million in savings for the Mercy block site. Friendship Park, therefore, is the recommended preferred site. Councilmember Padilla expressed the need over the short-term for a replacement of the park land on the west side ofthe City. Councilmember Salas stated that if Friendship Park is used, there needs to be a green buffer of sufficient size between the facility and the surrounding residential neighborhood, and she asked staff to report in the near future on when and how the loss of park land would be mitigated. Jerry Rindone explained that he had not been present for the report presentation; however, he did not believe Friendship Park was an appropriate location. He asked the Council to study other sites in other sections ofthe City and to ensure that amenities provided on the west side are equitable with those in the easterly portion of the City. Councilmember Padilla suggested that Mr. Rindone receive a briefing on the report findings, and he asked Mr. Rindone to publicly support the siting at Friendship Park if he were convinced of its appropriateness after the briefing. ACTION: Deputy Mayor Moot moved to conceptually approve the siting of the new police facility at Friendship Park and to direct staff to prepare detailed site analyses and design, including site, floor and exterior elevations; to look at park land mitigation; and to return to the Council at a Regular Meeting to report on the analyses of the various sites. Councilmember Padilla seconded the motion, and it carried 5-0. ORAL COMMUNlCATlONS There were none. ADJOURNMENT At 11 :05 a.m., Mayor Horton adjourned the meeting to the Regular Meeting of September 26, 2000. Respectfully submitted, -=-"1[' J.....d..L.~f~ Susan Bigelow, CMC/ AAE, City Clerk Page 2 - Council Minutes 09/16/00 CI'IY OF CHUIA VISTA OFFICE OF THE CITY A'I-rORNEY Date September 21, 2000 To: The Honorable Mayor and City Council From John M. Kaheny, City Attorney~ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 9/12/00 The Redevelopment Agency of the City of Chula Vista met in Closed Session on 9/12/00 to discuss: · CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): Agency vs. Rados Bros. [Case No. GIC734557-1] The city Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: lgk 276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619) 409-5823 09/07/00 THU 12:44 FAX 619+427~4246 CHULA VISTA pUBLIC LIB Post~:~ Fax Note 7672 , ,. :~,~ ~ ~o ~./ ~,~ Commen~ OngJn~ ~ Destroy ~ Ratum ~ Calm far pinup I ] T AUG 0 2000 and Pageantry Corps -[ 820 FOURTH AVENUE COUNCIL OFFICES CHULA VISTA. C,~ CHULA VISTA, CALIFORNIA 92010 August l O, 2000 (619) 422-0975 The Honorable Mayor Shirley Horton And the Chula Vista City Council 276 4th Avenue Chula Vista, California 91910 To all it may concern:, On November 11, 2000, the City's namesake school, Chula Vista High School, will sponsor its' annual Band Review, as of now, slated to take place on 4th Avenue. This has been a highly successful event attracting bands and their families from all over California as well as locally to compete in our Review. Chula Vista High School Band is rated one of the best bunds in the state and acts as city representatives wherever they go to compete. They carry the City's banner proudly. This Band Review has also helped to show Chula Vista as one of the centers of the musical arts in Southern California. In the past years, we have been fortunate in having the Chula Vista Police Department in helping us, free of charge, in the organization of, providing security for, and running traffic control along the route of our musical contribution to the city. We are writing to request the generous donation of their help again, with this year's Review. The review is funded solely by the host school band and our funds are seriously limited. The presence of the Police Department has greatly enhanced the smooth running of the event and we realize that their participation is required for it to even take place. Your consideration in the contribution of the Police Department's services would be greatly appreciated. If you have any questions, please do not hesitate to call meat (619) 477-2722 or to contact Ms. Tamara Paige, Chula Vista High School Band Director through the school. Sincerely, Halley McKinney Band Council President Chula Vista High School CC: Tamara Paige Chula Vista High School Band Director (As amended by Council on 9/12/2000] ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS 19.14.581, 19.14.582, 19.14.583, 19.14.584, AND 19.14.587 OF THE MUNICIPAL CODE, AND ADDING SECTION 19.14.591 TO THE MUNICIPAL CODE REGARDING DESIGN REVIEW COMMITTEE MEMBERSHIP, SCOPE OF RESPONSIBILITIES, AND PROCEDURES. WHEREAS, the City of Chula Vista Design Review Committee is responsible for reviewing all significant development within the City; and, WHEREAS, the Design Review permitting process has an appreciable positive impact upon the quality of development within the City of Chula Vista; and, WHEREAS, it is necessary from time to time to modify the Design Review process within the City in order to help improve project permitting; and WHEREAS, the City Council finds it necessary at this time to further define and clarify Design Review Committee membership, scope of responsibilities, and procedures; and, WHEREAS, on August 9, 2000 the Planning Commission voted 6-0, recommending that the City Council approve the Zoning Code text amendments regarding design review; and WHEREAS, the City Council set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely September 12, 2000, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, WHEREAS, the City Council found the proposal, as a procedural amendment, is exempt from the California Environmental Quality Act (CEQA) under the General Rule exemption section 15061 (b)(3). NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, resolve, and ordain as follows: SECTION I: That Sections 19.14.581, 19.14.582, 19.14.583, 19.14.584, 19.14.587 of the Municipal Code be amended to read as shown in Exhibit "A," and that Section 19.14.591 be added to the Municipal Code to read as shown in Exhibit Page 2 SECTION II. That the City Council hereby finds that the text amendment will enhance the health, safety, and welfare of the citizens of Chula Vista, is consistem with the General Plan, and is supported by public necessity, convenience, general welfare and good zoning practice. Presented by, Approved as to form by, Robert A. Leiter, AICP ~ ..Jt~hn Kahney, ~J Director of Planning City Attorney H:home/planningjstevexp/PCA0101 .CCresoll Page 3 EXHIBIT "A" 19.14.581 Design review committee-Creation. in order to relieve the planning commission of certain routine functions necessary to the proper administration of this chapter, to intensify this municipality's efforts to improve its townscape, and to promote the orderly growth and amenity of the city and environs, there is established a design review committee with such authority as is granted by this chapter. The design review committee's purpose is to ensure that development within the City of Chula Vista is orderly, of a high quality, and consistent with City-approved design ,quidelines. 19.14.582 Design review committee-Duties and responsibilities. A. The design review committee shall review plans for the establishment, location, expansion or alteration of uses or structures in all R-3 zones, all commercial and industrial zones, and development and redevelopment within redevelopment project area boundaries and shall approve, conditionally approve or deny such plans, except when projects are within the boundaries of a redevelopment project, in which case the committee shall recommend approval, conditional approval or denial to the redevelopment agency of the city. The committee shall render decisions on minor proposals as defined in Agency Resolution No. 71. B. The design review committee shall also review plans for the establishment, location, expansion or alteration of multiple family dwelling uses, major use permits, commercial, or industrial projects or structures located within the 1985 Montgomery annexation area, and governed by Chapter 19.70 of this ordinance. C. The responsibility of the design review committee shall be limited to the review of site plans, landscapin.q, and the exterior desi.qn of buildings, for consistency with City-approved design guidelines. In reviewing a residential project, the DRC shall consider the costs/benefits of any recommended improvement as reported by the applicant. CD. The design review committee shall review all appeals filed to contest sign design rulings of the zoning administrator. DE. The design review committee shall base its findings and actions upon the provisions of the effected design manuals of the city. H:home/planning/stevexp/PCAO 101 .CCresolI Page 4 E-_F. The design review committee shall prepare and adopt operational procedures, bylaws and business forms. FG_. The design review committee shall submit annual reports on its operations to the city planning commission and redevelopment agency. GH. The fee for a hearing before the design review committee is the required fee(s). HI. The zoning administrator has the discretion, with the concurrence of the applicant, to act in the place of the design review committee in the case of minor projects, including signs, commercial, industrial or institutional additions which constitute less than a fifty percent increase in floor area or twenty thousand square feet, whichever is less, and residential projects of four units or less. The zoning administrator may also act in the place of the design review committee in the case of new commercial, industrial or institutional projects with a total floor area of twenty thousand square feet or less when such projects are located within a planned community area with its own design guidelines and design review process. A decision of the zoning administrator may be appealed to the design review committee in the same manner as set forth in Section 19.14.583. The fee for zoning administrator design review shall be the required fee(s). (Ord 2603 §2, 1994; Ord 2506 §1 (part), 1992; Ord 2365 §2, 1990; Ord 2350 §1, 1990; Ord 2309A §4, 1989; Oral 2142 §1 (part), 1986; Ord 2036 §1 (part), 1983; Ord 1961 §1 (part), 1982; Ord 1893 §1 (part), 1980; Ord 1771 §3 (part), 1977). 19.'14.583 Design review committee-Appeal procedure. A. Except on decisions involving the redevelopment projects, the applicant or other interested persons may file an appeal from the decision of the design review committee to the planning commission or city council within ten working days after the decision is filed with the city clerk. The applicant has the choice of filing an appeal from the desiqn review committee directly to either the planning commission or city council. The appeal shall be in writing and filed in triplicate with the planning department on forms prescribed for the appeal, and shall specify therein the argument against the decision of the design review committee. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the planning commission or city council. All appeals regarding projects within redevelopment projects shall be filed with the director of community development and forwarded to the agency. B. Upon the hearing of such appeal, the planning commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the design review committee. The resolution must contain a finding of facts Page 5 showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of .the design review manual. C. The decision of the planning commission may be appealed to the city council in the same manner as set forth in this section for appeals to the planning commission. (Ord 2038 §1 (part), 1983; Ord 1994 §1, 1982; Ord 1771 §3 (part), 1977). 19.14,584 Design review committee-Membership qualification. A. The design review committee shall consist of five members appointed by the majority vote of the council. The membership shall be comprised of persons sensitive to design consideration and interested in townscape matters. Persons qualified for membership shall icm:,lude be limited to architects, landscape architects, land planners, developers, and other design professionals with suitable experience~,,,.o'-o'*"-'~"*.,,.v... ........... d other B. All members should be familiar with and able to read and interpret architectural drawings, and be able to judge the effect of a proposed project, structure or sign upon the surrounding neighborhood and community. (Ord 1771 §3 (part), 1977). 9.14.586 Design review committee-Removal or vacancy. Any member of the design review committee may be removed by a majority vote of the city council. A vacancy shall be filled in the same manner as an original appointment and the person filling the vacancy shall serve for the remainder of the removed member's unexpired term. If a member is absent without cause from three consecutive regular meetings, the office becomes automatically vacant. A member is not absent without cause if the absence is due to illness, business or vacation. (Ord 1771 §3 (part), 1977). 19.14.587 Design review committee-Quorum. A. Three members shall constitute a quorum. Action by the design review committee requires a majority vote of the quorum. (Ord 1771 §3 (part), 1977). B. If a project is scheduled for a meeting of the Design Review Committee for final approval, and a quorum is not available for the scheduled meeting, the applicant may choose to have the matter considered by the DRC at its next meeting, may request a special DRC meeting to consider the matter, may request that the DRC application be considered by the Plannin.q Commission H:horae/planning/stevcxp/PCA0101 .CCresoll Page 6 (at no additional cost to the applicant) at its next available meetinq (subiect to public noticing requirements)for action, or may request that the DRC application be referred directly to the City Council (at no cost to the applicant) at its next available meeting (subject to public noticing requirements) for action. 19.14.588 Design review committee-Schedule of meetings. The design review committee shall meet at least twice each month. Special meetings may be held in accordance with provisions of the government code of the state. The meetings shall not be held on any legal holiday. (Ord 1771 §3 (part), 1977). 19.14.589 Design review committee-Election of officers. At the first regularly scheduled meeting of the design review committee, and on each July thereafter, the members shall elect a chairman and vice-chairman from among its members to serve a term of one year, and until the successor of each takes office. (Ord 1771 {}3 (part), 1977). 19.14.590 Fees for appeals and requested actions before the planning commission and zoning administrator. For all appeals from actions of the planning commission, zoning administrator or any appeal filed pursuant to Chapter 19.12 or 19.14, the fee shall be the required fee(s). In addition, any request for action by the planning commission not specifically covered within the fee structure established by this chapter shall be subject to the required fee(s) therefore. (Ord 2506 §1 (part), 1992; Ord 2011 §1 (part), 1982; Ord 1813 §2, 1978). 19.58.591 Continuance of project. Any action by the DRC to continue a project shall be done with the concurrence of the applicant. If the applicant does not a.qree to a continuance of the project the Design Review Committee shall render a decision. If the project is denied an explanation of the reasons for denial shall be provided. 4.600 Design review approval-Time limit for implementation-Extensions. Design review approval will be conditioned on the plan being implemented within one year after the effective approval date thereof. Implementation of the plan would include completion of construction or substantial expenditures of money by the property owner preparatory to construction. If there has been a lapse of work for three months after commencement, the approved plans shall be void. The design review committee or the H:home/planning/stevexp/PCAO 101 .CCresoll Page 7 zoning administrator may grant an extension of time for a currently valid plan upon appeal of the property owner provided that there has been no material change of circumstances since the original grant of approval which ~ould be injurious to the neighborhood or otherwise detrimental to the public welfare. The application for an extension of time shall be accompanied by the Required Fee(s). (Ord 2506 §1 (part), 1992; Ord 2309A §1, 1989). H:home/planning/stevexp/PCAO l O l .CCresoll COUNCIL AGENDA STATEMENT 2-/ Item Meeting Date 9/26/00 ITEM TITLE: Ordinance Amending the Transportation Development Impact Fee Ordinance, Municipal Code Paragraph 3.54.040.C.4 to permit the combining of construction of a transportation Facility Project with other development related work and award of one contract for the combined work based on a clearly identified process for determining the low bidder. / SUBMITTED BY: Director of Public Works~p~ REVIEWED BY: City Manager~..~v~q,, (4/Sths Vote: __ No X ) Some of the local developers have requested that they be permitted to combine the work of a Transportation Development Impact Fee (TD1F) project with related subdivision work in order to obtain the best prices on contract work which is inter-related. Currently the TDIF ordinance does not permit the combining of work where the contract for the TDIF work may not be awarded to the lowest bidder. In order to allow that objective, an amendment to the TDIF ordinance is required. RECOMMENDATION: That Council approve the ordinance amending the Transportation Development Impact Fee Ordinance, Municipal Code Paragraph 3.54.040.C.4 to permit the combining of construction of a transportation Facility Project with other development related work and award of one contract for the combined work based on a clearly identified process for determining the low bidder BOARDS/COMMISSION: Not applicable DISCUSSION: The Transportation Development Impact Fee Ordinance (TDIF), Chapter 3.54 of the Municipal Code, currently requires that a developer constructing a TDIF project secure three bids for work to be done and that the construction contract be awarded to the lowest qualified bidder. Many of the TDIF projects are within individual subdivisions where the work must be done jointly with the subdivision improvements and the developers have requested that they be permitted to include the TDIF project in the same contract as the subdivision improvements due to the close coordination and similar nature of the work involved, so long as they keep track of the cost of the individual TDIF work items so that City staff can properly audit the TDIF expenditures. While the TDIF ordinance (Chapter 3.54 of the Municipal Code) would permit combining the work, the contract would have to be awarded to the lowest bidder of the TDIF work under the current ordinance requirements. This could conceivably require the developer to enter into a contract for which the overall cost is higher. That is, while the TDIF work is less costly, the subdivision work items could he higher for that particular bidders bid, to the point that the overaall cost is higher. City staff and developers representatives have discussed this and have come up with a recommended procedure under which the developer could award the overall contract to a bidder Page 2, Item __ Meeting Date: 9/26/00 other than the low bidder on the TDIF portion of the project, and get TDI~ credit or reimbursement based on the lowest bid for the TDIF portion of the project. However, in order to permit that type of TDIF reimbursement/credit arrangement to be entered into, paragraph 3.54.040.C.4 of the TDIF ordinance must be amended. The recommended ordinance amendment will permit the developer to combine the construction of the transportation facility project with other development related work and award one construction contract for the combined work based on a clearly identified process for determining the low bidder, all as approved by the Director of Public Works. Should the construction contract be awarded to a qualified bidder who did not submit the lowest bid for the Transportation Facility project portion of the contract, the developer will only receive TDIF credit based on the lowest bid for the transportation facility portion of the contract. Any claims for additional payment for extra work or charges shall be justified, shall be documented to the satisfaction of the Director of Public Works, and shall only be reimbursed at the prices for similar work included in the lowest bid for the transportation facility portion of the contract. FISCAL IMPACT: There will be no direct fiscal impact to the City due to this ordinance amendment. The TDIF program will still only be accountable for the lowest bid for TDIF projects. In addition, the development community will benefit from this change by lower overall costs associated with their individual subdivision improvements. CLS File: H:\HOME\ENGINEER~AGENDA\TDIF-PARA-3 5&040.C.4.DOC Proposed change to the TDIF Ordinance DRAFT - 7/11/00 Current Ordinance: 3.54.040 Developer Construction of Transportation Facilities C. 4. The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest .qualified bidder. If qualified, the developer may agree to perform the work at a price equal to or less than the low bid. Any claims for additional payment for extra work or charges shall be justified and shall be documented to the satisfaction of the Director of Public Works. Revised Ordinance: 3.54.040 C. 4. The developer shall secure at least three (3) qualified bids for work to be done and shall award the construction Contract to the lowest qualified bidder. The developer may combine the construction of the Transportation Facility Project with other development related work and award one construction contract for the combined work based on a clearly identified process for determining the low bidder, all as approved by the Director of Public Works. Should the construction contract be awarded to a qualified bidder who did not submit the lowest bid for the Transportation Facility project portion of the contract, the developer will only receive TDIF credit based on the lowest bid for the Transportation Facility portion of the contract. Any claims for additional payment for extra work or charges shall be.justified, shall be documented to the satisfaction of the Director of Public Works, and shall only be reimbursed at the prices for similar work included in the lowest bid for the Transportation Facility portion of the contract. h:/engineer/admin/change to TDIF ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE ORDINANCE, MUNICIPAL CODE SECTION 3.54.040.C.4, TO PERMIT THE COMBINING OF CONSTRUCTION OF A TRANSPORTATION FACILITY PROJECT WITH dTHER DEVELOPMENT RELATED WORK AND AWkRD OF ONE CONTRACT FOR THE COMBINED WORK BASED ON A CLEARLY IDENTIFIED PROCESS FOR DETERMINING THE LOW BIDDER WHEREAS, some of the local developers have requested that they be permitted to combine the work of a Transportation Development Impact Fee (TDIF) project with related subdivision work in order to obtain the best prices on contract work which in inter-related; and WHEREAS, currently the TDIF ordinance does not permit the combining of work where the contract for the TDIF work may not be awarded to the lowest bidder; and WHEREAS, in order to allow that objective, an amendment to the TDIF ordinance is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby ordain as follows: SECTION I: That the Transportation Development Impact Fee Ordinance, Section 3.54.040.C.4 of the Chula Vista Municipal Code, is hereby amended to read as follows: 3.54.040 Developer Construction of Transportation Facilities C. 4. The developer shall secure at least three (3) qualified bids for work to be done and shall award the construction contract to the lowest qualified bidder. The developer may combine the construction of the Transportation Facility Project with other development related work and award one construc- tion contract for the combined work based on a 1 clearly identified process for determininq the low bidder, all as approved by the Director of Public Works. Should the construction contract be awarded to a qualified bidder who did not submit the lowest bid for the Transportation Facility project portion of the contract, the developer will only receive TDIF credit based on the lowest bid for the Transportation Facility portion of the contract. Any claims for additional payment for extra work or charqes shall be justified, shall be documented to the satisfaction of the Director of Public Works, and shall only be reimbursed at the prices for similar work included in the lowest bid for the Transportation Facility portion of the contract ~ ..... * .... *~' ..... ~-~-~ -~-~ ~ SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its second readin9 and adoption. Presented by Approved as to form by John P. Lippitt Joh~M. ~a~hy Director of Public Works City Attorney H: ~home~ lorraine~or~TDIF change 2 COUNCIL AGENDA STATEMENT Item ~' Meeting Date 9/26/00 ITEM TITLE: Resolution Ratifying Change Order for the "Otay Recreation Center" (PR-133) Project and Authorizing the City Manager and the Director of Public Works to Execute Sai~ Change Order on Behalf of the City SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager ~'¢~ (4/5ths Vote: Yes No X ) On December 15, 1998, City Council awarded the contract for the "Otay Recreation Center, in the City of Chula Vista, CA (PR-133)" Project to C & S Doctor, Inc., San Diego. During the construction of the Otay Recreation Center the City Manager and the Director of Public Works approved a total cost of $137,140 in change orders for the completion of the project. City Staff initiated the largest portions of the change order in order to upgrade some of the materials. RECOMMENDATION: That Council Ratify the change order for the "Otay Recreation Center, in the City of Chula Vista, CA (PR- 133)" Project and Authorizing the City Manager and the Director of Public Works to Execute Said Change Order on Behalf of the City. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: On December 15, 1998, the City Council approved Resolution No. 19303 awarding the contract for the construction of the "Otay Recreation Center, in the City of Chula Vista, CA (PR-133)" Project to C & S Doctor, Inc. for $2,210,959.00. City Council approved a total budget, including contingencies, in the amount of $2,430,000.00. The final work is complete and final inspection was performed by the Building and Housing Department. The final construction cost for the Project totaled $2,348,099.00, including a total of $137,140.00 in change orders. The largest portions of the change orders were for items changed by City staff to improve and enhance the Otay Recreation Center. The gymnasium floor was upgraded in order to provide a multi-purpose floor so it may be utilized for different uses. The upgraded floor will require less maintenance and last longer than the original floor specified in the contract. The lighting systems both inside gymnasium and around the perimeter of the recreation center were upgraded in order to increase the safety, security and protection of the staff and patrons. Upgrades to several of the lighting fixtures were also approved, in order to make them vandal proof. City Council Policy No. 574-01 provides guidance on the approval of change orders in public work projects. The policy gives the City Manager and the Director of Public Works limited authority to approve change orders. Page 2, Item __ Meeting Date: 9/26/00 In order to keep on the project on schedule, the City Manager and the Director of Public Works were notified of the change order for their review and approval. The change orders were critical to completing the project on time and within the approved budget. The total construction and change order amount of $2,348,099.00, is below the total amount budgeted, $2,430,000.00, which included contingencies. On June 21, 2000, the City Manager approved the change order and subsequently the Notice of Completion was filed, signifying the completion of the project. FISCAL IMPACT: Based on the contract amount of $2,210,959, a contingency amount of $219,000 was approved for a total project cost of $2,430,000. The project's contingency fund balance will be reduced from $219,000 to $81,900. Bvh File No. 0735-10-PR-133 H:\HOME\ENGINEER\AGENDA\PR 133COA 113.DOC RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA P~ATIFYING CHANGE ORDER FOR THE "OTAY RECREATION CENTER" (PR-133) PROJECT AND AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY WHEREAS, on December 15, 1998, the City Council awarded the contract for the "Otay Recreation Center, in the City of Chula Vista, CA (PR-133)" Project to C & S Doctor, Inc., San Diego; and WHEREAS, during the construction of the Otay Recreation Center, the City Manager and the Director of Public Works approved a total cost of $137,140 in change orders for the completion of the project; and WHEREAS, City staff initiated the largest portions of the change order in order to upgrade some of the materials; and WHEREAS, City Council Policy No. 574-01 provides guidance on the approval of change orders in public work projects. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby ratify the change order for the Otay Recreation Center Project in the amount of $137,140. BE IT FURTHER RESOLVED that the City Manager and the Director of Public Works are hereby authorized to execute said Change Order on behalf of the City. Presented by Approved as to form by Director of Public Works [H \HOME%ATTORNEY\RESO\Otay Recreation Center CO (September 21, 2000 (8:17am)] 5-3 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 9/26/00 ITEM TITLE: Resolution Approving and Ratifying a Revision to the levy of the Special Tax for Fiscal Year 2000-01 for Community Facilitie~ District 99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and Village O~e West) / SUBMITTED BY: Director of Public Works ~/ REVIEWED BY: City Manager ,~' Oi~ (4/5ths Vote: Yes__ No X ) On August 1, 2000, Council approved Resolution No. 2000-265, which authorized the levy of special taxes for Communities Facilities District Nos. 97-1, 97-2, 97-3, 98-1, 98-3 and 99-1 for Fiscal Year 2000-2001. An emergency revision to the special tax levy for CFD 99-1 was required during the week of August 7. Due to the County's deadlines for filing the levy for the Fiscal Year 2000-01 tax roll, the revised special tax levy for CFD 99-1 needed to be submitted to the County prior to a subsequent Council meeting. BOARDS/COMMISSION RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approve the adjusted Special Tax levy for the Community Facilities District No. 99-1, based on the City's August 14, 2000 certification letter to the County Auditor and Controller's Office, which reflects the adjusted levies for CFD 99-1. DISCUSSION: The City Council approved Resolution No. 2000-265 on August 1, 2000 (Exhibit A), which authorized the levy of a Special Tax for CFD 99-1 for Fiscal Year 2000/01 and delegated to the City Manager the authority to make adjustments to the Special Tax levy based on projected changes in the budgets, so long as the resulting Special Tax rates would not exceed the maximum rates set forth in the Rate and Method. An adjustment in the special tax levy was subsequently required when the City's administrator became aware of a change in ownership in one of the parcels which resulted in such parcel becoming exempt from the levy of the special tax. This parcel is now owned by the elementary school district and is, therefore, exempt from the special tax. The effect of this change was a loss of approximately $30,000 in revenue needed to repay the bonds for this district. Consequently, the undeveloped property tax rate needed to be increased to cover this loss. Page 2, Item __ Meeting Date 9/26/00 The City's consultant was not notified about the change in ownership of this parcel until August 11. Given the timing constraints and noiification procedures of the County, the City had two days to make the appropriate adjustment, process the revised Special Tax levy, and still make the Fiscal Year 2000/01 tax roll. Below is a brief outline of the critical timeframes and required documents that were required to adjust the Special Tax levy for CFD 99-1: 1) August 3, 2000: The City's consulting firm Special District Financing & Administration (SDFA) submitted to the County the Special Tax levy for CFD 99-1 in accordance with County standards and guidelines. 2) August 4: The County ran a computer check for Assessor Parcel Numbers (APN's) for CFD 99-1 and noted one (1) parcel of concern (recent school purchase). 3) August 5: The County prepares a rejection printout noting the affected parcel. 4) August 7: SDFA confirms with the County that the information submitted (8/3) to the County was correct and would be levied for Fiscal Year 2000/01. The City issues a certification letter (Exhibit B) stating the confirmation with the County. 5) August 11: The County notifies SDFA and the City that one parcel was rejected for CFD 99-1. 6) August 12/13: SDFA prepares a revised Special Tax levy for CFD 99-1 and confirms with the City the effected parcel use and exemption status (school purchase). 7) August 14: SDFA re-submits to the County an adjusted Special Tax levy for CFD 99-1 and the County confirms the revised roll. The City issues a modified certification letter (Exhibit C), upon confirmation with SDFA and County. The revised Special Tax was levied upon the parcels of CFD 99-1 based upon the Rate and Method of Apportionment for this district. The revised rates for Fiscal Year 2000-01 for CFD 99-1 are shown on Exhibit D. FISCAL IMPACT: There is no impact on the City's General Fund. The increase in revenue in the fund for CFD 99-1 is $1.00. Rates on developed residential property will not be affected. The rates for undeveloped property have increased by $49.65 per acre to $2,965.93 per acre. This is approximately 33 percent of the maximum allowable tax rate for undeveloped property of $8,864 per acre. Exhibits: A. Resolution No. 2000-265 B. Certification letter dated August 7, 2000 C. Certification letter dated August 14, 2000 D. Revised rates for CFD 99-1 H:\SHARED~ENGINEER\A113 Tax roll, 9-12.doc FILE NO. 0725-10-CFD00 RESOLUTION NO. 2000-265 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE SPECIAL TAX FOR FISCAL YEAR 2000/2001 FOR COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-3, AND 99-1 WHEREAS, according to the Engineer's Reports for CFDs 97-1, 97-2, 98-1 and 98-3, the maximum Special Tax Rates for each Fiscal Year aider 1998/1999 shall be increased or decreased by the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published in January; and WHEREAS, the CPI increase between January 1999 and January 2000 was 3.64% and 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; and WHEREAS, the CPI increased used for calculating the Fiscal Year 1999/2000 assessments was inadvertently too high and 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 2.54%; and WHEREAS, the maximum and actual rates for all assessments districts are set forth in Exhibit "A," attached hereto and incorporated herein by reference as if set forth in full. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby levy the special tax for Fiscal Year 2000/2001 for Community Facilities Districts 97-1, 97-2, 97-3, 98-l, 98-3 and 99-1 as set forth in Exhibit "A." Presented by Approved as to form by Jo p Jo/[~,~. Kaheny Public Works Director .~f Attorney Resolution 2000-265 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula vista, California, this 1't day of August, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton? Mayor ATTEST: Susan Bigelow, City Clerk'° STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2000-265 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1st day of August, 2000. Executed this Ist day of August, 2000. Susan B~gelow, City Clerk Resolution 2000-265 Page 3 EXHIBIT "A" CFD 97-10tay Ranch Open, Space Maintenance Category FY1999-00 FY2000-01 FY1999-00 FY00-01 Estimated Maximum Maximum Actual · Actual Revenue Area A $0.0874/SF $0.0897/SF $0.0874/SF $.0897/SF $257,712 Residential Area A Non- $1184/Acre $1214.23/A N/A $1241.23/A 0 Residential Area A Vacant $1340/Acre $1373.57/A $210/Acre $498.54/A $244,653 AreaB $0.2048/SF $0.2100/SF $0.2048/SF $.2100/SF $351,760 Residential Area B Non- $2629/Acre $2696.15/A N/A $2696.15/A 0 Residential Area B Vacant $2973/Acre $3048.84/A $218/Acre $712.11/A $88,396 CFD 97-20tay Ranch Preserve Category FY 1999-00 FY 2000-01 FY 1999-00 FY 00- Estimated Maximum Maximum Actual 01 Revenue Actual Monitorine: $0.0051/SF $0.0052/SF $0.0051/SF $0.0027/ Area A: Residential SF $7688 Non- $83.87/Acre $86.89/Acre N/A $0/ $0 Residential Acre Final Map $83.87/Acre $86.89/Acre Area A: $83.87/ $0 $0 Acre Vacant $53.05/Acrc $54.40/Acre See Combined Area B: Area B: $11.21/A $23,184 O & M: $0.0081/SF $0.0083/SF $0.0081/SF $0.0042/ Area A: Residential SF $12,271 Resolution 2000-265 Page 4 CFD 97-20tay Ranch Preserve Non- $133.16/Acre $137.95/Acre N/A 0 $0 Residential Final Map $133.16/Acre $137.95/Acre Area A: 0 $0 $133.16/Acre Vacant $84.23/Acre $86.37/Acre See Combined 0 $0 Combined $137.28/Acre $140.77/Acre A:$102.17/Acre See See Vacant B:$58.76/Acre Moni- Monitor- toring ing CFD 97-30tay Ranch McMillin Bond Issue Category Maximum FY 1999-00 FY00-01 Estimated Actual Actual Revenue Residential $0.392/SF $0.392/SF $0.3920/ $531,483 SF Commercial $4000/Acre N/A $4000/ 0 Acre Community Purpose $1000/Acre N/A $1000/ 0 Facility Acre Undeveloped $7954/Acre $888.39/Acre $3635.25/ $250,313 Acre Property Owner $7954/Acre N/A SO/Acre 0 Association Land CFD 98-10tay Project Interim Open Space Maintenance District Category FY 1999-00 FY 2000-01 FY 1999- FY00-01 Estimated Maximum Maximum 00 Actual Actual Revenue Taxable Land $106.71/Acre $109.42/Acre $15.56 $43.38 $57,502 CFD 98-3 Open SPace Maintenance District No. 35 - Sunb°w II Category I Fy1999-00 ] Fy2000-0, I FY1999- I Fyoo-ol ] stimatea [ Maximum [ Maximum I 00Actual [ Actual Revenue Resolution 2000-265 Page 5 CF1) 987~ Open Space Maintenance District No. 3S - Sunbow, II Residential $360.38/EDU $369.54/EDU $360.38 $369.54 $357,602 Industrial $2809.06/Acre $2880/Acre N/A $2880/A 0 Commercial $3144.78/Acre $3225/Acre N/A $3225/A 0 Undeveloped $2153.37/Acre $2208/Acre $195.78/ $0/ 0 Acre Acre Undeveloped- $521.63/Acre N/A $521.63/ N/A 0 Extraordinary Acre Special Tax Note that a single family dwelling is equivalent to one EDU. Costs are spread to multiple family units on the basis of 0.8 EDUs per unit for street medians and parkways and 1.0 EDUs per unit for all other facilities in the CFD. CFD 99-10tay Ranch SPA One Bond Issue Category Maximum FY2000-01 Estimated Revenue Actual ZONE A Residential $0.28/SF $0.28/SF $175,952 Commercial $1600/Acre $1600/Acre 0 Community Purpose $400/Acre $400/Acre 0 Facility ZONE B Residential $400 + $.29/SF $400 + $0.29/SF $42,163 Commercial $3717/Acre $3717/Acre 0 Community Purpose $929/Acre $929/Acre 0 Facility ZONE C Residential $400 + $.44/SF $400 + $0.44/SF 0 Commercial $4266/Acre $4266/Acre 0 Resolution 2000-265 Page 6 CFD 99-10tay Ranch SPA One Bond Issue Community Purpose $1066/Acre $1066/Acre 0 Facility COMBINED Undeveloped $8864/Acre $2916.28/Acre $1,816,275.84 Property Owner $8864/Acre $2916.28/Acre 0 Association The square footage of residential floor area is used to determine the charge for all developed residential properties. For all other categories, the parcel gross acreage is used. CFD 2000-1 Sunbow II Villages 5 through 11 Category Maximum FY2000-01 Estimated Revenue Actual Residential $.44/SF $.44/SF 0 Undeveloped $7851/Acr~ $3263.61/Acre $611,214 Property Owner $7851/Acre SO/Acre 0 Association Because the bonds have not yet been priced for CFD 2000-1, it cannot be said with certainty how much revenue will need to be obtained for undeveloped property, and hence, what the actual rate for Fiscal Year 2000-01 should be. Passage of the resolution on this district will allow for minor adjustment of this rate based on the actual bond pricing. The special taxes which will be applicable to typical single family dwelling units are shown in Attachment F for Otay Ranch Village 1 and 5, Otay Ranch McMillin and Sunbow II. Special taxes and assessments other than the seven Community Facilities Districts discussed herein are not included. CHUIA VISTA Auditor & con=roller 160D Pacific Highway san Diego, CA 92101 This let:er c~-~ifies that aeco~im~ to the records of ~e City of co~li~ce .with ~ticlc X!IIC & D of the Co~titutlon of the Eta~a of C~ifo~a, thut the total n~er of parcels s~ject to F~ed 2O00/2001 ~e lis~ed below: 6019-61 2,072 $ 821,877.68 6014-62 1,087 43,136.26 6014-6~ 765 781,793,32 Total 5,579 $$,301,884.42 Please note the following !ev~ P~e! No. 643-242-01-00 6014-6i $120,632.76 643-~42-0!