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HomeMy WebLinkAboutAgenda Packet 2001/02/13 CITY COUNCIL AGENDA February 13, 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 February 13, 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 · OATH OF OFFICE: CIVIL SERVICE COMMISSION - FRANK RUFFINO CONSENT CALENDAR (Items 1 through 5) 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. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on February 6, 2001, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter of resignation from Chris Bitterlin, member of the Economic Development Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately in accordance with the Maddy Act. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG BiDS, AWARDiNG A CONTRACT FOR THE CONSTRUCTION OF SiDEWALK RAMPS ON VARIOUS STREETS 1N THE CITY (PROJECT STL-268), AND TRANSFERRING FUNDS TO EARLIER PHASES OF THE PROJECT (STL-250 AND STL-265) On January 3, 2001, the Director of Public Works received sealed bids for the construction of sidewalk ramps on various streets in the City (project STL-268). The work to be done involves the removal of curb, gutter and sidewalk, and the construction of pedestrian ramps on various streets in the City. The work also includes all labor, material, equipment, transportation, protection of existing improvements and traffic control necessary for the project. (Director of Public Works) Staff recommendation: Council adopt the resolution awarding the contract to Jimenez Inc. (M.J.C.) in the amount of $25,250.00 and transferring $5,406.00 to STL-250 and $10,386.00 to STL-265. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CREATION OF A BLUE RIBBON ECONOMIC DEVELOPMENT STRATEGIC PLAN STEERING COMMITTEE AND DIRECTING STAFF TO INVITE DESIGNATED COMMUNITY LEADERS AND DECISION MAKERS TO BE MEMBERS THEREOF On September 26, 2000, Council approved an agreement with Economic Research Associates to assist staff in the preparation of a comprehensive Chula Vista Economic Development Strategy (EDS) and related Economic Development Element of the City's General Plan. The EDS will act as a basic blueprint for short and long-range City development as it relates to ensuring a balanced, fiscally strong community. Critical to the success of the EDS is the process itself; and stakeholder involvement is essential. (Director of Community Development) Staff recommendation: Council adopt the resolution and direct staff to ensure that each category is represented, and, in the event an individual is unable to participate, authorize staff to extend additional invitations to other executive level community leaders as appropriate. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAiNTAINING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES The City has an existing Investment Policy and Guidelines to insure the prudent management of idle cash. State law requires that the Investment Policy and Guidelines be adopted by resolution of the City Council on an annual basis after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity and yield, its relevance to current law, and financial and economic trends. (Deputy City Manager Powell) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAiVING THE COMPETITIVE BID PROCESS AS IMPRACTICAL, AUTHORIZING THE MAYOR TO EXECUTE A SOLE SOURCE CONTRACT WITH LITTON DATA, iNC. FOR POLICE MOBILE DATA COMPUTER REPLACEMENTS, RELATED INSTALLATION, HARDWARE AND SOFTWARE LICENSES AND APPROPRIATING $88,088 FROM THE UNAPPROPRIATED BALANCE OF THE TECHNOLOGY REPLACEMENT FUND (4/5THS VOTE REQUIRED) Page 2 - Council Agenda 02/13/01 The Police Department is in the process of upgrading and standardizing its vehicle fleet of aging Mobile Data Computers (MDC's). Adoption of the resolution will approve a sole source agreement with Litton Data, Inc. for the purchase of MDC's, the installation, hardware, and required software licenses to support radio operations for police, and will appropriate the necessary funding. (Chief of Police) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak on any item, please ~ll out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 6. CONSIDERATION OF APPROVAL OF PCS 01-03, A TENTATIVE SUBDIVISION MAP KNOWN AS TIVOLI VILLAS, CONSISTiNG OF A 7.8-ACRE LOT CONTAiNiNG A TOTAL OF 117 RESIDENTIAL UNITS TO BE SOLD AS CONDOMiNIUMS WITH THE LAND AND PHYSICAL IMPROVEMENTS TO BE HELD 1N COMMON The applicant, D.R. Horton San Diego Holding Co., Inc., has submitted an application £or a Tentative Subdivision Map to subdivide 7.8 acres into a single lot containing 117 condominium units. The purpose o£ the proposed subdivision is to allow the housing units to be sold as individual condominium units. The land will remain under common ownership with exclusive rights to use applicable fenced areas. The Environmental Review Coordinator has determined that environmental review ]?or this project was covered under the previous certified Final Environmental Impact Report 88-01, Sunbow General Development Plan Pre-Zone, and, therefore, no £urther action is necessary. (Director o£Planning and Building) Staffrecommcndation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATiVE SUBDIVISION MAP FOR TIVOLI VILLAS, CHULA VISTA TRACT 01-03, AND MAKING THE NECESSARY FINDINGS ITEMS PULLED FROM THE CONSENT CALENDAR Page 3 - Council Agenda 02/13/01 OTHER BUSINESS 7 CITY MANAGER'S REPORTS A. Scheduling of meetings. 8 MAYOR'S REPORTS A. Ratification of appointment of Ex-Officio member to the Housing Advisory Commission - Greg Alabado. 9. COUNCIL COMMENTS CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. Sanchez - Serrano v. City of Chula Vista (SDSC GIC743890) 11. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case ADJOURNMENT to the Regular Meeting of February 20, 2001, at 6:00 p.m. in the Council Chambers. Page 4 - Council Agenda 02/13/01 CI'IY OF CHUIA VISI'A OFFICE OF THE CITY ATTORNEY Date: February 8, 2001 To: The Honorable Mayor and City Council Kaheny, City Attorney ~ From: John M. Re: Report Regarding Actions Taken in Closed Session for the Meeting of 2/6/01 The City Council of the City of Chula Vista met in Closed Session on 2/6/01 to discuss: · CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C}: Three cases · CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): A. City of Chula Vista v. Barnhart, Inc. (SDSC GIS3859) B. city of Chula Vista v. Marruenda (SDSC GIS3261) · CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.6: City Negotiator: City Manager Employee Organization: International Association of Firefighters The Redevelopment Agency of the City of Chula Vista met in Closed session on 2/6/01 to discuss: · CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: Assessor Parcel Nos. 571-200-13, 14, 15, 36 and Parcel Map 17701 (approximately 2.555 acres located at 760 Broadway Negotiating Redevelopment Agency (Chris Salomone) and George Parties: Ray; Redevelopment Agency (Chris Salomone) and Chris Bitterlin and Tom Carter 276 FOURTH AVENUE ° CHULA VISTA . CALIFORNIA 91910 . (619) 691-5037 ° FAX (619) 409-5823 v,st^ / February 13, 2001 TO: C ouncilmember Jerry Rind one FROM: David D. Rowlands, dr.,(~City Manager SUBJECT: Answers to your Questions for the February 13, 2001 Council Meeting, ~./~,(, ~. Following are responses to your questions. V Item//2 Question: 1. Of the 50 ramps to be built, how many are in south Chula Vista (Montgomery annexation area), and what is the total cost of this portion of the award bid? Answer: 1. There are 18 ramps in the Montgomery annexation area and another 16 ramps adjacent to Montgomery. 18 ramps = $13,880 16 ramps = $11,950 Item #3 Questions: 1. In attachment A, transportation designee Tom Larson should be Tom Larwin. 2. On page 3-5, I would like to suggest Peter Watry to serve on the Citywide Issues Subcommittee. He is a retired economics instructor from Southwestern College. 3. Also I would like to suggest that a representative from the Water Park serve on the Industry-Specific Issues Subcommittee. 4. What is staffs recommendation for Dan Munoz, Editor of La Presna, to serve on the Citywide Issues Subcommittee. Why is staff recommending him? Answers: 1. Sorry for typo. Tom Larson will be changed to Tom Larwin. 2. Staff will invite Peter Watry to participate in the Citywide Subcommittee meetings. To help put this in context: The way it is currently structured, the Steering Committee will hold 3 special workshops as a whole body. They will also form the Answers to Questions for the 2/13/01 Council Meeting February 13, 2001 Page 2 3 subcommittees identified in the report and will divide themselves up to serve on one of the subcommittees (we anticipate that some will assign designees in their stead). The members of the City's EDC have also divided themselves up to sit on one of the 3 subcommittees. In addition to the Steering.Committee members and EDC members, staff anticipates inviting other interested parties -particularly experts on topics that the subcommittees will be reviewing - to participate and provide input. Pursuant to Councilman Rindone's request, Mr. Watry, will be invited as such an expert and his input highly appreciated. 3. Staff is currently recommending that Pat Milkovich of the OTC serve on the Steering Committee representing the Tourism category. The "runner up" so to speak as identified by the BRT and the EDC is Marty Keithley. That means that he is first on the list to be interviewed by ERA under the Tourism category (a total of 30 people will be interviewed). It also means that if Pat were to decline to serve on the Steering Committee he would be the next person in line to be asked. Pursuant to Councilman Rindone's recommendation, staff will invite Mr. Keithley to participate in the Subcommittee meetings as well as being interviewed. 4. As noted in #2 above, the members of the City's EDC have already chosen which of the 3 Subcommittees they would like to participate on. Dan Munoz is currently an Ad Hoc (nonvoting) member of the EDC, appointed by the Mayor, and as such has selected to participate on the Citywide Issues Subcommittee. Item #4 Question: 1. What is staff's assessment in the safety and comparable yield of the County of San Diego Treasurer's Investment Pool? Answer: 1. We currently have no funds invested in the County Treasurer's Investment Pool and consider using it only as an alternative to the State's Local Agency Investment Fund (LAIF) in the instance when that pool is not performing. In response to their problems about 5 years ago, the County appointed an Investment Oversight Committee and completely restructured their investment pool. It is now much more conservatively managed as evidenced by their success in obtaining a favorable rating from Standard & Poors, which in turn has brought their yields down to a level comparable to LAIF. cc: Mayor and Councilmembers John Kaheny Sid Morris George Krempl CHULA VISTA February 13, 2001 TO: The Honorable Mayor and City Council FROM: David D. Rowlands, J~., City Manager SUBJECT: Out of Office Notice Bob Powell and I will be in Monterey attending the League City Manager's Department meeting from Wednesday, February 14th through Saturday, February 17th. I can be reached by cell phone, if necesSary. The Honorable Mayor and City Council February 8, 2001 Page Two Under Negotiation: Price and terms for disposition The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk CITY OF CHULA VISTA lFEB -1 2001 COUNCIL OFFICES - CHULA VISTA. CA January 31, Mayor Shirley Horton VIA FAX and U.S. Mail City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91919 Re: Resignation - Economic Development Commission Dear Mayor Horton: Due to the potential involvement of Bitterlin Development Corporation with City related real estate projects, I hereby request your acceptance of my resignation from the Economic Development Commission effective immediately. Although I have enjoyed serving on the Commission and value its contribution to the City, I believe that it is in the best interests of the City and Bitterlin Development that I resign. As Bitterlin Development pursues projects within the City, I do not want my membership in the Commission to create any potential conflicts with the City or its officials in the consideration of any projects in which Bitterlin may be involved. Thank you for your understanding and for giving me the opportunity to serve the City of Chula Vista. Sincerely, Cc: Bill Hall, Chair Dave Rowlands Chris Salomone Cheryl Dye Elizabeth Hull COUNCIL AGENDA STATEMENT Item ~" Meeting Date: 2/13/01 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, California FY 2000-2001 (STL-268)" Project and transferring funds to earlier phases (STL-250 and STL-265) of the project SUBMITTED BY: D~rector of Public Work REVIEWED BY: City Manage (4/5tbs Vote: Yes No X ~ On January 3,2001, the Director of Public Works received sealed bids for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, California FY 2000-2001 (STL-268)" Project. The work to be done, involves the removal of curb, gutter and sidewalk and the construction of pedestrian ramps on various streets in the City of Chula Vista. The work also includes all labor, material, equipment, transportation, protection of existing improvements and traffic control necessary for the project. The location and type of sidewalk ramp to be constructed is summarized in Table I (Attachment A). RECOMMENDATION: That Council accept bids and award the contract for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, California FY 2000-2001 (STL-268)" to Jimenez Inc. (M.J.C.) of Chula Vista, California, in the amount of $25,250.00. Due to design related expenditures charged to earlier phases of the same project (STL-250 and STL-265) the amount of award for the current phase of the project has been adjusted downward and the following transfers be made: A transfer of $5,406.00 to STL-250 and a transfer of $10,386.00 to STL-268. