Loading...
HomeMy WebLinkAboutAgenda Packet 2001/01/09 CITY COUNCIL AGENDA January 9, 2001 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'IY OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padilla City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 47 AGENDA January 9, 2001 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, JAMES TOLLEFSON, RECREATION SUPERVISOR II, PARKS AND RECREATION DEPARTMENT · PRESENTATION OF A PORT COMMISSION UPDATE BY DAVID MALCOLM, PORT COMMISSIONER CONSENT CALENDAR (Items 1 through 9) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of December 12, 2000. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT, REQUIRING NNP-TRIMARK SAN MIGUEL, LLC, TO DEPOSIT AN INITIAL $10,000 INTO SAID ACCOUNT PRIOR TO ANNEXATION, AND REQUIRING NNP-TRIMARK SAN MIGUEL, LLC, PRIOR TO APPROVAL OF ANY FiNAL SUBDIVISION MAP FOR THE PROJECT, TO ESTABLISH AND FUND A PERMANENT MECHANISM TO PAY THE CITY FOR FINANCING THE PREPARATION OF 15 ANNUAL FISCAL REVIEWS AND DEFICIT ANALYSES FOR THE SAN MIGUEL RANCH PROJECT, AND FOR ANY FISCAL DEFICITS IDENTIFIED BY THE ANNUAL REVIEWS AND ANALYSES (2rqD READING AND ADOPTION) Council's prior approvals of the San Miguel Ranch project contained conditions to be satisfied prior to completion of the annexation of the project area. Those conditions concern Multiple Species Conservation Program requirements for an annexation agreement to be completed between the City, County, United States Fish and Wildlife Service, California Department of Fish and Game and the project applicant, NNP- Trimark San Miguel, LLC; and the need for the applicant to establish a mechanism satisfactory to the City to ensure mitigation of the project's forecasted annual fiscal deficit as identified in the Public Facilities Financing Plan/Fiscal Impact Analysis. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACT1NG 1N ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH SPA ONE, VILLAGES 1 & 5]), DECLARING THE RESULTS OF A SPECIAL ELECTION IN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH SPA ONE, VILLAGES 1 & 5]) AND DETERMINING THAT SUCH TERRITORY IS ADDED TO AND PART OF SUCH COMMUNITY FACILITIES DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT (CFD) NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITiES DISTRICT (CFD) NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), AND IMPROVEMENT AREA "A" THERETO AND DETERMINING THAT SUCH TERRITORY IS ADDED TO AND PART OF SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA On December 12, 2000, Council held a public hearing regarding the proposed annexations to CFD 97-1 and CFD 97-2, and authorized the submittal of the levy of special taxes to the qualified electors of the territory proposed for annexation. At the public heating, no public testimony was received by Council. On December 19, 2000, the qualified property owners held the election and voted on the annexations into the aforementioned districts. The outcome of the election was that 100% of the qualified voting property owners have agreed to the annexation proceedings and have signed the appropriate ballots. Adoption of the resolutions will consummate the public review process for the annexation of certain parcels into CFD 97-1 and CFD 97-2. (Director of Public Works) Staff recommendation: Council adopt the resolutions. Page 2 - Council Agenda 01/09/01 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $11,500 FROM CAPITAL IMPROVEMENT PROJECT NO. DR136, STORM DRAIN FILTERS, TO CAPITAL IMPROVEMENT PROJECT NO. DR130, STORM DRAIN REPLACEMENT AT HILLTOP DRIVE AND SDG&E EASEMENT On August 11, 1998, Council awarded the contract for storm drain replacement on Hilltop Drive at the SDG&E easement to Shoreline Construction. Construction was completed in late 1998. The total budget for the project was $47,500, and the actual cost of the project was $57,856.14 through November 16, 2000. The transfer of$11,500 from DR136 to DR130 will cover all costs associated with the design, construction and inspection of the project, as well as remaining administrative staff costs pertaining to closing the project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR SIDEWALK REHABILITATION ON MONSERATE AVENUE AND ELM AVENUE IN CHULA VISTA (PROJECT STL-259) TO JIMENEZ, 1NC., DBA MJC CONSTRUCTION, IN THE AMOUNT OF $82,895.27 On November 29, 2000, the Director of Public Works received sealed bids for sidewalk rehabilitation at Monserate Avenue and Elm Avenue (project STL-259). The work to be done consists of the removal and replacement of curbs, gutters, sidewalks, and driveways displaced due to tree roots and settlement and the installation of pedestrian ramps. The project is located on Monserate Avenue between East "L" Street and East Naples Street and on Elm Avenue between "J' Street and Kearney Street. The pedestrian ramps will be installed at the intersections of Inkopah Avenue/Monserate Avenue and Kearney Street/Elm Avenue. The work also includes all labor, material, equipment, transportation, protection and restoration of existing improvements, traffic control, and all appurtenances and other work necessary for completion of the project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO PERRY ELECTRIC, INC. FOR THE INSTALLATION OF STREET LIGHTS ALONG BROADWAY BETWEEN "C" STREET AND "E" STREET IN CHULA VISTA (PROJECT TF288) On November 22, 2000, the Director of Public Works received sealed bids from five electrical contractors for the installation of streetlights along Broadway between "C" Street and "E" Street (project TF288). A low bid of $65,400.00 was received from Perry Electric, Inc. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Page 3 - Council Agenda 01/09/01 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $35,000 FROM THE UNAPPROPRIATED BALANCE OF THE TECHNOLOGY REPLACEMENT FUND FOR REPLACING OUTDATED COMPUTER EQUIPMENT (4/5THS VOTE REQUIRED) During the Fiscal Year 2000/2001 budget process, staff proposed creating a Technology Replacement Fund for the purpose of accumulating funds each year to replace various computer equipment, including microcomputers, printers, and the City's UNIX minicomputer. Having defined the initial replacement schedule and identified a source of funds for an adequate reserve that Council approved at the meeting of 11/14/00, staff is now seeking approval to appropriate a portion of the funds to replace 25 computers this fiscal year. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A TWO-YEAR PURCHASE AGREEMENT TO BAKER & TAYLOR, WITH SIX ONE-YEAR RENEWAL OPTIONS, FOR PURCHASE OF LIBRARY BOOKS AND AUDIO-VISUAL MATERIALS On October 20, 2000 the City's Purchasing Agent issued specifications to select a primary and possibly secondary supplier of library books and audio-visual materials for a contracted two-year period, ending January 2003. Five vendors, representing major book suppliers in the public library and educational marketplace, responded. After evaluating the responses, it is recommended that the bid be awarded to Baker & Taylor and that the City enter into a two-year agreement with that vendor, with six one-year renewal options. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PURCHASE AGREEMENTS WITH OFFICE PAVILION AND CORPORATE EXPRESS TO PROVIDE OFFICE FURNITURE ON AN "AS NEEDED" BASIS FROM JANUARY 1, 2001 THROUGH DECEMBER 31, 2005, WITH AN OPTION TO RENEW THE AGREEMENTS FOR FIVE ADDITIONAL ONE-YEAR PERIODS Specifications for office furniture have been developed and bid on the open market. The intent of the bid process is to standardize City office fumiture requirements and commit to qualified suppliers over an extended period of time for favorable terms and pricing. (Deputy City Manager Powell) Staffrecommendation: Council adopt the resolution. Page 4 - Council Agenda 01/09/01 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. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 10. CITY MANAGER'S REPORTS A. Scheduling of meetings. 11. MAYOR'S REPORTS 12. COUNCIL COMMENTS CLOSED SESSION 13. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 · City Negotiator: City Manager · Employee organizations: International Association o£Firefighters ADJOURNMENT to the Regular Meeting of January 16, 2001, at 6:00 p.m. in the Council Chambers and thence to an Adjourned Regular Meeting on Thursday January 18, 2001 at 4:00 p.m. Page 5 - Council Agenda 01/09/01 ORDiNANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHiNG THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT, REQUIRING NNP-TRIMARK SAN MIGUEL, LLC, TO DEPOSIT AN INITIAL $10,000.00 iNTO SAID ACCOUNT PRIOR TO ANNEXATION, AND REQUIRING NNP-TRIMARK SAN MIGUEL, LLC, PRIOR TO APPROVAL OF ANY FINAL SUBDIVISION MAP FOR THE PRDJECT, TO ESTABLISH AND FUND A PERMANENT MECHANISM. TO PAY THE CITY FOR FINANCING THE PREPARATION OF 15 ANNUAL FISCAL REVIEWS AND DEFICIT ANALYSES FOR THE SAN MIGUEL RANCH PROJECT, AND FOR ANY FISCAL DEFICITS IDENTIFIED BY THE ANNUAL REVIEWS AND ANALYSES WHEREAS, the San Miguel Ranch Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan/Fiscal hnpact Analysis (PFFP/FIA) were approved by the City Council on October 19, 1999, by Resolution No. 19631; and WHEREAS, the PFFP/FIA identified that the San Miguel Ranch Projoct would operate at an annual net fiscal deficit to the City; and WHEREAS, condition no. 22 of Resolution 19631 required the project applicant to establish a mechanism to mitigate that deficit to the City's satisfaction prior to annexation of the project site; and WHEREAS, on February 29, 2000, the City Council approved a Master Tentative Subdivision Map for the San Miguel Ranch project by Resolution No. 2000-068; and WHEREAS, condition nos. 95a. & b. of Resolution No. 2000-068 further specified the applicant's responsibility to establish an account to finance the preparation of annual fiscal reviews and deficit analyses for the project, and to establish a permanent mechanism, prior to approval of the first Final Map within the project, to pay the City for the ongoing preparation of the annual reviews, and for any fiscal deficits identified by the annual reviews; and WHEREAS, on April 3, 2000, the San Diego Local Agency Formation Comtnission (LAFCO) adopted a Resolution (Reft No. RO99-42) approving the San Miguel Ranch Reorganization subject to conditions, one of which reads "Pursuant to conditions regarding a forecasted am~ual fiscal deficit, contained in the SPA and Tentative Map, the property owner will establish and fund a mitigating mechanism to the City's satisfaction"; and 1 WHEREAS, the City, as LAFCO's designated conducting authority, is ready to consider the San Miguel Reorganization and to order the changes of organization pursuant to LAFCO's Resolution; and WHEREAS, in accordance with the City's noted conditions of approval in Resolution Nos. 19631, and LAFCO's noted condition of approval, it is now necessary to establish and fund a mitigating mechanism; and WHEREAS, Exhibit 2 attached hereto is an excerpt from the San Miguel Ranch PFFP/FIA and generally describes the forecasted annual fiscal deficit; and WHEREAS, Exhibit 3 attached hereto identifies potential accounting alternatives for ensuring payment to the City for any fiscal deficits resulting from the project, and which will be used to establish a permanent accounting mechanism prior to approval of the first Final Map within the project; and WHEREAS, the Environmental Review Coordinator has determined, pursuant to Section 15162 of the CEQA Guidelines, that the actions proposed in this ordinance are in substantial conformance with the project analyzed in FSEIR-97-02 which was certified by the City Council on October 19, 1999, and that no further action is necessary. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section 1. Territory to Which Annual Fiscal Review and Deficit Analysis is Applicable. The area to which the San Miguel Ranch annual fiscal analysis funding herein established and which will be established prior to approval of the first Final Map shall be applicable to the project area defined in the SPA Plan and PFFP/FIA adopted by the City Council on October 19, 1999, and reflected on Exhibit I attached hereto. Section 2. Purpose. In accordance with applicable conditions of City Council Resolutions 1963 i, the purpose of this ordinance is to establish and fund a mechanism to mitigate the deficit for the San Miguel Ranch project. Section 3. Establishment and Funding Requirements of the San Miguel Ranch Fiscal Deficit Account, and Authority for Accounting and Expenditures The project applicant, NNP-Trimark San Miguel, LLC, shall, prior to final recordation of the San Miguel Ranch Reorganization, deposit an initial $10,000.00 dollars into an account with the City which is hereby created. The applicant, or their successors and assigns in-interest shall initially and at ali times maintain a minimum balance of $10,000.00 in the Account. 2 Prior to approval of the first Final Map within the project, and subject to the approval of the City, the applicant shall establish and fund a permanent mechanism to satisfy the applicant's responsibility for funding preparation of the 15 annual reviews, and for payment of the project's fiscal deficits identified by those reviews. Such permanent mechanism may include payment of a one time fee, a fee to be paid with each building permit, or other method acceptable to the City. Associated monies shall be placed into the above created Account. The Director of Finance is authorized to periodically make expenditures from the Account for the purposes set forth herein. Expenditures from the Account and any interest earned thereon shall be accounted for separately from other City accounts. Section 4. Requirements for Conducting Annual Fiscal Reviews and Deficit Analyses The Account shall be used for the purpose of accounting 15 annual reviews of the project's fiscal operation deficits, to be conducted by the City or its consultants to evaluate the fiscal impact of the project on the City. These annual reviews shall be similar in nature to those used in the project's adopted PFFP/FIA, using factors deemed relevant by the City manager. The reviews shall contain such information so as to enable the City to ensure that ail City services provided to the project including direct and indirect costs, as well as capital and operating costs, are covered by project revenues and project exactions. The first annual review shall be for fiscal year 2001/2002, and annual reviews shall continue through fiscal year 2015/2016. The reviews shall be completed within 180 days of the end of each fiscal year. Section 5. Requirements for Mitigating Fiscal Deficits Identified by the Annual Reviews The applicant or their successors and assigns in-interest shall be responsible for paying the City for any fiscal deficits identified by the annual reviews through establishment of a permanent funding mechanism. Section 6. Expiration of This Ordinance This ordinance shall be of no further force and effect when the City Council determines that the accounts are no longer needed for the purposes stated herein. Section 7. Effective Date This ordinance shall become effective thirty (30) days after its second reading and adoption. 3 Presented by Approved as to form by Robert A. Leiter John Kaheny Director ofPlalming & Building City Attorney H:\shared\attorney\san-mig\\amended3 fiscal ordinance.doc) 4 Area Subject to Annual Fiscal Reviews ROAD BONITA / SUNNYSIDE SDG&~ MIGUEL SUB-STATION HALE,S BONITA MEADOWS BONITA LONG CANYON < ROLLING HILLS RANCH CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT TRI MARK PACIFIC-SAN MIGUEL LLC PROJECT DESCRIPTION:  ^PpUC^.