-00 6014-~7 501,718.00 Deputy Clty Man, g= ' CHULA VISI-A FINANCE DEPARTMENT August 14, 2000 County of San Diego Auditor & Controller Property Tax Services - Room 164 1600 Pacific Highway San Diego, CA 92101 Gentlemen: This letter certifies that according to the records of the City of Chula Vista that all assessments and special taxes are in compliance with Article XIIIC & D of the Constitution of the State of California, that the total number of parcels subject to Fixed Charge Special Assessments, and the dollar amount by fund for 2000/2001 are listed below: Pund No. Count ~ 6014-61 2,066 $ 935,300.54 6014-62 1,082 43,136.26 6014-63 760 781,793.32 6014-64 1~ 57,502.14. 6014-47 780 357,232.44, 6014-67 849 2,033,388_54. Total 5,555 $4,208,353.24 Please no~e the following levy amounts exceeds $100,000: 643-242-01-00 6014-61 $i20,632.76 641-071-10-00 6014-67 291,696.50 643-242-01-00 6014-67 501,718.00 Certif'/ ~owell Deputy City Manager 276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5051 · FAX (619) 585-5685 CFD 99-1 AGENDA TABLE LEVY 2000-01 J Origina Submtta /Resolution I Revised Submittal/Resolution FY 2000-0t ESTIMATED FY 2000-01 ESTIMATED CATEGORY MAXIMUM ACTUAL REVENUE ACTUAL REVENUE $0.0000 $0.0000 $0.0000 RESIDENTIAL - ZONE A PER DU PER DU $174,951.96 PER DU $174,951.96 $0.2800 $0.2800 $0.2800 PER SO FT PER SC) FT PER SC) FT $400.0000 $400.0000 $400.0000 RESIDENTIAL - ZONE B PER DU PER DU $42,162.73 PER DU $42,162.73 $0.2900 $0.2900 $0.2900 PER SQFT PER SQFT PER SQFT $400.0000 $400.0000 $400.0000 RESIDENTIAL - ZONE C PER DU PER DU $0.00 PER DU $0.00 $0.4400 $0.4400 $0.4400 PER SQFT PER SO FT PER SO FT COMMERCIAL - ZONE A $1,600.00 $1,600.00 $0.00 $1,600.00 $0.00 PER ACRE PER ACRE PER ACRE COMMERCIAL - ZONE B $3,717.00 $3,717.00 $0.00 $3,717.00 $0.00 PER ACRE PER ACRE PER ACRE COMMERCIAL - ZONE C $4,266.00 $4,266.00 $0.00 $4,266.00 $0.00 PER ACRE PER ACRE PER ACRE CPF - ZONE A $400.00 $400.00 $0.00 $400.00 $0.00 PER ACRE PER ACRE PER ACRE CPF - ZONE B $929.00 $929.00 $0.00 $929.00 $0.00 PER ACRE PER ACRE PER ACRE CPF - ZONE C $1,066.00 $1,066.00 $0.00 $1,066.00 $0.00 PER ACRE PER ACRE PER ACRE UNDEVELOPED $8,864.00 $2,916.28 $1,816,275.84 $2,965.93 $1,816,276.68 PER ACRE PER ACRE PER ACRE PROPERTY OWNER $8,864.00 $0.00 $0.00 $0.00 $0.00 ASSOCIATION PROPER'P PERACRE PERACRE PERACRE TOTAL $2,033,390.53 $2,033,391.37 Actual levy after rounding to two decimals: 2,033,387.54 $2,033,388.54 Difference ($2.99) ($2.83) 09~06~2000 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND RATIFYiNG A REVISION TO THE LEVY OF THE SPECIAL TAX FOR FISCAL YEAR 2000-2001 FOR COMMUNITY FACILITIES DISTRICT 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) WHEREAS, on August 1,2000, this City Council, by the adoption of Resolution No. 2000-265 ("Special Tax Resolution"), previously authorized the levy of the special tax for Fiscal Year 2000-2001 for Community Facilities District No. 99-1 (Otay Ranch Spa One - Portions of Village One, Village Five and Village One West) ("CFD No. 99-I"); and WHEREAS, on August 1 I, 2000, a date subsequent to the adoption of the Special Tax Resolution, the City's administrator of certain of the community facilities districts formed by the City, including CFD No. 99-1, was notified that one of the parcels within CFD No. 99-1 had been acquired by the elementary school district and was, therefore, exempt from the levy of the special tax for CFD No. 99-1 pursuant to the provisions of the rate and method of apportionment of the special tax for such district; and WHEREAS, the exemption of such parcel from the levy of the special tax for CFD No. 99-1 would have resulted in the loss of approximately $30,000 in anticipated special tax revenue unless the special tax levy as approved by the Special Tax Resolution was revised; and WHEREAS, as a result of the timing of the notification of the City's administrator of the acquisition of the subject parcel by the elementary school district and in order to insure that sufficient special taxes were levied and placed on the tax roll for Fiscal Year 2000-2001 to pay debt service on the bonds secured by such special taxes and to administer such bonds and CFD No. 99-1, the City staff and the City's administrator, upon consultation with bond counsel, adjusted the rates of the special tax previously approved in the Special Tax Resolution to be levied in Fiscal Year 2000- 2001 on undeveloped property within the District to reflect the loss of special tax revenue from the exemption of the elementary school district parcel from the levy of the special tax; and WHEREAS, the City Council desires to approve and ratify the adjustment in the special tax rates levied in CFD No. 99-1. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista, acting as the legislative body for Community Facilities District 99-1, as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. This City Council does hereby approve and ratify the revised levy ofthe Special Tax for Fiscal Year 2000-2001 for Community Facilities District 99-1 as set forth in Exhibit A. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney H:\home\attomey\res\revised st levy.doc COUNCIL AGENDA STATEMENT Item F~ Meeting Date: 09/26/00 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Pavement Rehabilitation Program-Slurry Seal-FY1999-00 in the City of Chula Vista, California (STL-252)" Project. ~,/ SUBMITTED BY: Director of Public Works {V}q/ REVIEWED BY: City Manager ~v (n/5ths Vote: Yes_No X.~.) On August 23, 2000, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program-Slurry Seal-FY1999-00 in the City of Chula Vista, California (STL-252)" Project. The work to be done, consists of application of rubberized emulsion aggregate slurry, crack sealing, and other miscellaneous work on various city streets in the City of Chula Vista. RECOMMENDATION: That Council accept bids and award the contract for the "Pavement Rehabilitation Program-Slurry Seal-FY1999-00 in the City of Chula Vista, California (STL-252)" to American Asphalt Repair & Resurfacing Co. of Fontana, California for $302,102.26. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Included in the FY1999-00 Cfi' Budget is a project for the rehabilitation of deteriorating pavement throughout the city. Public Works Operations, through the pavement management system, developed a priority list of streets to be included in the program. The program considers various methods of pavement rehabilitation and maintenance. Included in the program is a slurry seal application. Slurry seals are applied to streets that are new or that are still in good condition. Rubberized emulsion aggregate slurry seal (REAS) provides long-lasting protection by sealing pavement against water absorption, oxidation, and ultraviolet rays. REAS extends the life of pavement by five to seven years. Engineering staff prepared plats, specifications, and advertised the project. Staff received and opened bids on August 23, 2000. The City received bids from three contractors as follows: CONTRACTOR BID AMOUNT 1. American Asphalt Repair & Resurfacing Co. - Fontana, California. $302,102.26 2. California Pavement Maintenance Co. - Sacramento, California $320,612.88 3. Pavement Coatings Co. - Cypress, California $372,297.86 The low bid by American Asphalt Repair & Resurfacing Co. is below the Engineer's estimate of $369,304.96 by $67,202.70 or approximately 19%. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. Staff has reviewed the low bid and recommends awarding the contract for $302,102.26 to American Asphalt Repair & Resurfacing Co. of Fontana, California. Page 2, Item Meeting Date: 9/26/00 Disclosure Statement Attachment "A" is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the proposed project and has determined that the project is exempt under Section 15301 Existing Facilities, Class 1 (c) of the California Environmental Quality Act. Wage Statement Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (American Asphalt Repair & Resurfacing Co.) $302,102.26 B. Contingencies (approximately 10%) $30,000.00 C. Staff Costs (Design & Inspection) $20,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $352,102.26 FUNDS AVAILABLE FOR CONSTRUCTION A. Gas Tax $352,102.26 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $352,102.26 Upon completion of the project, the improvements will require only routine City street maintenance. Attachments: A. Contractor's Disclosure Statement H :\HOM E~ENGIN EER\DESIG N\STL252\STL252-A 113.doc MEMORANDUM September 8, 2000 File No. 0735-10-STL252 TO: Dave Rowlands, City Manager John Kaheny, City Attorney Robert Powell, Director of Finance Susan Bigelow, City Clerk Sarnk Nuhaily, Senior Civil Engineer, Engineering/Design FROM: John P. Lippitt, Director of Public Works SUBJECT: Resolution Accepting bids and awarding contract for the "Pavement Rehabilitation Program-Slurry Seal-FY1999-00 in the City of Chula Vista, California (STL-252)" Project. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION D. Contract Amount (American Asphalt Repair & Resurfacing Co.) $302,102.27 E. Contingencies (approximately 10%) $30,000.00 F. Staff Costs (Design & Inspection) $20,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $352,102.27 FUNDS AVAILABLE FOR CONSTRUCTION A. Gas Tax $352,102.27 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $352,102.27 H:\HOME~ENGINEER\DESIGN\STL252\STL252-A113.doc ~'f' S THE CITY OF CHULA VISTA DISCLOSURE STATE1W~NT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributious for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the frames of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organi?ation or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter? 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes No X. If Yes. briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No~x..Yes __ If yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling mor~ .than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes. No ~ If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve~l.,,2) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No._~. If Yes, which official** and what was the nature of item provided? Date: ~-o~ -f-?O ~ Print or type name of Contractor/Applicant * Person L~ defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organi?ation, corporstion, estate, trust, receiver, syndicate, any other cotmty, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or comra~ttee of the City, employee, or staff members. 14 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ~ACCEPTING BIDS kND AWARDING CONTP~ACT FOR THE ~PAVEMENT REHABILITATION PROGRAM-SLURRY SEAL-FY 1999-00 IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-252)" PROJECT WHEREAS, on August 23, 2000, the Director of Public Works received the following three sealed bids for the ~Pavement Rehabilitation Program-Slurry Seal-FY 1999-00 in the City of Chula Vista, California (STL-252)": Contractor Bid Amount American Asphalt Repair & Resurfacing Co. Fontana, California $302,102.26 California Pavement Maintenance Co. Sacramento, California $320,612.88 Pavement Coatings Co. Cypress, California $372,297.86 WHEREAS, the low bid by American Asphalt Repair & Resurfacing Co. is below the engineer's estimate of $369,304.96 by 19% and staff has verified the references provided by the contractor and their work has been satisfactory in the past; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract to American Asphalt Repair & Resurfacing Co.; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project and has determined that the project is exempt under Section 15301 Existing Facilities, Class l(c) of the California Environmental Quality Act; and WHEREAS, contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept the bids and award the contract to American Asphalt Repair & Resurfacing Co. of Fontana, California in the amount of $302,102.26 for the "Pavement Rehabilitation Program-Slurry Seal-FY 1999-00 in the City of Chula Vista, California (STL-252)~ Project. BE IT FURTHER RESOLVED that the Mayor of the city of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John M. Kahe~ Director of Public Works City Attorn~ [H/HOME~A~IORNEY~R~SO\ Pavement RehabiJitation Program Bid (September 18, 2000 (8:57am)] 2 COUNCIL AGENDA STATEMENT Item Meeting Date: 9/26/00 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Telegraph Canyon Creek Mitijgation Plan in the Olay River in San Diego, California (DR-l 18B)" Proj~.ct.j SUBMITTED BY: Director of Public Works / II REVIEWED BY: City Manager (~ ~-v (4/Sths Vote: Yes_No X ) On July 26, 2000, the Director of Public Works received sealed bids for the "Telegraph Canyon Creek Mitigation Plan in the Olay River in San Diego, California (DR-118B)" Project. Thc work to be done, involves removing soil from thc remediation area and either removing it from the site or disposing of it in the approved on-site disposal area. The remediation area will be replanted and maintained. The work generally includes clearing and grubbing, excavation, planting, hydroseeding, willow and mulefat cuttings in the Olay River in San Diego, California. RECOMMENDATION: That Council accept bids and award the contract for the "Telegraph Canyon Creek Mitigation Plan in the Otay River in San Diego, California (DR-118B)" to Shiva Construction, Inc. of San Diego, California, for $194,746.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project is located within the Olay River, south of Main Street and west of 1-805 along the southern border of Chula Vista City limits. The project is part of the "Telegraph Canyon Channel Improvements" that involved the construction of a concrete lined channel. The "Telegraph Canyon Channel Improvements" Project required the City to obtain a Nationwide Permit from the Army Corps of Engineer. A condition of the Nationwide Permit required the City to implement some mitigation measures, one of which was the purchase of a piece of land that would be replanted to mitigate the impacts of the channel on the native vegetation. The approved site was a 20-acre City owned parcel along the Olay River approximately 450 feet west of 1- 805. On this site the City was required to create 0.78 acres of willow riparian wetland habitat, and restore/enhance two (2) acres of existing wetlands. P&D Environmental & Engineering Staff prepared drawings, and specifications, and Engineering Staff advertised thc project. Staff received and opened bids on July 26, 2000. The City received bids from nine contractors as follows: CONTRACTOR BID AMOUNT 1. Shiva Construction, Inc., San Diego, California $194,746.00 2. Pacific Restoration Group, Corona, California $197,536.25 3. 3-D Enterprises, San Diego, California $203,205.00 4. Marathon Construction Corp., San Diego, California $207,200.00 5. T.S. Construction, Valley Center, California $209,975.93 6. Bert W. Salas, Inc., Santee, California $230,718.00 Page 2, Item Meeting Date: 9/26/00 i i Wier Construction Corp., Escondid6, California $345,103.60 E.V. Constructors, Inc., San Diego, California $357,959.05 Scheidel Contracting & Engineering Inc., La Mesa, California. $360,368.00 The low bid by Shiva Construction Inc. is below the Engineer's estimate of $234,912.50 by $40,166.50 or approximately 21%. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. Shiva Construction, Inc. has also done several CIP projects for the City and its work has been satisfactory. Staff has reviewed the Iow bid and recommends awarding the contract for $194,746.00 to Shiva Construction, Inc. of San Diego, California. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15061, of the California Environmental Quality Act, (b) (3). The activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Wage Statement Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Shiva Construction, Inc.) $194,746.00 B. Contingencies (approximately 10%) $20,000.00 C. Staff Costs (Design & Inspection) $15,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $229,746.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Telegraph Canyon Channel Project 54200-7999/2659118542-400000 $229,746.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $229,746.00 Upon completion of the project, the Contractor will maintain all plantings on a continuous basis for a period of three hundred sixty five (365) days. Attachments: Contractor's Disclosure Statement Cm H:\HOME\ENGINEERING\AGENDA\DR I 18B-A 113 .doc THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to fde a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the properly which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any m~er of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes __ No ~,'qf yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the~gregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes __ No _L~If-~es, state which Council memJ~ers(s): /~ ~ ~ Signature of Contractor/Applicant Print or Wpe nam~ of Contractor/Applicant * Person is defined o~.- 'Al~y ir~vidu~, firm, co~partt~ership, ]oinl venl~re, a~sociatio~. $~cial ctt4b, fraterrtal orgt~tization, corporation, estate, trttst, receiver, ~yl~lical¢. this and any other county, city or country, city municipality, district, or other political subdivision, or any other group or combination acting ca a unit. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTR3~CT FOR · THE "TELEGRAPH CANYON CREEK MITIGATION PLAN IN THE OTAY RIVER IN SAN DIEGO, CALIFORNIA (DR-118B)' PROJECT WHEREAS, on July 26, 2000, the Director of Public Works received the following nine sealed bids for the "Telegraph Canyon Creek Mitigation Plan in the Otay River in San Diego, California (DR-118B)". CONT~CTOR BID AMOUNT i. Shiva Construction, Inc., San Diego, Cali~mia $194,746.00 2. Pacific Restoration Gro~, Corona, Call,mia $197,536.25 3. 3-D Ente~nses, San Diego, Cali~mia $ 203,205.00 4. Marathon Construction Co¢., San Diego, Cali~mia $ 207,200.00 5. T.S. ConsWuction, Valley Center, Call,mia $209,975 . 93 6. Bert W. Salas, Inc., Santee, Call,mia $230,718.00 7. Wier Cons~uction Co~., Escondido, Cali~mia $ 3 4 5,10 3.6 0 8. E.V. Cons~uctors, Inc., San Diego, Call,mia $357,959.05 9. Scheidel Con~acting & Engineering Inc., La Mesa, Call,mia. $ 360,368.00 WHEREAS, the low bid by Shiva Construction Inc. is below the Engineer's estimate of $234,912.50 by approximately 21% and Engineering staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract for $194,746.00 to Shiva Construction, Inc. of San Diego, California; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15061, of the California Environmental Quality Act, (b) (3); and WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project; and WHEREAS, no special minority or women owned business requirements were necessary as part of the bid documents; however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the bids and award the contract to Shiva Construction, Inc. of San Diego, California in the amount of $194,746.00 for the Telegraph Canyon Creek Mitigation Plan in the Otay River in San Diego, California (DR-118B) Project. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Jo~n-M. ~y ' Director of Public Works City AttOrney [H:\HOME~ATTORNEY\RES\Tele§raph Canyon Creek Mitigation Plan Bid (September 18, 2000 (2:39PM)] COUNCIL AGENDA STATEMENT Item: q Meeting Date: 9/26/00 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving a three-party agreement between the City of Chula Vista; Burkett & Wong, Consultant; and McMillin Otay Ranch, LLC for land use consulting services related to the preparation of a Public Facilities Finance Plan for the Otay Ranch Village Six, and authorizing the Mayor to execute said agreement. Resolution of the City Council of the City of Chula Vista approving a three-party agreement between the City of Chula Vista; Burkett & Wong, Consultant; and Brookfield Shea Otay, LLC for land use consulting services related to the preparation of a Public Facilities Finance Plan for the Otay Ranch Village 11, and authorizing the Mayor to execute said agreement. ~ SUBMITTED BY: Director of Planning and Building REVIEWIgD BY: City Manager ~f~ (4/5ths Vote: Y~_No X ) The McMillin Companies has submitted a Sectional Planning Area (SPA) Plan for Village Six of the Otay Ranch for review and approval. In addition, Brookfield Shea Otay (BSO), the new owners of Village 11, have submitted a SPA Plan for Village 11. The Otay Ranch General Development Plan and the City's Growth Management Ordinance require the preparation of a Public Facilities Finance Plan (PFFP) with each SPA in order to evaluate the project under the City's Growth Management Threshold Standards. After a competitive bidding process, the selection committee is recommending that the firm of Burkett & Wong be retained to prepare the PFFP for Villages Six and Eleven. RECOMMENDATION: That the City Council adopt Resolution of the City Council of the City of Chula Vista approving a three party agreement between the City of Chula Vista, Burkett & Wong, and McMillin Otay Ranch, LLC for consulting services related to the preparation of a PFFP for Village Six of Otay Ranch, and authorizing the Mayor to execute said agreement, and; That the City Council adopt Resolution of the City Council of the City of Chula Vista approving a three party agreement between the City of Chula Vista, Burkett & Wong, and Brookfield Shea Otay, LLC for environmental consulting services related to the preparation of a Page 2, Item: Meeting Date: 9/26/00 PFFP for Village 11 of Otay Ranch, authorizing the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background The Otay Ranch General Development Plan (GDP) and the City's Growth Management Ordinance require the preparation of a PFFP for all SPA Plans in the Otay Ranch. The PFFP is required to evaluate the proposed projects in relationship to the City's 11 Growth Management Threshold Standards to ensure that the City's standards are maintained through the development of the SPA Plan. The Planning and Building Department staff is currently reviewing and processing SPA Plans for both Villages Six and 11. As previously indicated, McMillin Companies has submitted a SPA Plan for Village Six and Brookfield Shea Otay has submitted a SPA Plan for Village 11. BSO is a partnership between Brookfield Homes and Shea which acquired Village 11 from New Millennium in May of this year. Consultant Services Selection Process The City's PFFPs are unique to Chula Vista and only two f'u-ms have prepared the PFFPs for the master planned communities in the Eastern Territories. In an effort to expand the number of firms, the Planning Division distributed a Request for Qualifications (RFQ) for the preparation of PFFPs in April of this year. The goal was to establish a short list of approved consultants. The RFQ was sent to 20 firms but only four responded. After reviewing their qualifications, the selection committee determined that all four firms were qualified to prepare PFFPs in the City of Chula Vista. The four qualified firms are: Burkett & Wong Leppert Engineering McGill, Martin Self MuniFinancial (a Willdan Company) On July 13, 2000, the Planning Division sent the four firms a Request for Proposal to prepare the PFFPs for Villages Six and 11 and the Freeway Commercial Area of Planning Area 12. Only two ftrms responded: Burkett & Wong and MuniFinanacial. The others declined to propose but requested that they remain on the list for future PFFPs for the Eastern Urban Center and Village Two. The Selection Committee, comprised of Richard Rosaler and Marilyn Ponseggi from the Planning Division and Lombardo De Trinidad from the Engineering Division, evaluated the proposals based on company experience, understanding of the scope of work, knowledge of public facilities and fiscal issues, the quality of the proposal and clarity of the cost estimate. The Page 3, Item: Meeting Date: 9/26/00 Committee choose Burkett & Wong as the committee's recommendation to the City Council for the preparation of the PFFPs for Villages Six and 11. Burkett & Wong has previous experience preparing PFFPs in Chula Vista and are proposing to use the same traffic consultant that is preparing the traffic studies for the Environmental Impact Reports for Villages Six and 11. Burkett & Wong's bid was $38,000 each for the preparation of the PFFPs for both villages which was less than MuniFinancial. MuniFinancial's bid was $43,270. Subsequently, staff has expanded the scope-of-work to include the preparation of draft conditions of approval for the tentative map. Burkett & Wong proposed to do this work for an additional $3,000 bringing their total bid for each PFFP to $41,000. The consultant represems that they are experienced and staffed in a manner that they can prepare and deliver the required services to the City within the necessary tIme frames. The Plarming Division staff has negotiated the details of this agreement in accordance with procedures set forth in Section 2.56.220-224 of the Chula Vista Municipal Code. Scope-of-Work Under agreements between the City of Chula Vista; Burkett & Wong; and the project applicants, Burkett & Wong will perform tasks associated with the scope-of-work for the preparation of separate PFFPs for Village Six and 11. The scope-of-work includes the following tasks: 1. Research and Analysis 2. Facilities Analysis 3. Fiscal Impact Analysis 4. Traffic Study 5. Preparation of PFFP 6. Public Hearings 7. Preparation of Draft Tentative Map Conditions of Approval FISCAL IMPACT: There would be no resulting impact to the General Fund. McMillin and BSO, not the City, compensate the consultant at the applicants' sole cost and expense. The total amount for both comracts is $82,000 for Burkett & Wong's consultant services which will be paid by McMillin and BSO. The existing deposit accounts will be expanded to cover the cost of the PFFP preparation. Attachments / A. Otay Ranch General Developmem Plan Amendment Map H:~lOME\PLANNING\Otayranch\Villag¢ 06 SPA\McPFFPcontractAll3.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG, CONSULTANT; AND McMILLIN OTAY RANCH, LLC FOR LAND USE CONSULTING SERVICES RELATED TO THE PREPARATION OF A PUBLIC FACILITIES FINANCE PLAN FOR THE OTAY RANCH VILLAGE SIX, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the McMillin Companies has submitted a Sectional Planning Area (SPA) Plan for Village Six of the Otay Ranch for review and approval; and WHEREAS, the Otay Ranch General Development Plan and the City's Growth Management Ordinance require the preparation of a Public Facilities Finance Plan (PFFP) with each SPA in order to evaluate the project under the City's Growth Management Threshold Standards; and WHEREAS, after a competitive bidding process, the selection committee is recommending that the firm of Burkett & Wong be retained to prepare the PFFP for Village Six. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a three-party agreement between the City of Chula Vista; Burkett & Wong, Consultant; and McMillin Otay Ranch, LLC for land use consulting services related to the preparation of a Public Facilities Finance Plan for the Otay Ranch Village Sik, 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 Robert A. Leiter Joh~ M. Kahen~j Director of Planning and Building C~ty Attorney H:\home\attorney\reso\Burkett & Wong Three-Party Agreement Between City of Chula Vista, Burkett and Wong, (Consultant), and McMillin Otay Ranch, LLC, (Applicant) For Consulting Work to be Rendered in Preparation of a Public Facilities Financing Plan and Fiscal Impact Analysis for the Applicant's Village Six Project 1. Parties. This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the consulting fn'm of Burkett and Wong designated on the attached Exhibit A as "Consultant", whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant," McMillin Otay Ranch, LLC, whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or generally located as described in Exhibit A, Paragraph 1, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described in Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This Agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. h:\home\planning\jeff~pffp\EL-3pt Three Party Agreement 9/20/00 Page 1 2.6. Additional facts and circumstances regarding the background for this Agreement are set forth on Exhibit B. 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described in the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services," ("General Services "), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope-of-Work," ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope-of- Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 7, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional mailer consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within fifteen (15) days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and H:~IOMELPLANN1NG\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page 2 Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than fifteen (15) days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.2. Reductions in Scope-of-Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated in Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated in Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for 'hich it is entitled to compensation by law or under the terms of this Agreement. H:~-lOME\PLANN1NG\Otayranch\Village 06 SPALMcPFFPcontrt.doc Three Party Agreement 9/20/00 Page 3 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than thirty (30) days after the termination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within thirty (30) days after the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within thirty (30) days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this Agreement, City shall be entitled to withhold processing of Applicant's application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A", Class "V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile H:\HOME\PLANN1NG\Otayranch\Village 06 SPA~VlcPFFPcontrt.doc Three Party Agreement 9/20/00 Page 4 Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public CCross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2, Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicat'mg that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and McMillin Otay Ranch, demonstrating same and naming McMillin Otay Ranch and the City of Chnla Vista as additional insureds. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. H:~HOME\PLANNING\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three party Agreement 9/20/00 Page 5 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Applicant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, provided that the applicant is given forty-eight (48) hours notice prior to the City or consultant entering the property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5.3. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this Agreement. 7. Conflicts of Interest. 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated in Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of H:\HOME\PLANNING\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page 6 Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as a FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. _Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific Warranties A~ainst Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant' s employees or agents ( "Consultant Associates" ) presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of furore employment, H:\HOME\PLANNING\Otayranch\Village 06 SPA\McPFFPcontrt.doc ~ree Party Agreement 9/20/00 Page 7 remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve (12) months thereafter. Consultant agrees that Consultant shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve (12) months after the expkation of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This Agreement may be terminated by the City for default if the Consultant breaches this Agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this Agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Right to Terminate Agreement for Conve~ence, Documents. 9.1. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. 9.2. In the event of termination of this Agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this Agreement and prior to its termination. .9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this Agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this Agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. H:~HOME~PLANN1NG\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page 8 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures. No suit shall be brought arising out of this Agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification. 11.1. Consultant to Indemnify City and Applicant re Injuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall not be limited by any prior or subsequent declaration by the Consultant. 11.2. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harmless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. H:~HOME\PLANNING\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page 9 12. Business Licenses. Applicant agrees to obtain a business license from the City and to otherwise comply with Cbula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreement. 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. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. Capacity of Parties. 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; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. H:L~lOME~PLANNING\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Pafly Agreement 9/20/00 Page ~-0 13.6. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. H:hqOME~PLANNlNG\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page 1~- 13.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. !3.13. No Additional Beneficiaries. Despite the fact that the required performance under this Agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this Agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. (End of Page. Next Page is Signature Page.) H:~IOMELPLANN1NG\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Pa~y Agreement 9/20/00 Page :~2 Signature Page NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this Agreemem, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacem thereto. Dated: City of Chula Vista by Shirley Horton, Mayor Approved as to Form: by: John M. Kaheny, City Attorney Dated: Consultant: Burkett and Wong by: _ Dated: Applicant: McMillin Otay Ranch, LLC, a Delaware Limited Liabili~any ~.h By /~~, /.-~'--~.o H:~IOME\PLANNlNG\OtayranchWillage 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page 13 Exhibit A Reference Date of Agreement: Date Agreement signed by City of Chula Vista Effective Date of Agreement: Date Agreement signed by City of Chula Vista City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Burkett and Wong Associates Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 3434 Fourth Avenue, San Diego California 92103 Applicant: McMillin Otay Ranch, LLC, a Delaware limited liability company Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership ( ) Corporatio'~n-~ (X) Other: LLC, A~Delaware Limited Liability Company Address: 27270 Hoover Avenue, National City, California, 91950 1. Property (Commonly known address or General Description): The Village Six Sectional Planning Area (SPA), which contains of approximately 393.7 acres located at the east end of the City's eastern territories and is limited to. 2. Project Description ("Project"): Preparation of a new Public Facilities Financing Plan (PFFP) including a Fiscal Impact Analysis (FIA) for the 393.7-acre Village Six Property as required by the City's Growth Management Ordinance in conjunction with the concurrent processing of the requested amendments to the City's General Plan and the Otay Ranch General Development Plan, and the formulation of a new Sectional Planning Area (SPA) Plan for the Village Six Property. H:\HOME\PLANN1NG\Otayranch\Village 06 SPA~vlcPFFPcontrt.doc Three Party Agreement 9/20/00 Page ~.4 3. Entitlements applied for: a) New Sectional Planning Area (SPA) Plan and associated regulatory documents, including, bm not limited to the following: 1) Village Design Plan; 2) Planned Community District Regulations; 3) Air Quality Improvement Plan; 4) Water Conservation Plan; 5) Affordable Housing Program; 6) Public Facilities Financing Plan; b) Second Trier Environmental Impact Report c) Tentative Subdivision Map for Village Six. 4. General Nature of Consulting Services ("Services--General"): Prepare the Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis (FIA) for the Village Six SPA Plan to identify the amount, location, timing and financing mechanisms necessary to build and deliver required public facilities and services to the project, and to idemify the overall, net fiscal impact that the project will have on the City in terms of revenues and expenditures. The PFFP shall consist of an independent evaluation of the project's compliance with the City's adopted Growth Management Threshold Standards at buildout of the project, as well as during its phasing, and provide an assessment of the probable short- and longbterm impacts on those standards, along with recommendations to mitigate the identified impacts, and the timing for installatiol~ddelivery of necessary facilities and services. The FIA component of the PFFP shall consist of an independent evaluation of the project's fiscal impacts on the operation and maintenance budgets of the City (General Fund). The FIA will address the costs and revenues to the City as a result of providing infrastructure and services to the Village Six project. In the course of preparing and finalizing the PFFP and FIA, the Consultant (and any of their sub-contractors) shall attend one public forum, and up to two Planning Commission hearings and two City Council hearings, in addition to meetings with City staff, the EIR consultant, or others as the Planning Department deems necessary to complete the work. 5. Detailed Scope of Work ("Detailed Services"): The following tasks are intended to represent the scope of services required in the preparation of the subject PFFP and FIA as presented in the Request for Proposals dated June 30, 2000, in sections 19.09.060, .070 and .080 of the City's Municipal Code, and as described by Consultant's proposal dated July 17, 2000. All tasks shall be performed to the satisfaction of the Director of Planning and Building. Public Facilities Financing Plan (PFFP) - H:LglOME\PLANNlNG\Otayranch\Village 06 SPAhMcPFFPcontrt.doc ~u'ee Party Agreement 9/20/00 Page 1. s Task A: Preliminary Research/Data Gathering (approximately October 17, 2000) Gather and review all available data regarding the Village Six project, including, to the existing Otay Ranch General Development Plan, and related documents, and any conditions of approval; the technical studies prepared for the project; PFFPs for other eastern Chula Vista projects; Master Facilities plans; related tentative maps and associated conditions of approval; related City Resolutions; current environmental impact reports with all related back-up technical reports; and any other environmental documentation including prior EIRs. Hold meetings with City staff, the applicant or their consultants, and affected agencies as necessary to gather and review data. Task B: Identify and Describe Facilities and Services Impact. (approximately October 31, 2000) Following the review of the available data, identify in writing facilities and services that may be impacted by the Village Six SPA pursuant to the adopted City Growth Management Threshold Standards; provide in writing a preliminary cost estimate for the new and/or upgraded infrastructure and services required both on- and off-site to support the Village Six SPA; and identify costs and financing methods for that infrastructure and services. The financial analysis shall summarize the impact fees and any fee credits as applicable, and shall coordinate with and incorporate any other relevant fiscal impact data, evaluations or recommendations arising from the Fiscal Impact Analysis (FIA). The above are to consider both the amount of development within the Village Six SPA, as well as that within other projects in eastern Chula Vista, which are forecast to develop within the same time frame as the Village Six SPA, and shall analyze conditions during the phasing of the Village Six SPA and at buildout of the project. Task C: Independent Evaluation and Recommendations to Mitigate Impacts. (approximately November 17, 2000) Conduct an independent evaluation of the Village Six project's compliance with the adopted City Threshold Standards and provide in writing an assessment of the probable short-and long-term impacts as well as recommendations to mitigate impacts and maintain compliance with the City's Growth Management Threshold Standards. Task D: Attendance at meetings and other coordination (approximat' "r October 1, 2000- March 1, 2001) H:LHOME\PLANNING\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page 16 The Consultant (and any of their subcontractors) shall attend one public forum, and up to two Planning Commission hearings and two City Council hearings. These are in addition to meetings with City staff, coordination with EIR consultant, or others as the Planning Department deems necessary to complete the work. Attendance at said meetings or other methods of coordination is required of the Consultant on an as needed basis as determined by the City, given sufficient lead-time (minimum 5 days) for the Consultant to schedule such coordination. It is further anticipated that informal coordination will take place between the Consultant and the EIR consultant at various times throughout the process. Task E: Preparation of Draft and Final PFFP Documents (approximately December 22, 2000- March 1, 2001) Prepare a Preliminary Draft, Draft and Final Public Facilities Financing Plan (PFFP) for the Village Six project, including but not limited to the statistical tables, exhibits, text, public facilities and services phasing, methods of financing pubiic facilities and services, and other pertinent items to ensure that the Village Six project would have the necessary infrastructure and services prior to or concurrent with need. The Consultant shall deliver the requisite number of copies of the Preliminary Draft, Draft and Final PFFP documents as set forth in Paragraph 6. Fiscal Impact Analysis (FIA) - Task F: Preliminary Research (approximately November 16, 2000) Gather and review all available and relevant data regarding the Village Six SPA's impact upon the operation and maintenance budgets of the City and its General Fund, and considering the current information associated with the City's Fiscal Year 2000 -2001 budget. Gather and review information from the Applicant regarding the land uses, residential product types, and phasing and buildout schedules for the SPA. This shall include as many meetings with City staff and administrators, and the applicant or their consultants as are necessary to gather and review the data. Task G: Identify and Describe Fiscal Impacts (approximately November 27, 2000) Conduct an analysis utilizing CIC Research, Inc.'s fiscal impact model and methodology recently developed in conjunction with analyses for the San Miguel Ranch project. Update the noted model with Fiscal Year 2000 data and customize it as necessary to fit the characteristics of the Village Six SPA. Analyze and address the fiscal impacts that the Village Six SPA will have H:\HOME\PLANNING\Otayranch\Village 06 SPA\McPFFPconirt.doc Three Party Agreement 9/20/00 Page 1.7 upon the City's operation and maintenance budgets considering the costs and revenues to the City in providing infrastructure and services to, and as a result of, the Village Six SPA. Contact City Department heads and staff as necessary to help identify any unique conditions or problems with providing infrastructure and services to the project, including those that may be associated with annexation. The analyses shall be presented in both written and tabular format, and shall present City revenues and expenditures annually based upon the project's development absorption schedule, and the according fiscal surpluses and deficits. Task H: Incorporation of FIA into Draft PFFP document (approximately December ! 