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in the FY 2000-01 Capital Improvements Program (CIP) budget. This is an annual program funded with Community Development Block Grant funds (CDBG). Its purpose is to construct as many sidewalk ramps as possible with the allocated funds at various locations throughout the City. The locations are generally near schools, shopping areas, bus routes or in many cases where we have had specific requests by property owners to install the sidewalk ramps. Given the annual, on-going nature of the project, there is some blending of staff time charges. As staff reviews the various locations of sidewalk ramps necessary throughout the City, it is frequently the case that design work may be performed on certain ramps in one phase, yet those ramps may not be constructed until a later phase. In the case of the current phase, STL-268, significantly less staff time was charged in design of the various ramps than in the prior phases. This indicates that some of the design work for the current phase was actually undertaken in earlier phases. It is difficult to differentiate those design activities among the various phases as staff endeavors to have a sufficient number of locations ready for improvement to maximize the utilization of CDBG funds, which is the sole funding source of these projects. Staff attempts to have not only a sufficient number of locations prepared for improvement but to have a "surplus" of locations ready to go forward in the event that additional CDBG funding becomes available, other CDBG funded projects experience delays or problems that could jeopardize those funds or the City receives very competitive bids which could enable the City to include additional locations in the project. As a result, the actual staff charges for the two earlier projects (STL-250 and STL-265) Page 2, Item Meeting Date: 2/13/01 exceeded the funds available in those projects and funds need to be transferred from this project to fully reimburse the General Fund for the expenditures and close the project accounts. The City received bids from five contractors as follows: CONTRACTOR BID AMOUNT 1. Jimenez Inc. DBA MJC Construction, Chula Vista, California $39,780.00 2. Portillo Concrete, Inc., Chula Vista, California $41,750.00 3. Scheidel Contracting & Engineering, Inc., La Mesa, California $53,650.00 4. Star Paving, San Diego, California $57,450.00 5. Koch-Armstrong General Engineering, Inc, Lakeside, California $59,330.00 The low bid by Jimenez Inc. DBA MJC Construction, is below the Engineer's estimate of $49,150.00 by $9,370.00 or approximately 19%. Staff's bid estimate was based on average prices for similar type of work completed during the last three years. Based on thc low bid, fifty (50) sidewalk ramps will be constructed. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. The Contractor's License No. 754128 is current and active. Jimenez Inc. DBA MJC Construction has also done several CIP projects for thc City and its work has been satisfactory. Staffhas reviewed the Iow bid and recommends awarding the contract for $25,250.00 to Jirnenez Inc. DBA MJC Construction of Chula Vista, California. Contract Amount Revision The contract documents allow the City to decrease or increase the unit quantity for the construction of additional sidewalk ramps without a change in the contract unit price bid by the Contractor. Disadvantaged Business Enterprise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals. Judith Atwood, Community Development Specialist, has reviewed the bid documents submitted by the three (3) lowest bidders. Her conclusion is that DBE review is not required since the lowest bidder, Jimenez Inc. DBA MJC Construction, did not list any subcontractor's for this project (See Attachment B). Staff also reviewed Jimenez Inc. DBA MJC Construction eligibility status with regard to federal procurement programs and the status of the State contractor's licenses. Jimenez Inc. DBA MJC Construction is not listed as excluded from Federal Procurement Programs (list of parties excluded from Federal procurement or non-procurement programs as of January 9, 2001). Disclosure Statement Attached is a copy of the contractor's Disclosure Statement as Attachment C. Page 3, Item Meeting Date: 2/13/01 Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class I (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Fiscal Impact FUNDS REQUIRED FOR CONSTRUCTION A. Contract Award Amount (Jimenez Inc. DBA MJC Construction) $25,250.00 B. Contingencies (approximately 15%) $3,800.00 C. StaffCosts (Design & Inspection) $5,158.00 D. Transfers to STL-250 & STL-265 $15,792.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $50,000.00 FUNDS AVAILABLE FOR CONSTRUCTION A. 2000-01 ADA Curb Cut Annual Program (CDBG) $50,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $50~000.00 Upon completion of the project, only routine maintenance will be required. Attachments: A Table I B Memorandum from Community Development C- Contractor's Disclosure Statement H:\HOM E\ENGINEERLAGENDA\STL268-A 113doc Cm A'~-FACHMEN7 ~ Memo lo: Jim Holmes, Civil Engineer, Project Design & Management Section From: Judith Atwood, Senior Community Development Specialist Date: 1/2 5/01 Re: DBE Review of STL 268 I have reviewed the lowest bid estimate from Jiminez Inc. (M.J.C.). Since MJ.C. did not list any subcontractors for this project, DBE review is not required. However, this federally funded project is subject to Davis-Bacon Prevailing Wage requirements. If you should have any questions regarding this memorandum, please call me at extension 5036. Page 1 I ~.¢TACHMEN~ ... ~ · I THE CITY OF CHULA VISTA DISCLOSURE STATEMENT I 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 I election must be filed. 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 i application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. I I 2. lfany 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. I 3. If alay 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. I 4. Please identi.fy every person, including any agents, employees, consultants, or independent contractors you have assign~dto represent you before the City in this matter. I I I I 46 H:\HOME\ENGINEER~ADMIN\CONTRACT~STL268.doc 5. Has any person* associated with this contract had any financial dealings with anxof~ial** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No ~ lfYes, 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 ,N~ lfYes, 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 theban $~,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No ~><,lfYes, which Council member? 8. Have than $300 (or an item of equivalent value) to an official** of the City of provided you more Chula Vista in the past twelve (12) months~(T~bis includes being a source of incmne, money to retire a legal debt, gift, loan, etc.) Yes No ./'% If Yes, which official** and what was the nature of item provided? ~gnature of contractor/Applicant ~) Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, muaicipality, 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. 47 H:\HOME\ENG1NEER~ADMIN\CONTRACT~STL268.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR THE CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY (PROJECT STL-268), A_ND TRANSFERRING FUNDS TO EARLIER PHASES OF THE PROJECT (STL-250 AND STL-265) WHEREAS, on January 3, 2001, the Director of Public Works received the following five sealed bids for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, CA FY 2000-01 (STL-268)' Project: Contractor Bid Amount 1. Jimenez Inc. DBA MJC Construction, Chula Vista, CA $39,780.00 2. Portillo Concrete, Chula Vista, CA 41,750.00 3. Scheidel Contracting and Engineering, Inc., La Mesa, CA 53,650.00 4. Star Paving, San Diego, CA 57,450.00 5. Koch-Armstrong General Engineering, Inc., Lakeside, CA 59,330.00 WHEREAS, the iow bid by Jimenez Inc., DBA MJC Construction, is below the Engineer's estimate of $49,150.00 by $9,370.00 or approximately 19%; and WHEREAS, staff's bid estimate was based on average prices for similar type of work completed during the last three years and based on the low bid, fifty sidewalk ramps will be constructed; and WHEREAS, the contract documents allow the City to decrease or increase the unit quantity for the construction of additional sidewalk ramps without a change in the contract unit price bid by the Contractor; and WHEREAS, due to design related expenditures charged to earlier phases of the same project (STL-250 and STL-265), the amount of award for the current phase of the project has been adjusted downward and transfers need to be made; and WHEREAS, the bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals and staff has reviewed the bid documents submitted by the three lowest bidders and concluded that the lowest bidder, Portillo Concrete meets the Minority and Women Business Enterprise (MBE/WBE) goals; and WHEREAS, the low bidder has satisfactorily met all the requirements and staff, therefore, recommends awarding the contract to Jimenez Inc. DBA MJC Construction, Chula Vista; 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 1 (d) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award a contract for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, CA. FY 2000-01 (STL-268)" Project to Jimenez Inc. DBA MJC Construction in Chula Vista, in the amount of $25,250.00. BE IT FURTHER RESOLVED that due to design related expenditures charged to earlier phases of the same project (STL-250 and STL-265), the amount for the current phase of the project has been adjusted downward and transfers of $5,406.00 to STL-250 and $10,386.00 to STL-265 are hereby authorized. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney [H:/HOME~TTORNEY\RESO/SidewaJk ~mps bid I (Februa~ 12, 2001 (4 52PM)] CITY COUNCIL AGENDA STATEMENT ITEM NO.: ~ MEETING DATE: 02/13/01 · ITEM TITLE: RESOLUTION APPROVING THE CREATION OF A BLUE RIBBON ECONOMIC DEVELOPMENT STRATEGIC PLAN (EDS) STEERING COMMITTEE · AND DIRECTING STAFF TO INVITE DESIGNATED COMMUNITY LEADERS AND DECISION MAKERS TO BE MEMBERS THEREOF SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~-~ REVIEWED BY: CITY MANAGER ,~ 4/5THS VOTE: YES ~ NO ~ BACKGROUND On September 26, 2000 Council approved an agreement with Economic Research Associates (ERA) to assist staff in the preparation of a comprehensive Chub Vista Economic Development Strategy (EDS} and related Economic Development Element of the City's General Plan. The EDS will act as a basic blueprint for short and long range city development as relates to ensuring a balanced, fiscally strong community. Critical to the success of the EDS is the process itself; stakeholder involvement is essential. The ERA contract provides for the creation of a high level EDS Steering Committee composed of local and regional leaders to ensure quality public and private input into the strategic plan's development. RECOMMENDATION Staff is recommending that Council: 1) approve the creation of a Blue Ribbon EDS Steering Committee; 2) approve the proposed list of executive level candidate members for the Committee; and 3) direct staff to extend invitations to these individuals on behalf of the Mayor and Council. Staff is also recommending that Council direct staff to ensure that each category is represented, and accordingly, in the event an individual is unable to participate, staff is authorized to extend additional invitations to other executive level community leaders as appropriate. BOARDS/COMMISSIONS RECOMMENDATION The proposed Blue Ribbon Steering Committee members were generated by the City's Business Response Team - the internal oversight body for the EDS - and the City's Economic Development Commission (EDC). The EDC will be directly involved in the EDS process as members of the Steering Committee subcommittees, as discussed below. PAGE 2, ITEM NO.: 3 MEETING DATE: 02/13/01 DISCUSSION I. STAKEHOLDER PARTICIPATION IN THE EDS The success of an economic development planning process more than anything else hinges upon the identification of "champions" and strong local leadership. The involvement of individuals with a long term interest or "stake" in the economic future of their community cannot be overemphasized. Community support is critical in terms of both sfrategizing and implementation. Community involvement from the beginning ensures broad-based "ownership" in the Plan, and encourages the formation of essential partnerships. Council's approval of the proposed Blue Ribbon Steering Commiflee and the suggested candidate members will provide a solid foundation for stakeholder participation. A. BLUE RIBBON STEERING COMMITTEE Composition The proposed Blue Ribbon Steering Committee has been designed to include visionary leaders, key decision-makers, and representation from a broad range of public and private interests. The proposed Steering Committee is composed of executive level members representing 24 specific entities within 3 basic groups: 1) Business and Industry representatives; 2) Business Support Infrastrudure; and 3) Partnering Jurisdictions. The 24 recommended individuals, their organizations and titles are shown in Attachment A. Blue Ribbon Committee Rote and Responsibilities The Steering Committee will hold 3 workshops and will be asked to participate ~ directly or via a designee - on one of 3 Subcommittees. The Committee's 1st workshop will be to develop a recommended Economic Vision for Chub Vista. The workshop will be facilitated by ERA and will be open to the punic. The Steering Committee's proposed Vision will be presented at a joint EDC/PC/Council workshop for Council consideration prior to adopting a formal Chula Vista Economic Vision Statement. Three Steering Committee Subcommittees will be established, addressing economic development strategies in the following general categories: 1) Citywide; 2) Industry-related; and 3) Geographic- related. Each SubcommiHee will hold 3 meetings to identify specific issues within their respective "category" and to begin to develop related strategies. The entire Steering CommiHee will then hold its 2nd workshop to receive and comment on Draft Issue Papers prepared by ERA based upon Subcommittee and staff work. These Draft Issue Papers will then be presented at a Council workshop. Finally, the Steering Commi~ee will hold its 3fd workshop to review and comment on the Draft EDS Goals and Objectives as developed by ERA and staff. The final recommended Goals and Objectives will also be presented at a Council workshop. B. ECONOMIC DEVELOPMENT COMMISSION The City's EDC will play an active role in the preparation of the EDS. Each EDC member will participate on one of the 3 Subcommittees identifying issues and developing related strategies. See Attachment B. 2 PAGE 3, ITEM NO.: ~' MEETING DATE: 02/13/01 Additionally, staff will be providing the Commission with EDS progress reports and soliciting Commission input at their monthly meetings. C. COMMUNITY INTERVIEWS ERA will conduct 30 interviews with communi~/ members to get input regarding concerns and opportunities within their respective areas of expertise. These interviews will be targeted to individuals within broad ranging categories similar to those represented on the Steering Committee. Interviewees have been identified by the BRT and EDC. D. PUBLIC MEETINGS The Blue Ribbon Steering Committee meetings will be operated in accordance with the Brown Act open meeting requirements and therefore will be open to the public. (Staff will work with ERA to deve!op appropriate rules of operation for the Committee.