~ San Miquel Ranch: PROJECT Unincorporated County area adjacent LOCATION: tothenorthedyboundaryofChulaVista. Fiscal Impact Review Ordinance SCALE: FILE NUMSER: An ordinance establishing a Fiscal impact Review Process NORTH No Scale PCM - 96-04 and Fund for the San Miguel Ranch Planned Community. C:\MyFiles\locators~PCMgSO4.cdr '11/29/00 EXHIBIT t Fiscal Analysis , handles the maintenance of city parks and provided park maintenance costs of $8.399 per public park acre. CIC allocated the park cost on a per acre (340 acres citywide and 12.45 required acres for San Miguel Ranch) and recreation costs on a per housing unit basis. Annual park maintenance costs allocated to San Miguel Ranch are estimated at $104.568 at build-out ($8,399 * I2.45). Vista Mother Miguel does not include any park uses. However. park costs of $8,399 X .4 acres ':,,ere applied because of the city's requirement for 3 acres of park per 1,000 population. Therefore, annual park maintenance engineering costs for Vista Mother Miguel are $3,400. Excluding the Women's Club, which is assumed to be self-supporting, costs for recreation services total $46 per housing unit. Using this multiplier, results in costs of $64,600 for the San Miguel Ranch (refer to Table A-I 8) and $2,000 for Vista Mother Miguel (refer to Table B-18). The following table details the cost allocation for Parks and Recreation, 98/99 Budget Cost Allocation Unit/Acre Parks $3,127,684 $8,399 per park acre Administration-Parks 374,260 Administration-Open Space 334.552 Provided by lighting & landscape district Maintenance 2,418,870 General 2,147,445 Marina Park 271,425 Not applicable Recreation $2,502,606 $46 per housing unit Athletics 260,720 $5 per housing unit Aqumics 516,172 $10 per housing unit Senior Citizens 288,839 $5 per housing unit General 1,062,615 $20 per housing unit Administration-Recreation 374.260 $7 per housing unit Net Fiscal Impact Utilizing the previously mentioned methodologies, estimated net fiscal impacts are presented in Tables 61 and 62. As previously mentioned, all values are in 1998 dollars. No annual adjustments to revenues or costs were utilized. The estimated annual flows Of costs and revenues are primarily related to the estimated project absorption. Table 61 presents the results of the fiscal impact associated with the San Miguel Ranch. Fiscal revenues range from $219,500 in the first year of development (2001) to $1,137,300 at build-out (2006). Fiscal expenditures range from $219,100 in year one to $I ,262,400 at build-out. The net fiscal impact from developing the San Miguel Ranch is a positive $400 in year one and becomes a negative $125,100 at project build-out. It should be noted that during some years the net fiscal impact will be mom or less due to infrequently needed street repairs. San Miguel Ranch PublicFacilitiesFinancePlan 4.4.14-18 San Miguel Ranch consists of a typical mixed land-use plan including single family homes, multi-family homes, neighborhood shopping center, parks and school. The homes range from $140.000 for a multi-family unit to $400.000 for a single family home on a large lot. The median housing price and associated estimated household income for San Miguel Ranch are significantly higher than the overall city.. The San Miguel Ranch is expected to generate higher than average per unit property and sales taxes. Other revenues are expected to be at or above city averages. In terms of expenditures, this project is not expected to incur an3' unusual or higher than average costs for city services. The primary' factor responsible for this project's negative fiscal impact is primarily due to the relatively small city share of property taxes under the existing annexation agreement with the County. Because the project is currently located in the County of San Diego and proposed to be annexed into the City of Chula Vista, the city's share of property tax is determined by the City/County Master Tax Agreement, which limits the city's share to 8.6 percent. For properties located within the City of Chula Vista. the average city share of property tax is roughly 14.7 percent. If San Miguel Ranch utilized a 14.7 percent share, the fiscal impact would be positive for all years presented in Table 61. The last year presented based on a 14.7 percent share would be positive $98.200. Table 62 presents the results of the fiscal impact associated with Vista Mother Miguel. FiscaI revenues are $32,700 in year 2002 and remain the same throughout the presented development schedule, due to forecasted one-year absorption schedule. Fiscal expenditures are $34,700 in 2002 and increase to $35,000 at build-out. The increase in expenses is related to the infrequent street repair costs. The net fiscal impact from developing Vista Mother Miguel is a negative $2,000 for all presented years except the year 2006 ($2,300), which includes street maintenance costs. Similar to San Miguel Ranch, the median housing price and associated estimated household income for Vista Mother Miguel are significantly higher than the overall city. Vista Mother Miguel is expected to generate higher than average per unit property and sales taxes, Other revenues are expected to be at or above city averages. In terms of expenditures, this project is not expected to incur any unusual or higher than average costs for city services. This project is also proposed to be annexed into the city, which limits the city's share of property tax to 8.6 percent. For both the San Miguel Ranch project and the Vista Mother Miguel subdivision, the City and the developer will negotiate and establish a fee program to offset the projected fiscal deficits through a condition of approval of the SPA and/or tentative subdivision map. ~ San Migu.el ~anch 4.4.14 - 19 , Public Facilities Finance Plan Fiscal Analysis Table 61 NET FISCAL IMPACT OF THE SAN MIGUEL RANCH ON THE CITY OF CHULA VISTA Revenue Sources Revenues (In Thousands) 2001 2002 2003 2004 2005 2006 Secured Properly Tax $60.4 $131.4 $196.5 $262.3 $314.7 $314.7 Unsecured ProperB,' Tax $0.0 $0.0 $0.0 $0.0 $3.3 $3.3 Property Transfer Tax $5.5 $12.0 $17.9 $24.0 $27.9 $27.9 Sales & Use Tax $87.0 $188.5 $265.6 $352.9 $451.1 $451.1 Franchise Tax $4.7 $10.2 $14.4 $19.1 $30.8 $30.8 TOT Tax $0.7 $1.5 $2.1 $2.7 $4.0 $4.0 Utility Tax $6.4 $13.8 $19.5 $25.9 $4I .7 $41.7 Business License $0.0 $0.0 $0.0 $0.0 $6.3 $6.3 Miscellaneous Revenues $54.8 $118.8 $167.4 $222.4 $257.6 $257.6 TOTAL REVENUES $219.5 $476.1 $683.3 $909.3 $1,137.3 $1,137.3 Expenditure Sources Expenditures (In Thousands) 2001 2002 2003 2004 2005 2006 Government Admin. $39.8 $94.1 $137.2 $185.0 $225.6 $229.3 Planning $3.8 $8.3 $11.7 $15.6 $19.1 $19.1 Police $88.9 $I92.6 $271.5 $360.7 $467.4 $467.2 Fire $36.2 $78.4 $110.5 $146.9 $180.1 $180.1 "~ ' Libra~ $22.2 $48.0 $67.7 $89.9 $103,0 $103.0 Public Works $14.2 $33.5 $48.7 $65.7 $77,6 $94.5 Park and Recreation $13.9 $62.9 $108.0 $154.7 $169.2 $169.2. TOTAL EXPENDITURES $219.1 $518.0 $755.4 $1,018.4 $1,241.7 $1,262.4 2001 2002 2003 2004 2005 2006 TOTAL REVENUES $219.5 $476.1 $683.3 $909.3 $1,137.3 $1,137.3 TOTAL EXPENDITURES $219.1 $518.0 $755.4 $1.018.4 $ 1.241.7 ' $1.262A NET FISCAL IMPACT $0.4 ($41.9) ($72.0) ($109.1) ($104.3) ($125.1) San Miguel Ranch '- Public Facilities Finance Plan 4.4.14 - 20 Table 62 NET FISCAL IMPACT OF VISTA MOTHER MIGUEL ON THE CITY OF CHULA VISTA Revenue Sources Revenues (In Thousands) 2001 2002 2003 2004 2005 2006 Secured Property Tax $0.0 $9,8 $9.8 $9.8 $9.8 $9.8 Unsecured Property Tax $0.0 $0,0 $0.0 $0.0 $0.0 $0.0 Property Transfer Tax $0.0 $0,9 $0.9 $0.9 $0.9 $0.9 Sales & Use Tax $0.0 $12.5 $12.5 $12.5 $12.5 $12.5 Franchise Tax $0.0 $0,7 $0.7 $0.7 $0.7 $0.7 TOT Tax $0.0 $0.1 $0.1 $0.1 $0.1 $0.1 Utility Tax $0.0 $0.9 $0.9 $0.9 $0.9 $0.9 Business License $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 Miscellaneous Revenues $0.0 $7.9 $7.9 $7.9 $7.9 $7.9 TOTAL REVENUES $0.0 $32.7 $32.7 $32.7 $32.7 $32.7 Expenditure Sources Expenditures (In Thousands) 2001 2002 2003 2004 2005 2006 Government Admin. $0.0 $6.3 $6.3 $6.3 $6.3 $6,4 Planning $0.0 $0.6 $0.6 $0.6 $0.6 $0,6 Police $0.0 $12.7 $12.7 $12.7 $12.7 $12.7 Fire $0.0 $5.2 $5.2 $5.2 $5.2 $5,2 ' · Library $0.0 $3.2 $3.2 $3.2 $3.2 $3.2 Public Works $0.0 $1.4 $1.4 $1.4 $1.4 $1.7 Park and Recreation $0.0 $5.4 $5.4 $5.4 $5.4 $5.4 TOTAL EXPENDITURES $0.0 $34.7 $34.7 $34.7 $34.7 $35.0 2001 2002 2003 2004 2005 2006 TOTAL REVENUES $0.0 $32.7 $32.7 $32.7 $32.7 $32.7 TOTAL EXPENDITURES $0.0 $34.7 $34.7 $34.7. $34.7 $35.0 NET FISCAL IMPACT $0.0 ($2.0) ($2.0) ($2.0) ($2.0) ($2.3) San Miguei Ranch 4.4.14 - 21 Public Facilities Finance Plan 01/04/00 TUE 13:59 FAX 619 637 4040 C I C RESEARCH ~ 005 IIII CIC RESEARCH, INC. Economic Research o Marketing Research o Environmental Research ° Survey Research January 4, 2000 Mr. Ed Batchelder City of Chula Vista 3115 Fourth Avenue, Suite R Chula Vista CA 91910 Re: San Miguel Ranch Fiscal Deficit Funding Alternatives Dear Ed: The purpose of this letter is to present potential funding alternatives for the identified San Miguel Ranch fiscal operating deficit. The fiscal analysis presents an estimated annual net fiscal impact over the proposed development period (2001 to 2005) and one year beyond, to account for some public works costs, which do not occur until after 5 years. The fiscal impact was slightly positive in the first year and negative in the 2"d through the 6~ year. At build-out, the estimated annual fiscal impact was a negative $125,000 (current 1999 dollars). At the request of the City of Chula Vista, CIC developed two 'Funding altematives for the forecasted fiscal impact deficit. The included table presents the net fiscal impact for the presented development period and an additional 25 years beyond build-out. Although very unlikely, for the purpose of this analysis, cig assumed the City of Chula Vista's public costs and revenues would adjust at the same rate over the subject period. From 2006 to 2030 the fiscal deficit is assumed to remain at an annual $125,000 (FY 99~00 dollars), cig presented different time periods for which the developer could be responsible for the fiscal deficit. Also presented in the table is the estimated annual number of housing units built and sold. This absorption period was utilized in CIC's fiscal report. The table presents two funding alternatives for 5 different time periods. Although the identified fiscal deficit could continue indefinitely, it is very difficull: to forecast future revenues and expenditures. The presented time periods range from a six year (consistent with the fiscal analysis) period to a 30-year period. The two funding alternatives include a one-time payment and a per-housing unit fee. The per-unit fee is to be paid at the same time as the building permit, based on the presented building schedule. Both methodologies utilize a discounted cash flow analysis (Net Present Value) of the annual deficit. In both altematives a net present value was calculated utilizing a 3 percent 8361 Vickers Street · San Diego. Calt[omia 9211%2112 Telephon~ (619) 637-4000 . Fax: (6,9) 637-4040. ~ ? 01/04/00 TUE 14:00 FAX 619 637 4040 C I C RESEARGH ~004 Proposed San Miguel Development Potential Funding Alternatives for Fiscal Operating Deficit Alternative Alternative Per Building Permit Fee 0 ne-ti me 2001 2002 2003 2004 2005 Time Period Payment (2001 (2002 (2003 (2004 (2005 for Estimates (FY99/O0 dqllars) dollars) dollars) dollars) dollars) dollars) 6 Year 2001 to 2006 $396,623 $293 $302 $311 $320 $330 10 Year 2001 to 2010 $785,905 $581 $598 $616 $635 $654 15 Year 2001 to 2015 $1,212,042 $896 $922 $950 $979 $1,008 25 Year 2001 to 2025 $1,836,993 $1,357 $1,398 $1,440 $1,483 $1,528 30 Year 2001 to 2030 $2,170,239. $1,604 $1,652 $1,701 $1,752 $1,805 1) Assumes 3% inflation and 6% interest (net discount rate of 3%) 2) Assumes the City of Chula Vista's public costs and revenues djust at the same rate over the subject period 3) The one-time payment fee is in FY 99/00 dollars, the per building permit 'fee is presented in 2001 to 2005 dollars. Net Fiscal (O00s) Build-Out Number (FY99/O0 Schedule of Years Year dollars) (units) 1 2001 $0.4 300 2 2002 ($41.9) 350 3 2003 ($72.0) 266 4 2004 ($109.1) 301 5 2005 ($104.3) 177 6 2006 ($125.1) 0 7 2007 ($125~1) 8 2008 ($125.1) 9 2009 ($125.1) 10 2010 ($125.1) 11 2011 ($125.1) 12 2012 ($125:~) 13 2013 ($125.1) 14 2014 ($.125.1) 15 to 30 2015 to 2030 ($125.1) per year Source: ClC Research. Inc. December 1999 01/04/00 TUE 14:00 FAX 619 637 4040 C I C RESEARCH ~003 Mr. Batchelder __ January 4, 2000 Page 2 discount rate, which assumes that the difference between inflation and interest rates is 3%~ per year. The one-time payment-funding alternative ranges from $397,000 (assumes the developer is responsible for a 6-year period) to $2,170,000 (assumes the developer is responsible for a 30-year period). These one-time payments represent the net present values (NPV) of the presented cash flows utilizing the 3% discount rate. The per-unit fee is based on the above net present values divided by the number of units proposed and increased three percent each year to adjust for inflation. This fee ranges from a Iow of $293 (2001 dollars for a 6-year period) to a high of $1,805 (2005 dollars for a 30-year period) per housing unit, based on the presented absorption schedule. Based on discussions with City of Chula Vista's department heads, a pedod to include 10 years beyond the build out represents an equitable time period for which the developer should be responsible for the fiscal deficit. This represents a 15-year period from 2001 to 2015. Utilizing the two presented funding alternatives results in a one time fee of $1.2 million or a per- building permit fee, which ranges from $896 in 2001 to $1,008 by 2005. Sincerely, Mark Crooks Senior Market Analyst MCC:slf The 3% discount rate was calculated using a 3% inflation rate and a 6% return on funds. ClC Research, Inc. 8361 Vicker~ S~met · San Diego, Californie 92111-2112 Telephone (619) 637.4000 · F~: (6'19) 637.4040 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 1/9/01 ITEM TITLE: A. Resolution of the City Council of the City of Chula Vista, California acting as the legislative body of Community Facilities District No. 97-1 (Open Space Maintenance District [Otay Ranch - Spa One, Villages 1 & 5]), declaring the results of a Special Election in territory proposed to be annexed to Community Facilities District No. 97- 1 (Open Space Maintenance District [Otay Ranch - SPA One, Villages 1 & 5]) and determining that such territory is added to and part of such Community Facilities District. B. 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 results of a Special Election in territory proposed to be annexed to Community Facilities District No. 97-2 (Preserve Maintenance District), and Improvement Area "A", thereto and determining that such territory is added to and part of such Community Facilities District No. 97-2 and Improvement Area "A". SUBMITTED BY: Director of Public Works /~ REVIEWED BY: City Managej~) (4/5ths Vote: Yes__ No X ) On December 12, 2000, Council held a public hearing regarding the proposed annexations to CFD 97-1 and CFD 97-2 and authorized the submittal of the levy of special taxes to the qualified electors of the territory proposed for annexation. At the public hearing, no public testimony was received by the City Council. On December 19, 2000, the qualified property owners held the election and voted upon the annexations into the aforementioned districts. The outcome of the election was that 100% of the qualified voting property owners have agreed to the annexation proceedings and have signed the appropriate ballots. Tonight's Council consent items would consummate the public review process for the annexation of certain parcels into CFD No. 97-1 and CFD No. 97-2. RECOMMENDATION: That Council: 1. Approve the resolution acting as the legislative body of Community Facilities District No. 97-1 (Open Space Maintenance District [Otay Ranch - SPA One, Villages 1 & 5]), declaring the results of a Special Election in territory proposed to be annexed to Community Facilities District No. 97-1 (Open Space Maintenance District [Otay Ranch - SPA One, Villages 1 & 5]) and determining that such territory is added to and part of such Community Facilities District. 2. Approve the resolution acting as the legislative body of Community Facilities District No. 97-2 (Preserve Maintenance District), declaring the results of a Special Election in territory proposed to be annexed to Community Facilities District No. 97-2 (Preserve Maintenance District) and Improvement Area "A", thereto and determining that such territory is added to and part of such Community Facilities District and Improvement Area "A". Page 2, Item , ~ Meeting Date: 1/9/01 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In May/June of 1998, the City Council undertook proceedings to form and did form Community Facilities District No.'s 97-1 and 97-2. The purpose of CFD No. 97-1 is to provide a long term funding program for the operation and maintenance of the public landscaping improvements within the Otay Ranch SPA One. The purpose of CFD No. 97-2 is to provide a long-term management program for the Preserve Area's sensitive habitats, cultural and biological resources. On September 5, 2000, the Otay Ranch Company submitted a letter (Exhibit A) requesting the City to conduct annexation proceedings for an area commonly known as Parcel 35A (17.06 acres) into Community Facilities District No. 97-1. In addition, Otay Ranch Company requested annexation proceedings for the three out-parcels within Village One West, the San Diego Waterline easement within Village One West and Village One, as well as Parcel 35A into Community Facilities District No. 97-2. (Refer to Exhibits B and C - Recorded Annexation Maps). On November 7, 2000, Council approved resolutions adopting an annexation map showing the boundaries on the annexed territory and declaring its intent to authorize the proposed annexations. On December 12, 2000, Council held a public hearing regarding the proposed annexations and authorized the submittal of the levy of special taxes to the qualified electors of the territory proposed for annexation. At this public hearing, no public testimony was received by the City Council On December 19, 2000, in the office of the City Clerk, the qualified property owners held an election and voted upon the annexations into the aforementioned districts. The qualified property owners have signed the "consent to waiver" forms for shortening the election timeframe and have filed them with the City Clerk. The Rate and Method has been considered and the property owners are aware of the maximum special tax that will be levied against the annexation territories. The outcome of the election was that 100% of the qualified voting property owners have agreed to the annexation proceedings and have signed the appropriate ballots. These are on file with the City Clerk. The requested annexations will add certain parcels into both CFD No. 97-1 and CFD No. 97-2. The annexation parcels under consideration tonight are remnant pieces of property not controlled by the master builders at the time of the formation of the districts. Since the formation of CFD 97-1 and 97-2, these remnant properties have been purchased and are incorporated into the overall land use planning of the Villages One, Five and One West. Subsequently, The Otay Ranch Company (ORC) has been revising their Tentative Maps for these annexation areas. One such remnant piece is Parcel 35A a long slender piece of property running between McMillin Property and Otay Ranch Company from Otay Lakes Road south to R-28. This property has been mapped by Otay Ranch Company (ORC) to be incorporated into Village Five Phase 2 - Residential Areas R-25, R-26A, R-26B, R-27 and R-28, as well as the dedication of a Page 3, Item .