1, 2000) Prepare a Draft Fiscal Impact Analysis Report for incorporation into the PFFP document for review by City staff and any affected agency in the requisite number of copies and per the schedule presented in Paragraph 6. Prepare a Final Fiscal Impact Analysis to be incorporated into the PFFP document. Task I: Revise Drafts as City Determines Necessary (approximately December 22, 2000- March 1, 2001) The consultant shall prepare revisions to the satisfaction of City Staff to PFFP document based upon comments received from City Staff, Planning Commission and City Council and any other comments from outside agencies or individuals. Said revisions shall be incorporated into the appropriate draft or final document as outlined in the following section under "Dates or Time Limits for Delivery of Deliverables". Task J: Drafts Tentative Map Conditions of Approval (approximately February 5, 20001) The Consultant shall prepare draft conditions of approval for the tentative map for Village Six based on the threshold analysis of the PFFP. 6. Schedule, Milestone, Time-Limitations within which to Perform Services: Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliverables: H:\HOME\PLANNING\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page ~. 8 Deliverable No. 1: Delivery of the Preliminary Draft PFFP for staff review and distribution in the form of one (1) master copy set up to print double sided copies. Due date December 15, 2000 or a minimum of 12 weeks after City's notice to proceed, whichever is later. Deliverable No. 2 Delivery of the revised Draft PFFP containing all staff comments in the form of one (1) master copy set up to print double sided copies. Due date January 8, 2000, or two weeks after the consultant receives comments back from the City's review of first draft, whichever is later. Deliverable No. 3 Delivery of revised Draft PFFP containing all staff comments in the form of one (1) master copy set up to print double sided copies. Due date: January 19, 2001, or one week after the consultant receives comments back from Citys' review of second draft, whichever is later. Deliverable No. 4: Delivery of pre-press copy of PFFP incorporating all of staff's comments in the form of one (1) master copy set up to print double sided copy. Due date: February 1, 2001 or 1 week after staff/consultant discuss final comments, whichever is later. Deliverable No. 5: Delivery of the Final PFFP (and incorporating the FIA) for public hearings in the form of one (1) master copy (photo ready) set up to print double side copies and a computer diskette file formatted for Microsoft Word. Due date: February 15, 2001, or five days after City delivers final (screencheck) comments to the Consultant. Deliverable No.6: Delivery of Final Document to City Staff in the form of one (1) master copy set up to print double-sided copies to be incorporated into binders plus draft conditions of approval for the tentative map. Due date: March 1, 2001 or within one week following City H:\HOME\PLANN1NG\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page 19 Council hearing. Deliverable No. 7: Delivery of draft conditions of approval for the tentative map. Due date: February 5, 2001 or two weeks after the consultant delivers the fmal draft, whichever is later. Dates for completion of all Consultant services: Nine months from the effective date of agreement or as extended by the Director of Planning in the Director's sole discretion. 7. Documents to be provided by Applicant to Consultant: (X) site plans/draft SPA document (X) grading plans ( ) architectural elevations (X) project description (X) technical studies including water, wastewater, drainage, traffic (X) phasing plan. 8. Contract Administrators: City: Richard M. Rosaler, AICP Principal Planner City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 Applicant: Craig Fucuyama McMillin Otay Racnh, LLC, a Delaware Limited Liability Company. 2727 Hoover Avenue Chula Vista, CA 91950 Consultant: Anthony G Ambrose, AICP Burkett and Wong 3434 Fourth Avenue San Diego, CA 92103 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) Category No. 1. Investments and sources of income. ( ) Category No. 2. Interests in real property. H:~HOME\PLANNING\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page 20 qfc-pi ( ) Category No. 3. Investments, interest in real property and soumes of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No. 4. Investments in business entities and sources of income, which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's depa,hnent to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. 10. Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). H:\HOME\PLANNING\Otayranch\Village 06 SPALMcPFFPcontrt.doc Three Party Agreement 9/20/00 Page 21 Exhibit B Additional Recitals WHEREAS, the Applicam has deposited or will deposit an initial sum for the processing of requests for proposals, draft and f'mal Public Facilities Financing Plans and Fiscal Impact Analysis, and all other necessary documents as outlined in Exhibit A, and WHEREAS, public notice of the required consulting services was given to the consultants included on the City's list of prospective consultants for preparation of Public Facilities Financing Plans(PFFP) / Fiscal Impact Analyses (FIA), inviting prospective consultants to submit proposals for preparation of the Village Six SPA PFFP/FIA, and WHEREAS, the selection committee which has in accordance with Section 2.56.110 of the Chula Vista Municipal Code, recommended the Consultant noted in Exhibit A to perform the required services for the City, and WHEREAS, the Comract Administrator has negotiated the details of this Agreement in accordance with procedures set forth in Sections 2.56.110 of the Chala Vista Municipal Code. H:\HOME\PLANNING\Otayranch\Village 06 SPAWlcPFFPcontrt.doc Three Party Agreement 9/20/00 Page 22 Exhibit C Compensation Schedule and Deposit: Terms and Conditions ( X ) Single Fixed Fee Arrangement For performance of ail general and detailed services of Consultant prescribed in Exhibit "A", paragraphs 4 and 5, Applicant shall pay a single fixed fee, ail of which is to be deposited upon execution of this agreement. The City shall pay Consultant in increments and at the times or milestones set forth below: ( X ) Single Fixed Fee Amount: $41,000.00 Milestone Amount/Percentage of Fixed Fee to be Paid 1. Signing of this agreement by ail parties and upon request by the Consultant $10,250 / 25% 2. Deliverable #1 (Preliminary Draft PFFP) $14,350 / 35% 3. Deliverable #2 (Revised Draft PFFP) $6,150 / 15% 4. Deliverable #5 (Final PFFP) $6,150/15% 5. 10% retention amount $4,100 / 10% (X) Security for Performance ( ) Performance Bond, $__ ( ) Letter of Credit, $ ( ) Other Security: ( ) Type: ( ) Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Even, listed below, has occurred: (X) Retention Pementage: 10% ( ) Retention Amount Retention Release Event: H:2-1OME~PLANNING\Otayranch\Village 06 SPA~vlcPFFPconlrt.doc Three Party Agreement 9/20/00 Page 23 (X) Completion of All Consultant Services to the satisfaction of the Director of Planning and Building. ( ) Other: ( Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for $41,000.00 including all Materials, and other "reimbursables" ("Maximum Compensation"). Rate Schedule Category of Employee of Consultant Hourly Rate Burkett and Wong: Principal $125 Principal Associate $ 95 Engineer $ 95 Assistant Planner $ 65 Technician $ 60 Clerical $ 45 ( Permitted Subconsultants: CIC Research, Inc. Linscott, Law and Greenspan H:LHOME\PLANNING\Otayranch\Village 06 SPA\McPFFPcontrt.doc Tbxee Party Agreement 9/20/00 Page 24 Deposit (X) Deposit Amount: At execution of agreement - $41,000.00 (X) Use of Deposit to Pay Consultant. Notwithstanding thg sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. ( X ) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) MontMy ( ) Quarterly (X) Other: Upon completion of each milestone B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15thDay of each Month ( ) End of the Month (X) Other: On the 10th day of each month following completion of each milestone C. City's Account Number: H:\HOME\PLANNING\Otayranch\Village 06 SPA\McPFFPcontrt.doc Three Party Agreement 9/20/00 Page 25 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG, CONSULTANT; AND BROOKFIELD SHEA OTAY, LLC FOR LAND USE CONSULTING SERVICES RELATED TO THE PREPARATION OF A PUBLIC FACILITIES FINANCE PLAN FOR THE OTAY RANCH VILLAGE 11, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Bookfield Shea Otay (BS), the new owners of Village 11 have submitted a Sectional Planning Area (SPA) Plan for Village 11 of the Otay Ranch for review and approval; and WHEREAS, the Otay Ranch General Development Plan and the City's Growth Management Ordinance require the preparation of a Public Facilities Finance Plan (PFFP) with each SPA in order to evaluate the project under the City's Growth Management Threshold Standards; and WHEREAS, after a competitive bidding process, the selection committee is recommending that the firm of Burkett & Wong be retained to prepare the PFFP for Village Eleven. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a three-party agreement between the City of Chula Vista; Burkett & Wong, Consultant; and Brookfield Shea Otay, LLC for land use consulting services related to the preparation of a Public Facilities Finance Plan for the Otay Ranch Village 11, 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 Robert A. Leiter Joj~n/M. Kaheny Director of Planning and Building City Attorney H:\home~attorney\reso~Burkett & Wong Three-Party Agreement Between City of Chula Vista, Burkett and Wong, (Consultant), and Brookfield Shea Otay, LLC, (Applicant) For Consulting Work to be Rendered in Preparation of a Public Facilities Financing Plan and Fiscal Impact Analysis for the 'Applicant's Village 11 Project 1. Parties. This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the consulfmg firm of Burkett and Wong designated on the attached Exhibit A as "Consultant", whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant," Brookfield Shea Otay , LLC, whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or generally located as described in Exhibit A, Paragraph I, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exlfibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described in Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This Agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. h:Xhome\planning\jeflSpffp\EL-3pt Three Party Agreement 9/20/00 Page 1 2.6. Additional facts and circumstances regarding the background for this Agreement are set forth on Exhibit B. 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described in the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services," (" General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope-of-Work," ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope-of- Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 7, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said mount to the City, within fifteen (15) days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and H:\HOME~PLANNING\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 2 Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than fifteen (15) days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.2. Reductions in Scope-of-Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated in Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated in Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by CitY for which it is entitled to compensation by law or under the terms of this Agreement. H:~IOME~PLANNING\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 3 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than thirty (30) days after the termination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within thirty (30) days after the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within thirty (30) days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholdin~ of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this Agreement, City shall be entitled to withhold processing of Applicant's application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of"A", Class "V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile H:\HOME\PLANNING\Otayranch\Village 11 SPA~BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 4 Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof of Insurance Coverage. 4.2.1. Certificates oflnsurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City, and Brookfield Shea Otay, LLC, demonstrating same and naming Brookfield Shea Otay LLC and the City of Chula Vista as additional insureds. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. H:~IOMELPLANNING\Otayranch\Village 11 SPALBSOPFFPcontrt.doc Three Parly Agreement 9/20/00 Page 5 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Applicant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, provided that the applicant is given forty-eight (48) hours notice prior to the City or consultant entering the property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5.3. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this Agreement. 7. Conflicts of Interest. 7.1. Consultant is Designated'as an FPPC Filer. If Consultant is designated in Exhibit A, Paragraph 9, as an "FPPC flier", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of H:~HOME\PLANNING\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 6 Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement.. 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as a FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. S~cific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents (" Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment, H:h~IOMELPLANNlNG\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 7 ! remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve (12) months thereafter. Consultant agrees that Consultant shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve (12) months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which maY be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This Agreement may be terminated by the City for default if the Consultant breaches this Agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this Agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Right to Terminate Agreement for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. 9.2. In the event of termination of this Agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this Agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this Agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this Agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. H:~ItOME\PLANN1NG\Otayranch\Village 11 SPA~BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 8 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures. No suit shall be brought arising out of this Agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification. 11.1. Consultant to Indemnify City and Applicant re Injuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall not be limited by any prior or subsequent declaration by the Consultant. 11.2. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harmless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. H:\HOMEXPLANNING\Otayranch\VilIage 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 9 12. Business Licenses. Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been p[operly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreement. 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. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. Capacity of Parties. 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; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. H:LHOME\PLANNING\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page qb-// 13.6. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chnla Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. H:LHOMELPLANNING\Otayranch\VilIage 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page Il 13.12. Remedies. The rights of the parties under this Agreemem are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreemem provides to the contrary. 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this Agreemem may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this Agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicam. (End of Page. Next Page is Signature Page.) H:\HOME\PLANNING\Otayranch\Village 11 SPA\BSOPFFPconm.doc Three Party Agreement 9/20/00 Page 12 Signature P~ige NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this Agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista by Shirley Horton, Mayor Approved as to Form: by: John M. Kaheny, City Attorney Dated: Consultant: Burkett and Wong by: Dated: Applicant: Brookfield Shea Otay LLC, a California limited liability company By: Brookfield Otay Inc. a California corporation By: SiVa Oa~ Village 11 LLC, a California limited liability company, Member By: Shea Homes Limited Partnership, a Californian limited partnership, its Sole Member By: J.F. Shea Co. Inc., a Nevada corporation, its General Partner H:~IOME~PLANNING\Otayranch\Village 11 SPA\BSOPFFPcon~rt.doc ~ "~[rl-~,ree Party Agreement 9/20/00 Page 13 Exhibit A Reference Date of Agreement: Date Agreement signed by City of Chula Vista Effective Date of Agreemem: Date Agreement signed by City of Chula Vista City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Burkett and Wong Associates Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 3434 Fourth Avenue, San Diego California 92103 Applicant: The Brookfield Shea Otay, LLC, a California limited liability company Business Form of Applicant: ( ) Sole Proprietorship ( ) Parmership ( ) Corporation (X) Other: LLC, A California Limited Liability Company Address: 12865 Pointe Del Mar, Suite 200, Del Mar CA 92014-3859 1. Property (Commonly known address or General Description): The Village 11 Sectional Planning Area (SPA), which contains approximately 489.0 acres located at the east end of the City's eastern territories and is limited to. 2. Project Description ("Project"): Preparation of a new Public Facilities Financing Plan (PFFP) including a Fiscal Impact Analysis (FIA) for the 489.0-acre Village 11 Property as required by the City's Growth Management Ordinance in conjunction with the concurrent processing of the requested amendments to the City's General Plan and the Otay Ranch General Development Plan, and the formulation of a new Sectional Planning Area (SPA) Plan for the Village 11 Property. 3. Entitlements applied for: H:~IOME\PLANNING\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 14 a) New Sectional Planning Area (SPA) Plan and associated regulatory documents, including, but not limited to the following: 1) Village Design Plan; 2) Planned Community District Regulations; 3) Air Quality Improvement Plan; 4) Water Conservation Plan; 5) Affordable Housing Program; 6) Public Facilities Financing Plan; b) Second Trier Environmental Impact Report c) Tentative Subdivision Map for Village 11. 4. General Nature of Consulting Services ("Services--General"): Prepare the Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis (FIA) for the Village 11 SPA Plan to identify the amount, location, timing and financing mechanisms necessary to build and deliver required public facilities and services to the project, and to identify the overall, net fiscal impact that the project will have on the City in terms of revenues and expenditures. The PFFP shall consist of an independent evaluation of the project's compliance with the City's adopted Growth Management Threshold Standards at buildout of the project, as well as during its phasing, and provide an assessment of the probable short- and long-term impacts on those standards, along with recommendations to mitigate the identified impacts, and the timing for installation/delivery of necessary facilities and services. The FIA component of the PFFP shall consist of an independent evaluation of the project's fiscal impacts on the operation and maintenance budgets of the City (General Fund). The FIA will address the costs and revenues to the City as a result of providing infrastructure and services to the Village 11 project. In the course of preparing and finalizing the PFFP and FIA, the Consultant (and hny of their sub-contractors) shall attend one public forum, and up to two Planning .Commission hearings and two City Council hearings, in addition to meetings with City staff, the EIR consultant, or others as the Planning Department deems necessary to complete the work. 5. Detailed Scope of Work ("Detailed Services"): The following tasks are intended to represent the scope of services required in the preparation of the subject PFFP and FIA as presented in the Request for Proposals dated June 30, 2000, in sections 19.09.060, .070 and .080 of the City's Municipal Code, and as described by Consultant's proposal dated July 17, 2000. All tasks shall be performed to the satisfaction of the Director of Planning and Building. Public Facilities Financing Plan (PFFP) - H:\HOME\PLANNING\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 15 Task A: Preliminary Research/Data Gathering (approximately October 17, 2000) Gather and review all available data regarding the Village 11 project, including, to the existing Otay Ranch General Development Plan, and related documents, and any conditions of approval; the technical studies prepared for the project; PFFPs for other eastern Chula Vista projects; Master Facilities plans; related tentative maps and associated conditions of approval; related City Resolutions; current environmental impact reports with all related back-up technical reports; and any other environmental documentation including prior EIRs. Hold meetings with City staff, the applicant or their consultants, and affected agencies as necessary to gather and review data. Task B: Identify and Describe Facilities and Services Impact. (approximately October 31, 2000) Following the review of the available data, identify in writing facilities and services that may be impacted by the Village 11 SPA pursuant to the adopted City Growth Management Threshold Standards; provide in writing a preliminary cost estimate for the new and/or upgraded infrastructure and services required both on- and off-site to support the Village 11 SPA; and identify costs and financing methods for that infrastructure and services. The financial analysis shall summarize the impact fees and any fee credits as applicable, and shall coordinate with and incorporate any other relevant fiscal impact data, evaluations or recommendations arising from the Fiscal Impact Analysis (FIA). The above are to consider both the amount of development within the Village 11 SPA, as well as that within other projects in eastern Chula Vista, which are forecast to develop within the same time frame as the Village 11 SPA, and shall analyze conditions during the phasing of the Village 11 SPA and at buildout of the project. Task C: Independent Evaluation and Recommendations to Mitigate Impacts. (approximately November 17, 2000) Conduct an independent evaluation of the Village 11 project's compliance with the adopted City Threshold Standards and provide in writing an assessment of the probable short-and long-term impacts as well as recommendations to mitigate impacts and maintain compliance with the City's Growth Management Threshold Standards. Task D: Attendance at meetings and other coordination (approximately October 1, 2000- March 1, 2001) The Consultant (and any of their subcontractors) shall attend one public forum, and up to H:\HOME\PLANNlNG\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page ~_6 two Planning Commission hearings and two City Council hearings. These are in addition to meetings with City staff, coordination with EIR consultant, or others as the Planning Department deems necessary to complete the work. Attendance at said meetings or other methods of coordination is required of the Consultant on an as needed basis as determined by the City, given sufficient lead-time (minimum 5 days) for the Consultant to schedule such coordination. It is further anticipated that informal coordination will take place between the Consultant and the EIR consultant at various times throughout the process. Task E: Preparation of Draft and Final PFFP Documents (approximately December 12, 2000- March 1, 2001) Prepare a Preliminary Draft, Draft and Final Public Facilities Financing Plan (PFFP) for the Village 1! project, including but not limited to the statistical tables, exhibits, text, public facilities and services phasing, methods of financing public facilities and services, and other pertinent items to ensure that the Village 11 project would have the necessary infrastructure and services prior to or concurrent with need. The Consultant shall deliver the requisite number of copies of the Preliminary Draft, Draft and Final PFFP documents as set forth in Paragraph 6. Fiscal Impact Analysis (FIA) - Task F: Preliminary Research (approximately November 16, 2000) Gather and review all available and relevant data regarding the Village 11 SPA's impact upon the operation and maintenance budgets of the City and its General Fund, and considering the current information associated with the City's Fiscal Year 2000 -2001 budget. Gather and review information from the Applicant regarding the land uses, residential product types, and phasing and buildout schedules for the SPA. This shall include as many meetings with City staff and administrators, and the applicant or their consultants as are necessary to gather and review the data. Task G: Identify and Describe Fiscal Impacts (approximately November 27, 2000) Conduct an analysis utilizing CIC Research, Inc.'s fiscal impact model and methodology recently developed in conjunction with analyses for the San Miguet Ranch project. Update the noted model with Fiscal Year 2000 data and customize it as necessary to fit the characteristics of the Village 11 SPA. Analyze and address the fiscal impacts that the Village 11 SPA will have upon the City's operation and maintenance budgets considering the costs and revenues to the City H:\HOME\PLANNING\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 3~ 7 in providing infrastructure and services to, and as a result of, the Village 11 SPA. Contact City Department heads and staff as necessary to help identify any unique conditions or problems with providing infrastructure and services to the project, including those that may be associated with annexation. The analyses shall be presented in both written and tabular format, and shall present City revenues and expenditures annually based upon the project's development absorption schedule, and the according fiscal surpluses and deficits. Task It: Incorporation of FIA into Draft PFFP document (approximately December 11, 2000) Prepare a Draft Fiscal Impact Analysis Report for incorporation into the PFFP document for review by City staff and any affected agency in the requisite number of copies and per the schedule presented in Paragraph 6. Prepare a Final Fiscal Impact Analysis to be incorporated into the PFFP document. Task I: Revise Drafts as City Determines Necessary (approximately December 22, 2000- March 1, 2001) The consultant shall prepare revisions to the satisfaction of City Staff to PFFP document based upon comments received from City Staff, Planning Commission and City Council and any other comments from outside agencies or individuals. Said revisions shall be incorporated into the appropriate draft or final document as outlined in the following section under "Dates or Time Limits for Delivery of Deliverables". Task J: Drafts Tentative Map Conditions of Approval (approximately February 5, 2001) The Consultant shall prepare draft conditions of approval for the tentative map for Village 11 based on the threshold analysis of the PFFP. 6. Schedule, Milestone, Time-Limitations within which to Perform Services: Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Delivery of the Preliminary Draft PFFP for staff ~eview and H:XItOME~PLANNING\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 3_ @ distribution in the form of one (1) master copy set up to print double sided copies. Due date: December 12, 2000 or a minimum of 12 weeks after City's notice to proceed, whichever is later. Deliverable No. 2 Delivery of the revised Draft PFFP containing all staff comments in the form of one (1) master copy set up to print double sided copies. Due date: January 8, 2001, or two weeks after the consultant receives comments back from the City's review of first draft, whichever is later. Deliverable No. 3 Delivery of revised Draft PFFP containing all staff comments in the form of one (1) master copy set up to print double sided copies. Due date: January 19, 2001, or one week after the consultant receives comments back from Citys' review of second draft, whichever is later. Deliverable No. 4: Delivery of pre-press copy of PFFP incorporating all of staff's comments in the form of one (1) master copy set up to print double sided copy. Due date: February 1, 2001 or 1 week after staff/consultant discuss final comments, whichever is later. Deliverable No. 5: Delivery of the Final PFFP (and incorporating the FIA) for public hearings in the form of one (1) master copy (photo ready) set up to print double side copies and a computer diskette file formatted for Microsoft Word. Due date: February 15, 2001, or five days after City delivers final (screencheck) comments to the Consultant. Deliverable No.6: Delivery of Final Document to City Staff in the form of one (1) master copy set up to print double-sided copies to be incorporated into binders plus draft conditions of approval for the tentative map. Due date: Mamh 1, 2001 or within one week following City Council hearing. H:\HOME~PLANNING\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 19 Deliverable No.7: Delivery of draft conditions of approval for the tentative map. Due date: February 5, 2001 or two week after the consultant delivers final draft, whichever is later. Dates for completion of all ConsuRant services: Nine months from the effective date of agreement or as extended by the Director of Planning in the Director's sole discretion. 7. Documents to be provided by Applicant to Consultant: (X) site plans/draft SPA document (X) grading plans ( ) architectUral elevations (X) project description (X) technical stUdies including water, wastewater, drainage, traffic (X) phasing plan. 8. Contract Administrators: City: Richard M. Rosaler, AICP Principal Planner City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 Applicant: Cynthia Shaffer Brookfield Shea Otay, LLC. 12865 Pointe Del Mar Del Mar, CA 92014 - 3859 Consultant: Anthony G Ambrose, AICP Burkett and Wong 3434 Fourth Avenue San Diego, CA 92103 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) Category No. 1. Investments and sources of income. ( ) Category No. 2. Interests in real property. H:\HOME~PLANNING\OtayranchWillage 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 20 Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and sources of income, which engage in land development, construction or the acquisition or sale of real property. Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ) Category No. 7. Business positions. 10. Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). H:~ItOME\PLANNING\Otayranch\Village 11 SPA\BSOPFFPcontrt.doc Thr~e Party Agreement 9/20/00 Page 21 Exhibit B Additional Recitals WHEREAS, the Applicant has deposited or will deposit an initial sum for the processing of requests for proposals, draft and final Public Facilities Financing Plans and Fiscal Impact Analysis, and all other necessary documems as outlined in Exhibit A, and WHEREAS, public notice of the required consulting services was given to the consultants included on the City's list of prospective consultants for preparation of Public Facilities Financing Plans(PFFP) / Fiscal Impact Analyses (FIA), inviting prospective consultams to submit proposals for preparation of the Village 11 SPA PFFP/FIA, and WHEREAS, the selection conunittee which has in accordance with Section 2.56.110 of the Chula Vista Municipal Code, recoxnmended the Consultant noted in Exhibit A to perform the required services for the City, and WHEREAS, the Contract Administrator has negotiated the details of this Agreement in accordance with procedures set forth in Sections 2.56.110 of the Chula Vista Municipal Code. H:LHOME\PLANNING\Otayranch\VilIage 11 SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 22 Exhibit C Compensation Schedule and Deposit: Terms and Conditions ( X ) Single Fixed Fee Arrangement For performance of all general and detailed services of Consultant prescribed in Exhibit"A', paragraphs 4 and 5, Applicant shall pay a single fixed fee, all of which is to be deposited upon execution of this agreement. The City shall pay Consultant in increments and at the times or milestones set forth below: ( X ) Single Fixed Fee Amount: $41,000.00 Milestone Amount/Percentage of Fixed Fee to be Paid 1. Signing of this agreement by all parties and upon request by the Consultant $10,250 / 25% 2. Deliverable #1 (Preliminary Draft PFFP) $14,350 / 35% 3. Deliverable #2 (Revised Draft PFFP) $6,150 / 15% 4. Deliverable #5 (Final PFFP) $6,150/15% 5. 10% retention amount $4,100 / 10% (X) Security for Performance ( ) Performance Bond, $__ ( ) Letter of Credit, $ ( ) Other Security: ( ) Type: ( ) Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Even, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount Retention Release Event: H:\HOME\PLANNING\OtayranchWillage 11 SPA~BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 23 (X) Completion of All Consultant Services to the satisfaction of the Director of Planning and Building. ( ) Other: ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation mount, Consultant agrees that Consultant will perform all of the General and Detailed Services heroin required of Consultant for $41,000.00 including all Materials, and other "reimburseables" ("Maximum Compensation"). Rate Schedule Category of Employee of Consultant Hourly Rate Burkett and Wong: Principal $125 Principal Associate $ 95 Engineer $ 95 Assistant Planner $ 65 Technician $ 60 Clerical $ 45 ( ) Permitted Subconsultants: CIC Research, Inc. Linscott, Law and Greenspan HSHOME\PLANNING\Otayranch\Village 11 SPA~BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 24 ************** Deposit (X) Deposit Amount: At execution of agreement - $41,000.00 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City' s receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. ( X ) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: Upon completion of each milestone B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: On the 10th day of each month following completion of each milestone C. City's Account Number: H:\HOME\PLANNING\Otayranch\Village 1 ! SPA\BSOPFFPcontrt.doc Three Party Agreement 9/20/00 Page 25 ~ ~""'~~~) ~ GuheY Brandywine Classics Residents and Homeowners Petition to the City of Chula Vista for the Orange Ave. expansion between Oleander and Brandywine. We the residents and homeowners of Brandywine Classics are requesting the following modifications to the plan to expand Orange Ave. between Oleander and Brandywine: o Continue to have the ability to exit to the right and left from Concord Way into Orange Ave. with a Light to allow the turn. o Have parking available on Orange Ave. o Have four lanes instead of six lanes between Oleander and Brandywine. o Access to Oleander Ave. from the back of Georgetown PI. t- o Eliminate the sound-wall on Orange Ave. from Oleander to Brandywine. o Add greenery to muffle the sound along Orange Ave. o Have a in change the alignment on the street according to map drawn. o Have a safe bus stop on Orange Ave. o Present Environmental Impact reports to the residents. o Present the Original easement plans to the residents. o Present the minutes to the public meeting forum where the decision to expand Orange Ave between Oleander and Brandywine was made to the residents. o Keep the maximum speed limit to 35 MPH on Orange Ave. between Oleander and Brandywma PROJECT: "OLYMPIC P ARKW A Y WIDING" EAST ORANGE AVE. between Oleander and Brandywine. CONCERNS: ENVIRONMENTAL IMPACT STUDY a) Accuracy of data and basis for study b) Items not even addressed (flood plane, swallows, 3rd story units, hazardous materials from abandoned motor vehicles in creek bed, etc.) c) Inadequate "Mitigation Measures" d) Provide copy of "Mitigated Negative Declaration" Report should be required NOISE a) Accuracy of data and basis for study (monitoring stations, time of day, traffic volume, speed, etc.) b) Long term effects above standards (with and without walls) c) Options to walls (sound windows, trees, insulation, etc.) d) Monitoring of site during and after completion of "General Plah~' e) Non address of 2nd and 3rd story floors except that code not require standard f) Health standards if noise permeates dwellings g) Vibrations h) Traffic speed i) Emergency vehicles traveling to hospital j) Mitigation Measures (how do you know that they will work and if they do not then what, will our properties be purchased by city at pre-construction values) k) Why did city approve our project as it is, if it was known that the Parkway was going in, and this would be an issue. (How could such a road be constructed so close to dwellings) AIR OUALITY a) Accuracy of data and basis for study (monitoring stations, conditions for "Hot SpoC levels, did study include stop lights, number of vehicles, etc.) b) Acceptable levels and effect on people (CO, Ozone, dust and its properties, etc.) c) Who will clean dust in dwellings due to construction if dust control measures do not work? d) Monitoring of area during construction and after "General Plan" e) Worse case scenario projections with total grid lock and cold vehicle operation due to stoplights, accidents, freeway backup, etc. TRAFFIC a) ADT(average daily traffic) conflicting reports 44k and 50k b) Accuracy of reports and basis for projections c) Peak Hour volume (now and in future) both AM and PM d) Road speed e) Type of vehicle traffic (cars, trucks, motorcycle, heavy truck, etc. and why truck volume is so low with future plans including development of "Commercial and Industrial") f) How traffic pattern effects Brandywine entrance g) Dedicated turn lanes in and out of main entrance h) Ability to turn left from main entrance onto westbound lane i) What if 3-way stop and if needed, a traffic light for access j) What if road is redesigned to be 4 lanes (how would this effect the LOS) k) What if road not built at all(how effect "General Plan") I) Emergency vehicles to hospital m) Emergency vehicle access into complex (fire trucks into back areas from Brandywine if unable to enter front entrance due to median) n) Internal complex traffic patterns due to non exits from main entrance (how effect child safety, paved area wear and tear, exiting during peak hour and special event heavy traffic volume, etc.) - 0) Emergency shoulder for vehicle breakdowns p) Bicycle access to westbound travel from complex main entrance q) Parking on roadway for complex and roadway maintenance AESTHETICNISUAL a) Lost views due to walls (both along roadway and inside compiex around pool) b) Study does not even address views from inside complex and unit views towards north side of road c) Study does not address reasonable opinion ofa 12 ft. wall just 15 ft. outside roadside units (who wants to look out their window at a wall instead of the view they now have) d) How well will graffiti resistant paint really work DEFINE PARKWAY (state, county highway or just city street) ACCESMENTS (who funding project, will project in any way raise our taxes including wall inside complex) CRIME AND VANDALISM (due to wall providing a good hiding place, including immigrants) HEALTH A1\'D CHILD SAFTY DUE TO ALL FACTORS LIGHTING PROPERTY VALUES PARKING PUBLIC TRANSPORTATION (access to bus stop for elderly and disabled) PROPERNESS OF REPORT EMERGENCY VEHICLE ACCESS LITTER DUE TO INCREASED TRAFFIC BOUNDRIESIPROPERTY LINE (placement of wall, has complex been maintaining city property for 15 years, and if so why) CONSTRUCTION DAMAGE (structural damage to units from vibration, dust inside units, noise affecting quality oflife, air, etc.) GENERAL OVERALL OUALITY OF LIFE IN COMPLEX CHANGES DUE TO PROJECT 2 II II II II II II II II II II III II II II II II -- II .. f..... , --- /- -1- :t- -/-- .' ,- '\;;, , 7'.. ~ Q) .;:: ~ l1l CO Q) U) '0 z ,..1 1- I 0; .!O iD <l> C '0, C W x " 1i' a; !2 Cgi "'<l> " ., ~&l , t. , II) e: ::l Cl IT: 1/)0 C~ Oz :;:; ~ ~~ .3~ "CO c!X: as~ :E~ .