} In addition, the EDS will be taken forward to Council in its various stages, i.e. for the initial visioning process, and for Council review of the Economic Base Analysis, Draft Issue papers, and proposed Goals and Objectives. The public will be notified of these meetings. E. MEXICO-RELATED FOCUS GROUPS Per the contract, ERA will conduct focus groups to assess Mexico related impacts on Chula Vista, including sessions with the following groups: local retailers; export/import industries; and real estate brokers. II. RELATIONSHIP TO GENERAL PLAN UPDATE PUBLIC PARTICIPATION The General Plan Update will be conducted in three phases: 1) citywide studies; identification of issues and goals; 2) community-level vision plans; and 3) integrating this information into an updated General Plan and Master Environmental Impact Report. The EDS will be a major contributor to each phase of the Update's development. While the General Plan Update Work Program has not yet been finalized, it is anticipated that there will be a strong public participation component, with emphasis on communi~, and neighborhood level outreach. As the Work Program is refined, Planning and Economic Development staff will be working together to coordinate the two community outreach efforts. FISCAL IMPACT The ERA contract for preparation of the EDS and related funding has been previously approved by Council. The proposed Steering Committee and subcommittees will not require additional funding, but will require extensive staff support in coordination with EPA. ATTACHMENTS Attachment A- Recommended Blue Ribbon Steering Committee Attachment B - Economic Development Commission participation on EDS Subcommittees H:\HOME\COMMDEV~STAFF.REP\02-13-01\STEERING COMMITTEE A113.doc ~. eD ~ cE ~ c o o w m E ~ =o '- ~ -= ~ gS~8 0 ooo=zz~ o = =o~ ~w<wowo ATTACHMENT B CITY OF CHULA VISTA ECONOMIC DEVELOPMENT COMMISSION (EDC) MEMBERSHIP ON EDS SUBCOMMITTEES ~DS SUBCOMMITI'EES EDC COMMISSIONEKS Citywide Issues 1. Chris Bifferlin, President, Bi~terlin Development Company 2. Charles Moore, Public Relations/Sales, Pacific Waste Services/Allied Waste Industries 3. Daniel Munoz, Editor, La Prensa San Diego Industry-Specific Issues 1. Dr. Carl Nelson, Owner, Global Business and Trade (GBT) 2. John Munch, Vice President/Manager, Union Bank of California 3. Bill Tunstall, Staff Engineer, BFGoodrich Aerospace/ Aerostrudures Group I 4. Mary Wylie, Dean, Economic Development & Customized Training, Southwestern College Geographic-Focused 1. J.C. Clayton, Real Estate Broker, ERA Davies Realty Issues 2. Russ Hall, Staff Services Manager, CalTrans 3. Nate Rubin, CFO/Owner, RSI ID Technologies 4. Robert Villareal, Executive Director, San Diego County Hispanic Chamber of Commerce COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CREATION OF A BLUE RIBBON ECONOMIC DEVELOPMENT STRATEGIC PLAN (EDS) STEERING COMMITTEE AND DIRECTING STAFF TO INVITE DESIGNATED COMMUNITY LEADERS AND DECISION MAKERS TO BE MEMBERS THEREOF WHEREAS, on Sept 26, Council approved an agreement with ERA to assist staff in the preparation of a comprehensive Chula Vista Economic Strategic Plan (EDS) and related Economic Development Element of the City's updated General Plan; and WHEREAS, the EDS will act as a basic blueprint for short and long range city development as relates to ensuring a balanced, fiscally strong community; and WHEREAS, critical to the success of the EDS is the process itself, including the active involvement of community stakeholders; and WHEREAS, the City's Economic De~velopment Commission and internal Business Response Team (BRT) have identified suggested community leaders and decision-makers as candidates for membership on a Chula Vista Blue Ribbon EDS Steering Committee; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the creation of a Blue Ribbon Economic Development Strategic Plan (EDS) Steering Committee; such Committee shall be operated in accordance with the requirements of the Brown Act; and directs staff to invite designated community leaders and decision makers on behalf of the Mayor and Council to be members thereof; and BE IT FURTHER RESOLVED that Council direct staff to ensure that each category of membership identified by the BRT and the EDC be represented, and accordingly, in the event an invited individual is unable to accept, staff is authorized to extend additional invitations to other executive level community leaders as appropriate, Presented by Approved as to form by Chris Salomone Director of Community Development Ci~ H:\HOME\COMMDEV\RESOS\EDS Steering Comm,doc COUNCIL AGENDA STATEMENT Item Meeting Date ITEM TITLE: Resolution Maintaining the Existing City Investment Policy and Guidelines SUBMITTED BY: Deputy City Manager Powell ~.x~' REVIEWED BY: City Manager ~ (4/Sths Vote: Yes No~) The City has an existing Investment Policy and Guidelines to insure the prudent management of idle cash. State law requires that the Investment Policy and Guidelines be adopted by resolution of the City Council on an annual basis after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends. It is recommended that the Council adopt the resolution maintaining the existing Investment Policy and Guidelines. In addition, the Quarterly Report of Cash and Investments for the quarter ended December 31, 2000 is submitted for your information. RECOMMENDATION: That Council adopt Resolution maintaining the existing Investment Policy and Guidelines. BOARDS & COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: The City's Investment Policy and Guidelines (City Council Policy 220-01, copy attached) adopted on February 15, 2000 by Resolution 2000-050 is intended to provide direction for the prudent investment of temporarily idle cash, and for maximizing the efficiency of the cash management process. The stated goal is to enhance the economic condition of the City while insuring the safety of funds invested. The policy includes a list of specific investment instruments available under the relevant California Government Code provisions, 53600 et. seq. and 53635 et. seq. In addition to specific instruments, investment in the Local Agency Investment Fund (LAIF), an investment pool administered by the State Treasurer and the County Treasurer's Investment Pool are also included. Each investment transaction is made in the context of first insuring the "safety" of principal, second, investing only for that timeframe that the cash is not needed for operational purposes ("liquidity"), and last seeking the highest return possible ("yield") provided that the first two factors are met. Page 2, Item Meeting Date ~!1 _~!nl It is recommended that the existing Policy be re-adopted as is. The Policy was thoroughly updated in accordance with current law when it was amended in February, 1997, and no further amendments are recommended at this time. Attached for your information is the quarterly report of investments as of December 31, 2000. The Pooled Investment Portfolio ($161,853,047) and the Cash/Investments with Fiscal Agents ($119,966,050) continue to be invested in accordance with the Government Code and the Council Investment Policy. During the quarter, no investments were sold and three (3) investments matured or were called prior to their maturity date. Other than routine investment in money market funds by fiscal agents, nine (9) federal government securities were purchased during the quarter totaling $15,000,000 and carrying interest rates ranging from 6.00 percent to 7.20 percent. The difference in interest rates is the result of day-to-day price fluctuations in the market, maturity differences, and callable v. non-callable securities. Market interest rates remained relatively flat until the final weeks of this quarter. At that point, the Federal Reserve Board lowered rates in response to indications of a weakening economy, lower than expected corporate earnings and lower consumer confidence. As of December 31, the weighted average yield (average interest rate) on the Pooled Investment Portfolio was 6.287 percent, a slight increase over the level of the previous quarter (6.206%). The weighted average maturity decreased to 2.14 years from 2.17 years as of the end of the quarter. In other words, with some investments maturing in less than 2.14 years and some maturing somewhere between 2.14 years and 5 years, the overall average maturity for the entire portfolio was 2.14 years. The continuing decline in the weighted average maturity puts the portfolio well within the Council Policy of less than 3.0 years. Considering the projected timing of cash receipts and disbursements, inoluding the proceeds from the Tax and Revenue Anticipation Note borrowing, and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. Any temporary shortfalls at the individual Fund level will be addressed by recommendations to Council for interfund borrowing. FISCAL IMPACT: There is no direct fiscal impact by this action, but for informational purposes, the par value of the total investment portfolio totaled $281,819,096 as of December 31, Page 3, Item '7 Meeting Date 2.L12dJ~t 2000, an increase of $46,316,682 over the previous quarter. Investment interest revenue for only the Pooled Investment Portfolio (excluding the cash and investments with fiscal agents) is budgeted at $8.2 million for fiscal year 2000-01. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY EFFECTIVE NUMBER DATE PAGE 220-01 02/04/97 i OE 4 ADOPTED BY: Resolution 18571* I DATED: 02/04/97 PURPOSE Effective cash flow management and cash investment practices are recognized its es~sential to good fisca management. This Statement is intended to provide guidelines for the prudent investment of the City's temporarily idle cash in all Funds, and outline the policies for maximizing thc efficiency of the City's cash management system. OBJECTIVE The objective of the investment policy is to provide guidelines for insuring the surety of funds invested whi c maximizing investment interest income to the City. INVESTMENT POLICY A. The Finance Director is responsible for investing the cash buIances in all City Funds in accordance with the California Government Code, Sections 53600 et seq. and 53635 et seq. This policy docs nm include Long Term Debt Reserve Funds and Deferred Compensation Funds, which arc exceptions covered by other more specific Government Code sections and the legal documents unique to each debt transaction. Investment practices shall conform to the prudent man rule (CMl ('odc Section 2261, et seq.) which states, in essence, that "in im,esling.., property for the benefil of another, a trustee shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion and inlelligence exercise in the mnnagemem of their own affairs..." The Finance Director and other individuals assigned to manage the investment portfolio, acting w/thin the intent and scope of the investment policy and other written procedures, und exercising duc diligence, shall be relieved of personal responsibility and liability for an individual investmcm's credit risk or market price changes, provided material deviations from expectations are reported in a timely manner iihd appropriate action is taken Io control any adverse developments. B. It is the City's full intent, at the time of purchase, to hold all im,cstmcnts until maturily in t~rdcr ensure the return of all invested principal. However, il is realistically anticipaled thltl markcl prices securities purch,'Lsed as investments will vary depending on economic conditkms, interest talc fl~ctuations, or individual security credit factors. In a well diversified investment pt~rt['olit~, su~c'h temporary variations in market value will inevitably result in measurable losses itt any specific poir~i in time. From time to time, changes in economic or market conditions may dictate thai il is in Iht.' best interest to sell a security prior lo maturity. C. The three principle factors of Safety, Liquid/ty and Yield are to be taken into considerathm, in thc specific order listed, when making investment decisions. I. Safety of principal is the foremost faclor to be considered during'each investment transaction. Safety in investing refers Io minimizing thc potcntial liar It~ss of principal, intcrcsl t~r a combination of the two due Io the two types of risk, Credit Risk and Market Risk. * Resolution 17578 (07f26/94) COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY EFFECTIVE NUMBER DATE PAGE 220-01 02/04/97 2 OF 4 ADOPTED BY: Resolution 18571* I DATED: 02/04/97 a) Credit Risk, defined as the risk of loss due to failure of the issuer of a security, shalI be mitigated by only investing in very safe, or "investment grade" securities and diversifying where feasible. b) Market Risk, defined as market value fluctuations due to overall changes in interest rates shall be mitigated by limiting the average maturity of the investment portfolio to less than 3 years, with a m=imum maturity of any one security of 5 years withow prior Council approval. Also, the portfolio will be structured based on liquidity needs so as to avoid the need to sell securities prior to maturity. 2. Liquidity refers to the ability to convert an investmeul to cash promptly with minimum risk of losing some portion of principaI or interest. The investment portfolio will be structured based on historic cash flow analysis in order to provide the necessary liquidity as im,estments routinely mature. A portion of the portfolio will be maintained in liquid shorMerm securities which can be converted to cash if necessary to meet unforeseen disbursement requirements. 