~ Meeting Date: 1/9/01 linear open space/trail segment and a neighborhood park. As of November 1, 2000, Parcel 35A is now owned by the merchant builder - DR Horton. On October 4, 2000 the City received a letter (Exhibit D) from ORC providing additional breakdown by the Residential Areas for the additional units proposed to be constructed within Parcel 35A. Based on the adopted Special Tax Report, the budget and per unit allocations the additional 62 single family units will generate sufficient tax revenues to offset the anticipated maintenance costs related to the annexation of Parcel 35A. As explained in Exhibit D the anticipated revenues from annexation area Parcel 35A is anticipated to be $45,207/year while the estimated maintenance cost for this area is $10,500/year. Parcel 35A merchant developers and future residential homeowners will be subject to the provisions of the adopted Rate and Method of Apportionments prepared for both CFD No.'s 97- 1 and 97-2. (Refer to Exhibits E and F) The application of the Rate and Method of Apportionment will implemented by the "Special Tax Report" prepared for both districts. The three out-parcels within Village One West have been purchased and are incorporated into the revised Tentative Map primarily as residential or multi-family uses with very little open space acreage. The proposed residential units within these annexation parcels will be added to the overall budget for each CFD. Based upon the adopted "Special Tax Report" and the Rate and Method of Apportionment the proposed residential units will provide additional revenues for the operations and maintenance of these districts. The San Diego waterline will only be relocated within Olympic Parkway and Paseo Ranchero and an easement south and parallel to Telegraph Canyon Road. The easement within Village One West will revert back into urban uses such as single family and multi family residential, as well as other minor open space areas. The San Diego waterline relocation south of Olympic Parkway will be determined at a later date in the planning process. Combined with Parcel 35A and the San Diego waterline easement the developers and future residential homeowners will be subject to the provisions of the adopted Rate and Method of Apportionment and the payment of the annual special tax levy prepared for both CFD Nos. 97-1 and 97-2. Staff, the legal counsel, and the special tax consultant have reviewed the proposed methodology, allocation of additional residential units, square footage calculations, and consider these annexations ready for Council approval. Resolutions There are two resolutions on today's consent calendar, which, if adopted, will accomplish the following: The RESOLUTION OF THE CITY COUNCIL OF CITY OF CHULA VISTA acting as the legislative body and declaring the results of a Special Election in territory proposed to be annexed to Community Facilities District No. 97-1 (Open Space Maintenance District [Otay Page 4, Item ,~ Meeting Date: 1/9/01 Ranch - SPA One, Villages 1 & 5]) and determining that such territory is added to and part of such Community Facilities District. The RESOLUTION OF THE CITY COUNCIL OF CITY OF CHULA VISTA acting as the legislative body and declaring the results of a Special Election in territory proposed to be annexed to Community Facilities District No. 97-2 (Preserve Maintenance District) and Improvement Area "A", thereto an determining that such territory is added to and part of such Community Facilities District and Improvement Area "A". Notice The qualified property owners within the annexation areas have been notified of the election and voting procedures that took place on December 19, 2000 in the City Clerk's office. Future Actions There are no further proceedings required for these particular annexations within Community Facilities District Nos. 97-1 & 97-2 to be heard by the City Council. The City staff and the Special tax consultant will record the appropriate documents with the County Recorder's Office and will place the annexation territories onto the next year's tax rolls. Fiscal Impact All costs related to these annexation proceedings for CFD No.'s 97-1 and 97-2 are being borne by the developers and the on-going administration and maintenance will be funded entirely by each district. Exhibits: A. September 5, 2000 - Annexation request letter B. CFD No. 97-1 Recorded Annexation Map C. CFD No. 97-2 Recorded Annexation Map D. October 4, 2000 Parcel 35A: Background letter E. Rate and Method of Apportionment- CFD No. 97-1 F. Rate and Method of Apportionment- CFD No. 97-2 H:\HOME\ENGINEER~AGENDA\CAS roi' CFD 97-1 & 97-2 a (1-9-01 ).doc I/3/0I 10:36:22 AM September 5, 2000 xH~ oT.~¥ a^~c~ co,~e^~¥ Mr. John Lippitt Director of Public Works CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 RE: Parcel 35A Dear John: Parcel 35A is a 17.06oacre parcel located within Otay Ranch Village Five, bem~een the eastern edge of McMillin's Lomas Verdes project and Otay Project L.P.'s Village Five ownership. This property was not included in the boundaries of the CFDs in place ov~ the balance of Village Five. We are currently negotiating to p~trchase this prope~.' a~d develop it in conjunction with the second phase of Village Five. Please initiate the process to annex this parcel into Ci,ty of Chula Vista CFD No. 97-! (Open Space Maintenance), City of Chula Vista CFD No. 97-2 (Preserve Maintenance) and Cit7 of Chula Vista CFD No. 99-1 (Olympic Parkway Capital Improvements). We understand that these actions cannot be completed until we acquire Parcel 35A. However, we would like to have the documents prepared in order to complete this process in a timely mariner. If you have any questions, please don't hesitate to contlct me. Sincerely, THE~OTAY RANCH COMPANY Ranie L. Hunter Vice President cc: Greg Matson, MMS / Ill OTAY RANCH'Ill October 4, 2000 T~ OT^¥ R^~CH COMP^NY Mr. Lombardo DeTrinidad CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 RE: Parcel 35A Annexation to CFD No. 97-1 Dear Lombardo: The following information is provided in response to questions raised at.oar September 28, 2000 meeting regarding the annexation of Parcel 35A into CFD No. 97-1. The following table provides unit/sf information for the lots within Parcel 35A. The unit information is based on the recently approved Village Five} Phase 2A Substantial. Conformity map. The table projects tax revenue based on the 2000o01 maximum tax rate for CFD No. 97-1. Neighborhood Units j Lot Size Avg. SF I Total SF 97-1 R-25 16 70x 110 33501 53,600 t 6,063.92 R-26A 5 60xl 10 31381 15,690 4,702.29 R-26B / 8 55x100 26371 21,096 6,322.47 R-27I 15 50x85 2036 30,540 9,152.84 R-28 18 46x75 1662 29,916 8,965.83 TOTAL 62 I t50,842 $ 45,207.35 The following information reflects approximate cost figures and does not reflect reserves, 18% staff costs, cost increases since 1998 and other incidental costs. This estimate is intended to demonstrate that there will be sufficient tax revenues ($45,207.35) to off-set any additional costs to maintain facilities and landscaping associated with the annexation of Parcel 35A. The following additional expenses will be incurred upon annexation of Parcel 35A: Zone B 1.63 acres of open space slopes Water costs $2,687.87 Maintenance 7,025.00 Subtotal 9,713.17~ Costs are based on the budget prepared during CFD No. 97-1 formation. Page Two October 4, 2000 · Zone A Telegraph Canyon Channel ' 265.742 Telegraph Canyon Basin 490.323 Subtotal $756.06 TOTAL ESTIMATED COSTS $10,469.23 I have also attached a copy of the San Diego County Assessor's Map for parcel number 643-01-010. This map indicates that Parcel 35A does not extend into the Otay Lakes Road right-of-way. If you have any questions or need additional information, please don't hesitate to contact me. It is very important that we meet the schedule discussed at our S?~tember 28th meeting, with Council approval anticipated either December 9th or January 9 . Please let me know if there have been any changes te this schedule. Sincerely, THE 0TAY RAN.~H COMP.ANY Ranie L. Hunter Vice President Attachments cc: Greg Mattson, MMS See attached spread sheet prepared in 1998 during CFD No. 97-1 formation. See attached spread sheet prepared in 1998 during CFI2) no. 97-I formation. Resolution 19106 Pags 5 ') EXHIBIT A RATE AND METHOD OF APPORTIONMENT ANNUAL TAX A Special Tax sh,=ll be levied annually on land within Community Facilities District Ne. 97-1 (Open Space Maintenance District) of the City of Chule Vista (the "Distris¢), and collected according to the Special Tax Liability determined by the City of Chula Vista (the "City') through the application of the following procedures. All of the property within the District, unless otherwise exempted by i,=w or the express provisions of the rate and method of appo~ienment expressed below, shall be taxed to the extent ,=nd in the manner provided below. Alt Parcels within the District are assigned to Special Tax Area A. in addition, certain Parcels are also assigned to Special Tax Area B based upon their location. A map of the Special Tax Areas is included as Exhibit B. The Special Tax which shall be levied upon each Parcel shall be the aooreoa~.e sum of the Special Tax for each Special Tax Are-= within which the Parcel is located. All Special Taxes applic,=ble to Parcels shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, and the Speci,=l Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in c_=se of delinquency as is provided for ad valorem taxes. DEFINITIONS Acre or Acreage means the area of ,= Parcel as shown on the I,=test m,=ps of the Assessor of the County of San Diego, or, if th,= area of such Parcel is not shown on such Assessor's maps, the area ,=s shown on a current recorded subdivision m,=p, parcel map, record of survey or other recorded document creating or describing the Parcel. If the preceding, maps are not available, th,= area shall be determined by the City Engineer. Administrative Expenses means the direct and indirect expenses incurred by th~ City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of'its counsel. An~/fees of the County related to the District or the collection of Special Taxes, an aIIocable share of the salaries of City staff directly related thereto, any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City in undertaking actions to foreclose on properties for which the payment of Special Taxes is delinquent, and all other costs and expenses of the City related to the District. Building Square Foot or Square Footage means the square fo.otage as shown on the Parcel's building permit(s), excluding garages or other structures not used as living space. Resolution 19106 Page 6 City means the City of Chula Vista. Developed Parcel means Taxable Property for which a foundation building permit or other form of building permit has been issued as of March 1 of the preceding Fiscal Year. District means the Open Space Maintenance Distrist- SPA.One (Villages 1 & '5) of the Community Faciiities District No. 9%1 of the City of Chula Vista. Facilities means those improvements defined in Part I1 of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-1 of the City of Chula V~sta. Fiscal Year means the ?eriod starling on July 1 and ending the following June 30. Maximum Special Tax means the maximum special tax that can be levied within CFD No. ,97-i by the City Council in any Fiscal Year for each Parc-s} of Taxabie Property. Non-Residential Uses shall include all Developed Parcels which are not zoned for Residential Uses including commercial, industrial, and community public facility (CPF) uses. Operating Fund means a fund that shall be maintained for each Special Tax Area within the Distrid for any Fiscal Year to pay for the actual costs of maintenansa, repair, and replacement of the Facilities, and the Administrative Expenses. Operating Fund Balance means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. Operating Fund Requirement means for any Fiscal Year an amount for each Special Tax Area equal to the budgeted, costs of the maintenance, repair and replacement of the Facilities Which have been accepted and maintained by the District c~- are reasonably expected to be .accepted and maintained.by the District during the current Fiscal Year plus the budgetc~d Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. Parcel means any San Diego County Assessor's Parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego Resolution 19106 Page 7 r' , · ,-~=-A " ' ' ' been discrete identifying number o:-;' ..,OLInLy ,-..~--~--~OF an~ V4?lC~$ ha~ assigned a the equalized tax roils of the County. Reser,,e Fund means a fund that shall be maintained for each Special Tax Area to provide necessary.cash flow foF operations and maintenance for the first six months of each Fiscal 'Year, woFking capital to cover maintenance and repaiF cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a Feasonable buffer against large VaFiations in annual special tax amounts. Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of the preceding r~scal Y=ar. Reserve Fund Requirement means the required ba,anc, in the Reserve Fund equal.to up to 100% of the Operating Fund Requirement. Residential Uses shall include those residential uses as permitted in the City zpning ordinance. Special To× means the special tax or special taxes actually levied within CFD No. Special Tax Area means one of the two specific areas comprising specific Parce!s as shown in Exhibit B of the Special Tax Report dated July 1, 1998 for Community Facilities District No..97-t of the City of Chub Vista. Special Tax Liability for any Fiscal Year is an amount determined for each Special. %='-I_., ,.-,re-_.~ - sufficient' ' to pay the costs of the District, including: (i) the amount required to be deposited into the Operating Fund to meet the Operating Fund Reouirement. less the Operating Fund Balance, and (ii) the total amount required to be deposited into the Reserve Fund if any, to meet the Reserve Fund Requirement, less the Reserve Fund Balance. Taxable Properl:y is all real property or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to law, pr which are not classified or assigned to the Exempt Category as defined herein. Cateoories of Soecial Taxes Residential Category: 'Fne residential category includes each Developed Parcel within the District which is zoned for Residential Uses by the City ("Residential Category"). Resolution 19106 Page 8 · The M, aximum Special Tax that may be levied within Special Tax Area A far Fiscal Year 1998/99 on each Developed Parcel assigned {o the Residential Category shall be $0.0844 per Building Square Foot. · The Maximum Special Tax that may be levied within Special Tax Area B for the Fiscal Year 1998/1999 on each Developed Parcel assigned to the Residential Category shall be $0.1977 per Building Square Foot. Said Maximum Special Tax Rates shall be increased or decreased each Fiscal .. Year thereafter by a factor which shall be the lesser of the annual percentage change in th_= January to January San Diego Metropolitan Area Ail Urban Consumer Price Index (All Items) or 'the annual percentage change in the estimated Caiffomia Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Non-Residential Category The non-residential categoW includes all Developed Parcels in the District which are not zoned by the City for Residential Uses ("Non-P, esidential Category"). · The Maximum Special Tax that may be levied within Special Tax Area A for the Fiscal Year 1998/99 on each Developed Parcel assigned to the Non- Residential Category shall be $1,143 per Acre (said amount to be levied pro rata for any portion of an Acre). · The Maximum Special Tax that may be levied within Special Tax Area B for the Fiscal Year 1998/99 on each DeveIoped Parcel assigned to the Non- Residential Category shall be $2,538 per Acre (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax rates shall be increased or decreased each Fiscal Year therea~er by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Four[h Quarter Per Capita Personal Income es contained in the Governor's budget published every January. Exempt Category The'exempt category includes each properly owned by, conveyed or irrevocably offered for dedication to a public agency, land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose Resolution 19106 Page 9 set forth in the easement impractical, camm~n areas, private streets and carks. and open space lots ("Exempt Category"). Vacant Land Category The vacant land category includes each Parcel of Taxable Prope,'iy assigned to the Distri~ not subject to a Special Tax under any other categary described above ("Vacant Land Category"). ~a,,.