~~ Q)Cl< :I:S:l .~ ~ COO CD>. .~ ~ Otll zg r:t: ~~ .- E .- Q) I- a.. '" '" C3 ~ - ~ ~ >< - -- ....... == - '" - CD c z =< - m )> III -i --:z 0 ........... ~ :II c->CTj )> Z G'l =::0 m \ ~ \ c-:> , .". \ 't. >Z ~ '" ~ )> cnO~ ~ " ~ ~-;::-~ - ~ tlI OHfIHf{j ;: ~ -~ w c->- ~ ~ "'Z ~ c z =< c::. Fl t"1'j tlI 00000 )> ." .., Z 0 < p (") z:cr=mo >-4r-oz -o<n;:un n~2'~Q Petra Barajas I '" ~ If.?. -.- ._~- -- -- RECEIVED BY CLAIM AGAINST THE CITY OF o.UMMI1\~R ES (For damages to persons or personal projl\!li~21 ." CITY Of CHUlA VISTA Received bY..1A~ via o U.S. Mail o Inter-Office Mail ~ Over the counter 1000 SEP 26 Prl ~8 TIME STAMP FILE NO A claim must be filed with the Personnel Department, Risk Management Division, of the City of Chula Vista within six months from the date of incident or event occurred. Be sure your claim is against the CITY OF CHULA VISTA, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Complete claims must be mailed or delivered to CITY OF CHULA VISTA, Personnel Department, Risk Management Division, 276 Fourth Avenue, Chula Vista, CA 91910. b. PHONE NO: Home: Business: e. SOCIAL SECURITY NUMBER: 2. ~ddress to which claimant desires notices to be sent if other than above: ~ Clf!/L71- )f5~ ~//, c; / '1/::;1.. , 3. a. DATE: .sEJ.7r::l11./3~/~/JitDT;J c.PLACE (exact and specific locations): b. d. Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary): SEI.JIO~-Cii7'2eNSJf3;]ct;IEDTo ' " 1< c, _ 6 <;s 'f:r:sd.p. II 1~\r;~=;e;.;;;;t:f~f]:~~~.::'~ \J;J'rtc(!erCOI.lLp;Scl:Tl/f.;m"O My..s. vt-,tJe7L. e. State how or wherein the City of Chula Vista or its employees were at fault: L R~Tr;r:~:-:::::r!~:tt:;r:::~r;f:S::=!;/i:w Iffe'foLlr t;" ~. ~ E 1) !fr t::" e- . g::- , S. :t \.fJftS/IlOT ).\\<,c .c0)<~YING'To.s'QuM"E'f!-/tIli7i'GC1'Y ~o~Ty !OR.I/lSCCU1o/r;DNsTI ~.f ~eml,,1 ~..~". 4. Give a description of the injury, property damage or loss, so far as is known at the time of this claim. If there were no injuries, state "no injuries". (If your claim involves a vehicle, include license, year, make and . modeL) INTI/IE" C'DMII1~pJ SeNSE FI<VPE/VT Ri7fSbNlt-[3LE !/1/rN3- /ttl N Py4'PIJ RIrC/IJ-t.. D ~ ,C: <: E " - ~ t:':S0 0 - :e: Le!~. L f:;-Jf, ~W e-T-o t 'ThE [5c- Ii t, V 'C)::. c::.o/IJsTlTvTT:,5 .tN:rfJ.:tv f.'f To Dcff'.(y,& '1l1e ct'77f6' IfBoY'e-l/le/'fTlo1-J p -F1<of(:.AZ.TV ,,"NO!,!~ {/-OM" 5. qive the name(s) of the City employee(s) causing the damage or injury: ~>~.; ~yl ~t-l stk'TI N hi ~ l>i IJS' /fNMLL 'ilf1I..E:R S' DI I?ff.Tl (,I DI!..:rNf) ( (2E('.1Z V J '" -!_!.~:..S:-L.!-~ _7J "'- <Q1v1/<;91J AJ S I N'17:h <; 'TtliJ'V ;..y. / ,.. . 6. Name and address of any other person injured: -AJ- A 7. Name and address of the owner of any damaged property: /rRD,rc-MElf770!/JF!J 8. Damages claimed: (1) If over $10,000 indicate court jurisdiction: 0 Municipal Court % Superior Court (2) If under $10,000 list: a. Amount claimed as of this date: $ ,f? 50ljt;Cf $ }seefJ M U Lt..-1f;:fJ 1Jill:]!.-8lT 171L fJf-IP, b, Estimated amount of future costs: c. Total amount claimed: $ 9. d. Basis for computation of amount claimed (include copies of all bills, invoices, estimates, etc.) J5l\S1s M~,I:'"l7fE YF-M<. 5If-/.A-J..kf!J F ElJcJI EI/Afi!y EFSEJI.1)N~ / N77IcDI A-S /A,duMfJr;'lf.:,: City cLEl<l='s YR..:.9/-lIrfl;; fLe: e SEI7 A/lUff}. c:x/i. A .. Names ana addresses of all witnesses: "JS1J\-l:-~fW:j ~TcR.J-"J!fJLfI1I,}LE!fli =~e~'" ;:: :r:)};:f~~N;::~~f~f[~:~U_ _ p 0 <?.. ~ 11; /~ (4) WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal Code Section 72). I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief and as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE and CORRECT. Signed this 1).1, :[5"J? B' :l,fJOD L } 1 :~ '/ dayof Sr,' ,f;;/J1 E/?/S"_ at Clff/ 1!-/llfh0~/J., r'EAS-156 lHev. 4.96) 33rznuBd~~~ CLAI NT'S SIGNATURE Petra Barajas S.t::~l1"L~f~0'~O ---..-.-...- ..L<QmJ).'EYE},JI1JlI-lItP/E..s..kJi[2j;EJJ.Yte IJ?EALhNJ) . .. ~ . .LH4Jd2l.!J1lld L # _ --:-'-----~m--~ll~-BA'~JJtlDJnt7J?-.n~r:~/rcr g...._______ .-------LI E~~E c .___.__ --.--.-----.--.J,r:;.JilllJtylS7lb-k,&~-:!fJ31 '() . . . _. ---- !W. 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Sl g ? fj' .,,-:;" Of :I .. iii '0 i~ ~ ~-, i ,".' ~; , }1!l e:e: , '< '" '" , .W "'.~ ~ s:~.,..,.'O a ::rl'Ri'S H'le~ -" ~:~ .~~ :>-~s- '. ~r~;.l .....,,'" ~ ::r: ;:;r lIU'i.;;J 1l!'~'F'~I", /' -------- 09/26/00 11:48 FAX 5102516805 DUKE ENERGY-OAKLA~D OFF! ~002 002 _Duke r_Energy~ J Duke: Energy North America 655 3" St PMB # 49 Oakland CA 94607 Phone 5/025/6807 Fax 5/025/6805 September 26, 2000 Chris Salomone City of Chula Vista Community Development Director 276 Fourth Avenue Chula Vista, CA 91910 Re: Options for the City of Chula Vista on Energy: Dear Mr. Salomone: Duke Energy appreciates the 'opportunity to comment on the resolution by the City of Chula Vista to assess energy options in the greater San Diego region, Duke Energy shares the concerns of the City ofChula Vista over recent shortages of power and the high prices of power that have impacted the greater San Diego region, As you are aware, Duke Energy is the operator of the South Bay power plant in Chula Vista, Duke Energy would like to comment on the concepts that are presented within the September 26, 2000 Agenda Statement that pertain to our company and its activities in the San Diego region: . Duke Energy is in the process of evaluating how it can modernize the existing Chula Vista power plant. This modernization will include new highly fuel efficient combined cycle technology in place of the boiler technology. Key to our evaluation of the modernized plant is the environmental review that is necessary to support the permitting of such a project. . Duke Energy is willing to explore options with the City ofChula Vista that include the possibility ofbi-lateral contracts for electric power. This will have the benefit of enhancing the reliability of service while stabilizing the cost of electricity. Again, thanks for the opportunity to comment on these important issues. We look forward to working further with the City of Chula Vista. Should you have any question, please do not hesitate to call. :;;r:L(l ~d~ Mark A. Seed all Director of Electrical Modernization ....... .. Q ~ QJ ~ = ~ ....... eIJ r:I). 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COUNCIL AGENDA STATEMENT Item Meeting Date 9/26/00 ITEM TITLE: A) Public Hearing on the Enactment of an Ordinance Regarding Deposits For Public Street Trees In Subdivisions in which the Completion of Full Parkway Landscape Improvements is Guaranteed by Sufficient Surety B) Ordinance Amending Section 18.28.010 of the Chula Vista Municipal Code Regarding Deposits For Public Street Trees In Subdivisions in which the Completion of Full Parkway Landscape Improvements is Guaranteed by Sufficient Surety. (Introduction and First Reading) SUBMITTED BY: City Attorney Director of Public Works/~~/ REVIEWED BY: City Manager ~,.~Y (4/5ths Vote: Yes No X ) Section 18.28.0t0 of the Chula Vista Municipal Code (CVMC) requires a subdivider to deposit a fee for each lot in which a street tree has not been installed at the time of acceptance of public improvements. Staff has determined that the deposit of said lee is duplicative and not required in subdivisions in which the full parkway landscape improvements have not been completed, but have been guaranteed by sufficient surety. The proposed ordinance amendment would allow the acceptance of public improvements prior to the completion of full parkway landscape improvements, which have been guaranteed by surety without the deposit of a fee for each lot in which a public street tree has not been installed. RECOMMENDATION: That the City Council conduct a hearing on the enactment of an ordinance amending Section 18.28.010 of the Chula Vista Municipal Code regarding deposits for public street trees in subdivisions in which the completion of full parkway landscape improvements is guaranteed by sufficient surety and introduce the ordinance (Item B) for first reading, as described in the above titles. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: Currently, subdividers are required to install appr6ved street trees as each lot within a subdivision is developed. For those lots in which street trees have not been installed at the time the public improvements required by CVMC Section 18.16.220 are accepted by the City, the subdivider must deposit a fee into the Street Tree Trust Fund. In subdivisions where there Item Meeting Date 9/26/00 is a parkway between the public curb and the public sidewalk, the subdivider is required to provide surety to guarantee the completion of irrigation systems and the planting of vegetation and street trees in said parkway. Staff has determined that in subdivisions in which the completion of full parkway landscape improvements consisting of, but not limited to, the installation of irrigation systems and the planting of vegetation and street trees has been guaranteed by surety, the deposit of the street tree fee is duplicative and is not required at the time public improvements are accepted by the City. The proposed ordinance amendment would allow the acceptance of public improvements prior to the completion of full parkway landscape improvements, which have been guaranteed by surety without the deposit of a fee for each lot in which a public street tree has not been installed. FISCAL IMPACT: Developers pay all costs for street trees and parkway landscape improvements. Attachment: Proposed Ordinance Amending Section 18.28.010 of the Chula Vista Municipal Code /kpa H:\HOME\ENGINEER\AGENDA\ 1828_1 ST. 113 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18.28 OF THE CHULA VISTA MUNICIPAL CODE REGARDING DEPOSITS FOR PUBLIC STREET TREES IN SUBDIVISIONS IN WHICH THE COMPLETION OF FULL PARKWAY LANDSCAPE IMPROVEMENTS IS GUARANTEED BY SUFFICIENT SURETY WHEREAS, Section 18.36.010 of the Chula Vista Municipal Code requires subdividers to provide public street trees as part of minimum improvements: and, WHEREAS, subdividers are required, pursuant to Section 18.16.220 of the Chula Vista Municipal Code, to provide surety to guarantee the completion of full improvements within subdivisions including those in which full landscape improvements, consisting of, but not limited to, the installation of irrigation systems and the planting of vegetation and street trees, are required in the area between the public curb line and public sidewalk ("parkway"); and, WHEREAS, Section 18.28.010 of the Chula Vista Municipal Code requires subdividers to deposit a fee with the Director of Finance for each lot in which a street tree has not been installed at the time of acceptance of public improvements; and, WHEREAS, staff has determined that the deposit of a fee with the Director of Finance for each lot in which a street tree has not been installed in the parkway at the time of acceptance of public improvements is duplicative and is not required in subdivisions in which the completion of full parkway landscape improvements has been guaranteed by sufficient surety, thus insuring that the parkway improvements including the street trees will be installed; and, WHEREAS, the City of Chula Vista has conducted legally noticed public hearings on September 12, 2000 and has provided all interested parties an opportunity to be heard on these issues. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Section 18.28.010 of the Chula Vista Municipal Code, entitled "Deposits for street trees -- Required -- Amounts -- Disposition -- Labor costs." is hereby amended to read as follow~ 18.28.010 Deposits for street trees--Required--Amounts--Disposition--Labor costs. A. The subdivider is required to install approved street trees in accordance with Section 18.32.110 as lots within the development are occupied. For those street trees which have not been installed at the time of acceptance of public improvements, the subdivider shall deposit with the Ddirector of [finance the Required Deposit Fee(s). For subdivisions.in_which full !andsca~e improvements, including but not limited to the j!~5[~!l~tj~ .p~ a~ !!!e~lanting of vegetation and street trees, are [~qPi[~ .i~ LI~%.~[~.. ~[~.~n_ [he_2°ublic curb line and the public sidewalk and in which the sub~!~!~er h~5 providc~ sufficient surety to guarantee completion of said landscape improvements, no l)c~posit Fee is required as a Erer%lu~!~t~ [p ~A.c_g~ptance 9_f public B. No acceptance of public improvements shall be §iven until such sums, if required [Lm'suant to Paragraph A, are received by the D_director of [finance. Such sums shall be deposited in the public works street tree trust fund. Sums in this fund shall be used for the purchase and planting of trees at such time as the lots become occupied. C. Costs tbr labor and equipment required to plant trees for which deposits have been made shall be determined by the Ddirector of Ppublic W_~orks. The ~dkector of !!l!inance shall transfer sums so determined to appropriate operatfug accounts upon receipt of a summary of planting costs and request for transfer of funds from the !~director of .[~public W_works. D. In any instance where the planting of a tree at a specific site is determined by the director of public works to be impractical or where the adjacent property owner makes practical objection to the planting of a tree, the deposit for such tree may be utilized for the purchase and planting of trees at any location within the public street system of the city. SECTION II: This ordinance shall take effect and be in full force on the thirtieth days from and after its second reading and adoption. Presented by Approved as to form by John P. Lippitt //o/.z~ ~. Ka~heny Director of Public Works ~/City Attorney H: \home\attorney\ordinance 18.28.010 COUNCIL AGENDA STATEMENT Item No Meeting Date 9/26/00 ITEM TITLE: Public Hearing - to consider modifying City Gaming Plan pursuant to Chapter 5.20 of the Municipal Code to reduce the number of cardroom licenses and allow for changes to hours of ~peration, types of games played, bet limits, service of alcohol, license fees, employee screening and identification, patron safety and security, and crime reporting requirements. Resolution Modifying the Chula Vista Gaming Plan pursuant to Chapter 5.20 of the Municipal Code and Approving the Transfer, Relinquishment and Termination of Two of the Four Existing Cardroom Licenses SUBMITTED BY: Chief of Polic~ City Attorn ey~,- REVIEWED BY: City Manager~r~~ ~,,~'P' (4/5ths Vote: Yes No XX ) RECOMMENDATION: Staff recommends that the City Council open the public hearing, consider all written and oral testimony presented, and approve the proposed Gaming Plan modifications effective upon the relinquishment and termination of two of the four existing cardroom licenses. If the City Council disapproves the proposed Gaming Plan modifications, staff recommends that the City Council nonetheless approve the conversion of the existing percentage based license tax to a fixed fee license tax. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable BACKGROUND: Harvey and Elizabeth Souza, dba the Village Club Cardreom at 429 Broadway, are proposing material modifications to the City's existing Gaming Plan. The proposal would increase the maximum allowable operations from 20 to 24 hours per day, allow additional card games subject to Chief of Police approval, eliminate bet limits, allow the service of alcohol at the tables, convert the gross revenue based tax structure to a fixed fee structure, and related changes. Staff Page 2, Item Jl Meeting Date 9/26/00 is also proposing a number of modifications designed to improve implementation of the Plan, and security and safety at the club. In consideration of City approval of the proposed changes, the Souzas are prepared to acquire the other two existing cardroom licenses held by Chula Vista Bay Club, Inc., and to relinquish those licenses to the City for elimination. Staff is recommending approval of the proposed modifications effective upon the Souzas acquisition, relinquishment and termination of the two other existing licenses. DISCUSSION: Over the past decade, the City Council has reviewed the Gaming issues in our community on five occasions. On February 20, 1996, the City Council approved a Gaming Plan, which made changes to the City's previous Gaming Ordinance. The 1996 modifications to the Gaming Plan allowed for local control of this issue as allowed by State legislation. The Gaming Plan established rules regarding cardroom operations such as fee structure, hours of operation, types of games allowed, and quantified the types of licenses allowed. In January, 1998, a request was made of the City Council for additional changes to the Gaming Plan, which primarily related to a proposed consolidation of all four existing licenses into one 24-hour cardroom operation. The City Council reviewed that request from Mr. Haig Kelegian and Mr. Harvey Souza and denied the request; however, the City Council did modify the plan to add an expanded security plan requirement to bring the cardroom operations into compliance with state law. In November of 1998, the City Council also approved a modification that reduced the maximum number of licenses to four, and required an advisory vote of the people before additional licenses could be issued. The current proposed modifications to the Gaming Plan were derived from an ongoing series of negotiations occurring this year. Mr. Souza approached staff about changes to the Gaming Plan in January, 2000. He had a three-step proposal, which called for modifications to his business operation, modifications to the Gaming Plan, and, ultimately changes to the Conditional Use Permit at his current location. In the context of settlement negotiations over unpaid amounts, a new method of calculating per table license taxes was proposed to simplify the cardroom tax structure process by eliminating the collection of fees based on the cardroom's gross revenues. Mr. Souza's request for changes was predicated on his ability to surrender the existing two licenses presently owned by the Chula Vista Bay Club, Inc.. Mr. Souza proposed that he would acquire the licenses and subsequently transfer ownership of those licenses back to the City whereupon they would be terminated. The outcome of this action would then leave Mr. Souza in Page 3, Item // Meeting Date 9/26/00 possession of the only two valid Chula Vista Cardroom licenses. He would continue to operate the Village Club Cardroom as a consolidated operation with a maximum of 12 tables. GAMING PLAN MODIFICATIONS: The following is a summary of the Gaming Plan Modifications. The complete text of these changes is attached in an underline/strike-out format. 1. Reduction in Authorized Licenses from 4 to 2. ]Section 2.2]. The existing Gaming Plan allows for the existence of 4 cardroom licenses. Additional licenses may be authorized, but only after an advisory vote of the people. The proposed change would reduce the existing licenses from 4 to 2 (the two held by the Souzas as a consolidated license allowing for the maximum operation of 12 cardroom tables). The relinquishment of the licenses will be accomplished by requiring both the Chula Vista Bay Club, Inc. and the Souzas to execute a form of waiver, release and relinquishment p?epared by the City Attorney. 2. Allowance of all Card Games Legal in California subject to Chief of Police Approval [Section 2.31 and 3.2.2] The existing Gaming Plan specifically identifies games that are allowed to be played. This revised approach would allow for the introduction of new games allowed by the state subject to Chief of Police approval in his/her sole discretion. 3. Conversion of Gross Revenue Tax to Fixed Fee. [Section 2.7.2] In 1996 the City developed a tiered license tax that paid the City higher fees as a cardroom generated higher gross revenues. The structure generated higher fees, but has proven difficult to implement. The proposed modification eliminates this revenue based structure in favor of a tiered fixed fee structure. Standard Class I (no "backline" betting) tables will now pay $10,000 per table per year. Class I higher stakes tables will now pay $15,000 per year, and Class II tables (back-line betting)will now pay $20,000 per year. These figures will increase by 5% commencing July 1,2001. The potential fiscal impacts of these changes are discussed in the Fiscal I~m'~act section bf this report, below. Page 4, Item II Meeting Date 9~26~00 4. 24 hours per day Operation. [Section 3.4]. The existing plan allows a maximum of 20 hours per day of operation (the cardroom must be closed between 4:00 a.m. and 8:00 a.m.). This proposal would allow 24 hours per day operation, 7 days per week. Hours of operation would remain subject to potentially more restrictive City land use conditions imposed on a site specific basis. 5. Maximum Bets. [Section 3.7]. The existing plan caps bets for Class I games at $80 per hand; Class II (back-line betting) games have no bet limit. The proposed modification would eliminate the betting cap on Class I games, subject to ongoing review by the Chief of Police. 6. Miscellaneous Safety and Security Measures. New safety and security measures include the following: (a) No minors (age 21) are allowed in the gaming area [Section 3.1.1]. (b) The use and identification of "proposition players" is now specifically regulated. [Section 3.9.6]. (c) The required patron safety and security plan is now more specifically regulated. [Section 3.15], and (d) Crime reporting requirements have been added. [Section 3.16]. Upon City Council adoption of the Gaming Plan, it is Mr. Souza's intent to move forward with modifications to his existing Conditional Use Permit application PCC00-16; Village Cardroom Alterations. The Planning and Building staff have requested operational plans from Mr. Souza which will be utilized to determine land use issues associated with this proposal. Staff expects this permit to come before the City Council for consideration in the next few months. The applicant has indicated his support for the changes to the Gaming Plan and in his discussions with City staff has indicated his intention to continue to run a "mom and pop" operation at 429 Broadway, the Village Club Cardroom. CONCLUSION: Modifications to the Gaming Plan, as outlined in this document are acceptable and manageable. The Chief of Police retains substantial discretion to monitor, Page 5, Item I{ Meeting Date 9/26/00 investigate and regulate issues associated with cardroom operation. As a result of the changes proposed to the Gaming Plan, staff's authority to regulate cardrooms in Chula Vista is both strengthened and streamlined. The elimination of 2 of the 4 existing licenses is also beneficial. FISCAL IMPACT: Under the current Gaming Plan tax structure, Mr. Souza owes the City approximately $227,000 in delinquent table taxes and an additional $95,000 in late penalties and interest. These amounts have been calculated up through the end of the third quarter. Mr. Souza disputed these charges and the City council authorized staff to settle this matter equitably. As a result, a twelve month payment plan has been developed and agreed upon by the applicant that will forgive the late penalties and interest entirely and reduce the amount owed to $200,000. This agreement will have been executed by the Souzas and an initial $50,000 payment made prior to your consideration of the Gaming Plan amendments. Modifications to the Table Tax Fee will streamline both the wording and the calculations associated with tax collection. Should Mr. Souza continue operating his eight Class I tables under the current license tax structure, City staff estimates that the City would be entitled to receive $200,000 annually. Of this amount, $80,000 is the base per table charge and the remaining $120,000 is calculated using a progressive tiered percentage of gross receipts. The proposed modification to the Gaming Plan eliminates the progressive tiered percentage calculation entirely in favor of a fiat per table rate based on the different table classes. Upon full expansion of gaming at this location, (six Class I tables, three Class IA tables and three Class II tables), the City would receive a fiat rate of $165,000 per year in Table Tax Fees. Attachment A - Gaming Plan H:\shared\attorney\modified gaming plan a113 (Glen) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE CHULA VISTA GAMING PLAN PURSUANT TO CHAPTER 5.20 OF THE MUNICIPAL CODE AND APPROVING THE TRANSFER, RELINQUISHMENT AND TERMINATION OF TWO OF THE FOUR EXISTING 'CARDROOM LICENSES WHEREAS, over the past decade, the City Council has reviewed Gaming issues in our community on five occasions; and WHEREAS, the 1996 modifications to the Gaming Plan allowed for local control of this issues as allowed by State legislation; and WHEREAS, in January, 1998 additional changes to the Gaming Plan were made enhancing the security element; and WHEREAS, the current recommendations outlined as modifications to the Gaming Plan were derived from an ongoing series of negotiations occurring this year; and WHEREAS, a review of the Gaming Plan also allowed City staff the opportunity to include cleanup language and to insert operational changes in the ordinance that would enhance both the operation and enforcement of the cardroom; and WHEREAS, the amendments to the Chula vista Gaming Plan will do the following: 1) reduce the number of cardroom licenses; and 2) allow for changes to hours of operation, types of games played, bet limits, service of alcohol, license fees, employee screening and identification, patron safety and security and crime reporting requirements (the proposed amendments to the Gaming Plan are attached hereto as Attachment A); and WHEREAS, the amendments were considered at a public hearing of the Chula Vista City Council on September 26, 2000. 1 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby modify the Chula Vista Gaming Plan pursuant to Chapter 5.20 of the Municipal Code as set forth in Attachment A with such minor modifications as may be approved or required by the City Attorney. BE IT FURTHER RESOLVED that the City Council does hereby approve the transfer, relinquishment and termination of two of the four existing cardroom licenses leaving in effect only those two consolidated licenses currently held by Harvey F. Souza and Elizabeth Souza. BE IT FURTHER RESOLVED that the Gaming Plan modifications approved hereunder shall go into effect only upon the execution and delivery by the Chula Vista Bay Club, Inc. and the Souzas of a form of relinquishment prepared and approved by the City Attorney. Presented by Approved as to form by Richard P. Emerson Chief of Police H: ~home \ at t orney\ re so~gamin~, amd 2 ATTACHMENT A CHULA VISTA GAMING PLAN In accordance with Chapter 5.20 of the Chula Vista Municipal Code (the "Gaming Code"), this document shall serve as the gaming plan for the City of Chula Vista (the "Gaming Plan"). This Gaming Plan was adopted on February 13, 1996, after a public hearing, pursuant to city council Resolution No. 18212. The Gaminq Plan has been amended as follows: (1} on January 13, 1998 pursuant to Resolution No. 18862; (2) on November 10, 1998 pursuant to Resolution No. 19251; and (3} on September 26, 2000, pursuant to Resolution No. The modifications contained in such amendments shall be deemed effective as of the dates of their adoDtion. Effective upon its adoption, this Gaming Plan shall implement, in its entirety, Subchapter 2 of the Gaming Code. In the event of any inconsistency between this Gaming Plan and the Gaming Code, the terms and conditions of this Gaming Plan shall govern. Except to the extent that this Gaming Plan expressly modifies or is otherwise inconsistent with the Gaming Code, the Gaming Code shall remain in full force and effect. This Gaming Plan is intended to deal only with the subject of cardrooms. No other types of gaming permitted by the code, subject to the adoption of a gaming plan with respect thereto, shall be permitted or governed hereby. To be permitted, such other types of gaming must be the subject of further action by resolution of the city council to amend or add to this Gaming Plan. CARDROOMS 1. Cardroom Defined. For the purpose of this Gaming Plan, a "cardroom" is defined to be any space, room or enclosure furnished or equipped with a table or tables used or intended to be used, either exclusively or in conjunction with another business or activity, as a card table for the playing of cards and similar games, and the use of which is available to the public. 2. Licensinq. 2.1 License Required to 0Derate Cardroom -- Individual Licensee's Must be 21 Years or Older. A license from the city issued pursuant to the Gaming Code or this Gaming Plan, is required for any person, group of persons, partnership, corporation, or any other entity or organization (each a "Person" hereinafter) to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, any cardroom in the city. Any such activity conducted without such a license, or otherwise in non-compliance with the terms of the Gaming Code, this Gaming Plan, or any and all other applicable federal, state and local laws and regulations shall be unlawful. No license shall be issued to any individual Person under the age of twenty-one years. 2.2 Number of Licenses Permitted -- Existinq Licenses. The number of licenses authorized to be issued or held, in the aggregate, under the provisions of this Gaming Plan shall be limited, based upon the population of the city according to the certified determination thereof by the state department of finance. The number of licenses so authorized may not be more than fsur (~) two (2). All such licenses shall be issued and held in accordance with the provisions of this Gaming Plan; provided, however, any Person holding'a license or licenses to conduct cardroom operation upon the effective date of this Gaming Plan may continue to hold such license or licenses subject to the terms and conditions set forth herein. For purposes of determining the number of licenses which are authorized to be issued by the city hereunder, any two licenses which are "consolidated" pursuant to Section 2.6 hereof shall still be treated as being two separate licenses counted against the total number authorized. 2.3 Types of Licenses -- Class I and Class II. 2.3.1 In General. There shall be two types of cardroom licenses: Class I and Class II. The characteristics, rights, obligations and limitations attributable, respectively, to a Class I or Class II licenses are set forth throughout this Gaming Plan. subject to all such provisions, in general, (a) a Class I license shall permit the playing of all games permitted by the state attorney general as of Dcccr~cr 31, I~9~ to be within the permissible subject of local licensing by California cities, except qames involvinq "back-line" similar ~amcs; and {b) a Class II license shall permit the playing of all games permitted under a Class I license, and shall also permit qames involvinq back-line bettinq the playing of 2.3.2 All licenses issued by the city shall initially be Class I holder of a Class I license (a) must have continuously operated a cardroom under its Class I license within the city for a period of three (3) years at a fixed location; and (b) must apply with the city and receive prior approval from the city for such conversion in accordance with the application 2.4 Application/Issuance Procedure. application therefor to the chief of police. Such application shall be on a form issued by, or otherwise approved in advance by, the chief of police. Such application shall include, in addition to any other information required cardroom operation proposed to be licensed; (b) the past criminal record, if any, of any and all such Persons; (c) the fingerprints of any and all such Persons; (d) the proposed location of the cardroom; and (e) a non-refundable fee, as presently designated, or as may in the future be amended, in the Master Fee Schedule, to cover the cost of processing the application and of any required investigation of the applicant. Upon the issuance of a cardroom license, the chief of police may authorize the refund of the investigation portion of the application fee to any Persons who were not subject to investigations. 2.4.2 Each cardroom license application shall be totally independent and unassociated with any other application being submitted for the purpose of obtaining such a license. No applicant requesting a license pursuant to this section may have a financial interest, or any other interest (as described in Section 2.4.3 hereof) in any other cardroom license, or application pending therefor. 2.4.3 For purposes of this Section 2.4 and the Gaming Plan, the term "financial interest" shall mean any and all direct or indirect ownership, creditor or other interests in a cardroom license, the cardroom business operated thereunder, the assets thereof, or the revenues generated thereby. Such an interest shall include, without limitation, any and all interests held by building owners, landlords, tenants, equipment or fixtures owners, lessors or lessees, creditors, lenders or guarantors related in any way to the ownership, financing or operation of the cardroom; and (b) a parent, spouse, sibling or child of an individual Person holding a direct, majority or controlling ownership interest in a license or cardroom shall also be deemed the holder of a "financial interest" for purposes of this Section and this Gaming Plan. 2.4.4 Any new or revoked cardroom license otherwise qualified for issuance may be issued during the period of May 1 through June 30 following the availability or revocation date of such a license. After the expiration of this period no further licenses shall be issued until the following May 1 through June 30 period. In the event that there are applications in excess of the number of licenses available in accordance with the limitations set forth in Section 2.2 hereof, a license may by issued to the most qualified of such applicants in accordance with a procedure established by the city. Notwithstanding the foregoing, the city shall decide, in its sole discretion, as to whether to issue any cardroom license authorized hereunder, and whether or how to condition such an issuance; furthermore, the city reserves the right, for any reason whatsoever, to reject any and all applications for a cardroom license hereunder. 2.5 Transfers. 2.5.1 In General. Any license issued pursuant to the Gaming Code or this Gaming Plan, a cardroom operated thereunder, or any direct or indirect interest therein, may be transferred, but only in strict accordance with the terms and conditions of this Section 2.5. Transfers governed by this section shall include, without limitation, any and all sales, leases, conveyances, assignments, grants, pledges, gifts, devises, donations and/or similar transfers by a Person of any or all of such Persons, direct or indirect, ownership interest in a license or cardroom operated thereunder, or "financial interest" in a license or cardroom operated thereunder, as such concept is defined in Section 2.4.3 hereof. Such transfers shall include, without limitation, (a) a transfer of all or any shares by a shareholder in a corporate licensee; (~ the transfer of all or any partnership interest by a partner in a partnership licensee; (c) the transfer of all or any portion of a controlling shareholder or partnership interest in an entity which itself holds a direct or indirect ownership or financial interest in a license or cardroom; and (d) a transfer of a substantial portion of the assets of a Person holding a license or a cardroom operated thereunder. 2.5.2 Application Required. A license may only be transferred to a Person that submits an application for approval by the city chief of police and receives approval from the city chief of police in accordance with the procedures set forth for the issuance of e licenses set forth in Section 2.4 hereof. Fees for the application and investiqation relatinq to transfers are addressed in Section 2.5.8 herein. 2.5.3 Approval Required. Any and all proposed cardroom license transfers must receive (a) prior written approval of the chief of police, which approval may be withheld in the sole discretion of the chief of police, (b) approval by the State of California Division of Gamblinq Control; and (b) (c} the ratification of the city council, which ratification may be withheld in the sole discretion of the city council. Such approval and/or ratification may be conditioned as the acting parties deem appropriate, and may be based, but is not required to be based, entirely or in part on the assessment by the chief of police or, as applicable, the city council, of the character of the proposed licensee, or on the opinion of the approving or ratifying entity, that there appears to be good cause why such Person should not operate a cardroom. Notwithstanding the foregoing in the event of a transfer directly caused by the death or divorce of a Person holding a financial interest in a license, the "prior approval" requirement, above, shall be amended to require that approval of the resulting transferee be obtained by no later than sixty (60) days following the death or divorce causing such transfer. 2.5.4 Three Years Operation Required Before Transfer. with the exception of those licenses which have been issued prior to September 1, 1992, no license may be transferred unless and until the holder thereof has been operating a cardroom governed by such license for three (3) years at a fixed location in the city. Licenses issued prior to September 1, 1992 may not be transferred unless and until the holder thereof has been operating a cardroom governed by such license for one (1) year at a fixed location within the city. 2.5.5 Non-Complying Transfers. In the event of a purported transfer of a license which does not comply with the terms of this Section (a) the purported transferror shall be subject to monetary penalties as provided in Section 4.2 hereof; (b) the purported transferee shall have no rights to operate a cardroom in the city under the authority of such license; (c) the license involved shall be subject to revocation by the city as provided in Section 4.3 hereof; and (d) the transfer may otherwise be declared null and void. 2.5.6 Special Rules for Transfers of Class II Licenses. 