3. Yield is the average annual return on an investment based on the interest rate, price, and length of time to maturity. The City attempls 1o obtain thc hlghcsl yield possible, pmvldcd that the basic criteria of safety and liquidity have been met. AUTHORIZED INVESTMENT INSTRUMENTS The City may invest in the following instruments under the guidelines as provided herein: A. Certificates of Deposit. Time Certificates of Deposit will be made only in FDIC or FSLIC insured accounts. For deposits in excess of the insured maximum of $I00,000, approved collateral shall bc required in accordance with California Government Code section 53652 und/or 53651 (m) (I). more than 25% of the investment portfolio may be invested in this investment type. B. Securities of the U.S. Government or its Agencies. Includes obligations issued by Federal Home Loan Ban 'ks, Government National Mortgage Association, the Farm Credit System, the Federal Home Loan Bank, the Federal Home Loan Mortgage Association, the Federal National Mortgage Association, the Student Loan Marketing Association, or obligations or other instruments of or issued by a federal agency or a United States Government sponsored enterprise. C. Treasury Bills and Noles. U.S. Treasury Bills, Noles, Bonds or Certificales of Indebtedness, tlr those for which the full faith and credit of the United Stales are pledged for the paymenl of principal and interest. D. Local Agency Investment Fund (LAIF}. Im,estment of funds in the Californin LAIF which allows the State Treasurer to invest through the Pooled Money lnvestmenl Account. Maximum im, estmcnt is subjecl to stale regulation. E. County of San Diego Treasury Pool. Investment of funds in Ihe County of Sun l)icgo Treasury which allows the Coufity Treasurer-T~ Colleclor to invest local funds through a pooled concept. F. Bankers Acceptance. Bills of Exchange or Time Drafts drawn on and accepted by a commercial bank, otherwise 'known as Bankers Acceptances, both domestic and foreign, which are eligible for purchase by the Federal Reserve System. Purchases of Bankers Acceptances may not excend 270 days maturity or total more than 40% of the cost value of the City's investment portfolio. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY EFFECTIVE NUMBER DATE PAGE 220-01 02/04/97 3 OF 4 Resolution 18571* I DATED: 02/04/97 ADOPTED BY: G. Commercial Paper. Paper of the highest rating as provided by Moody's Investors Service, Inc. (PI), or Standard and Poor's Corporation (Al+). Eligible paper is further limited to issuing corporations that are organized and operating within the United States and having total assets in excess of five hundred million dollars ($500,000,000). Purchases of eligible commercial pa~er may not exceed 180 days maturity, represent more than 10% of the outstanding paper of the issuer, or total more than 15% of the cost value of the City's investment portfolio. H. Negotiable Certificates of Deposit. Issued by a nationally or state-chartered bank or a state or fedora savings and loan association or by a state-licensed branch of a foreign bank. Purchases of Negotiable Certificates of Deposit ma), nol total more than 30% of the cost value of the City's investmcn! portfolio. I. Repurchase ARreements. A purchase of securities by the City pursuant to a Master Repurchase Agreement agreement by which the seller will repurchase such securities on or before a specified date, or on demand of either party, and for a specified amount. Investments in repurchase agreements will be used solely as shorl term investments nol lo exceed 90 days lind be collatcralized by securities having a market value of at least 102% of the value of the repurchase agreement at all times during the term of the investment. J. Medium Term Corporate Notes. Corporate obligations shall bc rated A or belier by Moody's and or Standard and Poor's rating agencies. Purchases of corporate medium term notes shall nol lo/al more than 30% of the cost value of the City's investment portfolio, nor for any one corporation, when combined with any Commercial Paper issued by the slime corporalion, tohd more than 15'/, of thc. cost value of the City's inveslment porlfolio. K. Various daily cash funds administered for or by Trustees, Paying Agents, or Custodian Blinks contracted by the City may be purchased as allowed under California Government ('ode. Only Ihosc funds holding U.S. Treasury or Government Agency obligations shall be purchased. DIVERSIF1CAZION Investments shall be diversified among institutions, types of securities and malurities to maximizu safer: and yield with changing market conditions. Local financial institutions will be given preferential considcralk}n Ior mvestment of City funds,consistent with the C' y s objec ~ve of at ammg marke rates of return, and consistcm with constraints imposed by its safety objectives, cash flow considerations.and State laws. SAFEKEEPING '~ All investments of lhe City shall have the City of Chula Vista as registered nwner lind shall bt' held in safekeeping by a third party bank trust department, acting as agent [-or the City under the terms o[ a custody agreement. .INVESTMENT REPORTS A. The Director of Finance shall submit a quarterly investment report to Iht ('it)' Manager and ('it5, Council in accordance with Governmcnl Code Seclion 16481.2 containing Iht fiflh~wing information for each individual investment: COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY EFFECTIVE NUMBER DATE PAGE 220-01 02/04/97 4 OF 4 ADOPTED BY: Resolution 18571* I DATED: 02/04/97 Financial institution Type of investment Purchase Price of investment Rate of interest Purchase date Maturity date Current market value for securities Other data as required by the City In addition, the report shall include a statement of compliance of the portfolk) with thc Council approved Investment Policy and a statement indicating the ability of the City to meel its expenditure requirements for the next six months. POLICY REVIEW This investment policy and guidelines shall be adopted by resolulion of the City Council on an annual basis after being r~viewed to ensure its consistency with the overall objeclives o[ preservation o1' principal, Iiquidily, and yield, and its relevance to current law and financial and economic trends. COUNCIL INFORMATION DATE: February 13, 2001 TO: Honorable Mayor and City Council VIA: David D. Rowlands Jr., City Manager FROM: Robert W. Powell, Deputy City Manager~ SUBJECT: Investment Report For The Quarter Ended December 31, 2000 Attached for your information is the quarterly report of investments as of December 31, 2000. The Pooled Investment Portfolio ($161,853,047) and the Cash/Investments with Fiscal Agents ($119,966,050) continue to be invested in accordance with the Government Code and the Council Investment Policy as adopted on February 13, 2001. During the quarter, three investments matured or were called prior to their maturity date. Other than routine investment in money market funds by fiscal agents, nine federal government securities were purchased during the quarter totaling $15,000,000 and carrying interest rates ranging from 6.00 percent to 7.20 percent. The difference in interest rates is the result of day-to-day price fluctuations in the market, maturity differences, and callable v. non-callable securities. Market interest rates remained relatively flat until the last few weeks of this quarter primarily due to the Federal Reserve Board's lowering of rates in response to indications of slowing economic growth and lower than expected corporate earnings. As of December 31, the weighted average yield (average interest rate) on the Pooled Investment Portfolio was 6.287 percent, a slight increase over the previous quarter's 6.206 percent At the end of this quarter, the weighted average maturity was 2.14 years, down again from last quarter's 2.17 years. The continuing decline in the weighted average maturity puts the portfolio well within the Council Policy of less than 3.0 years. Qua~erly Investment Repo~ December 31,2000 Page 2 of 2 Considering the projected timing of cash receipts and disbursements, including the proceeds from the Tax and Revenue Anticipation Note borrowing, and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. Any temporary shortfalls at the individual Fund level will be addressed by recommendations to Council for interfund borrowing. Should you have any questions regarding this information, please feel free to contact me. qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq ~qqq~qqqqqqq~qqqqqqqqqrqqqqqqqqqqqqqqq ~ g ~ ~ oo o o ._ .~.~ .~ .~ ~ o ~ ~ oo o o .~ ~.~ ~o~oo ~ ~ o~o~ ~oo ~o~ ~ooooooooooo oo ~ ~z®~°°z~ oo ~o oooo~oo ~8~8 ~o~o~oo~o~ .~ ooo.ooo~ '§ ~ o ~ ~ ~ z~ = ~ o o~ o oo oo ~ooo .~o~o~ o o ~ 999999ooooooooooooo99o99oooooooooooooooo qqqqqqqqqqqqqqqq · - o~ = = ¢~ ~ ~ .- .~.~ o c.~.~ o o c ~ · ~ ~°~v ~ ~°° ~ g~ooooo~?, , , , , ,'~ ~ o~ ~ ~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAINTAINING THE EXISTING CITY IN-VESTMENT POLICY AND GUIDELINES WHEREAS, the City has an existing Investment Policy and Guidelines to insure the prudent management of idle cash; and WHEREAS, state law (Government Code Section 53646) requires that the Investment Policy and Guidelines be adopted by resolution of the City Council on an annual basis after being reviewed to ensure consistency with the overall objectives of preservation of principal~ liquidity, and yield, and its relevance to current law and financial and economic trends; and WHEREAS, staffs recommends maintaining the existing Investment Policy and Guidelines. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby maintain the existing City Investment Policy and Guidelines. Presented by Approved as to form by Robert Powell J~n/~. kaheny Deputy City Manager .~it/~Attorney H ~ \HOME \At t orney\ reso \ inve st merit policy COUNCIL AGENDA STATEMENT Item No ~ Meeting Date 2/13101 ITEM TITLE: Resolution Waiving the competitive bid process as impractical, authorizing the Mayor to execute a sole source contract with Litton Data, Inc. for Police Mobile Data Computer (MDC) replacements, related installation, hardware and software licenses and appropriating $88,088 from the unappropriated balance of the Technology Replacement Fund. SUBMITTED BY: Chief of PoliceJ~~/ Director of Management and Information Service~,~/ REVIEWED BY: City Manager ~ ( 4/5ths Vote: Yes X No ) The Police Department is in the process of upgrading and standardizing its vehicle fleet of aging Mobile Data Computers (MDCs). This item is recommending approval of a sole source agreement with Litton Data, Inc. for the purchase of 49 Mobile Data Computers, installation, hardware, and required software licenses to support radio operations for police and appropriating the necessary funding. RECOMMENDATION: Staff recommends that Council approve the Resolution waiving the competitive bid process as impractical, authorizing the Mayor to execute a sole source contract with Litton Data, Inc. for police Mobile Data Computer (MDC) replacements, related installation, hardware and software licenses and appropriating $88.088 from the unappropriated balance of the Technology Replacement Fund. BOARDS/COMMISSIONS RECOMMENDATIONS: None BACKGROUND: The Police Department is currently operating Mobile Data Computers (MDCs) that are considered outdated and slow by today's standards and are incapable of operating software of general use by other public safety agencies. Staff from the Police Department and MIS have evaluated both current and future needs associated with the use of MDCs including product dependability, reliability, Page 2, Item -~ Meeting Date 2/13/01 program expandability and service. All of these factors are important to the efficiency of the Department's field operations. DISCUSSION Changes in computer technology have dramatically improved MDCs since the development of the first generation of MDCs. Today's computers are able to support software that maximizes the use of the field officers' time while enhancing their efficiency in such areas as time management, public safety and citizen contacts. The newer model MDCs also provide mapping software applications as well as a Vehicle Location System (VLS). VLS will give the Communications Center the ability to know where field officers are located, providing better communications and therefore, better response time to calls for service. As the City continues to grow there will be a corresponding increase on the demands placed on police services. As such, the selection of a MDC that has the capability to add future software enhancements and continue to run current systems is crucial. Currently, the Department's MDCs (Data 911 MDCs) are incapable of operating the necessary software applications proven effective in daily police patrol operations. Officers are limited to receiving computer aided dispatch (CAD) messages, some Department of Motor Vehicles records; limited State and Federal warrant information and very limited use of field reporting applications. The processor speeds are prohibitively slow and do not allow for efficient operation of new and future software applications. Another difficulty with the Data 911 system appears as new technologies for MDC use evolves. Many companies are releasing excellent mapping software such as Automated Vehicle Location and Global Positioning Systems. However, Data 911 controls what software can be used on their system by way of a message switch. In order for any non-Data 911 software to be used on their system, a fee must be paid to Data 911 for use of their message switch. Historically, this has limited the City and the Department in utilizing state of the art software. Conversely, the proposed MDCs have an "open architecture" that offers several key benefits. Litton's system allows for future upgrades such as in-car mapping software, word processing and video camera interfaces without the extra fee. This will allow the Department to select non-proprietary software, which will enable future technologies of choice and limit costs for