~l within the The Maximum Special Tax which may be levied on each" Vacant Land Category for Fiscal Year 1@98/~§ shall be the rates set forth in Table 1 below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year therea~er by a factor which shall be the lesser of the annual percentage change in the'.January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Qua~er Per Capita Personal Income as contained in the Governor's budget published every January. TABLE 1 Vacant Land Category Maximum Special Tax Rate per Acre Maximum Special Tax Area SDecial Tax Rate ,2..3/Acre Special Tax Area A $1 "' Special Tax Area B $2,870/Acre Assianment to Cateoories of SDecial Taxes On or about July 1 of each year (but in any event in sufficient time to include the levy of the Special Taxes on the County's securdd tax roll) the City shall assign each Parcel within the District to the Residential Category, Non-Residential Category, Exempt Category, or Vacant Land Category, Parcels subject to levy sha?l, be determined based upor~ the .r~cords of the San Diego County Assessor. Levv and'ADDortionment of Special Taxes The City shall determine the Special Tax Liability of each Special Tax Area in each Fiscal Year on or about every July 1 (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll). Special Taxes shall then be levidd on each Parcel assigned to the Residential Category Resolution 19106 Page 10 Non-Residential Category, and Vacant Land Category within each Special Tax Area in the following order of priority: Step 1: Determine the maximum revenue which could be generated in each Special Tax Area by multiplying the total Building Square Footage of all Developed Parcels assigned to the Residential Category in each Special Tax Area by the Maximum Special Tax per Building Square Foot and adding to that the maximum Special 'Fax revenue which could be generated by multiplying the total Acreage of all Developed Parcels assigned to the NomResidenti.al Category in each Special Tax Area by the Maximum 'Special Tax !der Acre. Step 2: If the total Special Tax revenue as calculated in Step 1 for the Special Tax Area is grea. ter than the Special Tax Liability of such Special Tax Area, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the SpeciaI Tax Liability for the Fiscal Year. Step 3: If the total Special Tax revenue as calculated in Step 1 is less than the Special Tax Liability of such Special Tax Aras, a Spec;si Tax shall be levied upon each Parcel assigned to the Vacant Land Category. The .- Special Tax for the Vacant Land Category shall be calculated as the lessor of! (i) The Special Tax Liability for each Special Tax Area, less the total of funds generated for all Parcels within that Special Tax Area under Step 1 above, divided by the total Acres for all Parcels assigned to the "Vacant Land Category" within that Special Tax Area. OR, (ii) the Maximum Special Tax rate for Parcels within that Special Tax Area... However, in the event it is .determined that the Special Tax Liability. for Special Tax Area A includes delinquent Special Taxes from Parcels in the Vacant Land Category from the prior Fiscal Year, the City. shall determine the amount of such delinquent Special Taxes that aros~ from such Parcels and identify tide owner(s). The amount'of delinquent Special Taxes, if any, that arose from each owner shall first be divided by the total Acres owned by such owner(s), and collected from the respective owner with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from Parcels in Resolution 19106 Page 11 the Vacant Land Category according to the procedure ~-' ' "' '" '-'~ preceding paragraph. Step 4: The total Special Tax for each Parcel shall be the sum of the Special Taxes for each Special Tax Area in which a Parcel is located. Resolution 19106 Page 12 ' ' Resoiution 19106 Page 5 EXHIBIT A RATE AND METHOD OF APPORTIONMENT ANNUAL TAX A Special Tax shall be ievied annually on land within Community Facilities District No. 97-1 (Open Space Maintenance District) of the City .of Chula Vista (the "District"), and callected according to the Special Tax Liability determined by the City of Chula Vista (the "City") through the application of the following procedures. All of the property within the District, unless othe,wcise exempted Dy law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner prpvided below. All Parceis within the Distrid are assigned to Special Tax Area A. tn addition, certain Parcels are also assigned to Special Tax Area B based upon their location. A map of the Special Tax Areas is included as Exhibit ~. The Special Tax which shall ba levied upon each Parcel shall be the aggrega:,e sum of the Special Tax for each Special Tax Area within which the Parcel is located. All Special Taxes applicable to Parcels shall be collected in the same manner and at the same time as ~rdinary sd valorem prope;:), taxes, and the Special Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. DEFINITIONS Acre or Acreage means the area of a Parcel as shown on the latest maps of the Assessor of the County of San Diego, or, if the area of such Parcel is not shown on such Assessor's maps, the area as shown on a current recorded subdivision map, parcel map, record of survey or other recorded document creating or describing the Parcel. If the preceding maps are not available, the area shall be determined by the City Engineer. Administrative Expenses means the direct and indirect expenses incurred by the Oity in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of'its counsel. An~, fees of the County. related (o the District or the collection of Special Taxes, an allocable share of the salaries of City staff directly related thereto, any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City in undertaking actions to foreclose on properties for which the payment of Special Taxes is delinquent, and all other costs and expenses of the City related to the District. Building Square Foot or Square Footage means the square fo.otage as shown on the Parcel's building permit(s), excluding garages or other structures not used as living space. Resolution 19106 Page $ City means the City of Chute Vista. Developed Parcel means Taxable Property for which a foundation building permit or other form of building permit has been issued as of March 1 of the preceding Fiscal Year. District means the Open Space Maintenance District - SPA.One (Villages 1&'5) Df the Community Facilities District No. 97-1 of the City of Chula Vista. Facilities means those improvements defined in Part II of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-1 of the City of Chula Vista. Fiscal Year means the ,,period starting on July 1 and ending the following June 30. Maximum Special Tax means the maximum special tax that can be levied within CFD No..~7-i by the City Counsil in any Fiscal Year for each Parcel of Taxabie PropeL),. . Non-Residential Uses shall include ali Developed, Parcels which _r== - not zoned for Residential Uses including commercial, industrial, and community public facility (CPF) uses. Operating Fund means a fund that shall be maintained for each Special Tax Area within the District for any Fiscal Year to pay for the actual costs of maintenance, repair, and replacement of the Faci',ities, and the Administrative Expenses. Operating Fund Balance means the amount of funds in the Operating Fund at the end of the preceding F~s~.al Y~ar. Operating Fund Requirement means for any Fiscal Year an amount for each Special Tax Area equal to the budgeted, costs of the mainter}a0ce, repair and replacement of the Facilities Which have been accepted a~d maintained by the District o¢ are reasonably expected to be .accepted and maintained.by the District during the current Fiscal Year plus the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. Parcel means any San Diego County Assessor's parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego Resolution 19106 Page 7 : -") County Assessor and which ha~ been assigned a discrete identifying number on' the equalized tax rolls of the County. Reserve Fund means a fund that shall be maintained for each Special Tax Area to provide necessary c~sh flow for operations and maintenance for the.first six months of each Fiscal Year, working capital to cover maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special T~xes .and a reasonable buffer against large variations in annual special tax amounts. Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. Reserve Fund Requirement means the required balance in the Reserve Fund equal,to up to 100% of the Operating Fund Requirement. Residential Uses shall include those residential uses as permitted in the City zoning ordinance. Special Tax means the special tax or special taxes actually levied within CFD No. 97-1. Special Tax Area means one of the two specific areas comprising specific Parcels as shown in Exhibit B of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-1 of the City of Chute Vista. Special Tax Liability for any Fiscal Year is an amount determined for each Special Tax Area sufficient to pay the costs of the District, including: (il the amount required to be deposited into the Operating Fund to meet the Operating Fund Requirement, less the Operating Fund Balance, and (ii) the total amount required to be deposited into the Reserve Fund if any, to meet the Reserve Fund Requirement, less the Reserve Fund Balance. Taxable Property is all real property or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to law, or which are not classified or assigned to the Exempt Category as defined herein. Categories of Soecial Taxes Residential Category: -Fne residential category includes each Developed Parcel within the District which is zoned for Residential Uses by the City ("Residential Category"). Resolution 19106 Page 8 · The Maximum Special Tax that may be levied within Special Tax Area A for Fiscal Year 1998199 on each Developed Parcel assigned to the Residential Category shall be $0.08.'/'4. per Building Square Foot. · The Maximum Special Tax that may be ievi~d within Special Tax Area B for the Fiscal Year 1998/1999 on each Developed Parcel assigned to the Residential Category shah be $0.1977 per Building Square Foot. Said Maximum Special Tax Rates shall be increased or decreased each Fiscal · Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated Caiifornia Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Non-Residential Category The non-residential category includes all Developed Parce!s in the District whi:h are not zoned by the City for Residential Uses ("Non-Residential Category"). · The Maximum Special Tax that may be levied within Special Tax Area A for the Fiscal Year 1998199 on each Developed Parcel assigned to the Non- Residential Category shall be $1,143 per Acre (said amount to be levied pro rata for any portion of an Acre). · The Maximum Special Tax that may ba levied within Special Tax Area B for the Fiscal Year 1998/99 on each Developed Parcel assigned to the Non- Residential Category shall be $2,538 per Acre (said amount to be levied pro rata for any portion of an Acre)· Said Maximum Special Tax rates shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Exempt Category The'exempt category includes each property owned by, conveyed or irrevocably offered for dedication to a public agency, land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose Resolution 19106 Page 9 set forth in the ==__s~m..n,= ¢ ' impractical,, ~ommon areas., private streets and parks. and open space lots ("Exempt Category"). Vacant Land Category The vacant land category includes each Parcel of Taxable Property assigned to the Distri~ not subject to a Special Tax under any other category described above ("Vaunt Land Category"). The Maximum Special Tax which may be levied on each Parcel within the Vacant Land Category for Fiscal Year 1998/9B shall be the rates set forth in Table 1 below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year therea~er by a factor which shall be the lesser of the annual percentage change in the'.January to January San Diego Metropolitan Area All UFoan Consumer Price Index (All Items) or the annual percentage change in the estimated Californi~ Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. TABLE 1 Vacant Land Category Maximum Special Tax Rate per Acre Maximum Special Tax Area .Special Tax Rate Special Tax Area A $1,293/Acre Special Tax Area B $2,870/Acre Assionment to Cateoories of Soecial Taxes On or about July 1 of each year (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roil) the City shall assign each Parcel within the District to the Residential Category, Non-Residential Category, Exempt Category, or Vacant Land Category. Parcels subject to levy shall b~ d~t~rm~n~d based upon. th? records of the San Diego County Assessor. Levv and'Aooortionment of Soecial Taxes The City shall determine the Special Tax Liability of each Special Tax Area in each Fiscal Year on or about every July 1 (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll). Special Taxes shall then be leviad on each Parcel assigned to the Residential Category, Resolution 19106 Page 10 Non-Residential Category, and Vacant Land Category within each Special Tax Area in the following order of priority: Step 1: Determine the maximum revenue which could be generated in each Special Tax Area by multiplying the total Building Square Footage of all Developed Parcels assigned to the Residential Category in each Special Tax Area by the Maximum Special Tax'per Building Square Foot and adding to that the maxi~num Special Tax revenue which could be generated by multiplying the total Acreage of all Developed Parce!s assigned to the Non-Residential Category in each Special Tax Area by the Maximum 'Special Tax Fief Acre. Step 2: If the total Special Tax revenue as calculated in Step 1 for the Special Tax Area is grea, ter than the Special Tax Liability of such Special Tax Area, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the FiscaI Year is equaI to the Special Tax Liability for the Fiscal Year. Step 3: tf the total Special Tax revenue as calculated in Step i is less than the Special Tax Liability of such Special Tax Area, a Special Tax shall be levied upon each Parcel assigned to the Vacant Land Category. The Special Tax for the Vacant Land Category shall be calculated as the lessor of!' ([) The Special Tax Liability for each Special Tax Area, less the total of funds generated for all Parcels within that Special Tax Area under Step 1 above, divided by the total Acres for alt Parcels assigned to the "Vacant Land Catego,'7' within that Special Tax Area. OR, (ii) the Maximum Special Tax rate for Parcels within that Special Tax Area... However, in the event it is .determined that 'the Special Tax Liability.for SpeciaI Tax Area A includes delinquent Special Taxes from Pa~:ceis in the Vacant Land Category from the prior Fiscal Year, the Cit~v,.shall determine the amount of such delinquent Special Taxes that arose from such Parcels and identify thio owner(s). The amount'of delinquent Special Taxes, if any, that arose from each owner shall first be divided by the total Acres owned by such owner(s), and collected from the respective owner with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from Parcels in Resolution 19106 Page the Vacant Land Category according to the preceding paragraph. Step 4: 'The total Special Tax for each Parcel shall be the sum of the Special Taxes for each Special Tax Area in which a Parcel is located. Resolution 19106 Page 12 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5]), DECLARING THE RESULTS OF A SPECIAL ELECTION IN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAiNTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & $]) AND DETERMINING THAT SUCH TERRITORY IS ADDED TO AND PART OF SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has previously undertaken proceedings to annex certain property (the "Annexation Area") to Community Facilities District No. 97-1 (Open Space Maintenance District [Otay Ranch - SPA One, Villages 1 & 5]) (the "District") pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the Annexation Area a proposition relating to the levy of special taxes within the Annexation Area; and, WHEREAS, at this time said election has been held and the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors within the Annexation Area, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California and to determine that the Annexed Area is added to and made a part of the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5]), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. SECTION 4. This City Council hereby determines that the Annexed Area is added to and a part of the District. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt John Kaheny Director of Public Works City Attorney H:\SHARED\ENGINEER\RESOS & ATTACH\Res Declar Election Results - CFD 97-i Annex-a.doc EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAiNTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5]) SPECIAL ELECTION in said City, held December 12, 2000. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the territory proposed to be annexed to such District (the "Annexation Area") in such City, and the whole number of votes cast for the Measure in such Annexation Area, and the totals of the respective columns and the totals as shown for the Measure are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: II. VOTES CAST ON PROPOSITION A: YES NO WITNESS my hand and Official Seal this day of ,2000. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA H:\SHARED\ENGINEER\RESOS & ATTACH\Res Declar Election Results - CFD 97-1 Annex a.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "A" THERETO AND DETERMINING THAT SUCH TERRITORY IS ADDED TO AND PART OF SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has previously undertaken proceedings to annex certain property (the "Annexation Area") to Community Facilities District No. 97-2 (Preserve Maintenance District) (the "District") and Improvement Area "A" thereto pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the Annexation Area a proposition relating to the levy of special taxes within the Annexation Area; and, WHEREAS, at this time said election has been held and the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors within the Annexation Area, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California and to determine that the Annexed Area is added to and made a part of the District and Improvement Area "A" thereto. NOW, THEREFORE, 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), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. SECTION 4. This City Council hereby determines that the Annexed Area is added to and a part of the District and Improvement Area "A" thereto. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt John Kaheny V - Director of Public Works City Attorney H:\SHARED\ENGINEER\RESOS & ATTACH\Res Declar Election Results - CFD 97-2 Annex-a.doc EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA "A" SPECIAL ELECTION in said City, held December 12, 2000. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the territory proposed to be annexed to such District and Improvement Area "A" thereto (the "Annexation Area") in such City, and the whole number of votes cast for the Measure in such Annexation Area, and the totals of the respective columns and the totals as shown for the Measure are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: II. VOTES CAST ON PROPOSITION A: YES NO WITNESS my hand and Official Seal this day of ,2000. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA H:\SHARED\ENGINEER\RESOS & ATTACH\Res Declar Electio~ Results - CFD 9%2 Annex a.doc COUNCIL AGENDA STATEMENT Item ~ Meeting Date 1/09/01 ITEM TITLE: Resolution Transferring $11,500 from Capital Improvement Project No. DR136, Storm Drain Filters, to Capital Improvement Project No. DR130; Storm Drain Replacement Hilltop Drive and SDG&E Easement. SUBMITTED BY: Director of Public Works~/~ REVIEWED BY: City Manage~ (4/5ths Vote: Yes X No __) On August 11, 1998 the City Council by Resolution No. 19138 awarded the contract for the Storm Drain Replacement of Hilltop Drive at SDG&E Easement to Shoreline Construction. Construction was completed in late 1998. The total budget for the project was $47,500 and the actual cost of the project was $57,856.14 through November 16, 2000. The transfer of $11,500 from DR136 to DR130 will cover all costs associated with the design, construction and inspection of the project as well as remaining administrative staff costs pertaining to the closing of the project. RECOMMENDATION: That Council approve the resolution transferring $11,500 funds from Capital Improvement Project DR136, Storm Drain Filters to Capital Improvement Project DR130, Storm Drain Replacement of Hilltop Drive and SDG&E Easement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The approved CIP budget for DR130 was $47,500.00. In order to complete the project in a timely manner, it ;vas critical to utilize general fund sources for staff time that have not yet been reimbursed. The complexity of the design, given the presence of nearby utility facilities, resulted in the costs for staff'time exceeding the budget. Staff has located other projects funded by storm drain revenues that can be used to keep the project whole. The actual construction of the project was completed within the engineer's estimate for construction. Staff has reviewed other Storm Drain Fee funded projects and found an available balance in project DR136, Storm Drain Filters, which can have funds transferred from its budget while still allowing it to be completed in a timely fashion within budgetary constraints. Due to factors related to the proposed new NPDES permit process some work pertaining to DR136 will likely be delayed until those NPDES issues are known. While staff is confident that the remaining balance of $47,493.00 in DR136 after the transfer is sufficient to complete the project under current guidelines, it may become necessary, depending on the outcome of the proposed NPDES permit requirements to appropriate additional funds for DR136 in the future with or without this transfer. Page 2, Item __ Meeting Date 1/9/01 FISCAL IMPACT Approval of this item will enable approximately $11,500 in General Fund staff costs to be reimbursed from Storm Drain revenues. H.'lHomelEngineerMdminlDRl3Otransfer. doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TP~ANSFERRING $11,500 FROM CAPITAL IMPROVEMENT PROJECT NO. DR136, STORM DP~AIN FILTERS, TO CAPITAL IMPROVEMENT PROJECT NO. DR130, STORM DRAIN REPLACEMENT HILLTOP DRIVE AND SDG&E EASEMENT WHEREAS, on August 11, 1998, the City Council by Resolution No. 19138 awarded the contract for the Storm Drain Replacement of Hilltop Drive at SDG&E Easement to Shoreline Construction; and WHEREAS, the total budget for the project was $47,500 and the actual cost of the project was $57,856.14 through November 16, 2000; and WHEREAS, staff is endeavoring to close out a substantial number of already completed capital improvement projects and, in the cases where the actual expenses were less than the appropriated funds, reimbursing those funds back to the funding sources and, conversely, in the cases where actual expenses exceeded appropriations, transfer funds from under spent projects to bring those projects into balance; and WHEREAS, the transfer of $11,500 from DR136 to DR130 will cover all costs associated with the design, construction and inspection of the project as well as remaining administrative staff costs pertaining to the closing of the project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby transfer $11,500 from Capital Improvement Project No. DR136, Storm Drain Filters, to Capital Improvement Project No. DR130, Storm Drain Replacement Hilltop Drive and SDG&E easement. Presented by Approved as to form by John P. Lippitt Jo~M. 'Kaheny Director of Public Works C~ Attorney [H:/HOME~ATTORN EY\R ESO\ Transfer CIP Storm Drain (December 21,2000 (3 27pm)] COUNCIL AGENDA STATEMENT Item ~/~ Meeting Date 1/9/01 ITEM TITLE: Resolution Accepting bids, and awarding contract for the "Sidewalk Re~tabilitation, Monserate and Elm Avenue, in the City of Chula Vista, CA (STL-259)" project to Jimenez, Inc. dba MJC Construction in the amount of $82,895.27 /, SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager~ (4/Sths Vote: Yes No X ) At 2:00 p.m. on Wednesday, November 29, 2000, the Director of Public Works received sealed bids for the "Sidewalk Rehabilitation, Monserate and Elm Avenue, in the City of Chula Vista, CA (STL- 259)" project. The work to be done consists of removal and replacement of curbs, gutters, sidewalks, and driveways displaced due to tree roots and settlement, and installation of pedestrian ramps. The work is located on Monserate Avenue between East "L" Street and East Naples Street and on Elm Avenue between "J" Street and Keamey Street in the City of Chula Vista, Callfornia. The pedestrian ramps shall be installed at the intersections of Inkopah Avenue/Monserate Avenue and Keamey Street/Elm Avenue. The work also includes all labor, material, equipment, transportation, protection and restoration of existing improvements, traffic control, and all appurtenances and other work necessary for completion of the project. RECOMMENDATION: That Council accept bids and award the contract for the "Sidewalk Rehabilitation, Monserate and Elm Avenue, in the City of Chula Vista, CA (STL-259)" project to Jimenez, Inc. dba MJC Construction of Chula Vista, California in the amount of $82,895.27. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: General The proposed improvements included with this Capital Improvement Project before City Council today are for maintenance of curbs, gutters, sidewalks, and driveways on Elm Avenue, from "J" Street to Kearney Street, and Monserate Avenue, from East "L" Street to East Naples Street. The work to be done consists of removal and replacement of curbs, gutters, sidewalks, and driveways displaced due to tree roots and settlement, and installation of pedestrian ramps. The pedestrian ramps shall be installed at the intersections of Inkopah Avenue/Monserate Avenue and Page 2, Item Meeting Date 1/9/01 Keamey Street/Elm Avenue. The work also includes all labor, material, equipment, transportation, protection and restoration of existing improvements, traffic control, and all appurtenances and other work necessary for completion of the project. Bidding Process Engineering staff prepared plats and specifications and advertised the project. Staff received and opened bids for the project on November 29, 2000. Bids were received from seven (7) contractors to perform the work as follows (listed in order of base bid amount): Contractor Base Bid Amount Jimenez, Inc. dba MJC Construction $82,895.27 Portillo Concrete, Inc. $86,827.50 Tynaco Company $92,564.50 Star Paving $99,753.00 Heffier Company, Inc. $102,219.00 Koch-Armstrong General Engr. Contracting $106,499.10 Scheidel Contracting and Engineering $127,010.00 The lowest bid, submitted by Jimenez, Inc. dba MJC Construction, is below the engineer's estimate of $102,387.00 by $19,491.73 or 19.0%. All documents required by the bid proposal were submitted by the subject contractor and their bid package was complete. It is staff's opinion that the bid submitted by Jimenez, Inc. dba MJC Construction is responsive. Engineering staff checked three references provided by Jimenez, Inc. dba MJC Construction. The references were verified and their work has been satisfactory. Their Contractor's License No. 754128 is clear and current. Staff, therefore, recommends awarding the contract to Jimenez, Inc. dba MJC Construction of Chula Vista, California in the amount of $82,895.27. Disclosure Statement Attached is a copy of fl~e contractor's Disclosure Statement. Environmental Status The City's Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Page 3, Item Meeting Date 1/9/01 Prevailing Wage Statement This project is funded through Gas Tax funds. Based on the current project funding guidelines, no prevailing wage requirements were necessary as part of the bid documents. Fiscal Impact FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Jimenez, Inc. dba MJC Construction) $82,895.27 B. Contingencies (approximately 35.5%) $29,441.73 C. Staff Costs (Design, Inspection, Administration) $7,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $119,337.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Gas Tax Funds $119,337.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $119,337.00 The above action of awarding the contract will authorize a total expenditure orS 1 ! 9,337.00 from the budgeted CIP project. Contingencies of approximately 35.5% were added to this contract in order to expend all funds available for this project. Additional work will be added to the contract at the discretion of the Department of Public Works - Operations in order to perform as much rehabilitation work as possible with the available funds. After construction, only routine City maintenance will be required. Attachments: Contractor's Disclosure Statement H :\HOME\ENGIN EER~AGEN DA\STL259A 113.get.doc 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 !nformation must be disclosed: 1. List the names 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 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 identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. t4 STL259.DOC /5. Has any person* associated with this contract had any financial dealings with an offici~*~ofthe City of Chula Vista as it relates to this contract within the past 12 months? Yes No ~ 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 ~"_ 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 more than $1,000 oxver~he 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 (12) months? (This~cl~les 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? Print or type name of Contractor/Applicant * Person is defined as: any individual, 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 ora board, commission, or committee of the City, employee, or staffmembers. STL259.DOC RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "SIDEWALK REHABILITATION, MONSEP~ATE AND ELM AVENUE, IN THE CITY OF CHULA VISTA, CA. (STL-259)" PROJECT TO JIMINEZ, INC. DBA MJC CONSTRUCTION IN THE AMOUNT OF $82,895.27 WHEREAS, on November 29, 2000, the Director of Public Works received the following seven sealed bids for "Sidewalk Rehabilitation, Monserate and Elm Avenue, in the City of Chula Vista, Ca. (STL-259)" Contractor Base Bid Amount Jimenez, Inc. dba MJC Construction $82,895.27 Portillo Concrete, Inc. $86,827.50 Tynaco Company $92,564.50 Star Paving $99,753.00 Heftier Company, Inc. $102,219.00 Koch-Armstrong General Engr. Contracting $106,499.10 Scheidel Contracting and Engineering $127,010.00 WHEREAS, the low bid by Jimenez, Inc. dba MJC Construction is below the Engineer's estimate of $102,387.00 by $19,491.73 or approximately 19%; and WHEREAS, Engineering staff checked the references provided by the contractor and all references were verified and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to Jimenez, Inc. dba MJC Construction; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures); and WHEREAS, the source of funding for this project is Gas Tax Funds and contractors bidding this project were not required to 1 pay prevailing wages to persons employed by them for work under this project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award contract for the ~Sidewalk Rehabilitation, Monserate and Elm Avenue, in the City of Chula Vista, California (STL-259)" project to Jimenez, Inc. dba MJC Construction in the amount of $82,895.27. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt J ohn~.