2.5.6.1 Except as otherwise provided herein, upon the transfer, either all at once or in a series of transfers, of a "material or controlling financial interest" (defined below) in a Class II license, the Class II license which is the subject of such transfer shall immediately revert back to a Class I license. A Class II license so reverted may be converted back to a Class II license, but only in accordance with the provisions of Section 2.3.2 hereof. 2.5.6.2 Notwithstanding the foregoing, a material or controlling interest in a Class II license may be transferred without reversion of the subject Class II license to Class I status subject to the following terms and conditions: (a) The .transfer must be to a ~pre-qualified transferee". For purposes of this Section, a ~pre- qualified transferee" shall be defined as a Person on record with the Chief of police as a Person holding a financial interest in the license, which, with the prior knowledge of the Chief of police, acknowledged in writing thereby, has been substantially responsible for the management and operations of the licensed cardroom continuously for a period of three (3) years. (b) In addition to the agreement required pursuant to Section 5.5 hereof, any pre-qualified transferee shall enter into a written agreement with the City whereby such Person, on behalf of itself, any successors or assigns thereof, and any and all parties with a financial interest in the license or the cardroom operated thereunder, agrees that (a) the Class II status of the license to be transferred thereto shall be temporary and subject to reversion to Class I status in accordance with this Section; and (b) any action taken by the City to revert the Class II license to a Class I license shall not constitute a taking of any property or other interest held by such Person(s); and (c) such Person(s) waive and agree not to pursue any and all claims or other action against the City in connection with a City decision to revert the Class II license to a Class I license. (c) Until such time that Class II Games have been operated continuously by the pre-qualified transferee for a period of one (1) year following the effective date of the transfer of the Class II license, or such longer period as the Class II license, or such longer period as the Chief of police may require (the ~Temporary Class II Status Period"), the Class II status of the license shall be temporary, and therefore subject to reversion to a Class I license upon a determination by the Chief of police, in his/her sole discretion, for any or no reason whatsoever, that the transferee should be required to first operate as a Class I licensee prior to being permitted to operate as a Class II licensee in accordance with the terms and conditions of Section 2.3.2 hereof. Such determination may be made at any time within thirty (30) days after the expiration of the Temporary Class II Status Period. (d) Pre-qualification of a potential transferee hereunder shall not constitute City approval of a transfer to such potential transferee and any such transfer shall remain subject to the provisions of Section 2.5 hereof. 2.5.6.3 For purposes of this Section, the City shall determine, in its sole discretion, what constitutes a ~material or controlling financial interest"' provided, however, in general, a transfer of a financial interest for purposes of pre-qualifying a Person under Section 2.5.6.2 shall not be considered the transfer of a "material or controlling financial interest". 2.5.7. Except as otherwise provided herein, upon the transfer, either all at once or in a series of transfers, of a material or controlling financial interest in a license or the cardroom operated thereunder, the holder of the license which is the subject of such transfer shall be considered to be new holder of such license subject to any and all provisions hereunder applicable thereto. 2.5.8 Frill Cost Recovery for Administrative Costs Associated with Transfer. Any Person submittinq an application for transfer of a license shall be responsible for payment to the City of all actual administrative costs incurred by the City includinq the cost of staff time, at the City's full cost recovery rate, associated with the investiqation of the application for a license transfer and review of transfer documents. The chief of police shall estimate the cost of city staff and other administrative costs in connection with an application and the Person shall deposit such amount at the time of submittinq th~ application for license transfer to the chief of police. If actual costs incurred exceed the initial deposit the chief of police may require the applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the amount estimated is in excess of the cost incurred, the difference will be refunded to th~ applicant at the end of the city's review. 2.6 Consolidation. 2.6.1 In General. Notwithstanding any other section of this Gaming Plan to the contrary, the holder of a Class I or Class II license may acquire one, but only one, additional Class I or Class II License, subject to the consolidation rules and procedures of this Section 2.6. Under no circumstances may any Person acquire or hold more than two licenses. 2.6.2 Required Qualifications/Procedures. In order to acquire an additional license, an existing license holder (a) must have continuously operated a cardroom under its existing license within the city for a period of three (3) years at a fixed location; and (b) must apply with the city and receive prior written approval from the city for such acquisition in accordance with the rules and procedures set forth in Section 2.4 hereof regarding the initial issuance of licenses. If the additional license is to be acquired from another existing license holder, such application shall also be made in accordance with the rules and procedures governing license transfers set forth in Section 2.5.3 hereof. 2.6.3 Effect of Consolidation; Deemed Consolidation. If an application for the acquisition of an additional license is granted, the two licenses held by the applicant shall become "consolidated". In addition, licenses shall be deemed to be "consolidated" in the event that the same Person holds, or comes to hold, a "financial interest" (as defined in Section 2.4.3 thereof) in such licenses or the cardrooms operated thereunder. Under a consolidated license, the maximum number of tables permitted to be operated is twelve (12), subject to any additional or contrary terms and conditions set forth in Section 3.5 and/or other provisions of this Gaming Plan. All tables operated under a consolidated license must be operated in the same location. 2.6.4 Class I with Class II Consolidations. In the event that a Class I license is consolidated with a Class II license, the followinq rules shall apply: (a) if the previous owner of the Class II License retains majority ownership and control over the consolidated license, the full benefits and burdens hereunder of Class II status shall apply to all the card tables operated under such consolidated license= (b) if the previous owner of the Class I License retains majority ownership and control over the consolidated license, the consolidated license shall retain Class I status and the requirements for conversion to a Class II License under Section 2.3.2 of this Gaminq Plan shall continue to apply. 2.7 License Tax. 2.7.1 In General. There shall be a license tax imposed on any licensed cardroom within the city in accordance with the terms of this Section 2.7. The license tax is imposed for purposes of generating revenues to the general fund of the city and is net impcscd for purposes of regulation. The tax shall be imposed against the number of tables that are licensed by the city pursuant to the terms of this Gaminq Plan that are also permitted to be operated by the City at the location where the license is beinq utilized pursuant to the City's land use laws and requlatlons. The tax shall be imposed based upon the maximum number of tables so licensed and permitted based upon the class of license issued with respect thereto, regardless of the number of tables which may actuallV be operated on any given day or the class of game conducted thereon. 2.7.2 Amount of Tax ~ ~ o~ Base or Cr=~z" The license tax to be assessed and collected on each licensed cardroom shall be thc qrcatcr A~ the applicable "base rate" tax per ..... , ...... determined as follows: 2.7.2.1 Base Rate: a. Class I -- Non-consolidated~ The base license tax for card tables licensed under a single, non-consolidated Class I license shall be (1) $1,500 per card table per quarter for a cardroom authorized to operate six ~ ' days per week; and $1,750 per card table per annual quarter for a cardroom authorized to operate seven {7) days per week. b. Class I -- Consolidatedz The base license tax for card tables licensed under a consolidated Class I license shall be $2,500 per card table per annual quarter. c. Class IA -- Higher Level Bettin.q~ Notwithstanding the foregoing, at such time that the Chief of police approves games played with a $4 per hand charge or greater~ an hourly charge, or a charge based on the amount being bet, "~ table per ...... , the base license tax for such Class I card tables shall be~,.~ ~ .... $3,750 per card table per annual quarter. Such games may be referred to herein as "Class IA" games. d. Class II~ The base license tax for each card table licensed to play Class II games under a Class II license shall be $%~,000 per table per annual quarter. For example, if a single non- consolidated Class I license is converted to a Class II License, the base rate for 6 of the 8 licensed tables shall be determined by the applicable Class I rate, and the base rate for the remaining 2 tables table for purposes cf this Sccticn 2.7. This rate shall apply to the at the cardroom location regardless of whether or not Class II games are actually being played at such tables. $100,000 7.~0% ............. ~ ................................. au a mar Da! rate. revenue: ~cncratzd from cr attribntabla tc card play, ar:copt fats ...... ~ .................................. contrary, .................... ~ ..... ~rc~ ......... pcr ~-~- pcr quarter for 2.7.3.1 Advance Pa~ent. The license tax assessed hereunder shall be payable quarterly in advance by no later than the day fallin~ fifteen (15) days prior to the first day of each calendar .... app!icablc '~ ........... ~ quarter "~ .... = .... ~ independent audit of licensee's accounting records at any time upon three (3) days prior written notice to licensee. The audit shall be performed by a party designated by the City, subject to the reasonable approval of licensee. If the CitV elects to conduct such an audit, the licensee shall be responsible for reimbursing City costs incurred in connection therewith. The licensee's reimbursement obligation under this Section shall not exceed $10,000.00 per any twelve (12) month 2.7.5 Tax Receipt. The finance director shall issue a receipt for each licensed cardroom and such receipt shall be displayed on the premises during the full term for which such receipt was issued. 2.7.6 Annual Increase in Base License Tax Rate. The base rate license tax amounts set forth in Section 2.7 shall be increased by five percent (5%) per year. The first increase shall take effect on July 1, 2001 and each subsequent increase shall take effect on each July 1 thereafter. 3. Operating Limitations and Conditions. 3.1 City Land Use Regulations Shall Control. Ail cardrooms and card table operations shall be subject to the city's land use regulations. Notwithstanding any provision in this Gaming Plan to the contrary, no cardroom operations shall be permitted without the prior acquisition of any and all necessary approvals and permits from the city in connection therewith, and any cardroom operation with such approvals and permits shall operate in strict compliance with any and all terms and conditions thereof. 3.2 Ga~es Permitted. 3.2.1 Class I License: subject to the terms and conditions of this Gaming Plan and the Gaming Code, the holder of a Class I cardroom license shall be permitted to operate a cardroom which conducts all card games which were determined by the attorney general as of ~cccm~cr 31, IDb5 to be within the permissible subject of local licensing by California cities, but that do not involve "backline betting", and that have been approved by the chief of police as of September 26, 2000. The games permitted under this section shall be referred to herein from time. to time as "Class I Games". A list of permitted Class I Games shall be maintained by the chief of police. A holder of a Class I or Class II license may petition the chief of police to add games to this list, but no more than once in any consecutive twelve month period. The chief of police shall have the right to approve or disapprove any proposed new games in his/her sole discretion, and such decision shall be final."cxccpt ~-~..-~ _u-~r~ ~ .-..~ 9, .-.~ ~,.,~ .... conditions of this Gaming Plan and the Gaming Code, the holder of a conducts all card games permitted by a Class I license (as described in P&i Co%; Such qames shall be referred to herein from time to time as "Class II Games". For purposes of this Gaminq Plan, backline bettinq is defined as any bet or waqer made by a person, whether seated at the card table or not, on the hand or bettinq squares of another player, includinq the player who is actinq as the banker, seated at the card table. A list of permitted Class II qames shall be maintained by the chief of police. A holder of a Class II license may petition the chief of police to add qames to this list, but no more than once in any consecutive twelve month period. The chief of police shall have the riqht to approve or disapprove any proposed new qames in his/her sole discretion, and such decision shall be final. 3.2.3 Posting of Permitted Games -- Ga~ae Being Played. There shall be posted in every cardroom in letters plainly visible from all parts thereof, signs stating which games have been approved for play at said cardroom. In addition to the foregoing, each table shall identify by prominent sign located thereon the game which is currently being played at said table. 3.3 Game Rules. 3.3.1. In General. No permitted game may be played in a cardroom unless and until a written set of rules ("Games Rules") for such a game has been submitted to the chief of police and approved thereby. Said approval may be amended, conditioned or revoked from time to time in the sole discretion of the chief of police. Each and every permitted game must, at all times, be played strictly in accordance with the approved and posted Game Rules applicable thereto. Variations of a game, unless specifically described in the Game Rules, shall not be allowed. Rules showing thereon the approval of the chief of police shall be patrons or prospective patrons and visible from any seat at any card table on the premises. 3.4 Hours and Days of Operation. prsvisicnu cf this code ~:hick is ~aintaincd cr operated in connection ~ ...... ~ ty day subject to any and all land use conditions imposed by the City with respect to a specific site of operation. 3.5 Maximum Number of Tables. 3.5.1 Class I -- Non-Consolidated. The maximum number of ~ .......... that may be operated under a single, non-consolidated Class I license shall be eight (8). tables permitted under a consolidated Class I license shall be twelve (I2). 3.5.3 Class II - Non-Consolidated. The maximum number of tables that may be operated under a non-consolidated Class II License shall be eiqht (8). Of that eiqht, only two (2) shall be allowed to 3.5.4 Class II -- Consolidated. The maximum number of license shall be twelve (12).hc%:cvcr. Of that twelve (12), a maximum of three (3) tables shall be allowed to conduct Class II qames ............. ,~, ......... tables ..... be permitted at any one 3.6 Maximum Number of Players Per Table. 3.6.1 Class I Tables. No more than nine (9) players shall be permitted at any one card table conducting Class I games. Only persons seated at the card table as players shall be permitted to bet. 3.6.2 Class II Tables. No more than seven (7) seated players with three additional standing players per seat, for a total of twenty-eight (28) players per table shall be permitted at any one card ~ ~ .............. ackpct s on bets or wagers, subject to chief of police review as set forth below. ................... ~ .......... z ...... t~] ........... permitted. 3.7.2 Chief of Police Discretion. Maximum bets and betting rules may be modified upon review by the chief of police, in his/her sole discretion and control pursuant to a procedure to be implemented and administered by the chief. The chief of police's decision shall be final. 3.7.3 Adequate Funds on Hand/Payment Policy. At all times, licensee must have sufficient proceeds to reimburse any and all demands made upon said licensee for the payment of winninqs by a cardroom patron. In the alternative, and subject to approval of the chief of police in his/her sole discretion, said licensee may have a written policy for full payment of winninqs to a cardroom patron clearly posted in a place visible to cardroom patrons. 3.8 Maximum House Charqes Per Hand -- Posting Required. 3.8.1 Class I ~mes. No charge in excess of three dollars ($3.00) per hand per table shall be collected by a cardroom operator from any players for the privilege of participating in any Class I Game. Notwithstanding the foregoing, effective January 1, 1998, the maximum charge allowed shall be increased to a maximum of four dollars ($4.00) per hand per table for Class I Games. 3.8.2 Class II Games. No charge in excess of one percent (1%) of each one hundred dollars ($100) wagered shall be collected from any player for the privilege of participating in any Class II Game. 3.8.3 Posting Required. A copy of all schedules of house charges shall be provided to the police chief and shall be clearly posted in each licensed cardroom. 3.9 Work Permits and Identification Badges Required For ~ Key Employees and Employees. 3.9.1 Work Permit Required. Prior to commencing work at a cardroom, each proposed mana~cr key employee or employee of a cardroom, if such Person is other than the Person or Persons whose names appear on the application for the cardroom license, must obtain a work permit from the chief of police. 3.9.2 Application Process. Each proposed mana~cr key employee or employee shall submit an application for the required work permit to the chief of police. Such application shall be on a form issued by, or otherwise approved in advance by, the chief of police. Such application shall include, in addition to any other information required by the chief of police, (a) the past criminal record, if any, of such Person; (c) the fingerprints of such Person; and (d) a non- refundable fee, as presently designated, or as may in the future be amended, in the Master Fee Schedule for cardroom applications, to cover the cost of processing the application and of any required investigation of the applicant includinq a criminal backqround check to be performed by the police department at the applicant's expense. The work permit, when issued, shall be valid for one (1) year. Any renewal must also be approved by the,~ ief of police and will be subject to a criminal backqround check to be performed by the chief of police at the applicant's expense. The chief of police may deny the initial approval or renewal of a work permit if, in the chief of police's opinion, (1) in the case of a proposed mana~cr key employee the applicant therefor should not be permitted to act as mana~cr key employee or employee in lieu of management by the licensee of the cardroom; and (2) in the case of a proposed employee the applicant therefor should not be permitted to be employed in a cardroom. 3.9.3 Identification badges to be worn. Every manager key employee and employee of a cardroom shall, at all times when present in such cardrooms, wear an identification badge containing such Person's photograph, age, address and description of such individual. 3.9.4 Limitation of Discretion to Issue Work Permit. In addition to any other restrictions provided by law, no work permit shall be issued to anyone who is disqualified from holding a state gambling license, for any of the reasons specified in California Business and Professions Code Section 19850. 3.9.5 Denial of an Application for a Work Permit. Any application for a work permit shall be subject to objection by the State of california division of gambling control {hereafter division). If the division objects to the issuance of a work permit it shall be denied. Such a denial may be reviewed in accordance with the Gambling Control Act (Business and Professions Code Section 19801 et seq.) 3.9.6 Employment of Persons to Stimulate Play Prohibited. 3.9.6.1 It shall be unlawful for any licensee, key employee, independent contractor, or employee of a cardroom to enqaqe or persuade any Person to play cards for the purpose of stimulatinq play where such person is to receive any reward, whether financial or otherwise, present or promised; or where such reward or revenue is to b~ diverted to the licensee, a manaqer or employee except that the license~ may use employee proposition players in strict conformity with th~ provisions of Section 3.9.7 below. 3.9.6.2 Except as expressly provided herein, it is unlawful for the licensee, or any key employee, independent contractor or employee of a cardroom to enqaqe in the lendinq or qivinq of money, chips, tokens, or anythinq of value, either real or promised, to any person for the purpose of allowinq that person to eat, drink, or play card qames. Licensee may extend credit to a player in an amount not to exceed $2,000 at no interest and may offer other incentives subject to the prior approval of the chief of police in his/her sole discretion, who decision shall be final. 3.9.7 Employee Proposition Players. 3.9.7.1 A licensee shall use only employees as proposition plavers. 3.9.7.2 A licensee shall not allow, permit, or suffer more than two (2) proposition players to play at a card table at any qiven time, subject to modification by the chief of police in his/her sole discretion. The chief of police's decision shall be final. 3.9.7.3 The licensee shall not provide any compensation, reward, credit, chips, or any other thinq of value or representation of value to an employee who acts as a proposition player other than salary or wages earned for the time the employee works as a proposition player. This prohibition does not prohibit a proposition player from receiving the same employment benefits as apply to all other employees of the licensee; provided however that no employee or independent contractor shall be paid in chips. $.9.7.4 A proposition player shall prominently display an identification badge pursuant to Section 3.9.3 at all times while present on the cardroom premises. 3.10~-r~n..~n-' ~' ~ -.v~ Intoxicating Beverages ..-..-~-..--.-- ~ ~ Thc drinkln~ ~ any intoxicatin~ liquor in 3.10.1 Intoxicatinq Beverages Permitted. Upon application to and approval by the chief of police, in his/her sole discretion and control and pursuant to a procedure to be implemented and administered by the chief, alcoholic beveraqes may be served and consumed in a cardroom from the hours of 5:00 PM to 2:00 AM. At all times that alcoholic beveraqes are served, food must also be made available. The chief of police's decision concerninq the consumption and service of intoxicatinq beveraqes shall be final. Additionally, licensee shall comply with all applicable state and local laws, rules and requlations, includinq the city's land use requlations, pertaininq to the sale and 3.10.2 Key Employee/employee Consumption Prohibited. The drinking of any intoxicating beverage by any key employee, independent contractor or employee of a cardroom while on duty is prohibited. The licensee of a cardroom shall take all necessary and appropriate steps to assure compliance with this section. 3.10.3 Permittin~ Intoxicated Persons to Play in Games Prohibited. No licensee, key employee, independent contractor or 3.10.4 Permitting Intoxicated Persons on Premises Prohibited. No licensee, key employee, independent contractor or employee shall permit any Person to enter a gambling establishment which 3.11 Minors prohibited irom patronage or employment. cardroom, allowed to play games at a cardroom, or permitted in a cardroom area where games are being played. Minors may be allowed in non-gaming areas but only subject to the approval of the chief of police in his/her sole discretion whose decision shall be final, to play any 3.12 Siqns to be Posted. Licensee shall comply at all times with the sign requirements set forth in this Gaming Plan including, without limitation, Sections 3.2.3, 3.3.2 and 3.8.3 hereof, and any and all other signage or posting requirements contained in applicable federal, state or local laws, rules and regulations. 3.13 Class II Games to be Played Only at Cordoned off Tables. Ail cardroom areas to be used for Class II gaming shall be roped, cordoned or otherwise physically segregated from the Class I gaming areas. Ail individuals within such Class II gaming areas other than cardroom employees, city regulatory or enforcement staff or uniformed security personnel who are working within the scope of their employment shall be considered players at the table for purposes of compliance with the maximum number of players allowed provisions of Section 3.6 hereof. 3.14 Licensee Responsible for Compliance and Supervision of Operations. The licensee of a cardroom shall be responsible for assuring that any cardroom operated under such license is operated in strict compliance with the terms of this Gaming Plan, the provisions of the Penal Code of the state of California and any and all other applicable federal, state, and local laws, rules, regulations, or permits. Ail cardrooms and/or card tables shall be supervised by the operator or an employee of the operator of the cardroom, to assure such compliance. Any violation of the cardroom operating limitations and conditions in this Section 3, or elsewhere in the Gamin9 Plan, whether or not caused by the licensee or any employee thereof, shall be considered a violation by the licensee of the terms and conditions of its license, and therefore subject to the City's enforcement rights and policies set forth in Section 4 hereof. 3.15 Patron Safety and Security. 3.15.1 Each licensee shall submit a written patron safety and security plan, desiqned to protect patrons and other persons who are lawfully on the premises of the permitted cardroom, to the chief of police for his/her approval prior to openinq for operations. 3.15.2 The chief of police, in his/her sole discretion and control, shall have the riqht to require amendments to the patron safety and security plan that are, in his or her judqment, reasonably necessary to protect the public peace, health, safety, and welfare. 3.15.3 Licensee shall be responsible for payment to the City of all actual administrative costs incurred by the city includinq th~ cost of staff time, at the city's full cost recovery rate, associated with the oversiqht of the patron safety and security plans required by this section, includinq the administrative costs associated with the review and approval Of a patron safety and security plan or any amendments thereto which may be mandated by the chief of police. The chief of police shall estimate the cost of city staff and other administrative costs in connection with oversiqht of the patron safety and security plans and the licensee shall deposit such amount at the time of submittinq the patron safety and security plan to the chief of police. If actual costs incurred exceed the initial deposit the chief of police may require the applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the amount estimated is in excess of the cost incurred, the difference will be refunded to the applicant at the end of the city's review. 3.16 Crime Reporting Requirement. 3.16.1 Every licensee~ key employee, employee, or independent contractor of a cardroom shall immediately report to the Chula Vista Police Department any crime committed on the cardroom premises. 3.16.2 Each licensee shall maintain a chronoloqlcal criminal activity loq and such other reports as the chief of police may determine are needed in order to effectively assist the Chula vista Police Department to carry out its law enforcement function and protect the public health, safety, and welfare. 3.16.3 It shall be unlawful for a licensee, manaqer, employee or independent contractor of a cardroom to disable any 911 access on any public telephone on the cardroom premises. 3.17 Licensee or Key Employee on Premises. A cardroom shall have on the premises, at all times the cardroom is open to the public, the licensee or a key employee. A "key employee" for purposes of this section is defined as an employee who shall have access to all cardroom premises for purposes of inspection or for purposes of compliance with any provision of this Gaminq Plan and who shall have the responsibility and authority to ensure immediate compliance with the Gaminq Plan and all state laws and requlations pertaininq to qaminq. Further, each cardroom licensee shall identify in writinq the name, address, and telephone number of each key employee, and each key employee shall wear an identification badqe desiqnatinq the employee as a key employee. 4. Enforcement. 4.1 In General. It is unlawful and a violation of this Gaming Plan to obtain, transfer or consolidate a cardroom license, or to operate a cardroom in violation of any of the regulations and rules set forth in the Gaming Code, this Gaming Plan, and any and all other applicable federal, state and local laws, rules, regulations or permits. 4.2 Monetary Fines. 4.2.1 Amounts of Fines. For any violation of the terms of this Gaming Plan, the city shall have the right to impose a penalty of up to $1,000 per day for each day the licensee is in violation. In the event that a licensee is cited for a violation (not necessarily the same violation) more than three (3) times within a 6 month period, upon the fourth such citation, and with respect to any occurrence thereafter, the city shall have the right to impose a penalty of u9 to $5,000 per day the licensee is in violation. 4.2.2 Imposition of Fine Not Election of Remedies. The pursuit of monetary fines against a licensee or the receipt of payment therefor shall not constitute an election of remedies on the part of the city and thus shall not preclude any other course of action such as may be available including, without limitation, the revocation of the cardroom license held or issued hereunder, the revocation of any and all permits or approvals permitting the operation of the cardroom, and any and all other remedies available to the city at law or in equity. Revocation and SusDension. 4.3.1 City Right to Revoke or Suspend. Any cardroom license issued or held hereunder may be revoked or suspended by the city, after a public hearing, upon the determination by the city council and the chief of police that with respect to the license and/or cardroom operated thereunder, there has been a material violation, or repeated violations of this Gaming Plan or any or all other applicable federal, state or local laws, rules, regulations or permits. 4.3.2 Material Violation. The city shall determine, in its sole discretion, what shall constitute a material violation for purposes of revocation or suspension under this Section 4.3. Material violations may include, without limitation, the following: (a) A misrepresentation or exclusion on any application for approval, report or statement of revenues required to be submitted under this Gaming Plan or under any other applicable federal, state or local law, rule, regulation or permit. (b) A non-complying purported transfer of a cardroom license held or issued hereunder. (c) Allowing persons other than those named in the application on file with the city to own an interest in, or have direct management of a cardroom. (d) Maintaining a greater number of tables than the number permitted by the license. (e) Failure to strictly comply with any and all federal, state and local laws, rules, regulations and permits Any Person requestinq any modification to the Gaminq Plan shall be responsible for payment to the City of all actual administrative costs incurred by the City includinq the cost of staff time, at the City's full cost recovery rate, associated with the request for modification of the Gaminq Plan. The chief of police shall estimate the cost of city staff and other administrative costs in connection with the requested modification and the Person shall deposit such amount at the time of submittinq his/her request for modification to the Gaminq Plan. If actual costs incurred exceed the initial deposit the chief of police may require the applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the amount estimated is in excess of the cost incurred, the difference will be refunded to the applicant at the end of the city's review. 5.4 Inteqrated Plan. Ail provisions of this Gaming Plan are intended to be integral parts of a comprehensive regulatory scheme. In the event that any material provision hereof is finally determined to be invalid, then, as of the date of such determination (a) the entire Gaming Plan shall, ab initio, become void and of no effect, and (b) the Gaming Code provisions otherwise implemented or superseded hereby shall become effective. 5.5 Agreement of Licensee to Accept Validity and Abide by Ail Provisions. Each license which holds or is issued a license hereunder, in order to legally operate a cardroom within the city must first enter into a written agreement with the city whereby such licensee agrees, on behalf of itself, any successors or assigns thereof, and any and all parties with a financial interest in the license or the cardroom operated thereunder, that such Persons (a) shall abide by any and all provisions of the Gaming Plan; (b) acknowledge that all provisions of the Gaming Plan are valid and enforceable by the city against such Persons; and (c) waive and agree not to pursue any and all claims or other action against the city that any or all provisions of the Gaming Plan were not legally adopted, valid or enforceable with respect thereto. H:\home\attorney~gaming plan 9-20-00 COUNCIL AGENDA STATEMENT Item /Jc:~ Meeting Date 9/26/00_ ITEM TITLE: Resolution Ratifying the rejection and re-bid of all the bids listed on Exhibit "B" for the renovation and expansion work associated with the construction of the Public Works Operations Facility and Corporation Yard Resolution Rejecting non-responsive bids and accepting the lowest responsive bids and awarding contracts as designated for award on Exhibit "A", for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard, authorizing the expenditure of funds, and authorizing the City Manager to execute said contracts Resolution Modifying Council Policy Number 574-01 to provide the City Manager with approval authority at higher financial levels on change orders for the construction of the Public Works Operations Facility and Corporation Yard SUBMITTED BY: Director of Public Works ~'~. REVIEWED BY: City Manager [_~ ~~J (4/5ths Vote: Yes__ No X_~_) On July 18, 2000 the City Council approved Resolution 2000-245 approving an agreement with Highland Partnership, Inc. ("Highland") for the provision of Construction Manager/Constructor (CMC) services required for the construction of the Corporation Yard project, with the City taking on the role of project administration traditionally performed by the General Contractor. On August 15, 2000 the City Council approved Resolution 2000-297 appropriating $23,951,213.00 in additional project funds and approximately $13,400,000.00 for borrowing costs on the new Corporation Yard Project. Approval of the first resolution will ratify the rejection and re-bid of all the bids listed on Exhibit "B". Approval of the second resolution will reject those bids determined to be non- responsive and accept the lowest responsive bids and award all the contracts as designated for award on Exhibit "A" covering most of the trade work associated with the construction of the Corporation Yard project. Approval of the third resolution will modify Council Policy 574-01 on change orders giving the City Manager approval authority at higher financial levels for this project only. It is Staff's intent to come back before the City Council in October with a resolution accepting and awarding additional bids. RECOMMENDATIONS: 1- That Council ratify the rejection and re-bid of all the bids listed on Exhibit "B" for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard. 2- That Council reject non-responsive bids and accept the lowest responsive bids and award contracts as designated for award on Exhibit "A", for the renovation and expansion work Page 2, Item: Meeting Date: 9/26/00 associated with the futura Public Works Operations Facility and Corporation Yard, authorize the expenditure of funds, and authorize the City Manager to execute said contracts. 3- That Council modify Council Policy Number 574-01 for this project by allowing the City Manager to authorize Change Orders up to $50,000 per single change order and $250,000 as the maximum aggregate for cumulative change orders. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Pro,iect Description: The Corporation Yard project involves the renovation and expansion of an existing facility that the City intends to use as its future Public Works Operations Facility and Corporation Yard. The existing facility, which was purchased from San Diego Gas and Electric Company, consists of an administrative office building, warehouse building and vehicle maintenance building located on a 25- acre site. The site also contains a fueling island, employee and visitor parking areas, and yard areas for vehicle parking and equipment. Following its renovation, the facility will house the Public Works Department/Operations Division Administration, Wastewater Maintenance, Streets, Traffic, Vehicle Maintenance, Building Maintenance, Construction Inspection, Survey, Parks Operations/Open Space, Communications and Central Stores function. Additionally, other City functions will utilize the facility, such as Engineering, Transit and Planning (Building Inspection and Plan Check). The project will include the following primary facilities: Administration Building: modification of existing 31,100 SF single story building to accommodate administrative and office needs of Corporation Yard and addition of 11,200 SF of new space. ca Renovate existing warehouse: modify existing 14,200 SF single story building by adding a mezzanine level and subdividing the building to serve various divisions as a shops building. n Shops Building: add 16,800 SF single story to existing Shops Building. rn Warehouse: convert existing 11,400 SF single story garage building into a warehouse for the Central Stores Division of Purchasing by removing designated equipment and making minor renovations. Maintenance Building: construct new 42,100 SF single story transit and municipal vehicle repair facility with mezzanine space for storage. [] Fueling island: construct 5,670 SF single story building and service canopy for refueling islands. ca CNG Fueling Facility: includes compressors and storage. tn Vehicle/Bus wash: construct 3,400 SF single story building and service canopy for washing transit buses and other City vehicles. ca Public CNG fueling area. ca Household Hazardous Waste drop-off area. The project also includes landscaping, grading, paving, utility and site improvements. Page 3, Item: __ Meeting Date: 9/26/00 Design and Construction Management: Over the past two years, staff has been working with RNL Design to prepare an updated Corporation Yard Master Plan, schematic design drawings, construction drawings, and related items necessary for the construction of the needed improvements. On July 18, 2000, Council approved an agreement with Highland for the provision of CMC services, and the preliminary work to review the construction documents for determining the appropriate bid packages, and for managing/administering the bidding and construction phases. The agreement requires Highland to bid the specialty contractor work in multiple bid packages, and assume the administration, and implementation of the specialty trade work. Highland will act as an extension to City Staff in the management of the project. The City will act as a General Contractor in the administration of the project and award contracts directly to the trade contractors or specialty contractors. As a result of this arrangement, the City will be required to award a "General Requirements" contract that includes items normally undertaken by a General Contractor. All bidding, procurement and purchasing must be done in accordance with the Chula Vista Municipal Code and the City Charter. High]and has completed the first phase of the bid process and made recommendations for the award of the bids listed on Exhibit "A" to the specialty trade contractors. By passing this resolution, the City Council approves the award of the contracts to the specialty trade contractors for the performance of the trade work. The agreement assigned the responsibility for contract management and payment processing to Highland. Highland will administer the timely completion of the work and the execution of the contracts and will be responsible for ensuring compliance with the construction documents for all work performed by the specialty trade contractor. Groundbreaking is currently scheduled for September 28, 2000. Bid and Award Process: In preparation for the August 24 Public Bid Opening for the project, Highland sent out Invitation to Bids to over 780 Specialty Contractors in addition to an advertisement soliciting bids in The Daily Transcript starting on July 24, 2000 and the Star News starting on August 4, 2000. The advertisement ran for fifteen days in the Daily Transcript. Plans, Specifications and Instructions to Bidders were also distributed to six selected Plan Rooms (centers that advertise and distribute plans and specifications to Contractors) throughout the area. Four of Highland's staff members followed up the Invitations to Bid with telephonic solicitations and confirmation over a four-week period. As a direct result, one hundred thirty-nine sets of plans and specifications were distributed to potential bidders. On bid day (August 24, 2000) we received one hundred fifty-two individual bids for sixty-five bid packages. The sealed bids were opened at 4:00 p.m. at Highland's offices in Chula Vista. City staff was present at the bid opening. Exhibit "A" lists all of the bids received on each trade. In a number of instances the apparent low bidders' response was either withdrawn or determined to be non- responsive. Exhibit "A" lists the contract amounts that include the bonding costs. Highland staff checked the references, bonding and insurance capacity of each of the contractors. All references of each low responsive bidder have been verified and their work has been satisfactory. Additionally, Highland has met with cacti ,,~' the successful contractors to verify the scope of work for each. The original bid opening for this project was scheduled for August 15, 2000. While conducting telephonic solicitations of potential specialty contractors, we quickly determined that several specialty contractors would be unable to meet this bid opening date due to conflicting commitments for other major projects bidding at the same time. To maximize trade coverage and ensure participation by Page 4, Item: __ Meeting Date: 9/26/00 quality specialty contractors, we decided to move the bid opening date to August 24, 2000. Additionally, after our bidding analysis, we expanded our search for qualified specialty contractors to the Inland Empire, Orange County and Los Angeles areas. Cumulatively, these actions contributed immeasurably to ensuring appropriate and adequate coverage in a preponderance of the bid packages and trades. Limited/No Bid Responses: Although Bid Coverage was mom than adequate for most bid packages, you will note that them are a few areas where a limited number of bids were received. After analysis and in depth interviews, City and Highland staffs determined the following reasons for the low response in the selected bid packages. Notwithstanding the limited bid response, based on Highland's experience in the construction market, Highland recommended and staff concurs that the following bids should be accepted. Shop Equipment - The specified supplier bid direct, and informed Highland that he had provided numbers to other Specialty Contractors. When informed by the supplier their intent to bid direct, the other Specialty Contractors chose not to bid. CNG Fueling Station -The specifications identified only one manufacturer for the CNG equipment thereby limiting widespread participation by other specialty contractors. No bids were received for the following trades: 1. Site Concrete 2. Structural Steel 3. Glazing Highland and Staff believe this to be due to the competition with other bid openings countywide such as the $40 Million Poway Unified School District new High School. These trades were advertised again and m-bid. The bid opening date was set for 2:00 P.M. on September 8, 2000. The results of the bid opening for Site Concrete, Structural & Miscellaneous Steel and Glazing were determined immediately after the Re-Bid opening on September 8, 2000. On m-bid day (September 8, 2000) we received thirteen individual bids for four bid packages, including Doors, Frames and Hardware. The sealed bids were opened at 2:00 p.m. at Highland's offices. Site concrete, structural steel, and glazing are critical path items for the project, the recommended Specialty Contractors were identified and designated for award on Exhibit "A". Additional Bid Packages: During the review of bids it became apparent that some portions of the plans and specifications had ambiguities, which made Highland Staffquestion the bids received. Highland spoke with each of the bidders for the following trades and recommended to City Staff that it was appropriate to reject all of the bids and re-bid the following trades under revised specifications. Staff concurred with Highland' s recommendation: 1. Fire Sprinklers 2. Mechanical HVAC 3. Compressed Air Systems Page 5, Item: __ Meeting Date: 9/26/00 4. Vehicle Service Equipment 5. Awnings 6. Vacuum Equipment 7. Fences & Gates 8. Floor Coverings These trades have been re-advertised and bid opening was set for September 22, 2000. Prior to re- bidding, clarifications were made to the documents to ensure appropriate bids will be received for each of these trades. Award of these trade contracts will be brought to Council on October 10, 2000. This process/timeline should not cause any delay in the project. All the rejected bids are listed in Exhibit "B". Construction Administration and Payment Processing: The City will be billed through Highland for the specialty trade contractors' work. The City will issue a payment to Highland within 30 days of the billing date, for the cost of such work. The payment issued by the City will be based on two verifications: o Highland will verify that the work has been completed. o The City's Project Design and Management (PDM) team will also provide a similar verification. PDM will verify that the work was completed in accordance with the construction plans and specifications. Change Order Policy Modifications: As council is aware, staff recently received approval to implement new construction management techniques to facilitate the completion of major City facilities in a timely manner and to ensure better delivery of services. Consistent with that action staff is requesting modification in Council Policy 574-01, which identifies the guidelines by which change orders are approved. Established in 1986, Policy 574-01 requires Council approval for any change order exceeding $10,000.00. Staff is recommending that the Policy be modified for the Corporation Yard project to authorize the City Manager to approve change orders in an amount not to exceed $50,000.00 per occurrence with a cumulative total of $250,000.00 prior to returning to the City Council for additional authority. Staff will return with a comprehensive review of this policy for further Council discussion and potential application to other Capital Projects in the near future. By their nature remodel projects, such as the Corporation yard, tend to have a higher level of change orders than new construction. This is due primarily to the discovery of preexisting conditions that were not known at the time of preparation of the original drawings. Staff's ability to resolve these problems in a timely manner helps facilitate timely project completion. Unfortunately, the current approval authority provided in Policy 574-01 is seen by staff as an impediment to that goal. Staff contacted a number of other agencies to determine the current common practice regarding change orders. Only the agencies listed below responded. Page 6, Item: __ Meeting Date: 9/26/00 City Dollar Amount Threshold Approval Required SAN DIEGO Up to $60,000 on non-bid items Deputy Director Up to $100,000 on bid items Director Between $100,000 - $200,000 on any item City Manager Above $200,000 on any item City Council POWAY All Change Orders City Manager FRESNO Up to 5% of the original contract amount Director Between 5-10% of the contract amount City Manager Above 10% of the contract amount City Council IRVINE Up to the total contingency amount (10%) Project Manager Above the contingency amount City Council As can be seen by the above, the practices regarding change order approvals are varied, but in the majority of cases the approval authority is substantially greater than $10,000.00. The recommended approval parameters will give staff the necessary authority to prevent construction delays and also provides Council with regular reports and a "checks and balance" by capping the cumulative at $250,000.00 Financial Statement: FUNDS REQUIRED FOR CONSTRUCTION A. Amount of contracts to be awarded $12,970,093.00 B. Contingencies (5%) $648,505.00 C. StaffCosts (Project Design &Management) $100,000.00 TOTAL FUNDS REQUIRED FOR CONST. TO DATE $13,718,598.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Appropriated Funds $21,699,409.00 B. Funds to cover remainin~ Trade Contracts $7,980,811.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $13,718,598.00 Form of Agreement: The contracts will be let on the City's standard public works contract form. The City Attorney will approve the final form of the contracts. Page 7, Item: __ Meeting Date: 9/26/00 Wage Statement: Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Environmental Status: A Negative Declaration (IS-00-52) was prepared for this project pursuant to the provisions of CEQA. The Negative Declaration was adopted by the City's Redevelopment Agency on July 11, 2000. A Notice of Determination was posted in the Office of the County Clerk from July 19 through August 18, 2000. FISCAL IMPACT: On August 15, 2000 the City Council approved Resolution 2000-297 appropriating $23,951,213.00 in additional project funds on the new Corporation Yard Project. Approval of this resolution would authorize the expenditure of $13,718,598.00 to cover the contract amounts and contingencies associated with all the contracts designated for award on Exhibit "A". Since the proposed contracts represent only a portion of the total construction effort, staff is not indicating any savings to date. When the entire project is bid and accepted, staff will report potential savings at that time. Staff will come back before Council on October 10 and 17, 2000 with resolutions approving the award of the remaining trade contracts. Attachments: Exhibit A - Current Bid Opening Report Exhibit B - Pending Rejected and Re-bid Packages Exhibit C - Council Policy Number 574-01 Contractors' Disclosure Statements File 4/0735-10-GG131 H:\SHARED\ENGINEER\CORPYARDAWARDA 113.SMN.doc 9/21/00 4:30 PM EXHIBIT "A" CITY OF CHULA VISTA CORPORATION YARD PROJECT CURRENT BID OPENING REPORT Bid Trade/ Package Company Scope Bid Amount Bond Amount Contract Total Comments A Sherwood Mechanical Underground-Wet 288,037.00 2,880.37 290,9t7.37 Award A Pullman Engineering Underground - Wet 439,895.00 A Cats Excavating Underground - Wet 470,620.00 A Cameron Excavating Underground - Wet 570,816.00 A I.E. Pacific Underground - ~Net 587,000.00 A.01 Saturn Electric Underground - Dry 279,998.00 4,199.93 284,194.93 Award A.01 Irish Construction Underground - Dry 372,348.00 A.1.1 Cement Cutting Hard Demo 86,900.00 2,607.00 89,507.00 Award A.1.1 West Tech Hard Demo 91,000.00 A.1.1 Iron Horse Hard Demo 122,700.00 A,1.1 Teixiera Hard Demo 132,400.00 A.1.1 Cats Hard Demo 136,385.00 A.1.2 Demko Drywall Soft Demo 39,898.65 0.00 39,898.65 Award A. 1.2 Cement Cutting Soft Demo 81,300.00 A.1.2 Watkins Soft Demo 269,989.00 A.2 FJ Willert Grading 230,000.00 3,500.00 233,500.00 Award A.2 West Tech Grading 253,500.00 A.2 Iron Horse Grading Grading 275,000.00 A.2 Lakeside Grading Grading 319,900.00 A.2 Cats Excavating Inc. Grading 507,429.00 A.3 Hanson Asphalt Paving 299,252.00 2,154.61 301,406.61 Award A.3 Frank & Son Asphalt Paving 302,143.00 A.3 Southland Paving Asphalt Paving 466,000.00 A.3 JD Paving Asphalt Paving 559,000.00 A.4 Soltac Pacific Site Concrete 388,880.00 0.00 388,880.00 Award A.4 Monica Construction Site Concrete 393,879.50 A.4 C & S Doctor, Inc. Site Concrete 404,000.00 A.5 Beach Cities Landscape Landscaping 319,805.00 Non Responsive A.5 3-D Enterprises Inc. Landscaping 367,126.00 Withdrawn A.5 Benchmark Landscape Landscaping 436,758.00 10,893.95 446,651.95 Award A.5 NN Jaeschke Landscaping 467,362.00 A.5 Westfall Landscape Landscaping 610,947.00 B Echo Pacific Conc. Reinf. 206,450.00 Non Responsive B Minshew Brothers Conc. Reinf. 228,750.00 Non Responsive B Fontana Steel Conc. Reinf. 227,852.00 Withdrawn B Pacific Coast Steel Conc. Reinf. 315,318.00 3,154.00 318,472.00 Award B.1 Echo Pacific Struct. Conc. 1,533,730.00 Non Responsive B.1 Soltek Pacific Struct. Conc. 1,547,658.00 8,925.00 1,556,583.00 Award B.1 Morley Construction Struct. Conc. 2,010,000.00 Bid Trade/ Package Company Scope Bid Amount Bond Amount Contract Total Comments C DiDonna Masonry 742,215.00 Withdrawn C L. Faber Masonry Inc. Masonry 1,298,500.00 20,000.00 1,318,500.00 Award C Cliff Fairchild Masonry Masonry 1,320,700.00 D C & S Doctor, Inc. Struct. Stl & Mtls 1,105,000.00 0.00 t,105,000.00 Award D OIsen Steel Struct. Stl & Mtls 1,357,960.00 D JD2 Struct. Stl &Mtls 1,802,800.00 D Southern Steel Struct. Stl &Mtls Incomplete Non Responsive E Helix Construction Rough Carpentry 60,3'10.00 1,546.00 61,856.00 Award E Echo Pacific Rough Carpentry 74,820.00 E DA VVnitacre Rough Carpentry 92,576.00 E.I Mission Valley Cabinets Casework t32,117.00 1,821.00 133,938.00 Award E.1 Murray Cabinets Casework 174,803.00 F Saddleback Waterproofing Waterproofing 89,800.00 t,347.00 9t ,t47.00 Award F AIcala Company Waterproofing I04,685.00 F Applied Waterproofing Waterproofing 112,700.00 F.2 California Sheet Metal Sheet Metal 340,883.00 3,409.00 344,292.00 Award F.2 San Diego Sheet Metal Sheet Metal 343,410.00 F.4 Saddleback Watsrproofing Joint Sealants 11,800.00 177.00 11,977.00 Award F.4 Courtney Waterproofing Joint Sealants 18,920.00 G.3 Supedor Door OH Doors 120,000.00 Non Responsive G.3 Truman Doors OH Doom 128,967.00 Non Responsive G.3 Cookson Door Company OH Doom 150,000.00 2,250.00 152,250.00 Award G.3 South Coast Industrial Door OH Doors 162,530,00 G.4 C & S Doctor, Inc. Glazing 66,000.00 0.00 65,000.00 Award G.4 Pullman Engineering Glazing 119,937.00 G.4 Pacific Glass Company Glazing Incomplete Non Responsive H.t W.R. Chavez Co. Drywall & Stl Stud 318,500.00 3,188.00 32t,685.00 Award H.1 Commercial Ent. DP/wall & Stl Stud 371,000.00 H.1 Johnson Kinsey Inc. Drywall & Stl Stud 452,900.00 H.2 American Tile & Brick Veneer Ceramic Tile 85,400.00 1,28f.00 86,681.00 Award H.2 Commtrac Flooring Ceramic Tile Incomplete Non Responsive H.3 Daryl Griffls Acoustics Acous. Clgs. 54,617.00 1,092.34 55,709.34 Award H.6 Nick Pecoraro Painting HP Ctgs, Paint & WIC 225,000.00 4,500.00 229,500.00 Award H.6 RBE, Inc. HP Ctgs, Paint & W/C 233,190.00 H.6 Alonso Painting HP Ctgs, Paint & W/C 310,712.00 H.6 Simmons & Wood HP Ctgs, Paint & W/C 393,796.00 H.6 National Coatings HP Ctgs, Paint & W/C Incomplete Non Responsive Bid Trade/ Package Company Scope Bid Amount Bond Amount Contract Total Comments 1.1 Dali GHffis Acoustics Toil. Part. & Accs. 22,749.00 454.98 23,203.98 Award 1.1 Anchor Constrcution Toil. Part. & Accs. 23,092.00 Non Responsive kl industrial Distributors Toil. Part. &Accs. 23,110.50 LI Hend Specialties Toil. Part. &Accs. Incomplete Non Responsive 1.4 Stanford Signs & Awnings Signage 44,600.00 0.00 44,600.00 Award 1.4 Studio M Signage Incomplete Non Responsive 1.8 Penn Equipment Storage Equip. 58,000.00 580.00 58,580.00 Award J.3 Interclean Equipment Veh. Wash Equip. Touchless 121,072.62 Non Responsive J.3 Ross & White Company Veh. Wash Equip. 217,400.00 1,570.00 218,970.00 Award J.3 Sherman Supersonic Industries Veh. Wash Equip. 417,695.00 J.4 Penn Equipment Shop Equip. 776,000.00 7,750.00 782,750.00 Award J.8 Penn Equipment Fabricated Equip. 80,250.00 802.50 81,052.50 Award K Discount Blind Center Window Coverings 6,100.00 0.00 6,100.00 Award K v~r~ndow Coverings Co. Window Coverings 6,325.00 L.1 Westsm Pump AG Containment Tanks 19,690.00 590.70 20,280.70 Award L.I AE Schmidt AG Containment Tanks 185,528.00 L.1 Sherwood Mechanical AG Containment Tanks 316,164.00 L.2 Sherwood Mechanical UG Cont. Tanks & Piping 39,638.00 Withdrawn L.2 Western Pump UG ContTanks & Piping 146,484.00 4,394.52 150,878.52 Award L2 Tank Specialties of CA UG Cont. Tanks & Piping 188,414.00 L.2 AE Schmidt UG Cont. Tanks & Piping 404,352.00 M.I McKinley Equipment Vert. Recip. Lifts 65,573.00 1,910.00 67,483.00 Award M.I Penn Equipment Vert. Recip. Lifts 82,000.00 M.2 Penn Equipment Hoists&Cranes 118,500.00 1,185.00 119,685.00 Award M.2 General Conveyor Hoists & Cranes 122,875.00 M2 American Monorail Hoists & Cranes Incomplete Non Responsive N Western Pump Fuel Piping & Pumps 29,384.00 881.52 30,265.52 Award N AE Schmidt Fuel Piping & Pumps 45,625.00 N Sherwood Mechanical Fuel Piping & Pumps 110,003.00 N Universal Services Fuel Piping & Pumps Incomplete Non Responsive N.I AIIsup Corporation CNG Fueling Station 799,500.00 1t,592.00 811,092.00 Award N.1 AE Schmidt CNG Fueling Station 1,289,925.00 N.2 McCullough Plumbing Mech. Plumbing 263,735.00 Withdrawn N.2 Mark Harris Plumbing Mech. Plumbing 430,000.00 7,525.00 437,525.00 Award N.2 Sherwood Mechanical Mech. Plumbing 508,155.00 N.2 Cats Excavating, Inc. Mech. Plumbing 707,400.00 Bid Trade/ Package Company Scope Bid Amount Bond Amount Contract Total Comments © Saturn Electric Electrical 1,860,259.00 Withdrawn O Helix Electric Electrical 2,088,000.00 14,616.00 2,102,616.00 Award O Morrow Meadows Electrical 2,362,500.00 O Bergelectdc Electrical 2,488,000.00 P Hirsch & Company Survey 9,500.00 Withdrawn P Acculine Survey Survey 47,540.00 0.00 47,540.00 Award P.I AGRA Soils Testing 39,924.00 0.00 39,924.00 Award P.1 Geotechnics Soils Testing 51,685.00 P.1 Geocon Inc. Soils Testi~g 51,140.00 H:~haredlEngineer~Rev 9_20 Bid Opening Report xls EXHIBIT "B" CITY OF CHULA VISTA CORPORATION YARD PROJECT PENDING REJECTED AND REBID PACKAGES Bid Trade/ Package Company Scope Bid Amount Comments G Secudty Metal Products HM Doors & Frames 56,770.00 Rejected - Rebid G Stiles Custom Metal HM Doors & Frames 58,597.00 Rejected - Rebid H.4 Shaw Contract Flooring Floorcoverings 343,200.00 Rejected ~ Rebid H.4 Woods Village Carpet inc. Floorcoverings 185,200.00 Non Responsive - Rebid H.4 Commtrac Flooring Floorcoverings Incomplete Non Responsive - Rebid 1.10 B & C Awnings Sun Screen & Canopies 208,407.00 Rejected - Rebid 1.10 San Diego Sheet Metal Sun Screen & Canopies 124,760.00 Rejected - Rebid N.3 Alpha Mechanical Fire Sprinkler System · 134,850.00 Rejected - Rebid N3 Cats Excavating, Inc. Fire Sprinkler System 253,000.00 Rejected - Rebid N.4 W.R. Robbins HVAC - Dry 1,443,000.00 Rejected - Rebid N.4 Lemon Grove Sheet Metal HVAC - Dry incl. in below Non Responsive N.4 General Air HVAC - Dry 1,335,000.00 Rejected - Rebid N.5 Lemon Grove Sheet Metal HVAC - Wet 1,780,000.00 Non Responsive N.5 General Air HVAC - Wet 665,000.00 Rejected - Rebid P.2 Testing Engineers of San Diego Material & Soils Testing 42,641.00 Rejected - Rebid H:\Shared\Engineer~Rev 9_20 Bid Opening Report.xls City of Chula Vista Corporation Yard 1 9/21100 EXHIBIT C COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CHANGE ORDERS- DIRECTOR OF PUBLIC POLICY EFFECTIVE WORICS NUMBER DATE PAGE 574-01 06-03-86 1 OF 2 ADOFrED BY: Resolu~tion No. 12507 DATED: 06-03-86 B~CKGROUND During the come of work on many City project~, it becomes apparent that certain changes must be made in the contract to obtain the finished product in it~ desired form. PIJRI~'-~ Since most of these changes are of a minor nature which do not change the scope of the project or affect the public health, safety or welfare, delegating limited anthodty to approve change order~ would result in significantly expediting these projects. The Director of Public Work~ is hereby delegated limited authority to approve change order~ for work being done under City contracts, as follows: 1. All change order~ shall be processed in accordance with the applicable project specifications. 2.' No single change order shall increase or decrease the original contract mount by more than $1,000.00: $ 5,000 - Director of Public Worl~ Approval $10,000 - City Manager Approval 3. Change order~ approved by either the Director of Public Work~ or the City Manager shall be reported to the City Council by informational memo at the next regular Council meeting. 4. The aggregate of all change order% including those for differences between estimated and actual quantities shall not increase the contract amount by more than the percentage amount specified below: Original Maximum Aggregate Contract Range Percentage Increas~ Up to $100,000 10% $100,000 to $1,000,000 More than $1,000,000 2% EXHIBIT C (cont.) COUNCIL POLICY CITY OF CHULA VIffFA SUBJECT: CHANGE ORDERS - DIRECTOR OF PUBLIC POLICY EFI~E~ WORKS NUMBER DATE PAGE 574-01 06-03-86 2 OF 2 ADOPTED BY: Resolution No. 12507 DATED: 06-03-86 5. 3,11 change order~ involving changes in the scope of project, increases of contract amount~ greater than outlined above, increases in time allowed for completion, or aspects concerning the public health, safety, or welfare, shall be submitted to the City Council for consideration. 6. In those cases where the City Manager and Director of Public Works determine that the public health and safety are involved or a substantial claim could bo submitted by the con~'actor for delay% the City Manager may exceed the above amount~ provided for both individual change ordem or the aggregate amount of change orders. The change order shall be submitted to the Council at the next regular council meeting for ratification. THE CITY OF CItULA VISTA DISCLOSURE STATEMENT ant to ~ouncil Policy 101-01, prior to any action upon matters which will require discretionary action by the cji, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or rial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following nation must be disclosed: ist the names of all persons having a financial interest in the property which is the subject of the application or the ~ntract, e.g., owner, applicant, contractor, subcontract{~r, material supplier. · any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a 1000 investment in the business (corporation/partnership) entity. ~rson* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person :rving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 'lease identify each and every person, including any agents, employees, consultants, or independent contractors who ou have assigned to represent you before the City in this matter. [as any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista s it relates to this contract within the past 12 months? Yes No '~ Form L - Disclosure Statement Bid Package If yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of mom than $250 within~he past twelve (12) months to a current member of the Vista City Council? Yes No t/ If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Boarr Directors) made contribution totaling more than $1,000~xver the past four (4) years to a current member of the Ch Vista City Council? Yes No ~-/ If yes, which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in past twelve (12) months? (This~includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No w~ If yes, which Official(s) and what was the nature of the item provided? - ~igna'~reno~ ~cactor/Applicant Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organiza corporation, estate, trust, receiver, syndicate, any other county, city, municipality, dislrict, or other political subdivision, or other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Corem, Committee of the City, Employee. or Staff Members. Form L Disclosure Statement Pursuam m Council Policy 101-O1. prior to any action upon me.cra which u/ill requi~e dlscrctio~ar7 action by tho Council. Plan~lng Commission and all other official bodies of the Ci~. a sr~l'~ment of disclosure of certain owncrship or financial intcr~_~; payoffs, or cmpai~ ~mgbodons for a City of Ch~a Vim el~ion ~s~ be fil~. ~e fullowing I, Lis~ [he n~m~ of ~i ~ons bavi~g a tin.cig imc~s~ in ~e pm~ay ~hich is ~h~ sUbje~ of ~e application or the coa~L c.g., ownS, applic~[, con.mr, su~on[r~or, macag~ supplier, ' ~RIC~ TTT.~ & BRICK H~ER. INC. ~ ...... 2_ Ilr any'person* identified pursuam to (1) above is a coq~oratlon or parmorship, list ~he names of all individuals u/iih a $ i 000 investment in [he business (corpora~ion/parmership) on,ky, ALBERT I, .W~INSTETN ........ __ %A az NAiaDS_ .. ....... .. If any person* identified pursuem to (1) abOve is a non-profi£ m'ganizalioo or rmsr, ]is~ the names of ~y person serene as dir~tor of rhe non-profit o~anizaflon or as ~msteg or ~.cfici~ or ~swr of ~he Plear, g ideutify tach ~d every person, includlog any agentS, employees, consuhams, or indel~ndem comracrors who you have assigned to reprcscnl: you b~forc the City in this macc~. ~ERT l. ~INSTEIN ..... RAR~N~ID~ ._ TAGHI NAHIDI ..... D~ ~ITHgQW +, Has any ~on' ~s~ia~ed with ~hi/¢ontr~ h~ any fin~ci~ de~ing~ with an officlal** of ~hc Cky of Chula Vista 81~1Paeka,~' Page I of 2 /~,~ /~:~ 09/0B/2000 15:19 5624268127 AMERICAN TILE&BRICK PAGE 03 yes, briefly d~cdbe the nature oF d~ financial interest the official~''~ may have in this contract? 6. Ha.v-. you made a con~bution of more than $250 within the past twelve (12) months to a current member of thc Chela %"Jsta City Council? 'Yes . No , X _ ~ yes, which Council Member(s)? ?. Have you or any member of your governing boa~d (i.e. Coq~orate Board of Directors, Executives. non-profit Board of DLrectors) made contribution totaling more than $1,000 over the past four (4) years :o ~ current member of the Chul~ Vista. City Council? Yes _ No X. ff yes, which Council Membe~CS)? Have you provided more rhan $300 (or an icom of equivalent value) to ~ o~ce~''' of the City of C:hula Vista in th, p~t twelve (12) months? (This includes being a source of income, money to redre a legal debt, g~fL loan. etc.) Yes .... ~qo ~,~ _ If yes, which Official(s) and what was the natur~ of the item prOvided? 5t~r~ Com~acto~;IAppli~t BOBBY, Print or Type Ngme of Contt~emr/Appllcam Pu~on is defined as: any Indlvtdu~., flfl~ co-pm'~nership..joint venture, association, social club, fr~mal organization, ¢orpor~tlon. camde, ~rusL receiver, syadicate, any ocher' county, city. mum¢ipali~y, d's~det, or other political subdivision, or any other group or combination ae6n_R ~ a unk. Official in¢ludc~, hu~ ia no~ limletd Co; Mayor, Council Member. Planning Commlssio~er, ~ember af ~ ~,oard. Commissiun or Coml1~ee~ of the C:l~y, Employee, or S(aff Members. CITY OF CHULA VISTA DISCLOSURE STATEMENT to Council Policy 101-01, prior to any action upon matters which will require discretionary action by thc , Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or interests, paymenLs, or campaign contributions for a City of Chula Vista election must be filed. The following I. List the names of all persons having a financial interest in the property which is the subject of the application or the e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pumuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. '"'~. /f any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trnstor of the trust. 4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter, 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No ~ Form L - Disclosure Statement Bid Package Page I of 2 ' If yes, briefly describe the nature of thc.financial interest the official** may have in this contract? Have you made a contribution of more than $250 within the past tWelve (12) months to a current member of thc Chuh Vista City Council? Yes No ~" If yes, which Council Member(s)? Have you or any member of your governing board (i.e. Corpornt~ Board of Directors, ExeCutives, non-profit Board of Dirc~turs) made con~bution totaling more than SLO00 over the pas~ four (4) years to a current member of the Chulu Vista City Council? Yes No ~ If yes, which Council Member(s)? 8. Have you provided mor~ than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in thc. past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes ~ No ~ If yes, which Official(s) ~u~d what was the nature of the item provided? Sil~tt~re of Contractor/Applicant Print or Type Name of Contractor/Applicant * Person is defined as: aoy individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, astute, a-asr, receive,, ,~ ticate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or Committee of the City, Employee. or Staff Members. Form L - Disclosure Statement Bid Package Page 2 of 2 TI~ CITY OF CHULA VISTA,D!S.CLOSURE STATEMENT )rsuant to Council Policy 101-01, prior to any aCtion upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. K. JOE ISdM ROBIN S. I{OFFOS 2. If any~ers~*ide~edpursu~t~(~)ab~veisac~ra~n~r~armership~ist~enames~fal~individualsw~ha $1000investmentinthebusiness~o~oratio~parmership)entity. K. JO~ ISOM ROBIN S. HOFFOS If any person* identified pursuant to (1) above is a non-profit organization or trust, list the naraes of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the mast. 4. Ple~eidenti~ each andeve~ pe~on, including anyagents, empl~ees, consultants, ori~e~ndentcon~actorswho youhaveassignedtompmsentyoube~mtheCityinthismaRer.. BRIAN NEUFFER ROBIN S. ~OFFOS K. JOE ISOM 5. Has any person* associated with this contract had any financial dealings with an official** oftbe City of Chula Vista as it relates to this contraCt within the past 12 months? Yes No X Form L - Disclosure Sta[ement Bid Package Page I of 2 If yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No XX If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No ×X If yes, which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th~ past twelve (12) months? (This includes being a source of income, rsoney to retire a legal debt, gift, loan, etc.) Yes No XX If yes, which Official(s) and what was the nature of the item provided? Date: AUGUST 24, 2000 ~- Si~ammofContractoffApplic~t CALIFORNIA SHEET'METAL PrintorTypeNarseofContmctodApplicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club. fraternal organization, corporation, estate, mJst. receiver,~ qdicate, any other count~, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board. Commission or Committee-of thc City, Employee, or Staff Members. Form L - Disclosure Statement Bid PackaGe / crrY oF cm A viSTA D sc ostra STAmvm ~t to Council.Policy 101-01, pdor to ~y action upon m~rs which w~l ~ui~ disc~fion~ ~fion by ~e :il, Pl~ning Commission ~d all o~er offici~ bodies of ~e City, a sme~nt of ~sclos~ of cern o~e~hip or :i~ inte~sm, paymenm, or cmpai~ con~bufions for a City of Chula Vista ele~ion must be fil~. ~e following nation must be ~sclos~: ,ist the n~es of ~1 p~ons haMng a fin~ciM inm~m in the p~p~ which is ~ subj~t of t~ applic~on or ~e on.act, e.g., o~er, applic~t con--tot, su~on~or, ~mdM supplier. f any person* identified pursuant to (1) above is a corporation or parmership, list the names of all individuals with a HO00 investment in the business (corporation/painnership) entity. a ~ ~rson* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. [las any person* associated with this contract had any financial dealings with an official**~City of Chula Vista ts it relates to this contract within the past 12 months? Yes No ~ Form L - Disclosure Statement Bid Package Page I of 2 If yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a connibufion of more than $250 within~t twelve (12) months to a current member of the Chu Vista City Council? Yes No t." If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corpojate Board of Directom, Executives, non-profit Board Directors) made contribution totaling more than $1,00.0~ the past four (4) years to a current member of the Chu Vista City Council? Yes No v If yes, which Council Member(s)? ~8. Have you provided more than $3~or an item of equivalent value) to an office** of the City of Chula Vista in tl past twelve (12) months? (Th~ i~cludes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No ~lf yes, which Official(s) and what was the nature of the item provided? Date: ~'~tu~e of Contractor/~.ppii ant Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organizatic corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or a~ other ~oup or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission Committee of the City, Employee, or StaffMembers. ,~. Co~Cil pol!cy. 101-0!, ..prior to any action upon matters which will require discretionary aCtion by the ~ng Commission and all other official bodies of the City, a statement of disclosure of certain ownership or ~thy.~c~onstSe~t7 campaign contributions fora City of Chula Vista election must be filed. The following 1. List the names of all persons having a financial interest in the prepen'y which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. none 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. none 4. Pleaseidentifyeach and every person, includingany agents, employees, consultants, orindependentcontractors who you have assignedtorepresentyoubeMre the Cityinthis matter. Ray Winkler Charles J. Kiley Bill Paulsen 5. Has any person* associated with thi~ contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No X Form L - Disclosure Statement Bid Packa_oe ifthe fins official** may have in this contract? ncial interest the f~~ ~bufio_n. of more than $250 wil~x~in the past twelve (12) months to a current member of the Chula ~ ~' Vista City Council? Yes No If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, nomprofit Board of Directors) made contribution totaling more than $I,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X~g If yes, which Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th,.. past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc. Yes No ~X If yes, which Official(s) and what was the nature of the item provided? Date:_ A,,g,~s~c_ ?/% ?t}0fl ~i'gna~ Cookson Door Sales Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal orgamzatlon, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination aoting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member ora Board, Commission or Committee of the City. Employee, or StaffMembers. Form L - Disclosure Statement Bid Package /5) Page 2 of 2 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 1014}1, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. ff any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust. 4. Please identify each and every person, including any agents, employees, consultants, or independen, t contractors who you have assigned to represent you before the City in this matter. Todd Cooker, Estimator Vivian Griffis~ President Wanda Mounier, Office Clerk Daryl Griffis, Vice President 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract witl?;~ the past 12 months? Yes No X Fonu L- Disclosure Statement Bid Package Page of 2 If yes, briefly describe the nature of the financial interest the official** may have in this contract.'? ) 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X ff yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No x If yes, which Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No _ X If yes, which Official(s) and what was the nature of the item provided? Date: __ Auqust 2~ 2000~ Signature--~of Comractor/A'PlSlicant Vivian Griffis ~ President Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fi'aternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission o' , , Committee of the City, Employee, or Staff Members. Form L - Disclosure Statement Page 2 of 2 ~u~t to Council Policy 10141, prior ~o ~y action upon matters which will require d~efion~ acdon by the Council, Pl~n~g Commission ~d all o~er o~cig bodies of the City, ~ sta~me~ of diselosu~ of ~nain owne~hlp or fin~cial in~s~, psym~m, ~ c~ con~bu~ons for a City of Chula Vista election must be filed. The following info~ati~ must ~ disclosed: 1. List the names of ri ~ ha~g & financial interest in ~e prop~ which is the subject of the &~lieation or ~c eon~ct, e.g., owner, applie~L eontmccor, su~tractor, material supplier. 2. l.f any perSon* identified pursuant to (1) above is a corpora~tion or pannership, llst 'the names of all individuals with a 51000 investment in the business (corporationlpa.nnership) entity.. ..... ., If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person nerving as director of the non-profit organization or as trustee or beneficiary or m;stor of the trust. 4. Please identify each and every person, inchlding any agent~, employees consultants, or independent Contractors who you hax~ assigned ~o r~present :you hefore the City in this m~tter. ,nl .......... Has any person' associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contrac~ w[lbin the past 12 months? Yes No ~ Bid Package' Pa, ge t of 2 Sop-OS-ZOO0 13:Z5 From-HiGHLAND PAI~TNERSI41P INC, u~u4uutslu ~ y~, briefly desc~ th~ nam~ of the ~nanci~ intcr~s~ thc officiO** ma~ have in this 6. I-lave you made a contribution of mor~ than I~250 wk.hi~ the past twelve (12) monks to a current re=tabor =fthe Chula Vista City Council? Yes _ __ No ~ If yes. which Council Member(s)? 7. l-lave you or any member of your governing board (i.e, Corporate Board of Directom, Executives, no~-proiit Board of Directom) made conur/bution totaling more than $1,000 over the past fo~ (4) years to a current member of the Chula Vista City Counoil? Yes No ,~r_, If yes, which Council Member(s)7 H~¥¢ you provided more ~han $300 (or an item of equivalent valu,) to an office** of the City of ChuJa Vista in th. pas~ twelve (12) months? {This includes being a source of income, money to re[ire a legal debt, gift, loan, e~c.) Yes No . ~. If yes, which Official(s) and wha~ w~ the nature of~e item provided? Si.~natur~ of Comractor/Applicant Prini or Type Name of Cantract~,dApphean[-7 Permtl is delincd as: any individual, firm, co-parmersbip, joint vcnmr,, associalion, social club, fralmmal organiza[iorL corporatioa, es£a~c, ~rust, re*civet, syndlca~e, any O~h~ county, city, municlpali~y, dJs[rict, ot other political mbdivisiou, or a~y o~b~ ~oup or combination ~dng aS a unit. O~al include, ba~ j~ noc limk~d tO: MayOr. CO~ClI Member, Flanning Commissioner, M~mber O[a Boar~, Commi~ion or Committee af ~he City, Employee, or S~aff M~mbers. FROM : DISCOUNT BLIND CENTER PHONE ND. ; gl~g E?8 3gl~ I~l, T~ CIT~' O~ CItULA VISTA DI~CLOSIrR~ ~u~t to ~un~l ~Ii~y lOl-Ol, prior ~ ~ ~[Io~ upon u~L~s which will ~ui~ ~TSc~t;on~ ~dO~ b;/ ~hc Council, ~ Co~ion ~d all 0~er o~ci~ ho~e~ of ~e Cky, a s~ateme~ 0[ dilclosu~ ~ ~n~n ow~hip or ~Sa[ i~tems~, ~ym~s, or c~p~ con~budon~ for a City of Chu[a Vis~ 2. flaky ~on* idenfifi~ pumu*nt ~o (1) abov~ [~ a ~o~o~aUon o, partnership, li~t ~a nmes of all individuals w~th a $1~ ~v~tmenc in The b~n~s (c~orado~a~p) ~f any person* idc:r~tiflcd pucsuant m (1) above is a non-profit org~tJzadon o~ u~st, llst thc names of ~y per;on s~ng ~ ~ctor of ~ n~-~rofit organiza/iot~ ol a~ t~s~ or be~eflcia~ y or t~tS[o~' Of the [~tsi. you have ~si~ed [o represent y~ befo~ the Cit~ ~. this molter. Has any person~ associated wkh ~his contract had ~ny ~n~nci~} de~lb~ with an 0£~¢i~1*~ of ~he City or Ch~h VL,.ta as i~ rela~es w ~hi~ conU'ao~ within ~ho pa~t 12 mon~l~* ¥~.~ NO ~...~ - P~-~e I of 2 FROM : DISCOUNT BLIND F_E~TI~ PHONE NO. : 909 678 3988 P8 V~ta ~{ty ~ounc~l? Y~ No ~_.~ _~ ~ yc~, which Council McmbucC~)? past twelve (12) mon~s~ (~is includes ~ing a source of incomu, money to ~etire a ]e~i deh~ ~ft, lo~, ~tc.) Print or T~.~e Name of COnlraetor/Ap[',liean~ (go9) 67e-~e~ Commlr~ of the CiW. Employee. or ~raff Mcm~ s, ~ CITY OF CHI/LA VISTA DISCLOSURE STATEMENT ~t to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or al interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following ttion must be disclosed: the names of all persons having a financial interest in the property which is the subject of the application or the ttract, e.g., owner, applicant, contractor, subcon~'actor, material supplier. my person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a )00 investment in the business (corporation/parmership) entity. a,,a . ,,~n* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person ring as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. :ase identify each and every person, including any agents, employees, consultants, or independent contractors who have assigned to represent you before the City in this matter. s any person* associated with this contract had any financial dealings with an official**..s of the City of Chula Vista it relates to this contract within the past !2 months? Yes Form L - Disclosure Statement Bid Package If yes, briefly describe the nature of the financial inter~st the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of Vista City Council? Yes No '~ If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Directors) made contribution totaling more than $I ,000 over the past four (4) years to a currant member of the Vista City Council? Yes No ? If yes, which Council Member(s)? 