software and hardware proprietary fees. Staff evaluated both the Litton and Data 911 Mobile Data Computers in actual field conditions. Demonstration units of both products were installed in our police vehicles for a period of time. Staff found that the Litton product was more functional and provided far greater reliability in terms of hardware stability. A Geographic Information Systems (GIS) mapping project was created for use by field officers as part of the MDC system. The Litton MDC outperformed the other Page 3, Item ~' Meeting Date 2/13/01 in several areas including reliability and functionality. Finally, staff considered areas of service and maintenance; Service and reliability of the Data 911 MDCs was described as "difficult" by MIS staff who worked closely with the product since it was first installed in our police vehicles in 1997. Technical assistance and service has been consistently poor and frequently non-existent. Actual in- service technical assistance was either delayed or slow to arrive when scheduled. The computers themselves are also difficult to service, as repairs require sending the MDC unit to Mission Viejo. The basic turnaround time is one to two weeks. The unit then has to be reinstalled into the vehicles. Conversely, Litton is a local company and provided a higher level of timely support in resolving issues associated with installation and overall usage of the MDC units. Litton also received high marks from those agencies in the county that have been using their product. In addition, Data 911's two year extended service warranty costs significantly more than the similar warranty offered by Litton. SEE FOLLOWING CHARTS Page 4, Item Meeting Date 2/13/01 LITTON ITEM QUANTITY UNIT COST TOTAL COST MDC Model 49 $ 5,887 $ 288,463 Slide Mount Tray 49 $ 237 $ 11,613 Dash Display Mounts 49 $ 53 $ 2,597 2 Year Extended Warranty 49 $ 177 $ 8,673 Display/Computer Timer 49 $ 115 $ 5,635 Hardware Delivery Charge N/A N/A N/A Sub-Total $ 316,981 Less Discount Inc. in Unit Cos¢ I TOTAL I $ 316,981 DATA 911 ITEM QUANTITY UNIT COST TOTAL COST MDC Model2 49 $7,128 $ 349,272 Slide Mount Tray~ N/A N/A N/A Dash Display N/A Included N/A Mounts4 2 Year Extended Warranty 49 $ 480 $ 23,520 Display/Computer N/A N/A N/A Time¢' Hardware Delivery N/A N/A $ 2,205 Charge Sub-Total $ 374,997 Less Discount (Rebate) $ 58,800 TOTAL $ 316,197 $50,000 discount included in total cost DATA 911 Processor speed is lower - not industry standard processor chip Slide tray not used with this product, unit is mounted in glove box/dash Dash mount for MDC included in net cost Display/computer is recommended to save vehicle battery - not offered on DATA 911 units Page 5, Item Meeting Date 2/13/01 Staff recommends Litton Data, Inc. as a sole source choice. In evaluating the two manufacturers of mobile data computers, Litton is the only product that meets all current standards and product specifications necessary for immediate usage, software expansion and reliability as outlined by the department. It also ' builds and services a MDC product that supports the best in available current software. Recognizing the high cost of this technology, staff believes the Litton product meets the reliability requirements for providing timely, cost effective service. The County of San Diego recognizes the reliability of the Litton MDC's. They purchased six hundred (600) Litton MDC's three years ago and report positive comments related to their reliability and service of the units. Proposed MDC'S Replacements A total of forty-nine (49) MDC's are scheduled to be purchased in this fiscal year. Ten (10) are included in the Police Department budget to outfit new Patrol vehicles added during FY 00 - 01. Seventeen (17) more were recently approved by Council upon acceptance of the State Technology money and fourteen (14) are included in the Management Information Systems (MIS) computer replacement budget. An additional six (6) are budgeted for Animal Control trucks, in the Public Safety Communication CIP, and two (2) for the Abandoned Vehicle Abatement (AVA) Program. A total of 49 MDC's are pro[~osed to be purchased this fiscal year. Ongoing replacement of MDC's will occur on an annual basis. Sufficient funds are included in the MIS computer replacement budget. FISCAL IMPACT There is no net impact to the General Fund. Except for the amount being requested from the Technology Replacement Fund ($88,088), sufficient funds are budgeted in the Police and CIP budgets. Staff proposes to purchase 49 MDC's at $6,292 for a total cost of $308,308 plus $8,673 for maintenance for a total of $316,981 SEE FUNDING SUMMARY NEXT PAGE. Page 6, Item Meeting Date 2/13/01 FUNDING SUMMARY FUNDING SOURCE NO. OF MDCs UNIT PRICE~ AMOUNT Police Department Budget- New Vehicles 10 $ 6,292 $ 62,920 California Advance Technology Program 17 $ 6,292 $ 106,964 Technology Replacement Fund 14 $ 6,292 $ 88,088 Public Safety Communication CIP 6 $ 6,292 $ 37,752 Abandoned Vehicle Abatement 2 $ 6,292 $ 12,584 SUB TOTAL 49 $ 308,308 Extended Warranty- MIS Operating budget 49 $ 177 $ 8,673 TOTAL $ 316,981 i Includes installation, hardware & software licenses RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BID PROCESS AS IMPRACTICAL, AUTHORIZING THE MAYOR TO EXECUTE A SOLE SOURCE CONTRACT WITH LITTON DATA, INC. FOR POLICE MOBILE DATA COMPUTER (MDC) REPLACEMENTS, RELATED INSTALLATION, HARDWARE, AND SOFTWARE LICENSES AND APPROPRIATING $88,088 FROM THE UNAPPROPRIATED BALANCE OF THE TECHNOLOGY REPLACEMENT FUND. WHEREAS, the Police Department is in the process of upgrading and standardizing its vehicle fleet of aging Mobile Data Computers (MDCs); and, WHEREAS, a change in computer technology has dramatically improved since the first generation of MDCs, which now provide for a greater degree of proficiency in areas of time management, public safety, and community interaction; and, WHEREAS, staff has examined and evaluated several MDC products and based on actual field operations, the Litton MDC has proven to meet the standards established for police usage, software expansion, reliability, functionality and service; and, WHEREAS, staff recommends that the competitive bid process be waived and that Council authorize a sole source contract with Litton Data, Inc.; and, WHEREAS, staff proposes to purchase 49 MDCs during FY 00 - 01; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby waive the competitive bid process as impractical, authorizing the Mayor to execute a sole source contract with Litton Data, Inc. for police Mobile Data Computers (MDC)'replacements, related installation, hardware, and software licenses and appropriating $88,088 from the unappropriated balance of the Technology Replacement Fund. Presented by: Approved as to form by: Chief of Police - City Attorney CITY COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 02/13/01 ITEM TITLE: PUBLIC HEARING: PCS 01-03; Tentative Subdivision Map known as Tivoli Villas, consists of a 7.8-acre lot containing a total of 117 residential units to be sold as condominiums with the land and physical improvements to be held in common. - Applicant: D.R. Horton San Diego Holding Company, Inc. RESOLUTION: Approving a Tentative Subdivision Map for Tivoli Villas, Chula Vista Tract 01-03, and making the nec~essary findings. SUBMITTED BY: Director of Planning and Building /~ REVIEWED BY: City Manager ~4) (4/5ths Vote: Yes__No X The applicant, D.R. Horton San Diego Holding Co., Inc., has submitted an application for a Tentative Subdivision Map in order to subdivide 7.8 acres into a single lot containing 117 condominium units, located at the northeast terminus of Davies Drive (previously High Cloud Drive) and west of Medical Center Court (See Locator). The purpose of the proposed subdivision is to allow the housing units to be sold as individual condominium units. The land will remain under common ownership with exclusive rights to use applicable fenced areas. The Environmental Review Coordinator has determined that environmental review for this project was covered under the previous certified Final Environmental Impact Report (FEIR) 88-01, Sunbow General Development Plan Pre-Zone, and therefore no further action is necessary. RECOMMENDATION: The City Council approve Tentative Subdivision Map Chula Vista Tract 01-03 in accordance with the attached City Council Resolution. BOARDS AND COMMISSION RECOMMENDATION: On December 11, 2000, the Design Review Committee considered the proposed project and, after hearing staffs' and applicant's presentations, conditionally approved the project by unanimous vote subject to certain conditions. On January 17, 2001, the Planning Commission considered the proposed project and, after hearing staffs' and applicant's presentations, approved the project by a 5-2 vote, (Castenada and Hall opposed) subject to conditions. At the heating, the Planning Commission expressed concerns about Page 2, Item No.: Meeting Date: 02/13/01 certain aspects of the project. The following paragraphs describe the Commission's discussion on these issues and concerns: 1. The Commissioners raised concem about the enforceability of a condition that requires the adjoining commercial center to maintain the slope along the westerly "panhandle" portion of the site. If the commercial center fails to meet its obligation, what provisions insure the Tivoli Homeowner's Association (HOA) will assume maintenance responsibility? The City Attomey confirmed the maintenance condition is enforceable through the commercial center's recorded Easement Declaration. HOA responsibility would be enforceable through the Association's CC&Rs and governing bylaws. The applicant confirmed that maintenance provisions are established in the HOA budget and that the necessary irrigation infrastructure is part of the approved landscape plans that will be installed during construction. 2. Commissioners Casteneda and Chair Thomas expressed concerns about the adequacy ofcommon open space areas to serve the future residents and felt that the project did not provide enough area as sho~vn on the site plan. They enquired about the timing and completion of the community park directly to the south of the site to serve the future residents. Staff responded that the project meets the minimum required open space for each unit, and that the project was designed to provide more private useable open space area than common areas for the residents; which is more desirable. The City's Park and Recreation Principal Landscape Architect informed the Commission that the completion for the park is anticipated within the next two years, which would be approximately six months prior to the construction of the last units within the project. 3. Several Commissioners enquired about the usage of reclaimed water for irrigation. The City's Principal Landscape Architect informed the Commission that the City's Landscape Manual directs a project's applicant to incorporate the use of recycled water into the project's landscape and irrigation design when recycled water is available. The Sunbow II Planned Community water service is provided by the Otay Water District (OWD), which has a master plan for the use of recycled water for landscape irrigation within the City ofChula yista. Typically, an irrigation system for a project within the OWD water service area is designed to meet the requirements of recycled water irrigation system. This includes the use of specific purple colored pipe, specific valves to prevent backflow, and signage identifying usage of recycled water in the area. The system is charged and operated with potable water until such time as the OWD recycled water service is available to the project, then the project's irrigation system is reviewed and charged with recycled water. 4. Commissioner Hall expressed concern about the overall energy crisis for California, and how the approval of new development projects such as the Tivoli and others in the City will contribute to the problem. The applicant responded that the project is designed to meet or exceed Title 24, and the new California Energy Efficiency standards that will be in effect on June 1,2001, which will contribute to the conservation of energy in Califomia. Page 3, Item No.: Meeting Date: 02/13/01 DISCUSSION: 1. Existing Site Characteristics The Tivoli project site is within Planning Area 10A of the Sunbow II Planned Community, located on the west side of Medical Center Court and north of Davies Drive, between Medical Center Drive to the west and Medical Center Court to the east. Directly north of the site is Sharp Hospital, to the west is a recently approved neighborhood commercial center; to the east, and fi'onting the site is the future Medical Center Court; and to the south is the future 1 O-acre Sunbow Community Park. Access to the site would be from future Medical Center Court. The 7.8-acre site is irregular in shape and extends west along the north side of the commercial center (See Locator). Although the panhandle shaped portion of the subject site is an integral part of the property, an easement was granted for the design and maintenance of the slope area by the commercial center. Staff recommends that the Homeowner's Association (HOA) be required to maintain this area in the event that the commercial center is unable to maintain it for any reason. The applicant has agreed to the inclusion of a tentative map condition which addresses this requirement. The site, which is currently vacant and has been graded in conjunction with the Sunbow II mass- grading program, is relatively flat with manufactured slopes on all sides of the parcel. The site is situated almost at grade with future Medical Center Court to the east, and relatively level with the northerly adjacent parcel; approximately 10A 5 feet above the future Community Park to the south and 35 feet above Davies Drive to the west (See Figure lb). The site is designated RC, Residential Condominium in the Sunbow II SPA Plan. The site was approved for 214 dus (27 du/ac) and is proposed to be developed with 117 units (15 du/ac), a reduction of 97 units. Please note that since the parcel is not being developed to the maximum density allowed, the master developer is requesting that the 97 units be transferred to another multi- family site (Planning Area 10A), located directly east of the project s. ite (See Figure 2). Staff is processing a SPA amendment to transfer the 97 units to Planning Area 10A, which will be presented to the Planning Commission and City Council for consideration in February. 