~/~~ Director of Public Works City Attorney IH \H OM EtATTORNEY\RESO\ sidewalk monserate (December 21,2000 (3:IOPM)] COUNCIL AGENDA STATEMENT Item ~a* Meeting Date 1/9/01 ITEM TITLE: Resolution Accepting Bids and Awarding Contract to Pemy Electric, Inc. for the "Installation of Street Lights along Broadway between "C" Street and "E" Street in the City of Chula Vista (TF288)" SUBMITTEDBY: DirectorofP~blic~ Wor~~ REVIEWED BY: City Manager'~ (4/5ths Vote: Yes No x ) On November 22, 2000, the Director of Public Works received sealed bids from five electrical contractors for the "Installation of Street Lights along Broadway between "C" Street and "E" Street in the City of Chula Vista (TF288)." A low bid of $65,400.00 was received from Perry Electric, Inc. RECOMMENDATION: That Council approve the resolution accepting bids and awarding contract to Perry Electric, Inc. for the "Installation of Street Lights along Broadway between "C" Street and "E" Street in the City of Chula Vista (TF288)." BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 22, 2000, the Director of Public Works received sealed bids from five electrical contractors for the "Installation of Street Lights along Broadway between "C" Street and "E" Street in the City of Chula Vista (TF288)." The project, which is approved and funded in the City's 2000-01 Capital Improvement Program (CIP), will bring this portion of Broadway up to City standards for street lighting. The work to be done includes the relocation of one existing street light standard, installation of ten new street light standards, luminaries, mast arms, two new meter pedestal cabinets, intersection rewiring, and other miscellaneous equipment necessary to make the system operational. The bids received were as follows: Contractor Amount 1. T&M Electric, Inc. dba Perry Electric - Santee, CA $65,400.00 2. Lekos Electric, Inc. - E1 Cajon, CA $66,850.00 3. Sutherlin Contracting. - E1 Cajon, CA $66,880.00 4. HMS Construction, Inc. Fallbrook, CA $72,533.00 5. Ace Electric - San Diego, CA $84,850.00 Page 2, Item Meeting Date 1/9/01 The low bid of $65,400 for the project was received fi.om Perry Electric, Inc. The low bid was under the engineer's estimate of $69,300 by $3,900 or 5.6%. The low bidder has completed several projects for the City in the past with favorable performance. Perry Electric, Inc. has met all City requirements for award of a contract as set forth in the bid document. The total project cost is $99,000, which includes the $65,400 contract mount, $18,600 for contingencies, and $15,000 in staff costs for design, inspection and contract administration. The approved CIP budget for this project is $99,000. Environmental Status The City's Environmental Review Coordinator has reviewed the work involved in this project and determined that the project is exempt for CEQA both under CEQA Guidelines, Section 15061 (b)(3) and Section 15303, Class 3 (new construction or conversion of small structures). Disclosure Statement A copy of the Contractor's disclosure statement is attached as Exhibit "A". Prevailing Wage Statement The source of funding for this project is the Gas Tax Fund. Contractors bidding this project were not required to bid based on paying prevailing wages to persons employed by them. No special minority or women-owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the "Notice to Contractors" to various minority trade publications. Form of Agreement The contract will be let on the City's standard Public Works Contract form. The final form will be approved by the City Attorney. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $65,400.00 B. Contingencies $18,600.00 C. Design, Inspection & Administration $15,000.00 TOTAL $99,000.00 Page 3, Item Meeting Date 1/9/01 IG FUNDS AVAILABLE FOR CONSTRUCTION as Tax Fund (TF289) $99,000.00 TOTAL $99,000.00 There are only minimal additional annual maintenance and energy costs associated with this project over what are currently being paid. ATTACHMENT: EXHIBIT "A"- CONTRACTORS DISCLOSURE STATEMENT H:\HOME\ENGINEER~AGENDA\TF288.DOC THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters winch will require d~scretiona~ 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 fried. The following information must be disclosed: 1. List the names 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, subccntractor, material supplier. 2. If 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/parmership) entity. 3. 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 tmstor 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 ~ iefly describe the nature of the financial interest the official** may have in this contract? / 6. Have you made a contribution of J~ore than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No %/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 more than $1,003 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 (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** and what was the nature of item provided? Date: ~c'4ez~4~. ,2.,'g ~ r2. oe:>c, ' ' :"'t Print or type name ot' Contractor/Al~plicant * 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, 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. RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO PERRY ELECTRIC, INC. FOR THE "INSTALLATION OF STREET LIGHTS ALONG BROADWAY BETWEEN "C" STREET AND ~E" STREET IN THE CITY OF CHULA VISTA, CA. (TF288)" WHEREAS, on November 22, 2000, the Director of Public Works receive~ the following five sealed bids for "Installation of Street Lights along Broadway between "C" Street and "E" Street, in the City of Chula Vista, Ca. (TF288)": Contractor Amount [. T&M Electric, Inc. dba Perry Electric Santee, CA $65,400.00 ~. Lekos Electric, Inc. - E1 Cajon, CA $66,850.00 ~. Sutherlin Contracting. - E1 Cajon, CA $66,880.00 ~. HMS Construction, Inc. - Fallbrook, CA $72,533.00 5. Ace Electric San Diego, CA $84,850.00 WHEREAS, the low bid of $65,400 for the project was received from Perry Electric, Inc. and is below the Engineer's estimate of $69,300 by $3,900 or approximately 5.6%; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to Perry Electric, Inc.; 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 (b) (3) and Section 15303, Class 3 (new construction or conversion of small structures); and WHEREAS, the source of funding for this project is Gas Tax Funds and contractors bidding this project were not required to pay prevailing wages to persons employed by them for work under this project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award contract for "Installation of Street Lights along Broadway between "C" Street and "E" Street, in the City of Chula Vista, California (TF288)" project to Perry Electric, Inc. in the amount of $65,400. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt J.oh~///~. Kaheny Director of Public Works C~%~ Attorney [H:/HOME~ATTORN EY~RESO/street light bid (December 21,2000 (3:SPM)] COUNCIL AGENDA STATEMENT Item r~ Meetin§ Date 1/09/01 ITEM TITLE: Resolution Appropriating $35,000 £rom the unappropriated balance of the Technology Replacement Fund for replacing outdated computer equipment es~// SUBMITTED BY: Director of Management and Information Servic REVIEWED BY: City Mb. nager ~ (4/5tbs Vote: Yes X No__.) During the FY 2000-01 budget process, staffproposed creating a Technology Replacement Fund for the purpose of accumulating funds each year to replace various computer equipment including microcomputers, printers, and the City's UNIX minicomputer. Staff, having defined the initial replacement schedule and identified a source of`funds for an adequate reserve that Council approved at the Council meeting of ! 1/14/00, is now seeking approval to appropriate a portion of the funds to replace 25 computers this fiscal year. RECOMMENDATION: That Council adopt the resolution appropriating $35,000 from the unappropriated balance of the Technology Replacement Fund. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: During the FY 2000-01 budget process, staff proposed creating a Technology Replacement Fund, similar to the vehicle replacement component of the Fleet Management Fund for the purpose of' accumulating funds each year to replace various computer equipment including microcomputers, printers, mobile date terminals, and the City's UNIX minicomputer at the end of' their respective useful lives. Funds would be accumulated through user charges applied to the departments actually using the equipment. Replacement of computers used throughout the City would be reviewed on a fixed schedule and replaced if deemed necessary from funds accumulated in the Technology Replacement Fund The initial schedule prescribes that microcomputers (including mobile data terminals) and printers would be replaced approximately every four years and the UNIX minicomputer every five years. The City of Chula Vista began to use computers over 25 years ago when it purchased its first mainframe and began processing financial applications such as accounting and payroll. For a long time this type of processing was the mainstay of the computing world and the City expanded its use to include many different applications including land use inventory, police and fire computer aided dispatch and many others. About fifteen years ago, the City began to make use of' personal computers to supplement the processing of data and about nine years ago implemented a local area network to connect most of the departments in the City. In the early years of microcomputers, City staff used their computers for simple word processing and spreadsheet applications. In recent years, the use of'microcomputers has expanded throughout the City not only in the numbers of computers being used, but in the complexity of applications as well. Page_ 2 Item Meeting Date 1/09/01 In addition to the basic applications such as word processing and spreadsheet, powerful computers are needed to run the Police and Fire Computer Aided Dispatch system, building permits, all of the financial applications, G1S and others. Each new release of the software for these applications requires more processing power on the desktop to run efficiently. This fund would be used to ensure that City staffhas computers that are capable of running the necessary software effectively to perform their duties. The current inventory includes the following equipment: Description Number Useful Life Replacement Cost Microcomputers 839 4 years $ 1,400 Microcomputers- File Servers 12 4 years $ 2,000 Mobile Data Terminals 76 4 years $ 8,000 Printers 117 4 years $ 2,000 UNIX Data General Minicomputer 2 5 years $100,000 Miscellaneous Equipment 40 5 years $ 600 At the Council meeting of November 14, 2000, Council approved funding for the first years installment of the technology replacement fund. Staffhas identified a limited number of computers that need to be replaced this year as part of this program and wish to appropriate sufficient funds from the fund to purchase the replacements. Fiscal Impact: Approval of staff's recommendation will appropriate $35,000 in the Technology Replacement Fund fur computer replacement. This action has no impact on the General Fund. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $35,000 FROM THE UNAPPROPRIATED BALANCE OF THE TECHNOLOGY REPLACEMENT FUND FOR REPLACING OUTDATED COMPUTER EQUIPMENT WHEREAS, during the FY 2000-01 budget process, staff proposed creating a Technology Replacement Fund for the purpose of accumulating funds each year to replace various computer equipment including microcomputers, printers, and the City's UNIX minicomputer; and WHEREAS, staff having defined the initial replacement schedule and identified a source of funds for an adequate reserve that Council approved at the Council meeting of 11/14/00, is now seeking approval to appropriate a portion of the funds to replace computers this fiscal year. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula Vista does hereby appropriate $35,000 from the unappropriated balance of the Technology Replacement Fund for replacing outdated computer equipment. Presented by Approved as to form by Louie Vignapiano, Director John~. Kaheny of Management and Information CiE Attorney Services [H:\HOME~ORNEY\RESO~echnology Replacement Fund (December 21,2000 (4:40pm)] Item / Meeting Date 1/09/01 COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution Awarding a two-year purchase agreement to Baker & Taylor, with six one-year renewal options, for purchase of library books and audio-visual materials. SUBMITTED BY: Deputy Ci~ Manager Palmer~ REVIEWED BY: City Manage~ (4/5th vote: Yes NoX ) On October 20, 2000 the City's Purchasing Agent issued specifications to select a primary and possibly secondary supplier of library books and audiovisual materials for a contracted two-year period ending January 2003. Five vendors, representing major book suppliers in the public library and educational marketplace, responded. After evaluating the responses, it is recommended that the bid be awarded to Baker & Taylor and that the City enter into a two-year agreement, with six one-year renewal options, with that vendor. RECOMMENDATION: That Council adopts the resolution awarding a two-year purchase agreement to Baker & Taylor, with six one-year renewal options, for purchase of library books and audiovisual materials. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Book vendors are widely used by American libraries - both public and academic - in order to obtain better discounts, reduce paperwork and provide faster ordering methods. These vendors are able to offer libraries sizable discounts off the retail price. Savings occur because orders can then be sent to one vendor instead of creating individual orders for multiple vendors. Book vendors also provide secure systems for electronic ordering that interface with libraries automated systems, allowing the library to maintain financial records and order records with the minimum of paperwork. During thc fiscal years 2001-2003, the Library anticipates spending approximately $566,000 with the selected vendor. This amount is made up of the funds that are remaining for the current fiscal year, a majority of the materials fund for FY 2001-02 and a proportion of the funds for FY 2002-03, through December 31, 2002. In preparation of the December 31, 2000 expiration of the current vendor contract, which was incidentally with Baker & Taylor, a set of bid specifications was developed, based on examples from other local libraries and the previous bid specifications. These specifications were mailed to major book vendors that serve the public library market. A local advertisement requesting bids was also placed. Five vendors submitted bids, which were formally opened on November 16, 2000. Page 2, Item__ Meeting Date 1/09/01 Two staff members from the Library, John Corbett, Head of Technical Services and Automation Manager, and Stephanle Loney, Head of Collection Development, evaluated the bids with the City's Purchasing Agent, John Coggins. Competitive bids were received from five firms; Baker & Taylor, Book Wholesalers. Inc., Davidson Titles, Inc., Follett Audiovisual Resources, and Ingram Library Services, Inc. After evaluation of the responses, it is recommended that Baker & Taylor be awarded the bid. CRITERIA AND EVALUATION As outlined in the bid specifications, thc responses were evaluated on a number of criteria. The most important ones were: 1. Ability to supply thc categories of books and audiovisual materials listed in thc specifications. 2. Availability of electronic interface with Innovative Interfaces Millennium, the Library's new automation system. 3. Discounts offered 1. Ability to supply the categories of books and audiovisual materials as listed in the bid specifications (See Attachment A, Summary of Responses) Of the five vendors that responded, as shown in Attachment A, Baker & Taylor was the vendor that indicated it could supply most of thc categories of books and audiovisual materials outlined in the bid specifications. Computer software is thc only category of material the company cannot supply. Ingrain, like Baker &Taylor cannot supply all the materials indicated in the bid, being unable to supply computer software as well as music cassettes and music CD's. Davidson Titles was unable to supply bestsellers, paperbacks, computer software and DVD's, and thus did not bid on those items. Book Wholesalers was unable to supply adult trade books, bestsellers, computer software, music and spoken word compact discs, videocassettes, DVD's and music audiocassettes, and thus did not bid on those items. Follett bid on media only and is unable to supply books. Also, thc vendors were asked to specify thc percentage of an order they would expect to fill within the first 30 days. Baker & Taylor has indicated that it expects to bc able to supply 90% of an order within 30 days and this is thc highest expected fill rate of all five vendors. In addition to this, Baker & Taylor has indicated that it carries the largest number of titles in its warehouse (300,000) and stocks the highest number of publishers (66,000). When considering capacity, thc closest competitor to Baker & Taylor appears to be Ingram. However, Ingram has indicated that Page 3, Item__ Meeting Date 1/09/01 its number of publishers and the number of titles is less than the quantities listed by Baker & Taylor. In addition, the percentage of titles out-of-stock at the Ingram facility appears to be much higher than the Baker & Taylor warehouse. 