8. Have you provided mom than $300 (or an item of equivalent value) to an office** of the City of Chula Vista past twelve (l 2) months? {~T~_is includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No ~ If yes, which Official(s) and what was the nature of the item provided? Signarare tf ConnXa~tor/Applicant Print or Type Nattte of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organize coq~orat/on, estate, n'ust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or o~her group or combination acting as a unit. ** Official includes, but is not limited m: Mayor, Council Member, Planning Commissioner, Member of a Board, Corem ~ Committee of the City, Employee, or StaffMembers. Form L-BidDiSclosUrepackageStatemen! /~Q '~ 5~ Page 2 of 2 89/88/2888 89:27 619-462-8431 HELIX CDNST CO INC s~p-o~-Zeo~ '.O;t9 , Fr~m-~IGHLAN¢ P~T~ER~tP I~C, ~lg4g~gfO T~ ~Tf 0i ~~A D~~ ~rs~c ~o C~uncil Percy 101~1, p~o~ m ~y ~°n upon m~ which ~l ~uire Council, Pl~n~n~ Co~issi~ ~d all o~ o~ei~ ~es o~ ~ Ci~. ~ smacker con.act, e.g. o~er. appllc~t, ~, ;u~ontmc~r, ~al ~pplier. , 2. If any ffers~* identified pursuimt to (t) a~ve Is a co~mdon or p~emblp, llst ~he uames of all indlvidu~s wi~h n .... ~ing ns clincor of lhe no~mfit org~.izntion or as ~s~ or ~*fi~ or ~smr ~f the ~st, 4, ~case identify each ~d eve~' ~son, including ~y agents, employ=*s, consultants, or inde~ndent con:racto~ who you have assi~ed to reprt~at y~ ~fore ~e C'ty in th's ~atter. 5 ~ ~y ~rson* ~ia~ with this camry( h~ ~ny fin~ciul tickings with an official** of t~ City of Ch~Ia Vis~ 09/08/2000 09:27 819-462-0431 HELIX CONST CO INC PAGE 04 ~ y~s, bdcfly ~fi~ ~e nam~ of ~ fi~afl~ ~m~t ~e o~cJ~l~* tony have ~n this 6. H~ve you ~de s core,bunion of mo~ th~ $~0 wichln the ~t Twelve (12) m~ths ~ · cu~an~ m~r of cae Chu]~ V~a City C~ei]? Yes ,,, No ~ , , U y~, which Cou~l ?. Ha~ you or ~y ~r of your governing ~ (Lc. ~o~e B~ of Dk~o~. Ex~curivz~ n~-pmfll Bo~ of Di~) ~ ~onldbufion ta~i~g m~ ~h~ $1 ,~ over the pas~ four (4) yam ~o a eu~nt mcm~r of thc Chula Vista City Council? Yes ~ No ~ .,. If y~, which COU~i] Morner(s)? Have you provided mom Than $300 (or an item of equivalent value) to an offigoe- of the City of Cbula vista in th. past twelve (12) months? (This includes being a source of income, money to cadre a legal debt, gift, Io~n, ~'c,) Yes __ No __ ~ If yes, which OfficLal(s) end what was the nature of the imm providad? 5t~'~acure of ContraCtor/Applicant Prim or Type N~me of Conr~aC~0r/Ap~li~ani- Per,on is defined as: any individual, flrr~, co-pann=rship, ~ioine wntur~ aSsoeia~ion, s~i~l club, ffat~] otgg~igaden, c~ri0n, ~s~a~e, ~st, receiver, syndicate, any o~her county, city, municipally. ~is~ct. or o~er group or combination actiag ~ a unil. ~e~l inclu~ buc is not li~[~ m; Ma3or. ~uneil Mc~er, Planni~ Commisgloaer, Mem~r of a B~, Cool.ion or Commlt~cc of thc City. ~mploye~. or BiO Package P~se2Ot2 TILE. CITY OF. CHULA.. VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 1014)1, ptior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campalg'n cona'ibutions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Nond 2. ff any person* identified pursuant to (1) above is a corporation or parmership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. None If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. None Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. None 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No X Form L - Disclosure Statement Bid Package' If yes, briefly describe the nature oftbe financial interest the official** may have in this contract? · 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chala Vista City Council? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your govermng board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made conn'ibufion totaling more than $1,000 over the past four (4) yea~ to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? ) Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No X___ If yes, which Official(s) and what was the nature of the item provided? ~1/^ Date: 8/23/00 ~' ~ ~A :~ Signature ppli~ant RaffJ_ Ogha~aabS_an, V£ce Pres:[dent: Print or Type Name of Contractor/Applicant * Person is defined as: any indivk5 I( irm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, n-ust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board. Commission or \Committee df the City, Employee, or Staff Members. Form L - Disclosure Statement Page 2 of 2 T]fl~E CITY ,OF CtlULA VISTA DISCLOSURE STATENIENT '! Pursuant to Council Policy 101491, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of discloanm of certain ownemhip or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, conlxactor, subcontractor, material supplier. NONE 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. ff any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust. 4. Please identify each and every person, including any agents, employees, consulta~.ts, or independent contractors who you have assigned to represent you before the City in this matter. 5_ Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract witd~fn the past 12 months? Yes No x Form L - Disclosun: Statement Bid Package If yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (I 2) months to a current member of the Chula Vista City Council7 Yes No X If yeS, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council MembeRs)? , Have you provided more than $300 (or an item of equivalent value) to an office of the City of Chula Vista in th~ past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No ¥ __ [f yes, which Official(s) and what was the nature of the item provided? Signatffh~ of Contractor/Applicant L. Faber Masonry, Inc. Print or Type Name of Contractor/Applicant * Person is defined as: any individ~; firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or com.bination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or , Committee of the City. Employee, or Staff Members, Form L - Disclosure Statement ?a~e ~ o£ 2 Sep-06-O0 12:22 Mark Harris Plumbing, Inc 619 401-7979 P.02 $ep-05-~'600 )3:43 Fr~m-~IGltLAIIB PA81T~E~$1~IP IflC, 619499~9~ T-146 p.~IOD'OU~ CaTV cm n_ VISTA Pursuant lo Council Policy lOl-Ol, prior TO any ~-tfon upon matve~ which will re.ire di$cretionar~ acilon by the Council, Plaunmg Commission and all ogler official bodies of the Cky. a statement of dis:losu~ of certain ownership or finuncial in~n~sts, payments, or ~ampaign conuibntinns for a City of Chula vim election muse be filed. The following iaformafion must be disclosed: 1. List ~e names of ali persons having a financial interest in ~he property which is the subjeci of the application or ~he conu'ac~, e.g., ow~. uppiicanc conuaCtor, subcontractor, material Supplier. Mark l-Iarri~ Plumbin§ Co., 'Inc 2. ff m~y person* idondfied pm-soant to (1) above is a corporation or pannesship, list the names of all individuals with a $1000 inv~m~ent in the business (corporalior~armerthip) en6~. Mark S. ~arris Mar~are~ A, Harris Jessica L. Harris ff a~y person* idanfified pursuant to (I) above is at non-profit organization or u'ust, llst the narnus of a~y person serving as director of rile non-profit organizalion or as rmsme or beneficiary or ~rusmr of the trust. 4. Please identify each a~d every person, including any a~ents, employees, consultants, or independent contractors who you have assi~exi to r~pr~Sen~ you before the City in ~his matter_ Dpnll t ~: T~yl ar __ __ Gary Mifflin 5- Has ~ny person" associated with this con~ract had any financial dealings with an official'* of the C~ty of Chula Vista - as ii relates to 0~is Contract within thc past 12 months? ¥~s No XX., Sep-06-O0 12:22 Mark Harris Plumbing, Inc 61g 401-7979 P.03 Sep-OS-Z090 1~:4~ Fron-HIGHL~P PARTflEI~IP Itlr. 619496Z970 T-146 P 903/003 F-TBS yes, briefly d~scribe ~he mature of the fimancial in~res~ the off'~al~* may have: in this con~ract? 6. Hav~ you made a contribution of more than $250 withi, thepast twelve (12) months to a c~n~m member of the Chula VL~t Cky Counc/t? Yes No ~ ~ ye~, which Council Memher(s)7 7. Have you or any member of y~mr go~.n'~ing b~ard (i-e. Corporate Bo~ of ~m~. ~x~6~. non-petit Bo~d of ~ors) ~c c~bufi~ ~ing more Ih~ $1,~ over ~ p~t four (4) ye~ ~o a cu~nT mem~r of the Chula Viga City Co~cil? Y~ .. No ~ ~ ff y~, which Co~l Members)? 8. Have you prodded mor~ fl~n $300 (or an item of equivalent value) to an office*= of the City of Chula Vise in th. pas~ tweive (12) months7 (This mclud~s being a source of income, money m retire a legal ok:bt, ~ift, loan, Yes . No XX ~f yes, which OfflcialCs) and what was thc mature of the item provided7 Signature of Contractor/Applicant Mark Hark Harris P~umbiu, g Co. ~ Print or Type Nanl¢ of Contractor/~t}plio ant Pecan is defined as: any individual, firm. co-laanner~hip, joint venturc, association, social club, fraternal Organization, coq}oxafion, esr. am. mist. receiver, syndicate, any olher :oust. city. municipality, dj$~ie{, or oder political subdivision, or any olhcr group or combination acting a-~ a unit. Official includc'~, lm~ is not !]r,"-~{~ ~o: Ma~or. Coa,cil Member, Planrdng Commissioner, Member oi~ a Board. Commission or Co.mit r~e of The City. ~npioyce~'~. Serf Members. Bid Pacl~agc Page 2 of 2 l~rsuant to Council Policy 1014)1. prior W any ao. ion upon matters which will require discretionary action by Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership financial interests, payments, or campaign contributions for a City of Chula Vista election must be file& The following information must be disclosed: 1. List the names of ali parsons having a financial interest in ~c property which is the subject of the application or the contcact, e.g., owne~ applicant, contractor, subcontractor, mamrial supplier- I 2. If any person Menufied pursuant to (1) above is a corporanon or pam~ership, list the names of ail individuals with a $1000 investment in the business (corp°rationt~pannevship) entity, 3. ff any parson* idenfifi~ pursuant tn, (1) above is a non-profit organization or trust, list ~e n~s of '" se~g ag ~tor of tbc non-p~flt org~iz~on or ~ ~ be~fici~ or ~r of ~e ~st. :' NONE you have ~si~ to top. sent you ~ore ~o CiW in.~is mawr. 5~ Has ~ ~oD* ~ia~d Mth ~ koDmct h~ ~ .fin~ ~iD~ wi~ ~ officiO** of ~e City of ~ it rela~ to this c~ wi~in ~e p~t 12 mn~s? Y~ No ~ Bid P~Rd :' P~ I al2 If yes, briefly describe the nature of the financial interest the official** may have in this contract7 6. I-lave you made a contribution of more than $250 witldn the past twelve ( l 2) months to a current member of the Chula Vista City Council? Yes . No y~ If yes, which Cotmcil Member(a)? 7. Have you or any member of your govermng board (i.e. Corporate Board of Directors, Executives. non-profit Board of Directors) made contribution totaling more than $1.000 over the past fear (4) years to a current member of the Chula Vista City Council? Yes __ No X ff yes, which Council Member(s)? 8. Have you provided mom than $300 (or an item of equivalent value) to an office'~* of the City of Chula Vista in the past twelve (I 2) mnths? (This includes being a source of income, money m relim a legal debt. gift, loan, etc. 3(es No ~ X If yes, which Official(s) and what was the nature of the item provided? Date: 8/23/00 . !~_,~ Signature of Contractor/Applicant Pnnt or Type Name of Contmctor/Applicam * Person is defined ~: any individual, firm, co-partnemhip, joint ventxtre, asstmiation, social club, h-aternal organization. cotpomnon, extate, trust, receiver, syndicate, any other canntv cit~ muaicil:mlily, diiarict, o~ oth~ political subdivision, et any other ~oup or combination acting a unit_ ** Official includes, but iS not limited re: Mayor, Council Member, Planning Commi~ioner, Member of a Board. Commission Committee of the City, Employee, or Staff Members. Foma L - IN<losum St~ement Bid Pm:l~age Page 2 of 2 TWI~. CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101451, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign con~bufons for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, .subcontractor, material supplier. ff/A I 2. If any person* identified pursuant to (1) above is a corporation or pannership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. ff any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust. 4. Please identify each and every person, including any agents, employees, consultants, or independent con~'actors who you have assigned to represent you before the City in this matter. 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes __. No X Form L - Disclosure Statement Bid Package If yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council7 Yes No _ X If yes, which-Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in the~- past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, erg.) Yes No X If yes, which Official(s) and what was the nature of the item provided? Signatt~ ~ontractor/ApPlicant Onofrio ?ecoraro Print or Type Name of Contractor~Applicant * Person is defined as: any indiv~ J firm, co-parmership, joint venture, association, social club, fraternal organ/zation, corporation, estate, trast, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or \ Committee of the City, Employee, or Staff Members. Form L - Disclosure Statement Bid Package Page 2 of 2 / ~? THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 1014)1, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. ff any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust. 4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract witl~ the past 12 months? Yes No X Form L - Disclosure Statement Bid Package Page I of 2 If yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council.9 Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Dircctora, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? ~,. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes ~ No X If yes, which Official(s) and what was the nature of the item provided? Date: 08/24/00 ~ Signamrc of Con~actor/Applicant ERIC B. BENSON-PRESIDENT PfintorTypeNameofContmc~r/Applicant * Person is defined as: any indiVi~lual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. **. Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or ) Committee of the City, Employee, or Staff Members. Form L - Disclosure Statement Bid Package Page 2 of 2 ~of tt~ t'manclal in~test thc of tic:al~ may Imve 08/24/00 15'18 F.~ 8475163980 Ro56 Emd Wh.'Lte r_~,~,,~.l.Lq ROSS a WHIT~ HSOP C~ T~UST ~ JEFF RO~,~ - . ~FF ROSS .. ~NZS, T~TOR TRUSTEE .. SE~ ~NSWORTH LICENSE ~ 865 781 aait ~l~mstothi~c~ witMuthelm~ 12mnnd~? Ye~ ~ t4o XX 08/24/00 15:18 F~ 84,75163989 Ro66 mid ~'Ce .~..~.,,., Aug-Z4-00 04:27P saddleback W~terp~oofing 858 ~70 ~3B P.~i Pursuant to Council Policy 101--01, prior to an~':~e£io'W upon matters which will requir~ discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chuls Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. ff any person* identified pursuant to (1) alJovLa.~:~ration or parmership, list the names of all individuals with a $ l 0~0 investment in tho business (cor~oration/par~ership) entity. ,. If any person* identified pursuant to (1) above is'a' non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please idendfy each and every person, inclndifi:g ~iii'y-ig(~nts, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Has any person* associated with this contvaet had ahy financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes _ No Form~'Dts~J.~surc Statement Page'l of 2 Aug-24-O0 04:~8P $~ddleb~ck W~terproo~ing 868 270 4938 P.22 If yes, briefly describe thc nature of the financial interest the official** may have in this contract? 6, Have you made a contribution of more than $250 with~ the past twelve (12) months to a current member of the Chula Vista City Counc l? Yes No ~ If yes, which Council Member(s)? 7. Have y~u ~r any member ~f y~ur g~verning §b~rd.(i!e~ C~rp~rae B~ard ~f Direct~rs~ Execu6ves~ n~n~pr~t B~ard ~f Directors) made contribution totaling more than $ 1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes - No. ~ If yes, which Council Member(s)? 8. Have you provided more than $300 (or an item of ~ to an office*"' of the City of Ghula Vista in thc past twelve (12) months? (This includes a legal debt, gift, loan, etc.) Yes No ,~ If yes, which and of the item provided? Print or Person is defined as: any individual, firm. co~p'ar~fie~liip;'joint social club, fraternal organization. corporation, estate, n'ust, receiver, syndicate, any.o~her ~ounty, c~ty, or other political subdivision, or any other group or combination acting as a unit. .... : . ~,'~cial includes, but is not limlmd to: Mayor, Council Member, Planning Commissioner, Member of a Board. Commission or ~ommittee of the City. Employee. or StaffMember~. Form L*~ Disclasum Statement / B. id Package Page 2 oF2 crr ca- . ws '. Coancil. Pl~,i,~ Com~ssio, ~d ~I o~e~ o~ci~ bodies of t~e Ci~. ~ s~e~e,t of ~i~clo~u~ of c~, o~e~ip ot fi,~cial M~ts. p~ymems, ot c~p~ co.~budo,s for ~ Ci~ of info~ation must be disclose: I. List ~e n~es of ~1 ~ons ha~ng a fin~cifl intent in con--t, e.g., owner, applic~L con--tot, subcon~tor, matefi~ supplier. 2. If any person* identified pursuant to (l) above is a corporation or parmership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. ~If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiar3t or trustor of the trust. 4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you havi assigned to represent you before the City in this matter. N/A Has a. ny person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within, the past 12 months? Yes No X Form L - Disclosure Statement Bid Package ~" ~// Page I of 2 /~$~ If yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No x If yes, which Council Member(s)? 7, Have you or any member of your governing board (i.e. Corporate Board of Dircctors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No _ × If yes, which Official(s) and what was the nature of the item provided? Date: 8/26./00 e.L....~ eZ._~/~,~_x~/V~ iee~ President Saturn Electr Signature of Contractor/Applicant Ti~moth¥ Dudek, Vice P~eaident Saturn Electr Print or Type Name of Contractor/Applicant * Person is defined as: any indir' mi, firm, co-parmership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, dis~ct, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or · Committee of the City, Employee, or StaffMembers. Form L - Disclosure Statement Bid Package / ~ ~::. ' ~) Page 2 of 2 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT to Council Policy I01-01, prior to any action upon ma~ers which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all ffersons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. N/A~ t 2. Lt' any person* identified pursuant to (1) above' is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/pannership)entity. N/A If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust. ~/A 4. Please identify each and ever3, person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Robert Sherwood Mitchell C. Roberts Billy Sheldon 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista / as it relates'to this contract within the past 12 months? Yes No X ) If yes. briefly describe the nature of the financial interest the official~* may have in this contract? 6. Have you made a cont~bution of more than S250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $I,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? )Have you provided more than 5;300 (or an item of equivalent value) to an office** of the City of Chula Vista in past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No X ff yes, which Official(s) and what was the nature of the item provided? 2000 _ ,?////' __ S~at~ of Contractor/Applic~t Billy Sheldon P~nt or Type Name of Cont~ctor/App[ic~t Person is defined as: any indivi,~,-.~ firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, dis~ct, or other political subdivision, or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner. Member of a Board. Commission or Committee of the City, Employee, or Staff Members. Bid Package Page 2 of 2 TH~ CITY OF CHULA VISTA DISCLOSURE STA~NT Pursuant to Council Policy 101431, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or finan¢iai interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of ail persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Stephen W. TbJompson, President John S. Myers. Vice President Larry A. Richie, Vice President 2. If any person* identified pursuant to (1) above is a corporation or parmership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. Stephen W. Thomp.qon, Pregident John S. Myers, Vice President Larry A. Richie, Vice President )ff any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person · serving as director of the non-profit organization or as trustee or beneficiary or trastor of the trust. -- Not Applicable 4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Stephen W. Thompson, Employee Kevin Cammall, Employee John S. Myers, Employee Gary Arnold, Employee Larry A. RichSe, Employee Jim Summers~ Employee 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No X Form L - Disclosure Statement Bid Package Page 1 of 2 If yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a conuSbution of more than $250 within the past twelve (12) months to a curr~nt member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your govermng board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in tM past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes . No ~ If yes, which Official(s) and what was the nature of the item provided? Date: August 23. 2000 ~ Signature of Contractor/Applicant Stephen W. Thompson. President Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fiatemal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or ~Committee of the City, Employee, or StaffMembers. Form L - Disclosure Statement Bid Package' Page 2 of 2 ~,,~t ~ Council Polic~ 101-01, prio~ to any action npon matters which will ~luire disc~etion~,~l ~tion h~ the 9nell, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or ~ncial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following 9rmation must be disclosed: List the names of all pemons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontra3:tor, material supplier. ff any person* identified pursuant to (l) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. ~ ~erson* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person · sct~lltg as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Has any person* associated with this contract had any financial dealings with an offic!al**~e City of Chuta Vista as it relates to this contract within the past 12 months? Yes No ~ Form L - Disclosure Statement Bid Package If yes, briefly describe the nature of the financial interest the official** may have in this contract? Vista City Council? Yes ~ No L/ If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. CorpSe Board of Directors, Executives, non-profit Board Directors) made contribution totaling more than $1,000, or/el the past four (4) years to a current member of the Chul Vista City Council? Yes No t/ If yes, which Council Member(s)? 8. Have you provided more than $~0 (or an item of equivalent value) to an office** of the City of Chula Vista in past twelve (12) months? (~'includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No "ff yes, which Official(s) and what was the nature of the item provided? Signature. of Contractor/Applicant Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organizatim corporation, estate, trust, receiver, syndicate, any other county, city, municipality, d/strict, or other political subdivision, or an other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission Committee of the City, Employee, or Staff Members. Form E - Disclosure Statement Page 2 of 2 THE CITY ,OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. W£1£red R. gha%ez, President 2. ff any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $I000 investment in the business (corporation/partnership) entity· Wilfred R. Chavez, President ;If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiaW or tmstor of the trust. None 4. Pleaseidentifyeachand every person, including any agents, employees, consultants, orindependentcontmcmn who you have assignedto representyou befom th~Ci~ in this matter. Wilfred R. Chavez Bud gayak Bill Newcomer 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No x Form L - Disclosure Statement Bid Package If yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (! 2) months to a current member of the Chula Vista City Council? Yes No x If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Direa:tors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No x If yes, which Council Member(s)? Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in thE . past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No x If yes, which Official(s) and what was the nature of the item provided? Date: AumaSt 23, 2000 P~/-~' ~_E_~__J~ __. signatu re ol~ontractor/Ap~cant The ~,/.R. Chavez Company Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-parmership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, dis~ict, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or Committee of the City, Employee, or Staff Members. Form L - Disclosure Statement Bid Package Page 2of2 ~ ~ C~ncil Policy 101-01. prior m ~y ~cion apon ma~ which will ~qui~ ~e~on~ ~fi~ by ~ 1. Li~ ~hc n~ of ~1 ~s aa~ng a tin.iai inm~ in ~e ~,~ w~h is ~he subj~ of ~ ~pplic~ion ar ~he c~r, e.g., a~er, ~lic~nL control ~on~. ma~fi~ .......... 2. finny'persOn* identified pursuant to (l) above is a co~poradon or parmership, llsr the names of ~1 indlvldu~s wkh ~ $1~ ~nves~t ~ the busings (co~o~do~p~e~hip) ~d~y. , ....... .. ff any person* idcn~ficd pursuant to (1) above is a non.profit organiza~ion or trust, llst the names et~ any person serving as dlrecmr o~ the non-profit organization or as ttuslee or bet~eficiary or t~vs~or of the uusl. 4, Please identify each and every person, including ~ny agents, employees, consultants, or independenr contractors who you have ~si~ m represem you ~fo~ ~he Ci~, in Ibis ma~ter. 5. Has a~y person~' a~sociated with ~his comr~[ ~ ~y financial dealings wkh ~ o~cia[** or,he Cky of C~ul[ Visa ~ it relates ro this con~a~ wk~a the p~ 12 momhs~ Yes ...... NO ~' ~ Paaka~' P~ I of 2 yes, b6efly descrlbc the naru~ of tke financisl interest the official"- may have in chis contract? ,,. ~ /?, ......... 6. Have you made a conttl'budon of mot~ thm~ $250 within, ~epast tw~v© (12) mmu~ m a curre~ member oE d~e Chu]a Vista City Council? Ye~ , , No ~ ~ycs. which Cormcil MembeRs)? 7. Have y~u ~r any m~mbgr ~ y~ur g~v~ming b~ard (i~e~ C~rp~rate B~ard ~f Direcmrs~1~xecmives~ n~n-pm~r ~r~4 ~f Directors) made contribution totaling more than SI,000 over the past four (4) years to a cut~en~ m~mber oi: be Chula Vista City Council? Yes .... No ~ ._~ If yes, which Cotmcil MemberCs)? ~ave you ppov~dcd more than $300 (er an item of equivalent vaJue) m ~ a~ew* of the ~ of Chula p~l twelve (12) mon~s~ (~is includes ~ing a soume of income, m~ey zo ~ a legal ~br, gift. ]o~, ~rc.) Yes ...... No .~ ,, , ffyes, w~ch ~ci~(s) and what was thc n~mm oflhei~empmvlded? Person is dc~aed a~: any individual, firm, ¢0-parme, rship, joint veltt~l'e, ~soc~atio~l~ soc~l club. ~a~ ~5~i~o~. co~o~on, est~c, ~L ~civtr. ~yn&icate, any o~er count, city. municipality, distticl, or other polid~l su~ivislon, or_any other ~up or com~ina~on a~ting ~ a unic ~cial fnclu~s, but is not limited to: ~ayor, Council Member. Planning Commissioner. ~b~ of a B~d, Commi~io~ or Bid Pack,ge P~e 2 of 2 CITY O'F CHUL Pursuant to Council Policy 101-01, prior to aay ac'don upon r~.~_~rs which will requ~ discretionsry s~io~ hy r~ Council, Planning Commission and all other m'~icial bodies of th~ Ci~, a ~ of diselosu~ of ~ owntxship or financial inu~,~as, paymenm or campai~ ;onm'oulio~s f~r ~ City of Chula Vista e, kation must b~ filed. The following information must be disclos~ I. List thc names of all persons having a financial inmrest in rl~ plop~rty which is the subject of the applicalion or ~he conuact, e.g., owner, applicant, contra~tor~ subconlrac£or, l~ated, al supplier. 2. If ~r~y pe~on* idtatifled pursuant to (1) above is a co~oration or parmership, list the names of all indiViduals with a $I000 investment in the b-siness (corporolion/parmership) ent/ty. If any petsoa* id~a6fi~i pursuant to (1) above is a non-profit o~danizatlon or m~ list the nsmes of ally serving as director of thc non-pwfit organi~aiion or as trustee or beneficialy or uustor of die wast. 4. Please identify each and ev~n-~ l~rson, including ar~y agate, e~-nployees, consul*ams, or independent contractors who you have assignexl to represent you before the City iu this malter. 5. Has any person* associated with this conh'act ~ any financial cle~ali~gs with an official*'~ of the City of Chula Vista as it r~lales u~ rbis conu-act wi n the pa~t 12 months? Yes Ho 6. Have you made a contn'bufiOn of mom than $250 wit~. the past twelve (12) months to a cur~nt member of the Chula VisraCity Council? Yes ~ No ~ Il*yes, which Conn~il M~(s)? 7, Have you or any member of your governing, board (i.e. Cor~ra~ Board of Directors, Bxecatiwes, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Cotmcil? yes No '~ If yes, which Council Member(s)? _ 3. Have you provided more than $300 (or an item of equivalent value) to an office** of the Cio/of Chula Vista in the past twelve (12) monfi~s? [ ~This ivcludes being a source of income, mo~ey m mfi~e a legal d,lx, gift, loan, etc.) Ye~ No ~ If yes, which Official(s) and what was the nature of the item provided? Person is defined as: any ,indlvidl?~' firm, co-partnership, joint v~nm~ a.ssodation, social club, fratc'mal organization, covl~orarlon, estate, lrast receiver, sYndicat~ any other co~a~, city, mmdcipali~, district, o~ cab~ political subdivision, or ~y other group or combination acling a~ a unk Official in¢led~ but is no£ lLm/lerl to: Mayor, Council Member, Planning Commissioner, Member of a Boar~. Commission or Committee of the City, Employee, or Start:Merely:m_ Form L - Disclosur~ S~ra~m~ Pag~ 2 of 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE REJECTION AND RE-BID OF ALL THE BIDS LISTED ON EXHIBIT KB" FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD WHEREAS, in preparation for the August 24, 2000 Public Bid Opening for the Construction of the Public Works Operations Facility and Corporation Yard, Highland sent out Invitation to Bids to over 780 Specialty Contractors in addition to an advertisement soliciting bids in The Daily Transcript and the Star News; and WHEREAS, on August 24, 2000, 152 individual bids for 65 bid packages were received; and WHEREAS, in a number of instances, bid deficiencies were discovered by Highland and City staff at the bid opening and during subsequent reviews of the bid packages; and WHEREAS, deficiencies in the bid packages primarily included: 1. Failing to submit all of the documents required by the Invitation and Instructions to Bidders at the bid opening and/or 2. Ambiguities within the bid scope of work, specifications and draw±ngs resulting in a wide array of bids and a failure to cover the necessary scope of work adequately and/or 3. The bids received did not cover the complete scope of work called for in the specifications; and WHEREAS, it was determined that each of the bids for the bid packages listed on Exhibit "B" contained one or more of the aforementioned deficiencies; and WHEREAS, it was determined that the bid deficiencies compromised the integrity of the bid packages and that they should not be accepted; and WHEREAS, Highland and City staff felt that modifications to the specifications, scope of work, and/or drawings and repackaging of the trades would clarify the issues discovered during this process and result in more complete, accurate and appropriate bids for each of the trades required to complete the Corporation Yard project which is in the best interest of the City; and WHEREAS, due to the long lead time required to obtain many of the items listed on Exhibit "B" it was necessary to begin the rebidding process immediately or a delay in construction may have resulted causing increased construction costs for the City; and WHEREAS, Highland and City staff recommend rejecting and rebidding all of the bids listed on Exhibit "B" for the renovation and expansion work. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby ratify the rejection and re-bid of all the bids listed on Exhibit ~B~ for the renovation and expansion work associated with the construction of the Public Works Operations Facility and Corporation Yard. Presented by Approved as to form by John P. Lippitt 3~oh~n~M[ Kahe~y Director of Public Works C~ty Attorney [H:/HOME~A~TORNEY%RESO\oorp yard exhibit b bids (September 21,2000 (3: lprn)] 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING NON-RESPONSIVE BIDS AND ACCEPTING THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS AS DESIGNATED ON EXHIBIT ~A", FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTP~ACTS WHEREAS, on July 18, 2000, the City Council approved Resolution 2000-245 approving an agreement with Highland Partnership, Inc. ("Highland") for the provision of Construction Manager/Constructor services required for the construction of the Corporation Yard Project; and WHEREAS, on August 15, 2000, the City Council approved Resolution 2000-297 appropriating $23,951,213.00 in additional project funds on the new Corporation Yard Project; and WHEREAS, at 4:00 p.m. on August 24, 2000 at Highland's offices, 285 Bay Blvd, Chula vista, the City received sealed bids for the multiple trades necessary to construct the corporation yard project; and WHEREAS, certain trades required rebidding because either no bids were received or the bid responses were incomplete and non- responsive; and WHEREAS, at 2:00 p.m. on September 8, 2000, at Highlands' offices, the City received sealed bids for site concrete; structural steel and metals; hollow metal doors and frames; doors, frames and hardware; and glazing systems; and WHEREAS, from the September 8 bid opening, site concrete structural steel and metals, and glazing systems are listed on Exhibit "A" for award; and WHEREAS, the low bidder for the landscape and irrigation 1 bid package failed to follow the specifications and Instructions to Bidders thereby submitting a non-responsive bid; and WHEREAS, the two low bidders for the concrete reinforcement bid package failed to follow the specifications and Instructions to Bidders in that Echo Pacific provided a lump sum bid for multiple bid packages instead of package specific pricing and Minshew Bros. failed to submit all of the documents required by the Invitation and Instructions to Bidders including not submitting a bid bond; and WHEREAS, the low bidder for the structural concrete bid package failed to provide pricing by bid package as requested by the Instruction to Bidders and specifications; and WHEREAS, the two low bidders for the interior and the exterior overhead door bid package failed to comply with the Instructions to Bidders and specifications and failed to submit all of the documents required by the Invitation and Instruction to Bidders including not submitting a bid bond; and WHEREAS, the low bidder for the toilet partitions and accessories bid package failed to comply with the Instructions to Bidders and specifications and failed to submit all of the documents required by the Invitation and Instruction to Bidders including not submitting a bid bond; and WHEREAS, the low bidder on the vehicle wash equipment bid package was rejected because they did not meet the specifications in that they only bid one of the two products called for in the specifications; and WHEREAS, all bids for each trade are listed on Exhibit "A"; and WHEREAS, Highland has checked the references provided by the contractors recommended to receive an award and all references verified their work has been satisfactory; and WHEREASi: Highland and staff have reviewed the low responsive bids for each trade and are recommending awarding to those contractors designated for award on Exhibit "A"; and 2 WHEREAS, on July 11, 2000, the Redevelopment Agency adopted the Negative Declaration prepared for this project; and WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project and no special minority or women owned business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby reject non-responsive bids and does hereby accept bids and awards contracts as designated on Exhibit "A" for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard. BE IT FURTHER RESOLVED the City Council hereby authorizes the expenditure of $12,070,093.07 to cover the contract amounts and contingencies associated with the trade contracts. BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista is hereby authorized and directed to execute said contracts. Presented by Approved as to form by John P. Lippitt Jo~' M. Kaheny Director of Public Works City Attorney H: \Home \At t orney\ Re so \ CorpYard RESOLUTION NO. RESOLUTION OF THE CITY COIINCIL OF THE CITY OF CHULA VISTA MODIFYING COUNCIL POLICY NUMBER 574-01 TO PROVIDE THE CITY MANAGER WITH APPROVAL AUTHORITY AT HIGHER FINANCIAL LEVELS ON CHANGE ORDERS FOR THE CONSTRUCTION OF THE PUBLIC WORKS OPEP~ATION FACILITY AND CORPOP~ATION YARD WHEREAS, on July 18, 2000, the City Council approved Resolution 2000-245 approving an agreement with Highland Partnership, Inc. ("Highland") for the provision of Construction Manager/Constructor services required for the construction of the Corporation Yard Project; and WHEREAS, Council Policy Number 574-01 sets out the guidelines by which change orders are approved; and WHEREAS, the Policy authorizes the city Manager to approve change orders up to $10,000; and WHEREAS, the current change order limits are so low that on a project of this magnitude, the City Manager's authority limit could be reached very quickly; and WHEREAS, staff experience suggests that unforeseen conditions often result in the need for change orders on remodel projects; and WHEREAS, the delay associated with bringing every change order to Council for approval may slow the work on the project causing increased cost to City and delaying completion of the project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby modify Council Policy Number 574-01 for the Public Works Operations Facility and Corporation Yard by allowing the City Manager to authorize change orders up to $50,000 per single change order and $250,000 as the maximum aggregate for cumulative change orders. Presented by Approved as to form by John P. nippitt ~o~M. Kaheny Director of Public Works City Attorney CITY COUNCIL AGENDA STATEMENT ,Tm NO.: MEETING DATE: 09/26/00 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $150,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO CONTRACTUALLY ENGAGE THE PROFESSIONAL CONSULTANT SERVICES NECESSARY TO EVALUATE CITY OPTIONS TO REDUCE REGIONAL ENERGY COSTS AND ENHANCE ENERGY SYSTEM RELIABILITY SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ P¢~ REVIEWED BY: CITY MANAGER 4/5THS VOTE: YES ~ NO ~ BACKGROUND This summer the greater San Diego region has been suffering from escalating energy costs due to a variety of complex inter-related factors; primarily but not exclusively, revolving around market adjustments from industry restruduring, inadequate service delivery systems, along with regional economic growth and demand outpacing supply. The region's robust economy and its future depends on a reliable, environmentally sound, and cost effective supply of energy. At the Agency meeting of August 22, 2000, during discussion of the proposed Peak Load Power Generating Plant project in the Southwest Project Area, the Council/Agency continued the item, and directed staff to explore any and all options available to the City that would help address the community's energy cost concerns, including any options presented by the proposed peak load power plant. As the Council and community can appreciate, this undertaking requires extensive investigation and analysis of a complex, multi-faceted system including a myriad of issues related not only to power generation and distribution, but also power purchasing strategies, facility permilting, industry supply and demand pressures, emerging "green" technologies, conservation efforts, and extensive legislative activity. Therefore at this time, this report serves only to inform Council of general information learned to date, and establish a framework within which a range of options and opportunities will be analyzed over the next few months toward the goal of establishing an overall energy strategy for addressing both short-term and long-term market and system reliability concerns. It is expected that staff will return to Council with a report and recommended course of action prior to the end of the calendar year. PAGE 2, ITEM NO.: I ~ MEETING OATE: 09/26/00 Representatives from Duke, SDG&E as well as the recommended staff consultant team will be at the meeting to provide input and answer questions. RECOMMENDATION It is recommended that the Council and Agency adopt the resolution appropriating $150,000 from the available fund balance of the General Fund and direct staff to: 1) evaluate the identified strategies outlined in the report, and 2) provide a report with a recommended course of action on or before the meeting of December 19, 2000, and contractually engage appropriate financial, legal and industry consultants as deemed necessary by the City Manager up to the maximum authority of $50,000 per consultant. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. GENERAL BACKGROUND In response to the City Council August 22 request, this report presents o discussion of options and issues that the City of Chub Vista can and should evaluate to address short- and Iong~term regional energy market and system reliability concerns, including any options associated with the Main Street Peak Load Power Plant. Additionally, the report provides a summary of legislative activity as well as energy conservation information that can be made available to the community. Prior to discussing specific strategies, it is important to generally identify the components that make up the "supp¥' side. In simple terms, the system is comprised of three major components: 1) power generation, 2) transmission, and 3) distribution. Traditional electricity consumers buy electricity off the grid. To assure the reliability and supply of electricity available through the grid, the generating system supplying the grid needs to: 1) establish the high powered (KV) power ~ines to "transmit" additional capacity to and from the region; 2) establish additional generating capacity as demanded by growth; 3) establish additional gas pipes to distribute additional fuel to feed the additional generating capacity; 4) improve the distribution system that delivers electricity from generators via *'transmission lines'* to local customers; and 5) use the fuel already in the system more efficiently, and/or diversify the means the system uses to generate electricity. Modern plants are designed to use natural gas more efficiently and are a cost-effective means of increasing supplY in th~ sf~ort run. Small plants can be constructed and brought on-line more rapidly than large plants in part due to reduced permit and regulation requirements. They can effectively increase the supply of electricity from natural gas fueled sources. However, increasing generating capacity is not the sole answer to the issue. The region also needs to increase the pipelines that supply natural gas and increase the number of transmission lines PAGE 3, ITEM NO.: I~.~ MEETING DATE: 09/26/00 needed to deliver power from the generating facilities and the local distribution system. Increasing supply from national gas sources places additional pressure on fuel delivery systems that are already challenged. Southern California Gas is now authorized to use the fuel delivery system's capacity to deliver natural gas to Mexico which only compounds the problem. Electric supply is also greatly affected by the limitations on the transmission systems' ability to move eledricity in and out of the region to maximize competition and the exchange of power during peak and off peak periods throughout the western grid. Alternative power generating sources such as geothermal, photovoltaic (solar power), wind, and co- generation / landfill methane are also an important part of the long-term solution. They represent alternative means of generating electricity locally that would not rely on the limited supply of natural gas. These systems cost more per kilowatt to build than the generating component of their natural gas counterparts and raise issues about reliability but they do not rely on the potential need to add gas capacity, transmission lines or the added environmental process and issues associated with fossil fuel systems. STRATEGIES The following will be a discussion of five general options and opportunities the City should evaluate consisting of the City in the role of: 1 ) Electricity Generator 2} Electricity Distributor 3) Aggregator or Municipal Energy Service Provider (ESP) 4) Host/Facilitator of the existing and/or redeveloped South Bay Plant 5) Pursuit of Renewable Energy alternatives. I. Electricity Generator One approach to reducing electricity costs and increasing reliability would be for the City to purchase and/or build its own generation capacity. Types of Generation Facilities. There are a variety of types of electricity generation facilities. Facilities are distinguished primarily by the source of energy they use (natural gas, oil, coal, wind, water, heat or fuel cells) and their energy generation capacity. Energy capacity is measured in watts. A kilowatt is a thousand watts. A megawatt is a thousand kilowatts. The existing South Bay Power Plant produces approximately 706 megawafls of electricity. According to San Diego regional energy agencies, · this is enough energy to~ ~pply 706,000 households throughout the year. The natural gas turbine facility proposed by PG&E for Otay Mesa is expeded to have a generation capacity of up to 510 megawatts (or 510,000 households). Smaller facilities can also be designed to produce only so much electricity as is needed at a specific site (e.g., the City's corporate yard); but production by smaller plants is typically not as efficient as larger scale production and delivery. PAGE 4, ITEM NO.: 13 MEETING DATE: 09/26/00 In theory, by owning its own generation capacity, the City could better control the cost and reliability of its eledricity distribution system. Depending upon how much and the types of capacity produced, service could be provided to City facilities and to City residents and businesses. Furthermore, any surplus capacity could be sold back into the grid. Proceeds from surplus generation could offset some eledricity transmission and distribution charges. If enough energy were sold in the right market, surplus energy sales could also generate surplus revenues. The Los Angeles Department of Water and Power has recently mode headlines for not only providing oll necessary power within its own service territory, but for selling surplus power outside ifs system. During the month of .July, it has been reported that the LADWP generated $5 million per day in profit from surplus energy sales. Limiting Fodors The solution of owning one's own generation capacity is not without risks. One obvious impediment is high capitalization costs. The construdion cost of PG&E's 510 megawaff Otoy Mesa Plant is currently estimated to be $250 million (approximately $500 per kilowafl). PG&E's estimate of overall projed development cost approaches $350 million or $690 per kilowatt. In 'the City's case, tax exempt bond financing may be available to finance all or a portion of up-front capital costs; this opportunity could alleviate, but would not solve the high capital cost of energy production. Another burden of City-owned power generation would be the required level of sophistication and tolerance for business risk. The operation of a power plant has always been a complex endeavor; it has become especially complex and volatile in the newly deregulated marketplace. Not many cities have historically operated their own power generation facilities. To add this function in Chula Vista would require a major commitment to gaining and hiring the required expertise. Even then, there would be no guarantee the Ci~, could outperform the private sector in efficiency and reliability. Another limiting factor to the benefits of Ci~y-owned power production is the fad that any city- owned facility would remain subject to the questionable reliability and costs of the transmission and distribution systems to which the facility connects. Natural gas powered turbines for example would need to buy natural gas on the commodities markets and receive the natural gas over pipes of limited capacity for a fee. Natural gas transmission capacity to the region is already considered substandard. Third pady owned transmission and distribution lines would also need to be used to sell or deliver electricity. Of course, transmission and distribution facilities do now exist, but using these facilities requires fees be paid to third parties (albeit CPUC regulated fees). Moreover, there is general belief that these existing facilities are of insufficient capacity to deal with future growth in the region and the City. Large scale natural gas pipelines and electricity transmission projects are in the works, but the risks and costs of permifling and building such systems .are huge. PAGE 5, ITEM NO.: 13 MEETING DATE: 09/26/00 Finally, any new energy producing facility would also need to obtain a local air-emissions permit from the APCD. The permitting process requires that "energy offsets" be acquired to reduce air pollution impads. Facilities generating 50 megawaits or more of capacity would also require a permit from the California Energy Commission. These permitting processes are costly, time- consuming and risky. These observations are not intended to discourage the pursuit of City owned energy capacity as much as to point out that the benefits of large scale production facility ownership must be weighed against a number of cost and risk fadars. 2. Electricity Transmission and Distribution Another a.pproach to lowering energy costs and enhancing system reliability would be for the City to become an energy distributor or Municipal Utility. Municipal Utilit~ A municipal utility in the energy context is a public agency that owns and operates its local distribution system. The local distribution system is comprised of all the electric wires and associated facilities that deliver energy to end users within the City's boundaries. The authority to become a municipal utility lies within Article XI, Section 9 of the California Constitution. Municipal utilities are not regulated by the PUC as are privately owned utilities. Rates charges, however, must be "fair, reasonable, just, uniform and non-discriminatory." Examples of cities and districts that have formed their own complete municipal electric utility systems the City of Sacramento, Los Angeles, Anaheim, Pasadena, Burbank, and Glendale, among others. Locally, just last month the City of San Marcos took the first step to form its own municipal energy utility. Benefits of Being a Distributor The benefits of becoming a municipal utility are that the City could buy, deliver and charge for gas and electricity at rates it negotiates itself with third parties for the energy "commodity" and establishes itself for the delivery of that commodity. Prior to the summer rate spikes the distribution portion of a residential customer's electricity bill was roughly 70% of that bill. Even, now, with commodities prices 4 to 5 times higher than the cost last year at this time, distribution charges still comprise approximately 36% of a typical bill. Thus, an efficiently operated distribution system could potentially deliver distribution cost and/or revenues for a controlling municipality, substantial savings, or create substantial revenues, for a controlling municipality. Control of the local grid ~,,~o gives the City an opportunity to establish and dired for local benefit different fees and energy related programs. Current use of local grid systems for this purpose collects fees for programs that don't necessarily benefit our City. To achieve an even "higher form" of control on the delivery costs of electricity, the City could also seek to acquire high voltage transmission lines within (and even outside) its jurisdiction. This PAGE 6, ITEM NO.: )~ MEETING DATE: 09/26/00 could even further reduce costs, and provide opportunities for charging private parties needing the Ci~s transmission facilities to transmit power through the region. Transmission ownership coupled with power generation capacity (discussed above) would multiply the City's economic and reliability opportunities. Limiting Factors The primary impediment to becoming a municipal utility will be the cost and burdens of acquiring the local distribution system. Cities have the authority to acquire (by condemnation if necessary) energy distribution systems. Our City specifically reserved this right in our franchise agreement with SDG&E. SDG&E is likely to resist the City's acquisition, however, and the City will be required to pay fair value for the system. SDG&E's existing natural gas and electricity franchises are scheduled to expire on June 30, 2003. This fact should reduce the acquisition price of the distribution system and/or may make SDG&E more inclined to reasonably negotiate terms for the City's acquisition or a renewal of the franchise. The same issues of complexity, business risk, and the City operating in an area unfamiliar to it that exists with the City as a power generator also exists in the context of the City operating as a municipal utility. 3. Electricity Purchase Strategies A third major area to evaluate are various purchasing strategies that the City could potentially utilize to secure lower electricity prices as a consumer. Before discussing the options, it is important to understand the current practice. Default-Pricing (current practice): Energy consumers (including local jurisdictions) that have not selected a specific Energy Service Provider (ESP) default to the local utility that distributes electricity in their region (SDG&E). The utility is authorized to pass on the energy price dictated by the State Power Exchange (PX). After more than a year of deregulation in California the vast majority of all California energy consumers use the PX to purchase their energy. The PX price is subject to; 1) State regulation that awards all successful bidders the highest price among the number of Iow bidders needed to provide adequate supply for that bid period, and 2) regulation, if any, of wholesale prices offered to the PX under the iurisdiction of the Federal Energy Regulatory Commission (FERC). The City can become smarter energy consumers and take advantage of market opportunities as they present themselves. The City of Chula Vista's current energy usage is approximately 700,000 megawa~t ho~"-~ per year. City facilities alone consume approximately 14,000 megawatt hours per year. By way of comparison, the 700,000 megawatt hours per year equates to a need for a 80 megawatt power generating facilib/for the average load and 160 megawatts for peak load. The primary options available to the City to purchase electricity are: Regional or Local Cooperatives: The City has the option of working with other jurisdictions and/or local electricity users to combine electricity demands to potentially attract more PAGE 7, ITEM NO.: I ~ MEETING DATE: 09/26/00 competitive pricing. The SANDAG Power Pool was an example of a cooperative that was limited to Iocat jurisdictions. The City can structure their participation in a cooperative to allow local commercial and residential consumers to participate. Their participation is discretionary and a cooperative that allows participation by individual consumers whose energy consumption is likely to vary dramatically based on occupancy and operation is likely to favor large stable energy consumers or create high risk for ~;he members of the cooperative and its administrator. Municipal Energy Service Provider (ESP): The City could choose to be registered with the State as an energy "broker." As a broker the City would have the opportunity to purchase and resell wholesale power. Acting as an ESP provides the ability to pass the benefits of well-managed wholesale purchases on to other consumers, and the liability of administrative costs and the risks associated with acting as a broker in a dynamic market with no precedent for current price increases. Energy Consultants: There are a number of consultants that specialize in assisting cities with analyzing, re-organizing and competitively marketing a client's energy "load." "Load" is a term used to describe how much energy is consumed and when it is consumed. Load information allows the consultant to manage the purchase of electricity to select the energy "products, "and terms that maximize the purchasers energy value in a given market. Some of the "products" and term options include; daily, hourly and weekly PX pricing, hedge buying, short to long term direct agreements, energy futures and market derivatives. Consultants represent that by buying the correct energy product at the correct time, they can substantially decrease energy costs and cover their fees. Staff has preliminarily discussed the typical relationship and scope of work for such an agreement with independent consultants and representatives from Duke Solutions, a consulting division of Duke Energy Services. Direct Purchase: The City could also purchase electricity directly from a local power plant as part of a negotiated agreement. Staff did explore this option with the Main Street Peak Load Power Plant; however, the operator's license limited their ability to sell electricity "retail." However, the Duke Energy plant, to be re-built within the next few years, will present some purchase opportunities for the City. The expert consultants and energy representatives that staff has contacted have all agreed on at least one thing, there is no precedent for what is currently occurring in the market place. They have also consistently pointed out that summer and early fall have historically the highest rates of an annual cycle and are not the right time to be entering into long-term agreements. Two key components of any electricity purchasing strategy are; the use of metering technology to take advantage of market options, and the ability to respond to market conditions efficiently. Additionally, metering and load management technologies, conservation techniques and renewable energy sources are integral components of an integrated energy strategy. 4. Host City Negotiations with Duke Given the discussion of all of the three above identified strategies, the negotiations with Duke Energy regarding the planning and development of the new power plant presents the City with a unique set PAGE 8, ITEM NO.: MEETING DATE: 09/26/00 of opportunities and challenges to help address the energy cost/supply issues. The City has willing partners in Duke Energy and the Port Distrid to potentially negotiate "win-win" solutions on a variety of fronts, including, the acquisition of Iow cost power, and other beneficial enhancements similar to other franchise negotiations. Those enhancements can take the form of special discounts, conservation oriented fee strudures, rebates, exemptions, and incentives for the company tied to service performance measures. Currently, Duke is re-planning their "must run" facility for the southern-most portion of their Bayfront site. A modern, efficient, state-of-the-art facility would provide tremendous economic benefits to the City/Agency and substantially upgrade system efficiency and reliability. In addition to the negotiations, there will be a variety of plant financial issues/opportunities that will need to be analyzed since the power plant is located in a redevelopment area and could potentially become part of San Diego's San Ysidro/Otoy Mesa Enterprise Zone. The recent legislation passed to speed up the permitting of power plants will hopefully help bring this opportunity to the market place much sooner than originally contemplated. 5. Renewable Energy Strategies and Efficient Energy Consumption Renewable Energy Strategies: Alternative energy produced by renewable sources can be a strong component of an integrated energy strategy. Photovoltaic (PV or Solar), wind, co-generation/methane recovery, geothermal, small hydro-electric and other forms of alternative energy are not subject to the same fuel market volatility, regulatory pressures, and where such facilities are located on site, distribution or transmission costs and distribution or transmission costs to the same extent as conventional power. Solar energy in particular reduces the regional peak demand and provides a valuable source of electricity during the most expensive peak period. Solar power can be installed relatively quickly and does not require or contribute to the need to increase natural gas, transmission or distribution infrastructure with the added costs being passed on to the consumer. As "distributed power" that serves a specific facility, solar facilities can be designed to not only eliminate the electricity commodity charges on monthly invoices but also potentially reduce distribution and transmission charges for that facility. State and federal grants subsidize up to 50% of the capital cost for solar installations. Solar facilities can be built for an estimated $5 to $7 per kilowatt hour (after subsidy) and are guaranteed for up to 25 year?. Depending on the design of the facility and cost of electricity the payback period should be between five and ten years. Finally, solar and other forms of renewable energy sources do not have the same negative impacts to air quality. Even "cleaner" natural gas power plants such as the proposed Otay Mesa facility are required to make offset credit investments for air pollution that cannot be mitigated at the plant. Additionally, more power plant capacity fueled by natural gas will increase the pressure on the limited natural gas delivery infrastructure and may contribute to the potential use of oil fuel at the Southbay and Carlsbad power plants. A fuel that was eliminated in favor of natural gas to reduce air emissions. The 'peaker" plants recommend by Congressman Hunter are described as duel fuel facilities and could under economic or supply pressures run partially or completely on fuel oil. PAGE 9, ITEM NO.: MEETING DATE: 09/26/00 Green Building or Smart Facilities: City facilities and private strudures can be designed and built to reduce the amount of energy they require to operate. Structural orientation, shading, materials, color, placement of light panels and windows, the location of hard wall offices and a number of other design choices can contribute to how efficiently natural light, heat and shade reduce the amount of power needed to use and operate strudures. Operational procedures such as work schedules and managing equipment use can contribute to how efficiently energy is used. Policies such as the selection of sub-contradors with energy efficiency design and installation certification, the purchase of green star rated produds and managing the use of personal energy devices such as refrigerators, space heaters and other major energy consumers can also reduce the amount of energy needs designed into a facility or consumed by its occupants. The same structures can be designed to more efficiently use the power they do consume. Energy efficient heating, ventilation and air conditioning systems, lighting design and operational flexibility, insulation, windows, and other equipment or material choices can,dramatically affed how much energy the operation of a facility requires. Load management devices as simple as day/night sensors and as sophisticated as timing or phasing devices can manage usage to reduce "peak" demand. There are minimum energy efficiency standards that apply to all new California structures, and certifications for higher levels of efficient design. The local utility and the San Diego Energy Office provide design assistance and energy efficiency certification for new building designs and energy efficiency audits for existing facilities. They have also sponsored energy design workshops for operational staff and architects. The City has retrofitted a number of City facilities with energy saving lamps and motion and daylight sensors. The City converted red traffic signals to Iow energy LED lighting and has made a number of energy star equipment purchases including some computers, monitors and copiers. The City Manager has direded staff to turn off computers and monitors at the end of the workday and turn off any unnecessary lighting whenever possible. The City is also reviewing its workstation space allocation and facility master plan with energy efficiency as one of several environmental work place considerations. The City is assisting small businesses and residents by funding and distributing compact fluorescents and other energy saving retrofits. The City is also pursuing support and funding to expedite the potential move to improved meter technology used by residents and businesses. Main Street Peak Load Po~L. Plant Staff evaluated opportunities associated with the proposed plant and determined that acquisition of the plant or purchasing the power generated by the plant will not provide the type of cost/benefit relief sought by the community. Peak Load facilities are inefficient in that they are designed to meet very short periodic overflow demand. A Peak Load facility cannot generate large volumes of energy cost effedively enough to cover on-going maintenance and operations costs. Additionally, under PAGE 10, ITEM NO.: MEETING OATE: 09/26/00 the current licensing arrangement, the applicant will be limited in its' ability to sell electricity directly to the City or other end users. More specific aspects of the projed and the rationale for not pursuing acquisition of the plant or the power generated is included in the projed report on the Agency Agenda (item #5). ADDITIONAL INFORMATION I. Legislative Actions ~State Actions Three bills went to the Governor's desk in the waning hours of the Legislative session. Subsequently, the Governor signed AB 265 and AB 970 but has not as of yet signed AB 1156. AB 265 (Davis/AIpel~ caps the cost of electricity for residential and small commercial customers, as well a s street lighting districts, of San Diego Gas & Electric Co. at 6.5 cents per kilowatt hour. The cap will stay in effed until 12/31/02 and may be extended until 12/31/03 at the Public Utilities Commission's (PUC) discretion. The cap is retroactive to 6/1/00. This is expeded to reduce the monthly electric bill for the "average household" to $68. AB 970 (Ducheny) expedites the permitting process for building power plants by reducing the amount of time given to public agencies to review applications. Where the California Energy Commission (CEC) had one year to site a proposed thermal power plant, it must now complete its review in 6 months. Local, regional and state agencies will be required to provide comments within 100 days of the applicants' filing. The CEC will be required to establish a four month siting process for simple-cycle power plants that meet certain criteria. AB 1156 (Ducheny) creates a $150 million fund to cover - or at least reduce - the impact of the balance account at the end of the rate cap in 2002 or 2003. The State Department of Finance would have to approve the actual payment of funds. The Governor is expected to veto this proposal. Federal Actions There has also been activity on o Federal level. Senator Dianne Feinstein and Congressman Bob Fiber have both spoken with President Clinton about the situation here in San Diego County and have asked him to intervene with the Federal Energy Regulatory Commission (FERC) in order to investigate activities on the eledric wholesale market. By deregulating the California energy market, the State effectively exposed California energy purchasers to the federally regulated wholesale electricity market. The FERC is charged, with the responsibility of assuring that wholesale eledricity prices are "fair and reasonable." The California Public Utilities Commission (CPUC) still has the authority to regulate retail pricing. PAGE 11, ITEM NO.: MEETING DATE: 09/26/00 There is concern a systemic problem exists that is allowing wholesale sellers to charge inordinately high prices for their produd. FERC hearings were held in San Diego during the week of September 11 where all of the relevant issues were discussed, including wholesale market competition, examination of Isa and PX energy transmission restraints, and short-term relief to consumers. FERC did not take any definitive adion citing that they could do nothing until the investigation is concluded in November. FERC took the position that any decisions before the investigation was completed could prove costly and difficult to undo. Finally, Congressman Fiber is also calling for the creation of public utilities distrids among cities to develop independence of the existing power structure, and has indicated an interest in placing the issue before the voters as early as this November. Congressman Hunter has called for the installation of multiple gas generators at Miramar Marine Corps Air Station to provide additional power to the region. 2. Information Clearinghouse An important function the City should serve to the community is that of an information clearinghouse. City staff has gathered and will make available to Chub Vista businesses and residents information about programs and opportunities for improved energy purchases, usage and conservation. It is expected a substantial amount of public education and information can be disseminated through' the Special Operations/Conservation and Planning Departmenfs energy star program. In addition to the information below, staff has prepared an information fact sheet identifying various websites with helpful information regarding legislation, energy resources, and energy efficient products (copy attached). 1) United Way Information Line This agency will qualify consumer need and direct them to the appropriate agency providing relief. The number for the Greater San Diego and South Bay is (619) 230-0997 2) CARE - California Rate for Energy Reduced rate program for customers with limited income 3) Medical Baseline For customers who need to operate equipment for medical reasons 4) Third Party Notification Offers notification to a 3r~ party of any past due notices mailed/delivered by SDG&E 5) Levelized Payment Pb iLPP) LPP allows a customer to smooth out their energy bills over a 12-month period 6) E-ChoiceNet The leading online exchange for retail energy buyers and sellers @ www.energycustomer.com PAGE 12, ITEM NO.: MEETING DATE: 09/26/00 7) California Energy Commission Renewable Energy Buydown Program The California Energy Commission is offering cash rebates on eligible renewable energy electric generating systems. YOU can get a rebate of up to $3,000 per kilowatt, or 50 percent off your system purchase price (whichever is less), making if more affordable fo generate your own eledricity using renewable energy. Call 1-800-555-7794 for more information. 8) Savings By Design - Central Plant Options {or Energy Efficiency High-performance central plants also can help design teams and prated owners qualify for Savings by Design incentives of up to $50,000 per building for design teams and $250,000 per building for prated owners - the better the performance, the higher the incentives. Consultants As indicated in the recommendation, staff plans to enter into three consultant contracts (market/economic services, legal, financial) to assist staff in exploring the various strategies discussed above. Staff sought out industry expert assistance and feel confident that the following team will be more than well qualified to assist staff and Council in this endeavor. At this point, specific scopes of work have not been finalized, but staff will ensure that their scope will be limited to investigation options only, and any additional work will not be authorized without Council approval. 1. Electric Market/Economic Consultant Services: Dr. Robert Weisenmiller, MRW & Associates MRW is an internationally recognized consultant firm specializing in electric power and fuel markets,. They assist their clients by assessing market opportunities, developing business strategies, and addressing regulatory issues. MRW maintains a singular focus on the energy industry and therefore has unique industry expertise that will be of tremendous benefit to the City. Dr. Weisenmiller, a principal in the firm, is the former Director of California Energy Commission Policy Program Evaluation and is a nationally recognized expert on economic theory and practice of utility regulation. 2. Legal Services: Don Hunt and Fred Yanney, Fulbright and Jaworski Fulbright & Jaworski L.L.P. is a large international firm and is equipped to handle a wide range of legal issues for clients. Fulbright's Los Angeles office has a strong and diverse law pradice that assists municipalities and other public agencies in addressing a broad range of legal issues in subjed matter areas such as eledric and water utilities, public finance, real estate, tax, and litigation. Eulbright & Jaworksi has worked with or is currently working with numerous cities in southern California regarding electric utility matters, including the Cities of San Marcos, Anaheim, Burbank, Pasadena, Glendale and Los Angeles. Don Hunt has extensive experience in Public Finance and a wide range of large scale Capital Projects. Fred Yanney has 23 years of practicing experience in the public power and eledric utility business. PAGE 13, ITEM NO.: MEETING DATE: 09/26/00 3. Financial Services: 5uzanne Harrell, Harrell and Company Advisors Suzanne Harrell, formerly of Rod Gunn Associates, developed the Agency's recent financial plan and was the archited behind the Agenq/s "A" bond rating which is extremely rare for redevelopment agencies. Suzanne is uniquely aware of the Agency's financial condition, the financial issues associated with the Duke Power Plant, and an exped in redevelopment finance FISCAL IMPACT The requested Council/Agency adion to appropriate funds and direct staff to evaluate the options will result in the City Manager engaging in preliminary legal, financial, and industry economic consultants up to the maximum City Manager authority of $50,000 for each consultant. Since the specific scopes of work have not been finalized, staff does not have estimates. However, as previously stated, their scopes will be limited to investigating options, and doing further work will not be authorized without Council approval. ATTACHMENTS 1) Energy Assistance Web Sites H:\HOME\COMMDEV~$TAFF.REP\09-26-00\ENERGY REPORT ~ 1 .doc ENERGY ASSISTANCE WEB SITES Internet Resources for Chula Vista Businesses STATE AND FEDERAL LEGISLATIVE INFORMATION Federal Energy Regulatory Commission .......................................................................................................................... http://www.ferc.fe&us Information on current and past legislation, policies and ~ulin~s Committee on Energy and Natural Resources ............................................................................ http:l/www.senate.gov/comm/energylgeneral Provides live broadcasts of hearings, legislative updates and energy resources California Public Utilities Commission .................................................................................................................................... http://cpuc.ca.gov Consumer information and transc#pts from recent public headngs GENERAL ENERGY RESOURCE INFORMATION U.S. Department of Energy ........................................................................................................................................... http://www.eren.doe.gov A comprehensive resource for DOE's energy efficiency and renewable energy information plus access to more than 600 links and 80, 000 documents San Diego Regional Energy Office ............................................................................................................................. http:/k'c, vw. sdenergy.com This site provides eveq, thiog from energy saving tips to renewable energy sources and service providers. It is the most comprehensive webs/to for programs aad services that assist consumer with the current energy cfists NW Builders Ne~vork ............................................................................................................ http:flnwbuildnet,com/nwbn/eren_energytips.html This site provides energy saving ideas for businesses and quick and easy ways to save now The Energy Foundation ........................................................................................................................................................... http://www.ef, org A source for information on sustainable energy ENERGY EFFICIENT PRODUCTS Environmental Protection Agency ....................................................................................................................... http:/Iwww.epa.gov/energystar This website provides information on EnergyStar labeled products for small businesses and the stores that sell them *Note: EnergyStar is the t[ademad( for EPA approved energy efficient products, appliances, equipment, etc. Energy Guide for Smart Energy Choices ............................................................................................................... http://www.energyguide.com Learn about energy efficient products, how fo use energy and save, and green energy suppliers SDG&E Small Business Services .................................................................................................................. http:llwww, sdge.comlsbs/sbs.htm This site includes the Business Savings Plus Program, online energy audit information, Iow interest financing for energy efficient products and the Express Efficiency Rebate Program Energy Crossroads ............................................................................................................................. http:l/eande.lbl,gov/cbslexroadslbiz,html This site provides a listing of energy efficient products and key links to energy consuitauts, programs, ISP's, etc. American Council for an Energy Efficient Economy ............................................................................... http:llwww,aceee.org/press/office.htm This site allows you to obtain a copy of the new odd/t/on of the Office Equipment Guide that helps consumers save energy and cut electdcify costs CI~Y OF CHU!LA VISTA H:~OMEtCOMMD E~$PIRtTO0_O ltENERG¥ DOC ( ,~rm//L,,dh' I)(rveh)l)r~t'nt I), parhl/(,rlt o C[ly o(Cl,L,I, Vis[a" 270 F,,urth Aw~. ° ( hul,I Vista, RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $150,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND CONTRACTUALLY ENGAGE APPROPRIATE PROFESSIONAL CONSULTANT SERVICES TO EVALUATE CITY OPTIONS TO REDUCE REGIONAL ENERGY SYSTEM RELIABILITY WHEREAS, at the Agency meeting of August 22, 2000, during discussion of the proposed Peak Load Power Generating Plant project in the Southwest Project Area, the Council/Agency continued the item, and directed staff to explore any and all options available to the City that would help address the community's energy cost concerns, including any options presented by the proposed peak load power plant; and WHEREAS, this undertaking requires extensive investigation and analysis of a complex, multi-faceted system including a myriad of issues related not only to power generation and distribution, but also power purchasing strategies, facility permitting, industry supply and demand pressures, emerging "green" technologies, conservation efforts, and extensive legislative activity; and WHEREAS, staff has preliminarily evaluated some potential options the City could take that could potentially provide for both short-term and long-term Citywide needs; and WHEREAS, in performing the preliminary evaluation, staff recommends entering into three consultant contracts consistent with authority granted to the City Manager, to assist staff in exploring various strategies as follows: Electric Market/Economic Consultant Services: Dr. Robert Weisenmiller, MRW & Associates · Legal Services: Don Hunt and Fred Yanney, Fulbright and Jaworski Financial Services: Suzanne Harrell, Harrell and Company Advisors NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby resolve as follows: 1. The City Council of the City of Chula Vista does hereby accept the Staff Report. 2. The City Council of the City of Chula Vista does hereby appropriate $150,000 from the available fund balance of the General Fund to contractually engage the professional consultant services necessary to evalUate City operations to reduce regional energy costs and enhance energy system reliability. 3. The City Council does direct staff to provide a report with a recommended course of action on or before the meeting of December 19, 2000, and contractually engage appropriate financial, legal and industry consultants as deemed necessary by the City Manager up to the maximum authority of $50,000 per consultant. Presented by Approved as to form by Chris Salomone, Director John M. Kaheny of Community Development City Attorney [H:\HOME~commdevlRESO~Energy Appropriation (September 21, 2000 (3: 9PM)J September 18, 2000 MEMO TO: City Clerk ,~~ FROM: Patty Wesp SUBJECT: COUNCIL COMMENTS AGENDA ITEM Councilmember Davis called this morning requesting that the following item be docketed for the next Council meeting: Report - Police Officers Seminar - Sacramento (9/15/00) . 3% at 50 cc: Councilmember Davis