2. SPA Land Use Designations and Land Use Zoning SPA Plan designation Existing Land Use Site PC, Planned Community RC, Residential Condominium Vacant North CO, Administrative and None (City zoned) Sharp Hospital Professional office Commercial South PC, Planned Community OS/Comm. Rec., Open Space Vacant East PC, Planned Community RC, Residential Condominium Vacant West PC, Planned Community VC, Village Center Commercial Center- under construction. Page 4, Item No.: Meeting Date: 02/13/01 3. Proposed Development The Tentative Subdivision Map consists of a 7.8-acre lot containing a total of 117 residential units to be sold as condominiums with the land and I~hysical improvements to be held in common. Individual homeowners will be given exclusive right to use applicable building air space and fenced yard area. Parking/Circulation The circulation system shown on the Tentative Subdivision Map consists of private streets with an internal circular loop. A large recreational area will be provided in the center of the project with easy vehicular and pedestrian access points. Parking consists primarily of individual garages and additional open parking stalls provided at various points throughout the project. The following table illustrates the required and proposed parking: Table: Required & Proposed Parking* Required parking ratio per unit type: Parking Spaces Required per total units 2 bedroom 2 spaces 2 bedroom (78 units) 156 3 bedroom 2.5 spaces 3 bedroom (39 units) 97.5 Total Required: 254 Parking ratio Provided: Parking Spaces Provided per total units 2 bedroom 2 spaces 2 bedroom (78 units) 78 covered 3 bedroom 2.5 spaces 3 bedroom (39 units) 78 covered Guest and open parking 81 standard 27 open compact size ~_10%) Total provided: 156 covered, 108 open = 264 *Section 8.3 E of the Sunbow II SPA Plan stipulates that for RM and RC designations: "A combination of on and off-street parking on private streets may be used." Common Open Space/Recreational Areas: The applicant has prepared a conceptual landscape plan for the project. The Conceptual Plan includes a detailed description of the proposed open space/recreational area, located at the easterly~ portion of the project site (consisting a pool, cabana, and tot lot), as well as an open space pocket (with a barbeque area, picnic table and benches) at the westerly portion of the project. The City's Landscape Planner has determined that the proposed landscape plans meet the requirements of the City's Landscape Manual. However, specific details will be worked out in conjunction with the building permit applications. Page 5, Item No.: Meeting Date: 02/13/01 4. Analysis: As mentioned above, the Sunbow II SPA Plan (Site Utilization Plan) identifies the subject site ~s Planning Area 10, with a development potential of 214 dwelling units at a density of 27 du/ac (See Figure 2). The project proposes 117 units at buildout, at a density of 15 du/ac. The project site is a component of the overall Sunbow II Planned Community. A traffic analysis was conducted to assess the project's conformance to a previously adopted Final EIR (FEtR 88- 01), and concluded that the project was adequately addressed as part of FELR 88-01. Two issues of concern pertain to the project: 1) the adequacy of the distance from the main entry gate to the street curb to allow adequate stacking and maneuvering of vehicles entering and exiting the project; and 2) the proximity of the secondary entrance of the adjoining apartment development, located north of the project's main entrance on Medical Center Court. 1. The City Subdivision Manual Section 3-403.3 # 11 a requires that: Gates shall be a minimum of 150 feet (45m) away from the extension of the intersection street curb line, except upon approval by the City Engineer. The current site plan shows the distance from the street curb along Medical Center Court to the entrance gate is 80 feet. The required distance is 150 feet. The applicant is requesting a reduction in driveway throat length from 150' to 80' for the project. The recent traffic analysis addressed the applicant's request and concluded that the proposed entrance design at 80 feet provides for adequate stacking and queuing, especially during peak evening hours. The City's Engineering Division is in agreement with the conclusions of the traffic analysis, and requests that the applicant obtain the waiver from the City Engineer prior to the issuance of grading and improvement plan permits. Staff has included this requirement as a condition of approval. 2. The traffic analysis indicated that the secondary entrance for a proposed adjoining 336-unit apartment development (across Medical Center Court to the east), which is located approximately 85 feet north of the project's main entrance on Medical Center Court could result in potential conflicts. A traffic consultant and the City's Engineering Division evaluated this concern, and concluded that the secondary access of the adjoining apartment complex volume will not be enough to result in a conflict with the subject project's main entrance, and, therefore, the location of the secondary access driveway has been approved by City Engineering staff. However, to ensure that additional safety measures are provided, the City's Engineering Division has conditioned a Two-Way-Lefl-Tum lane be striped on Medical Center Court beginning from East Palomar Street to the northerly boundary of the adjoining apartment project site. This condition has also been included in the Design Review Conditions of Approval for the adjoining apartment project. Page 6, Item No.: Meeting Date: 02/13/01 5. Conclusion: As mentioned in the body of this report, the proposed project as conditioned, is in substantial conformance with the Sunbow II General Development Plan, Sectional Planning Area (SPA) Plan and associated regulatory documents. Thus staffrecommends approval of the Tentative Subdivision Map based on the findings and subject to the conditions listed in the attached City Council Resolution. FISCAL IMPACT The applicant has paid for all cost associated with the processing of the SPA amendment and will be responsible for paying corresponding Development Impact fees and other applicable development and processing fees, as they may be amended from time-to-time. Attachments: 1. Planning Commission Resolution and minutes 2. Locator 3. Figures 4. Ownership Disclosure Statement H:LttOME~PLANNING\StanD\Sunbow~Agenda Statements~PCS 01-03 Tivoli CC Agenda 13 Feb. 01.doc RESOLUTION NO. PCS-01-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISION MAP FOR TIVOLI VILLAS, WITHIN THE SUNBOW II PLANNED COMMUNITY AND PC ZONE DISTRICT. WHEREAS, a duly verified application for a tentative subdivision map was filed with the Planning and Building Department on August 11, 2000 by D.R. Horton Custom Homes ("Developer"); and, WHEREAS, said application requests approval to subdivide 7.8 acres into a single lot containing a total of 117 condominium units ("Project"); and, WHEREAS, the property is located on the west side of Medical Center Court and north of High Cloud Drive terminus within the Sunbow II Planned Community and P-C, Planned Community Zone District; and, WHEREAS, the Environmental Review Coordinator has determined that the project implements and falls under the purview of FEIR 88-01 and that no further environmental review is necessary; and WHEREAS, the Planning and Building Director set the time and place for a heating on the tentative subdivision map, and notice of said heating, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the heating; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., January 17, 2001 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said heating was thereafter closed; and, WHEREAS, the Planning Commission recommended tha~t the items discussed at the hearing which include: 1) the enforceability of a condition requiring the commemial center to maintain the slope along the westerly "panhandle" portion of the site; 2) the adequacy of common open space areas to serve the project; 3) the usage of reclaimed water for irrigation; and 4) the overall energy crisis for California, and how the project would contribute to the problem be included in the City Council agenda statement highlighting the Commission's position. WHEREAS, the Planning Commission has previously considered FEIR 88-01 and, therefore, no further environmental action by the Commission is necessary. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the Tentative Subdivision Map for Chula Vista Tract 01- 03 in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 17th day of January 2001, by the following vote, to wit: AYES: Willett, Oneill, McCann, Tho. mas, Ortes NOES: Castaneda, Hall ABSENT: None ABSTENTIONS: None Diana Vargas, Secretary Bob Thomas, Chairperson H:~lOME~PLANNING\StanD\Sunbow\Tentative Maps\Tivoli TM PC Reso.doc MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, January 17, 2001 276 Fourth Avenue, Chu~a Vista ROLL CALL/MOTIONS TO EXCUSE: Present: Chair Thomas, Commissioners Castaneda, Hall, Cortes, Willett, McCann and O'Neill Absent: None Staff Present: Jim Sandoval, Assistant Director of Planning and Building Luis Hernandez, Principal Planner Stan Donn, Associate Planner Klm Vander Bie, Associate Planner Ann Moore, Assistant City Attorney PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Willett 1. PUBLIC HEARING: PCS-01-03; Tentative Subdivision Map known as Tivoli Villas, Chula Vista Tract 01-03 for 117 units on 7.8 acres. Applicant D.R. Horton of San Diego Holding company, Inc. Background: Stan Donn, Associate Planner reported that the proiect consists of 117 condominium units in the Sunbow II Planned Community. Primary access to Sunbow II is Medical Center Drive, which continues south as Brandywine Avenue. To the west is the recently completed senior housing project with an adjacent apartment complex that is under construction, and a commercial center that is under construction at the corner of Medical Center Drive and E. Palomar Street. Sharp Hospital is located to the north and a future community park is proposed directly south of the site. The Sunbow II planned community is served by the Chula Vista Elementary School District and Sweetwater Union High School District. The Tentative Subdivision Map would subdivide 7.8 acres into a single lot containing 117 condominium units. This would then allow the housing units to be sold as individual condominium units and the land would remain under a common ownership with exclusive rights to used applicable fenced areas. The main project entry would be from Medical Center Court with 31 buildings along the periphery of the site and 8 buildings within an internal loop drive that is landscaped with pedestrian-compatible walkways throughout the site. The site contains a pan handle portion that extents west along the north side of the commercial center, for which an easement was granted for the maintenance of the slope by the commercial center. Staff is recommending that the HOA be required to maintain this area in the event that Planning Commission Minutes - 2 - January 17, 2001 the commercial center is unable to maintain it. The applicant has agreed to this condition as part of the DRC approval. An 8,100 sf recreation facility with a lagoon-style pool, Spa and tot lot will be a focal point from the main entrance, with a meandering walk-way connects the site to Davies Drive to the west and future community park to the south. The product type is California Spanish architecture with three plans ranging in size from 1,000 to 1,400 sf featuring 2 and 3 bedrooms and with at least one single car garage and 1 open space parking per unit. A future transit route is planned along Medical Center Court and will require a bus stop at the south side of the Tivoli main entrance, which will be a condition of the Tentative Map. Staff recommendation: That the Planning Commission approve Resolution PCS 01-03 recommending that the City Council approve Tentative Subdivision Map Chula Vista Tract 01-03 in accordance with the City Council Resolution. Commission Discussion: Cmr. Willett asked for clarification on: Who is responsible to maintain the pan-handle slope on this site; A required turn-out at the bus stop on Medical Center Drive Mr. Hernandez stated that the condo project granted to the commercial center this easement because the center needed it as a buffer to their development and the commercial center agreed to maintain the slope. Past experience has shown that the landscaping is the first that goes when commercial enterprises are not as successful as anticipated, in the unfortunate event that this were to occur and the commercial center does not uphold to their agreement, then this condition would ensure that the HOA maintains the easement. Mr. Donn further responded that the bus stop is designed in accordance with MTDB requirements and City standards. Furthermore, the volume of traffic on Medical Center Drive would not warrant having a bus turn-out. Commissioner Hall stated that in light of the energy crisis the State is facing, this is another one of those issues, like traffic, that in his opinion, the Commission needs to carefully consider ensuring that the necessary infrastructure and services are in place in order to sustain the growth and development that is being planned. Therefore, these are considerations that will weigh heavily upon his review of this and other projects coming down the pike. Commissioner O'Neill stated that as a representative to the Growth Management Oversight Commission, this is an issue that has been not been looked at in the past and is one that he will most definitely bring to the discussion table, however, the energy crisis, as well as traffic, are regional issues and need to be addressed at that level. Planning Commission Minutes - 3 - January 17, 2001 Commissioner Castaneda stated he too echoes Commissioner Hall's concerns. Additionally, based on the design and size of these units, it appears that the targeted market