2. Availability of interface with the Innovative Interfaces Millennium System The ability to order materials electronically is important to the library as it reduces paperwork, provides a faster method for ordering and enables book order records to be seen by the public in the library catalog. At the time the bid was drafted, the library was undergoing a transition from the Inlex automated system to Iunovative Interfaces Millennium system. The Millennium system is a recently developed integrated system for libraries and many of its functions are continuing to be developed by Innovative Interfaces. Currently, the library is utilizing the Millennium system with some support functions being provided through the older Innovative Interfaces Innopac system. The Library was unable to predict at the time of writing the bid, when exactly the Millennium Interface would be developed in full, and currently utilizes both the Millennium and Innopac systems in its day-to-day operations. As a result of the Millennium system continuing to be developed, no vendor was able to provide a proven interface. Baker & Taylor is able to provide a method of transmitting order information using e-mail addresses that is not fully integrated into the Millennium system. Baker & Taylor provided references from libraries using the older Innopac system. Ingram currently supports electronic ordering with the Innopac system, also using e-mail. Ingrum provided references from libraries using the older Innopac system. Follett reported it was in the developmental stage of developing an interface and could provide an ordering system using e-mall until then. Book Wholesalers reported an operational interface with Innovative but did not specify if it is the Millennium system. Davidson Titles reported no operational interface but could provide e-mail ordering. It should be noted that Baker & Taylor worked with the library when it migrated to the Millennium system and a method of ordering electronically using Innopac and Millennium is currently in place. We anticipate being able to continue ordering electronically with Baker & Taylor when the Millennium System is fully developed. 3. Discounts Offered (See Attachment B) Vendors were asked for their proposed discount rates as applied to the chief purchase categories, including trade books, reference and technical books, mass market paperbacks, compact discs, audio and video cassettes, DVD's and computer software. As the bid allowed vendors to submit Page 4, Item__ Meeting Date 1/09/01 discount offers based on the vendor being a secondary vendor, Ingram submitted two proposals - one for primary status and one for secondary vendor status. For illustration purposes, the overall highest rote of discount was determined by applying each proposed discount rate to the estimated expenditures for each category, assum'mg that all vendors would offer materials fi.om each category at the same retail purchase price. For example, if a vendor stated it would provide a discount of 40% on a total expenditure of $60,000 for "Juvenile Trade Books", then the City could receive a "savings" of, or discount valued at, $24,000. This savings would then be compared to the discount offered by another vendor, assuming that this vendor would offer materials at the same list price. Based on this analysis for 'all the categories of materials and the discounts offered, the "savings" discounted off the retail purchase price offered by the firms were as follows, as shown in Attachment B: Baker & Taylor $214,678 Ingram (primary vendor) $200,137 Ingram (secondary vendor) $181,435 Follett $17,260 Book Wholesalers $41,575 Davidson $49,800 As previously stated, Follett, Book Wholesalers, and Davidson bid on the fewest categories, which is reflected above in the smaller "savings" offered by these firms. The actual amount of the discount values is dependent on the quantities and types of materials purchased and the actual published list price. SELECTION Based on Baker & Taylor's demonstrated ability to provide satisfactory service to Chula Vista, its ability to provide the widest range of library materials, and the favorable discount rates offered, especially in trade books (the largest dollar value category), this firm is recommended. It has demonstrated an ability to develop interim measures that allow the library to order materials electronically and has provided the highest overall discount. The inability of the other vendors to supply the full range of materials, as outlined in the bid, means that the option to select a secondary vendor is not recommended. The library requests that the option to renew by mutual consent, after 2 years, for 6 additional one-year periods, as recommended by the City's Purchasing Agem, also be approved. FISCAL IMPACT: A total of $184,500 of the Library's materials budget for FY 2000-2001 will be used for book purchases with Baker & Taylor. This does not represent thc library's entire materials budget, as a portion must remain to cover the purchase of materials unable to bc supplied by Baker & Taylor, Page 5, Item__ Meeting Date 1/09/01 such as electronic reference products, Spanish language books, periodicals and specialist reference materials. Based on the assumption of Council approving the same budget for library materials next fiscal year, $210,000 will be available for Baker & Taylor purchases with a remaining $266,299 for other vendors. In FY 2001-2003, until December 31, 2002 when the two-year contract period ends, approximately $171,000 will be available for Baker & Taylor purchases, again with monies remaining for non-Baker & Taylor purchases. The City has the option of extending the contract with Baker & Taylor for six additional one-year periods, at the same discount rate, upon satisfactory performance and mutual consent. H:\shared\libra~\council agenda statement-book vendors RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A TWO-YEAR PURCHASE AGREEMENT TO BAKER & TAYLOR, WITH SIX ONE-YEAR RENEWAL OPTIONS, FOR PURCHASE OF LIBRARY BOOKS AND AUDIO-VISUAL MATERIALS WHEREAS, on October 20, 2000, the City's Purchasing Agent issued specifications to select a primary and possibly secondary supplier of library books and audio-visual materials for a contracted two-year period ending January 2003; and WHEREAS, five vendors, representing major book suppliers in the public library and educational marketplace, responded; and WHEREAS, after evaluating the responses, it is recommended that the bid be awarded to Baker & Taylor and that the City enter into a two-year agreement, with six one-year renewal options, with that vendor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby award a two-year purchase agreement to Baker & Taylor, with six one-year renewal options, for purchase of library books and audio-visual materials. Presented by Approved as to form by David Palmer Johh~'M. Kaheny Deputy City Manager ~.~ y Attorney H:\home~attorney~eso\Library BOOKS Bid COUNCIL AGENDA STATEMENT ITEM ~ MEETING DATE: 1/9/01 ITEM TITLE: Resolution approving purchase agreements with Office Pavilion and Corporate Express to provide office furniture on an "as-needed" basis fi.om January 1, 2001 through December 31, 2005, with an option to renew the agreements for five (5) additional, one (1) year periods. SUBMITTED BY: Deputy City Manager Powell '~ O REVIEWED BY: City Manager ~ (4/5ths Vote: Yes_No X~) Specifications for office furniture have been developed and bid out on the open market. The intent of the bid process is to standardize City office furniture requirements and commit to qualified suppliers over an extended period of time for favorable terms and pricing. RECOMMENDATION: That Council adopt a resolution approving purchase agreements with Office Pavilion and Corporate Express, the overall low responsive and responsible bidders meeting specifications. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: It has been past practice to purchase office furniture as departmental requests are received. Various suppliers are contacted for price quotes and orders placed accordingly. As a result, a variety of suppliers have provided office furniture to the City. Furniture acquired does not always match, product quality differs, and to a lesser extent, service and availability are inconsistent. The current bid is structured after the furniture requirement at the new Public Works Corporation Yard, a $893,000 estimate. Recommended award will come in at approximately 13% under budget. Pending departmental requirements were also taken into account when drafting the bid. The initial five-year term takes into consideration the new Police Facility and Civic Center remodel projects. l~y committing to only two suppliers over a period o£time, continuity will be achieved. Consistency in maintenance and interchangcability of parts will also be realized. Should problems occur, a single point of contact would be responsible for correcting deficiencies. Three sections were delineated - Systems Furniture, Filing/Storage Units, and Seating. Bid specifications were prepared with the assistance of RNL Design, the architectural firm responsible for designing the new Public Works yard. Five acceptable product lines were identified from the major systems furniture manufacturers for Section I. Two options were taken into account; monolithic and frame & tile design. Monolithic panels are considered a "budget" line; whereas, frame & tile systems have enhanced functional (e.g. wire management, acoustics) and aesthetic features. Page 2, Item__ Meeting Date 1/9/01 Sections II, Filing/Storage Units were generically defined based on California State specifications. Neutral Posture, a proven ergonomic line with a good track record of use at the City, was referenced as the acceptable seating line in Section III. Approved fabrics/finishes for all sections were selected to represent the City's approach to providing a visually appealing work environment. In addition, performance criteria and environmental characteristics were considered in fabric/finish selections. A ten-year warranty for the systems furniture and filing/storage units was required to minimize maintenance costs and maximize life expectancy. A five-year warranty was indicated for seating. Products furnished will be warranted against obsolescence for a minimum of twenty years. That is, maintenance, repairs, and parts shall remain available while furniture purchased is in use for at least twenty years. Sixteen (16) prospective bidders were contacted and an advertisement was placed in the local newspaper. Eight (8) bids were received and publicly opened by the Purchasing Agent on November 2, 2000. No local vendors responded because there are no commemial furniture dealers in the City of Chula Vista that meet bid requirements. Copies of all bids received are available for review in the Purchasing Office. A summary of bids received is listed below. Monolithic Frame & Tile File/Storage Seating Vendor (Total Cost IA) (Total Cost IB) (Total Cost Il) (Total Cost IlD Terms Furniture Resources Poway, CA $558,181.37 $696,522.53 $104,113.00 $94,375.08 1%, 16 Days Office Pavilion San Diego, CA $386,533.00 $535,811.00 $99,322.00 $80,495.02 Net 30 Facilities Resource Group, lrvine, CA $613,016.12 $1,003,641.00 $83,577.35 $72,277.28 Net 30 Corporate Express San Diego, CA $409,349.02 $534,341.14 $61,255.00 $75,921.00 Net 30 Corporate Express (Alternate) $130,527.00 Arc Ergonomics San Diego, CA $709,846.01 $762,643.51 $97,041.50 $135,962.88 Net 30 BKM San Diego, CA $665,206.21 $911,542.57 $68,046.65 $142,243.00 ¼%, 10 Days Office Depot SanDiego, CA $906,837.63 $849,511.67 $113,670.05 $138,657.88 Net30 P~.rron Hall San Diego, CA $697,046.14 $758,695.00 Net 30 Note: Award recommendations are highlighted by section. Page 3, Item __ Meeting Date 1/9/01 Recommendation for award is based on cost, ability to meet or exceed quality and performance characteristics of bid requirements, business standing, related experience, past performance, and references. The City's Purchasing Agent, Deputy Director of Public Works Operations, and staff from RNL Design participated in the bid evaluations. Site inspections were made of three systems furniture lines and filing/storage systems installations. Sample chairs were also obtained and field- tested. To complete the product evaluation, proposed fabric swatches and paint chips were examined to ensure quality and aesthetic compliance with bid specifications. Office Pavilion is recommended for award for Herman Miller Systems Furniture and Filing/Storage Units. They are the low bidder for monolithic panels and the second low bidder for frame & tile panels. Herman Miller's Ethospace line (frame & tile option) will be used for the Public Works Corporation project. The Herman Miller filing/storage system (Meridian) is not the lowest bid for its respective section; however, it exceeds specifications in a number of areas. The Herman Miller filing/storage units have a stackable capability, a height adjustable base, higher gauge steel on several components, a smooth or textured finish, and greater storage capacity in some units. Furthermore, there will be a single point of contact when ordering systems furniture and filing, colors will match exactly, and one supplier will handle delivery, installation, maintenance, and reconfigurations. Finally, there will be a higher resell value for surplus filing/storage units, particularly when selling furniture as a lot. Office Pavilion has been selling and installing Herman Miller products since 1968, Ethospace since it was first introduced on the market in 1984. Office Pavilion specializes in office systems sales and distribution. Other local clients include the City of San Diego and the City of Carlsbad. Herman Miller has won Environmental Protection Agency (EPA) awards for success in reducing waste and increasing recycling. In addition, Herman Miller products exceed the minimum ten year warranty specified in the bid by two years. Other products in their line will be offered at favorable discounts throughout the life of this contract. Corporate Express is recommended for award for the seating section. Corporate Express has proposed BodyBilt seating, an alternate to the chair line specified. A number of lower-priced altematives were proposed by other bidders, but did not meet performance and functionality specifications. Several chair lines were tested in an office environment to ensure compliance with strict ergonomic attributes. The Risk Manager's office participated in the seating evaluation and concurs with the recommendation to purchase BodyBilt seating. Corporate Express is the apparent low bidder for the frame & tile system furniture option. They have been the City's office supply distributor for the past four years. They are quite successful at providing office supplies and their level of service has been satisfactory. However, Corporate Express has had only limited experience in providing office furniture to the City. Fumiture purchased has been mostly standalone desks and seating. Page 4, Item __ Meeting Date 1/9/01 Corporate Express does not have staff to handle systems furniture installation, and has proposed to contract out installation to a third party. The intent of thc bid was that in-house staff would handle all design services and installation. In fact, the site visit showcasing their proposed frame & tile product, Allsteel Terrace, was designed and installed by other than Corporate Express staff. Corporate Express has been selling the Allsteel Terrace line for only 2 ½ years and could not show an installation in San Diego County. Furthermore, Corporate Express did not comply with bid specifications for the Systems Furniture section by not submitting an itemized component list for each proposed workstation. Therefore, their bid for frame & tile systems furniture was rejected. The City was able to leverage the large furniture requirement at the new Public Works yard to its advantage by securing favorable pricing, terms, and conditions. Prices not specifically listed in the bid are locked in at a cost not to exceed firm percentages off the prevailing published price list at the time of order. Design and installation labor fees are firm for the first year of the agreement. Subsequent design and labor increases must be justified and may not exceed 5% over prior year prices. Office Pavilion and Corporate Express have proposed altemate fabrics/finishes for each section, which have been accepted by the City. Agreeing to fabrics/finishes within each manufacturer's line lowers cost and shortens lead times. Both Office Pavilion and Corporate Express have also agreed to a Public Agency option, whereby, other public agencies may participate in the bid award. FISCAL IMPACT: There is no direct fiscal impact from approving this resolution in that funds expended will have been approved through the normal budget or appropriation process. There is approximately $893,000 in existing office furniture requirements for the new Public Works yard. Recommendation for award is $783,473, approximately 13% under budget. Additional pending furniture requirements include the Animal Care Facility, the Nature Interpretive Center, Management and Information Services, and several workstations in Public Works Engineering. This contract will also be used to provide furnishings for the new Police Facility and Civic Center remodel projects. Further expenditures are indeterminate at this time. Purchase orders will be issued as authorized departmental requests are received. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PURCHASE AGREEMENTS WITH OFFICE PAVILION AND CORPORATE EXPRESS TO PROVIDE OFFICE FURNITURE ON AN nAS-NEEDED" BASIS FROM JANUARY 1, 2001 THROUGH DECEMBER 31, 2005, WITH AN OPTION TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL, ONE (1) YEAR PERIODS WHEREAS, specifications for office furniture have been developed and bid out on the open market; and WHEREAS, the intent of the bid process is to standardize City office furniture requirements and commit to qualified suppliers over an extended period of time for favorable terms and pricing; and WHEREAS, a summary of the bids received is set forth in Exhibit "A"; and WHEREAS, recommendation for award is based on cost, ability to meet or exceed quality and performance characteristics of bid requirements, business standing, related experience, past performance, and references; and WHEREAS, office Pavilion is recommended for award for Herman Miller Systems Furniture and Filing/Storage Units; and WHEREAS, Corporate Express is recommended for award for the seating section. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve purchase agreements with Office Pavilion and Corporate Express, the overall low responsive and responsible bidders meeting specifications, to provide office furniture on an "as-needed" basis from January 1, 2001 through December 31, 2005, with an option to renew the agreements for five (5) additional, one (1) year periods. Presented by Approved as to form by Robert Powell Deputy City Manager ~ity Attorney [H:/HOME~TTORN EY/R ESO\O~ce Furnitu~ Bid (Januaw 4,2001 (1:42pm)] EXHIBIT "A" Monolithic Frame ,~ Tile File/Storage Seating Vendor (Total Cost IA) (Total Cost IB) (Total Cost II) (Total Cost III) Terms Furniture Resources poway, CA $558;181.37 . $696,522.53 5104,113.00 $94,375.08 1%, 16 Days Office Pavilion San Diego, CA $386,533.00 $535~811.00 $99,322.00 $80,495.02 Net 30 Facilities Resource Group, Irvine, CA $613,016.12 Sl,003,641.00 $83,577.35 $72,2:77.28 Net 30 Corporate Express San Diego, CA $409,34-9.02 S534,34-1.14. $61.255.00 $75,921.00 Net 30 Corporate Express I (Alternate) $130,527.00 Arc Ergonomics San Diego, CA S709,846.01 S762,643.51 S97,041,50 $135,962.88 Net 30 BKM San Diego, CA $665,206.21 5911,542.57 568,046,65 $142,243.00 'A%, 10 Days Office Depot San Diego, CA $906,837.63 $849,511.67 $113,670.05 S138,657.88 Net 30 Pan-on Hall San Diego, CA $697,046.14 $758,695.00 Net 30 Note: Award recommendations are highlighted by section. INFORMATION CI1Y OF MEMO TO: The Honorable Mayor and Councilmembers VIA: David D. Rowlands,~r., City Manager FROM: James B. Hardiman, Fire Chief DATE: January 8, 2001 RE: Fire Personnel who Assisted in Suppressing Viejas Fire Captain Robert McAIlister, Engineer Robert Wright, Firefighter Samuel Schreck, and Firefighter William Bulduc were on 5226 and responded as part of a strike team and were dispatched on January 3, at 0701 hours and returned on January 4 at 1832 hours. This strike team was assigned to structure protection at the Palo Verdes Ranch where the fire originated. Captain Gregory Dum, Engineer Ronald Miranda, and Firefighter Richard Wood were on 5222 and responded as part of a strike team and dispatched on January 3 at 0941 hours and returned January 3 at 2230 hours. They were assigned to cover Lakeside Fire Station #1 due to Lakeside Fire Personnel being dispatched to the Viejas Fire. Captain Richard K. Rieber, Engineer John McLintock, Firefighter Gary Breton, and Firefighter Richard Eagan were on 5264 and responded as part of a strike team and were dispatched on January 3 at 1153 hours and returned on January 4 at 1832 hours. They were assigned to Lawson Valley as a type three-strike team. Captain Ronald Hopkins, Engineer John Bates, Firefighter Richard Brocchini, and Firefighter Thomas Riemer were on 5221 and responded as part of a strike team and dispatched on January 3 at 1610 hours and returned January 4 at 1814 hours. They responded to Lawson Valley Road and Sloane Canyon Road and were met by the rest of the strike team. That night they were assigned to structure protection at 16568 Lawson Valley Road. JH/ah [ah\h:\home\fire\ad min\d ocs\in fornemo-cou ncil\viejas fire] STATE OF CALIFORNIA - RESOURCES AGENCY GRAY DAVIS, Governor STATE HISTORICAL RESOURCES COMMISSION ~ DEPARTMENT OF PARKS AND RECREATION p o EOX942996 RECEIVED SACRAMENTO, CA 94296-0001 (916) 653-6624 (916) 653-9824 FAX JOHN D. HENDERSON, FA,A ~1 []~0 "5 R2:30 ..... Chairperson SUE SCHECHTER ..... ViceCh,ir r,o, CITY OF CHULA V 51. · AU.E.W..R CKER, PhD ITY CLERIC'S QFF CF KATHLEEN GREEN ANTHEA M. HARTIG, PhD WILLIAM R. HILDEBRANDT, PhD MARY L. MANIERY CAROL L. NOVEY DR. KNOX MELLON ..... Executive Secretary December 3, 2001 City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91910-2631 SUBJECT: California Register of Historical Resources Nomination Coronado Belt Line Right-of-Way, Passes through Coronado, National City, Chula Vista, and Imperial Beach, San Diego County The State Historical Resources Commission is scheduled to consider the nomination of the above named resource to the California Register of Historical Resources at its regular meeting on February 1, 2002 at 9:00 a.m., at Davis Community Chamber, Davis City Hall, 23 Russell Boulevard, Davis, California. (This building is accessible to people with disabilities.) At that time the Commission will consider public comments regarding eligibility of the property for the California Register. If you wish to comment on whether the property should be nominated to the California Register, please send your written comments to the Office of Historic Preservation at least two weeks in advance of the soheduled hearing. The California Register of Historical Resources is an authoritative guide to the state's significant historical and archeological resources. Historical resources listed in, or determined to be eligible for listing in, the California Register are afforded certain protections and given consideration under the California Environmental Quality Act (CEQA). Generally, there are no restrictions placed upon a private property owner regarding normal use, maintenance, or sale of a resource listed in the California Register. Additional information is provided on the enclosed Technical Assistance Bulletin #3, "California Register of Historical Resources: Questions and Answers." You may request a copy of the nomination from the Office of Historic Preservation. Address any questions or comments to Cynthia Howse, Office of Historic Preservation, at the above address, or call (916) 653- 9054. Sincerely, Dr. Knox Mellon State Historic Preservation Officer Notice :arking for the February 1,2002 State Historical Resources ,;ommission Meeting at Davis City Hall is available at the Davis Senior Center, 646 A Street, at the corner of 7th and A Streets, with access from 7th Street. California Register of Historical Resources: Questions and Answers The California Register of Historical Resources is an authoritative guide to California's significant historical and archeological resources to be used by state and local agencies, private groups, and citizens in identifying the existing historical resources of the state, and to indicate which resources deserve to be protected, to the extent prudent and feasible, from substantial adverse change. (See Cafifornia Public Resources Code §5024.1) The California Register Program encourages public recognition and protection of resources of architectural, historical, archeological and cultural significance, identifies historical resources for state and local planning purposes, and defines threshold eligibility for state historic preservation grant funding. The State Historical Resources Commission (SHRC) oversees the California Register program, which the State Office of Historic Preservation (OHP) administers. is rapidly being depleted, historic proper-tural significance. Simply, resources must ties are considered premium commodities retain enough of their historic character or in many markets. Owners of designated appearance to be recognizable as historical properties may identify them with a plaque resources and to convey the reasons for their or marker, significance. A resource that has lost its historic character or appearance may still have sufficient integrity for the California What are the Criteria for Listing Historical Register if, under criterion 4, it maintains the Resources in the California Register? potential to yield significant scientific or his- torical information or specific data. Resources eligible for listing include buildings, sites, structures, objects, or historic districts Historic Districts are a concentration of his- that retain historic integrity and are historically toric buildings, structures, objects, or sites significant at the local, state or national level within precise boundaries that share a corn- under one or more of the following four crite- mon historical, cultural or architectural back- ria: ground, individual resources within an his- toric district may lack individual significance 1) It is associated with events that have but be considered a contributor to the signifi- made a significant contribution to the cance of the historic district. broad patterns of local or regional history, or the cultural heritage of '~ - - California or the United States; 2) It is associated with the lives of per- " .... '" sons important to local, California, or national history; "~ 3) It embodies the distinctive characteris- tics of a type, period, region, or method of construction, or represents the workCan a Resource be Removed from the of a master or possesses high artistic Register? values; or 4) It has yielded, or has the potential to The State Historical Resources Commission yield, information important to the may remove an historical resource from the prehistory or history of the local area, California Register if the resource, through California, or the nation, demolition, alteration, or loss of integrity has lost its historic qualities or potential to yield In addition to having significance, resources information; or if new information or analysis must have integrity for the period of signifi- shows that the historical resource was not cance. The period of significance is the date eligible at the time of its listing. or span of time within which significant events transpired, or significant individuals made If you think your property does not meet the their important contributions. Integrity is the criteria for listing and you wish to have your authenticity of a historical resource's physical property removed from the California Regis- identity as evidenced by the survival of char- tar, you may submit a written request for acteristics or historic fabric that existed during removal which provides detailed justification, the resource's period of significance. Alter- including photographic documentation show- ations to a resource or changes in its use over lng the current condition of the historical time may have historical, cultural, or architec~ resource and photographic and/or archival What is Listed in the California Register? What are the Effects of Listing on Property Owners? The California Register includes: The rights and te- e Resources formally determined eligible sponsibilities of for, or listed in, the National Register of owners of historic Historic Places through federal preset- properties are the ration programs administered by the same as those of Office of Historic Preservation includ- owners of non-his- lng toric properties. ~ the National Register program; Listing does not ~ Tax Certification (Evaluation of prevent the use, sale Significance, part 1, 36 CFR Part or transfer of the 67); and property. Because e National Historic Preservation Act land use authority in (Section 106, 16 U.S.C. 4700 California generally belongs to the local reviews of federal undertakings; government, listing does not give either e State Historical Landmarks numbered the state or the federal government any 770 or higher; additional authority over the property. , Points of Historical Interest recom- mended for listing by the State Histori- Local governments may enact zoning cai Resources Commission; regulations that affect privately owned e Resources nominated for listing and historic properties within their jurisdictions. determined eligible in accordance with Contact the planning department of the criteria and procedures adopted by the city or county within which the property is · SHRC, including located for information about local zoning ~ individual historic resources and regulations that may apply to historic historic districts; properties. ~ resources identified as significant in historical resources surveys which meet certain criteria; and What are the Benefits of Designation to e resources and districts designated Property Owners? as city or county landmarks pursu- ant to a city or county ordinance In addition to the honor and recognition of when the designation criteria are owning an historically significant property, consistent with California Register listing on the California Register may criteria, qualify the owner to benefit from historic preservation grants and other preservation programs such as the Mills Act, a local properly tax incentive for historic preserva- tion. The State Historical Building Code can be applied when requirements of the Uniform Building Code threaten the histori- cai integrity of a designated resource. Historic designation often results in in- creased property values. Because the non-renewable stock of historic resources documentation of the exterior appearance andcomprehensive approach to historic pres- condition of the historical resource at the time ervation in local land use policies and of listing, and complete ownership informa- planning. tion. Where Do I Get Additional Information? How Does Listing Protect the Resource? You may address any questions or comments about the California Register Program to staff Under the California Environmental Quality of the Registration Unit, Office of Historic Act (CEQA), projects which are to be Preservation, PO Box 942896, Sacramento, permitted, funded or carried out by public CA 94296-0001; phone: 916 653-6624; agencies that may have an adverse impact email: calshpo@ohp.parks.ca.gov; fax: 916 upon historical resources are subject to 653-9824. environmental review. Projects involving privately owned resources that Pertinent sections of the Public require a discretionary permit or Resources Code and the Cali- review from a public agency are ~r ....... .'"'~ fornia Register of Historical also subject to environmental Resources regulations are review. Resources that are available in Technical Assis- listed, as well as those formally tance Bulletin #10 "California determined eligible for listing, State Law and Historic Preser- are considered significant ration." historical resources for pur- poses of CEQA. ~,...i:'~ ;- Instructions for nominating -- '~ resources to the California By itself, historical designation ~'~:'' : "%'~!.~.~ '..,¢,¢'r Register are available in Tech- or listing in the California Regis- ..,, jl.,,i.;?'%..,~ nical Assistance Bulletin #7 ter does not prevent the alter- "How to Nominate a Resource ation or demolition of an historic resource,to the California Register of Historical Re- However, like flashing signals at a railroadsources." crossing, listing alerts local government officials, property owners, and interested Additional information about CEQA and citizens to "stop, look, and listen" before historical resources is provided in Technical making decisions that may cause irrepa- Assistance Bulletin #1 California Environmen- rable damage to a non-renewable and tal Quality Act (CEQA) and Historical Re- irreplaceable aspect of California's cultural sources. and historical heritage. The best protec- tion for historical resources results from Additional information about programs admin- the active efforts of concerned citizens istered by the California Office of Historic who promote awareness, recognition, and Preservation is available on-line at appreciation of locally significant historicwww.ohp.parks.ca.gov. To request printed resources in a community which provides copies of written materials, contact 916 653- incentives for preservation and adopts a 6624 or calshpo@ohp.parks.ca.gov.