for these units would be as starter homes for families with small children, and although the project incorporates a small recreation area, with a pool and tot lot, he is concerned with the lack of adequate open space and/or a larger play area. Mr. Donn responded that there is an additional picnic and barbeque area on the southwest part of the project in addition to a meandering walkway that leads to the community park that will be abutting directly south of this project. The park is anticipated to be built and operating within approximately 2.5 to 3 years Furthermore, the project complies and goes beyond the open space requirements providing approximately 300 to 400 sf of additional private yards for approximately 2/3rds of the units. Commissioner Cortes inquired what the length of time would be between the completion of the project and the opening of the park. The applicant responded that the projected first occupancy completion date is December 2001 so there would be about 2 years before the park is available for use. Chair Thomas stated he too is somewhat concerned with the lack of open space in the project and the length of time from completion of the project to when the park is completed. Luis Hernandez responded that unlike other conventional condominium projects that have a larger common open space, this product provides larger private open space/yards, where families can entertain or have their children play in their own back yard, which market trends show that it has been a well-received feature. Commissioner O'Neill expressed concern with the vague wording on the condition that states that in the event that the commercial center is unable to maintain the pan-handle sloping easement, then it would be the HOA's responsibility to step in and do it. Ms. Moore responded that there is a standard provision that can be included in the CC&R's which would enable the City to step in and enforce any of the provisions of the CC&R's should they not be adhered to. Public Hearing Opened 7:08 John Dannon, representing owner, D.R. Horton, 1010 South Coast Highway, Suite 101, Encinitas, CA, clarified that the applicant will be extending its open-space irrigation system into the pan-handle easement in the event that it should be necessary to step in and take over the maintenance. Mr. Dannon further stated that based on the projected completion of the project, the completion date for the park would be approximately 6 months before the final occupancy for the project. With regard to the energy crisis, the project is designed and constructed utilizing state-of-the-art energy-efficient construction material. Planning Commission Minutes - 4 - January 17, 2001 Commissioner McCann inquired if there is any evidence that supports the idea that gated communities are safer. Additionally, Commissioner McCann expressed a desire to see stronger and clearly-defined language regarding the responsibility of the maintenance of the pan-handle easement. Mr. Dannon responded that the City presently doesn't have a gating policy and the applicant will be working with a representative from the Police Department in drafting some criteria for such a policy. Although he doesn't have any hard data to substantiate the premise that gated communities are safer, in his opinion they are, but more importantly in the minds of whom it matters most, the homeowners, they are safer. Public Hearing closed 7:15 MSC (Willett~McCann) (5-2-0-0) that the Planning Commission adopt Resolution PCS 01-03 recommending that the City Council approve Tentative Subdivision Map Chula Vista Tract 01- 03 in accordance with the City Council Resolution. Motion carried with Commissioners Castaneda and Hall voting against the motion. The Commission further directed staff to include as part of their report to the City Council their concerns, which are as follows: 1. Ensuring the maintenance of the easement by the Commercial Center or the HOA. 2. Concern with the timeline from when this project is completed and the new park is open for use. 3. Utilization of reclaimed water for irrigation. 4. Concern with strategy on how the City will deal with the energy crisis and its impact on this and other proiects. ATTACHMENT 2 GREG ROGERS SCHOOL GREG ROGERS PARK (Proposed) FUTURE PARK COMMERCIAL PARKVlEW ELEMENTARY SCHOOL SPA Bo; PARKWAY ~/~ PROJECT D.R, HORTON SAN DIEGO PROJECTDESCRIPT1ON: APPLICANT: HOLDING COMPANY TENTATIVE MAP N PROJECT HIGH CLOUD DRIVE AND ADDRESS: MEDICAL CENTER DRIVE Request: Tentative Map and Design Review Permit for a t17- i Unit multi-family project on approximately 7.8 acres. FILE NUMBER: The project proposes a (1) lot subdivision for · No Scale LOCATOR PCS - 01-03 condominiums. A ' '/'~ SUNBOW No Scale BOUNDARY STA'nSTICAL SUMMARY FIGURE 2 Site Utilization Plan Revised 6/20/00 _ Z © I~NI I/~NCI~I) SIDE ELEVA. TIONS TIVOLI VILLAS D.R. HORTON 70F~O ATTACHMENT 4 Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will required discretionary action on the part of the Cit~/ Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is ~ubject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. D.R. HORTON ACl SUNBOW, LLC 2. If any person' identifies pursuant to (1) above is a corporation or partnership, list the names of al individuals owning more than 10% of the shares in the corporation or owning any partnership interesl in the padnership. NIA 3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names ot any person serving ass director of the non-profit organization or as trustee or beneficiary or trustor ol the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes.__ No X If yes, please indicate person(s): NIA 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you .before the City in this matter. JOHN DANNAN. D.R. HORTON LEX WILLIMAN. HUNSAKER & ASSOCIATES MARC PERLMAN, D.P,. HORTON JAMIE STARCK, STARCK ARCHITECTURE & PLANNING TROY BURNS. HUNSAKER & ASSOCIATES JOHN PATTERSON. GILLESPIE DESIGN GROUP INC. 6. Have you and/or your officers or agents, in the aggregate, contributed mom than $1,000 to a Councilmember in the current or preceding election period? Yes__ No X If yes, state which councilmember(s): (NOTE: A TTACH ADDITIONAL PAGES AS NECE$SARY~///~ /'2' ~" / ~urg'~y~[ontractor/applicant MARC PERLNIAN. D.R_ HORTON Print or type name of contractor/applicant * Person is defined as: ",4~' indivqdual, firm. co-partnership, joinl venture, as$ociatior~ social cloth..fraternal organication, corporation, estate, trust, receiver, .~ndicate. th~ and any other count,, ci~tv and couray_, city municipality, district, or other political RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING A TENTATIVE SUBDIVISION MAP FOR TIVOLI VILLAS, CHULA VISTA TRACT- 01-03, AND MAKING THE NECESSARY FINDINGS. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit "A- I-A-3" attached hereto and incorporated herein by this reference, and for the purpose of general description herein, consists of 7.8 acres located on the west side of Medical Center Court and north of Davies Drive terminus ("Project site"); and, B. Project; Application for Discretionary Approval WHEREAS, on August 15, 2000 D.R. Horton San Diego Holding Company, Inc. ("Applicant") filed an application with the Planning and Building Department of the City of Chula Vista requesting approval of a tentative subdivision map known as Tivoli Villas, Chula Vista Tract ~)1-03 ("Project"); and, WHEREAS, the project consists of a single lot containing 117 condominium units, private streets, recreational facilities and common landscaping area; and, C. Prior Discretionary Approvals WHEREAS, the subject property has been the matter of 1) a prior General Development Plan resulting in the current land use designations as shown on the Sunbow II General Development Plan, previously approved by City Council Resolution No. 15427 on December 5, 1989; 2) Sunbow II Comprehensive Affordable Housing Program, previously approved by City Council Resolution No. 15427, and Ordinance No. 2346 on December 5, 1989; 3) Sunbow II Public Facilities Financing Plan, previously approved by City Council Resolution No.15525 on January 24, 1990; 4) The Sunbow II Sectional Planning Area (SPA) Plan, previously approved by Resolution No. 15524 on February 20, 1990; 5) Sunbow II Planned Community District Regulations and Land Use District Map, previously approved by Ordinance No. 2361 on February 27, 1990; 6) Sunbow II Design Guidelines, previously approved by City Council Resolution 15640 on May 22, 1990; 7) Sunbow II Tentative Subdivision Map (TSM 90-07), which was approved by Resolution No. 115640 on May 22, 1990; and 8) Sunbow II Village Center SPA Amendment (PCM 00-18) approved by Resolution No. 2000-221 on June 20, 2000; and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on January 17, 2001 and voted to recommend that the City Council approve the project based upon the findings and subject to the conditions listed below; and, Resolution No. Page No.2 E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notice of said hearing, together with its purpose given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing. NOW THEREFORE BE IT RESOLVED THAT thc City Council hereby find, determine and resolve as follows: H. PLANNING COMMISSION RECORD The proceedings and all evidence on the Projcct introduced before the Planning Commission at their public hearing on this Project, held on January 17, 2001 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA Thc City Council hereby determines this project was covered under previous Sunbow II Final EIR 88-01 and Addendum to Final EIR 88-01, and therefore no further action is required in accordance with the requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. TENTATIVE SUBDIVISION MAP FINDINGS: A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for Tivoli Villas, Chula Vista Tract 01-03, is in conformance with the Sunbow II General Development Plan, Sunbow II Sectional Planning Area (SPA) Plan and the various elements of the City's General Plan, based on the following findings: 1. Land Usc: The Sunbow II SPA Plan (Site Utilization Plan) identifies the subject site as parcel Planning Area 10A, with a development potential for 214 dwelling units. The proposed 117-unit condominium project is 97 units less than permitted for this parcel and is therefore in substantial conformance with the Sunbow II GDP and the City's General Plan. 2. Circulation: All on-site and off-site streets required to serve the subdivision will be constructed in accordance with the City design standards and/or requirements for private streets, and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing: Resolution No. 18662 adopted by the City Council on August 7, 1990, requires the master developer (Sunhow) to provide ten percent of the total number of units allowed in the Sunbow II Planned Community for low- and moderate- income households. In 1990, the City Council approved a comprehensive Resolution No. Page No.3 affordable housing program for the Sunbow II Master Planned Community. The program outlines the number of units to be provided, the construction timing and delivery of units. The master developer has entered into an agreement with the City to provide the required affordable housing, as specified in the affordable housing program. This requirement has been met by the construction of 132 Senior Housing units within Planning Area 6. 4. Conservation: The previous environmental impact report, Sunbow Il Final EIR 88- 01 and Addendum to Final E1R 88-01, addressed the goals and policies of the Conservation Element of the General Plan, and found that the development of this site to be consistent with these goals and policies. 5. Parks and Recreation, Open Space: The Sunbow II GDP and SPA Plan provides for a 10-acre future Community Park, located directly south of the project site; and meets the General Plan requirement for park land (3-acres/1000 persons). The project provides a connection to the future public park via an ADA compliant walkway west of the project site. The project also provides an 8,100 square foot recreational facility consisting: a swimming pool, spa, barbecue area, and tot-lot. 6. Seismic Safety: The proposed subdivision is in conformance with the goals and objectives of the Seismic Element of the General Plan. There are no known active faults underlying the project site. 7. Safety: The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the subdivision, as conditioned, is in substantial conformance with adopted City policy for emergency services. 8. Noise: The project is required to meet existing standards for residential development. All dwelling units must be designed to preclude interior noise levels over 45 dBA, and exterior noise exposure to 60 dBA in accordance with the City's performance standards and the noise level standards of the Uniform Building Code. 9. Scenic Highway: The project is not adjacent to scenic highways. 10. Bicycle Routes: Bicycle routes as prescribed in the Sunbow II SPA Plan have been incorporated. 11. Public Buildings: No public buildings are proposed on the project site. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. Resolution No. Page No.4 C. The configuration, orientation and topography of the site partially allow for the optimum siting of lots for passive or natural heating and cooling opportunities as required bY Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Tentative Subdivision Map, which is stated to be conditioned on "General Conditions", is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Map, Chula Vista Tract No. 01-03, Resolution No. Sunbow II Final EIR 88-01, Addendum to Final EIR 88-01 and Mitigation Measures, except as modified by this Resolution. B. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Sunbow II Final EIR 88-01 and Addendum to Final EIR 88-01. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, developer shall comply with all conditions of approval of the Sunbow II Master Tentative Map, Chula Vista Tract 90-07, established by Resolution No. 15640 and approved by Council on May 22, 1990; and shall remain in compliance with and implement the terms, conditions and provisions of the Sunbow II Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Air Quality Improvement Plan, Residential Design Guidelines, including landscaping criteria and Public Facilities Financing Plan as may be amended from time to time, and as are applicable to the property which is the subject matter of this tentative map, prior to approval of the Final Map, or shall have entered into an agreement with the City, providing the City with security (including recordation of covenants running with the land) and implementation procedures, as the City may require, assuring that after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such plans. Resolution No. Page No.5 D. Implement Public Facilities Financing Plan Developer shall install Public facilities in accordance with the Sunbow II Public Facilities Financing Plan, as amended or as required by the City Engineer to meet the Growth Management threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such modifications. E. Design Approval The applicant shall develop the condominium project in accordance with the applicable Sunbow II Planned Community District Regulations and Design Guidelines, and as conditionally approved by the City's Design Review Committee on December 11, 2000 as set forth in letter of conditional approval dated December 12, 2000. F. Project Phasing If phasing is proposed within an individual map, or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of the first final map. The phasing plan shall include: 1. A site plan showing the phase lines and phase numbers and number of dwelling units and the corresponding parking spaces required in each phase. 2. A table showing the phase number and number of units included in each phase. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation, and to meet the requirements of police and fire departments. The City Engineer and Planning and Building Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision(s). G. Tentative Subdivision Map Conditions Prior to approval of the first final map, unless otherwise indicated, the developer shall: STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 1. Guarantee the construction of all and construct all improvements (streets, sewers, drainage, utilities, etc.) deemed necessary to provide service to such lot or unit in accordance with City standards. Such guarantee shall, at the option of the City, be bonded in a form satisfactory to the City. (Engineering) Resolution No. Page No.6 2. Provide notarized letters of permission for all off-site grading and construction of improvements. (Engineering) 3. Designate all streets within the development to be private. Detailed horizontal and vertical alignment of the centerline of said streets shall be reflected on the improvement plans for said developments. Design of said streets shall meet the City standards for private streets or as approved by the City, and shall be designed to the satisfaction of the City Engineer and Fire Marshall. Waivers shall only be granted upon submittal and approval of appropriate studies, which demonstrate that no safety concerns are compromised; and a statement shall be submitted and signed by the Engineer of work to that effect. (Engineering, Fire) 4. Design all public street vertical and horizontal curves and intersection sight distances, including private driveways, which intersect public streets, to conform to the CalTrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves, must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual. Lighted sag vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. (Engineering) 5. Construct sidewalks, pedestrian ramps on all common walkways, and parking areas as shown on the pedestrian hardscape plan to meet "Americans with Disabilities Act" (ADA) standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards, and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. (Engineering, Planning & Building) 6. Obtain a waiver from the City Engineer for a reduction in driveway throat from 150 feet to 80 feet prior to issuance of grading and improvement permits. (Engineering) 7. Dedicate only sewers and storm drains within public rights-of-way to be publicly maintained. All sewers and storm drains within thc subject property shall be privately maintained. (Engineering) 8. Provide water pipelines for reclaimed water as approved by the Public Works Director and the Otay Water District. (Engineering) 9. Submit for approval by the City Engineer proposed private streets construction phasing prior to the approval of any Final Map. (Engineering) Resolution No. Page No.7 GRADING AND DRAINAGE 10. Submit for approval by the City Engineer a grading plan in accordance with the City of Chula Vista Grading Ordinance and in conformance with the Subdivision Manual. Provide graded access to all storm drain structures, including inlet and outlet structures as required by the City Engineer. Paved access shall be provided to drainage structures located in the rear yard of any lot. (Engineering) 11. Provide a paved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. (Engineering) 12. Submit calculations to demonstrate the adequacy of downstream drainage structures, pipes and inlets as required by the City Engineer. (Engineering) 13. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. (Engineering) 14. Designate on the plans as private, to the point of connection with the public system, all storm drain systems that collect water from private property. (Engineering) 15. Designate as private and maintain by Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&Rs conditions and restrictions to assure proper maintenance. (Engineering) 16. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of the grading plans. (Engineering, Planning) 17. Enter into an agreement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this project. (Engineering) 18. Submit a list of proposed units, prior to approval of the corresponding Final Map, indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the first final map. (Engineering) 19. Submit tentative map, "as-built" improvements and grading plans and final map as required by the City Subdivision Manual. Additionally, provide the City said plans and final maps in a digital D.X.F. file format. (Engineering) AGREEMENTS 20. Permit all franchised cable television companies ("Cable Company") equal opportunity to place conduit to and provide cable television service for each lot Resolution No. Page No.8 within the subdivision. The developer shall enter into an agreement with all participating Cable Companies which shall provide, in part, that upon receivin, g written notice from the City that said Cable Company is in violation of the terms and conditions of the franchise granted to said Cable Company, or any other terms and conditions regulating Cable Company in the City of Chula Vista, as same may from time to time be amended, Developer shall suspend Cable Company's access to said conduit until City otherwise notifies Developer. Said agreement shall be approved by the City Attorney prior to Final Map approval. (Engineering) 21. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers, or employees, to attack, or set aside, void or annul any approval by the city, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. (Planning/Engineering) 22. Agree to include provisions in the Declaration of Covenants, Conditions and Restrictions assuring maintenance of all streets, driveways and drainage systems, which are private. The City of Chula Vista shall be named as a party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. All the individual homeowners of the project shall own all private streets jointly and inseparably. (Planning/Engineering) MISCELLANEOUS 23. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building the formation of a Homeowner's Association (HOA), or another financial mechanism acceptable to the City Manager. (Planning/Engineering) The HOA shall be responsible for the maintenance of all improvements within the project boundaries other than the individual condominium units contained therein. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the other financial mechanism. The City Attorney shall approve the HOA formation documents. CC&Rs for the Project shall be submitted to the Planning and Building Department for review and approval and shall include: a) Maintenance of all facilities located within open space, recreational or other common areas including, but not be limited to: walls, fences, lighting structures, paths, trails, access roads, recreational amenities and structures, sewage facilities, drainage structures and landscaping shall be by Homeowner's Association. The project contains a slope protrusion north of the commercial center to the west of the site, which is Resolution No. Page No.9 currently maintained by the commercial center. The HOA shall provide for the landscaping and maintenance of the slope in the event that the commercial center should fail to meet its obligation. b) Include language in the CC&Rs establishing the HOA responsibility to maintain all streets, drainage and sewer systems that are private. Said private streets shall be maintained in perpetuity by the HOA and no request shall be made for future maintenance by the City. c) Include language in the CC&Rs establishing the HOA responsibility to maintain all perimeter fencing in accordance with the established guidelines set forth in the Sunbow II SPA Plan and as approved by the City's Design Review Committee. d) Name the City of Chula Vista as a party to the CC&Rs, with the authority, but not the obligation, to enforce the terms and conditions of the CC&Rs. e) Include language in the CC&Rs for the project specifying that individual owners may not modify the location, materials, height or otherwise alter the established rear yard fencing. f) Include language stating that before any revisions to provisions of the CC&Rs that may particularly affect the City, said revisions shall be approved by the City, and that the HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA. g) The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. h) The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. i) The H0A is required to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. j) The CC&Rs shall incorporate restrictions relating to architectural control and indicate to what extent, if any, exterior modifications may be made by the individual homeowner. k) The CC&Rs shall include provisions assuring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. Resolution No. Page No. 10 1) The CC&Rs shall include provisions which require that all common areas including but not limited to private streets, drives, open space areas, paths, trails, recreational amenities, drainage pipes and structures and landscaping shall be maintained using Best Management Practices in accordance with CVMC Chapter 14.20 to reduce the introduction of pollutants to the public storm water systems. m) The CC&Rs shall include provisions in prohibiting the installation of speed bumps. n) The HOA shall provide for the landscaping and maintenance of the slope panhandle portion of the site north of the commercial center in the event that the commercial center should fail to meet its obligation. 24. The boundary of the subdivision shall be tied to the California Coordinate System- Zone VI (1983). 25. Install fire hydrants, to be tested and fully operational prior to any combustible materials being placed on site, to the satisfaction of the Fire Marshal. 26. Construct a 5- to 6-foot high noise barrier along the perimeter of the site in accordance with Noise Analysis (Dudek & Associates, 9/28/00). 27. Provide an interior noise analysis for residences located along the southern portion of the site prior to issuance of building permits to ensure that the interior DNL would not exceed 45 dB to meet the interior noise standard. This includes air- conditioning or mechanical ventilation. Some units may require sound-rated windows. 28. Provide required bus facilities to the satisfaction of the City's Transit Coordinator. 29. Provide a mylar copy of the tentative map. CODE REQUIREMENTS 30. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act, the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 31. Underground all utilities within the subdivision in accordance with Municipal Code requirements. ¢37 Resolution No. Page No. 11 32. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlement and market conditions, shall govern Sunbow II development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 33. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: a) The Transportation and Public Facilities Development Impact Fees. b) Signal Participation Fees. c) All applicable sewer fees, including but not limited to sewer connection fees. d) Interim SR-125 impact fee. e) Telegraph Canyon (Gravity Flow) Sewer Basin DIF. f) Telegraph Canyon Basin Drainage DIF. g) Telegraph Canyon Sewer Pumped Flow DIF. h) Applicable school district fees. 34. Pay the amount of said fees in effect at the time of issuance of building permits. 35. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. 36. Comply with section 19.56.020 of the Chula Vista Municipal Code in terms of required enclosed storage space requirements for each dwelling unit. 37. Comply with all aspects of the City of Chula Vista Landscape Manual. 38. he applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: Tlareshold Standards (19.09.04), Public Facilities Finance Plan implementation (19.09.090), and Public Facilities Finance Plan amendment procedures (19.09.100). Resolution No. Page No.12 vi. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City=s approval of this Resolution. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Cotmcil that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Robert A. Leiter J~hn ~-ff6ffah~ ' Director of Planning & Building City Attorney (H:\HOME\PLANNING\StanD\Sunbow\Tentative Maps\Tivoli TM CC Reso.doc) February 8, 2001 MEMO TO: City Clerk ~._~,y,J FROM: Patty Wesp SUBJECT: RATIFICATION OF APPOINTMENT - FEB 13, 2001 At the request of Mayor Horton, would you please calendar the following item under Mayor's Report for the 2/13/2001 meeting: Ratification of Appointment to the Housing Advisory Commission Greg Alabado - Ex-Officio Thank You. cc: Mayor Shirley Horton Armando Buelna Patricia Salvacion