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Home My WebLink AboutAgenda Packet 2001/06/19 CITY COUNCIL AGENDA June 19, 2001 4:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~~ ~ - - - - , ~ .............;:. --- ....;:. --- ........ ........ ~"""'-- CllY 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 17 or Chula Vista Cable Channel 47 ********** - -..-.--..-..-- --..-.---.----..... AGENDA June 19,2001 4:00 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: MARY JO BUETTNER - COMMISSION ON AGING . PRESENTATION OF A PROCLAMATION TO ANDY CAMPBELL, DIRECTOR OF PARKS AND RECREATION, AND BRIAN COX, PRINCIPAL RECREATION MANAGER, PROCLAIMING THE MONTH OF JULY AS PARKS AND RECREATION MONTH . PRESENTATION OF A PROCLAMATION TO MARIE CRUZ, PRESIDENT OF PACIFIC ISLANDER FESTNAL ASSOCIATION, PROCLAIMING JULY 14 AND JULY 15,2001 AS PACIFIC ISLANDER FESTIVAL DAYS CONSENT CALENDAR (Items 1 through 14) 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 June 12, 2001, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; REJECTING THE APPARENT LOW BID DUE TO A LISTED SUBCONTRACTOR NOT HAVING A STATE CONTRACTOR'S LICENSE; AND AWARDING CONTRACT FOR THE UPGRADE OF CIVIC CENTER LIBRARY HEATING, VENTILATION AND AIR CONDITIONING (HV AC) EQUIPMENT (PROJECT GG166) TO LEMON GROVE SHEET METAL IN THE AMOUNT OF $389,400 On March 21, 2001, the Public Works Department received sealed bids for this project. The project includes: 1) the repair and replacement of portions of the existing heating, ventilating, and air conditioning systems, which includes the air handling equipment, ductwork, and piping and controls; 2) cleaning of the existing duct systems; and 3) all labor, material, equipment, and transportation necessary for the project. This project was approved as part of the Fiscal Year 2000/2001 CIP Program. (Director of Public Works) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE THREE-BID REQUIREMENT AND AUTHORIZING THE CORKY MCMILLIN COMPANIES TO CONSTRUCT AND RECENE CREDIT OR REIMBURSEMENT FOR THE DEVELOPMENT IMPACT FEE-ELIGIBLE COMPONENTS OF THE POGGI CANYON TRUNK. SEWER FROM LA MEDIA ROAD TO PASEO RANCHERO STREET The City Engineer received a letter dated August 28, 2000, from the Corky McMillin Companies requesting Development Impact Fee (DIF) reimbursement for the construction of the Poggi Canyon sewer line from La Media Road to Paseo Ranchero Street. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NOS. TWO AND THREE FOR THE OLYMPIC PARKWAY STREET IMPROVEMENTS FROM OLEANDER AVENUE TO BRANDYWINE AVENUE (PROJECT ST-344), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY On November 14, 2000, Council approved Resolution No. 2000-416, awarding a contract in the amount of $1,974,280 (plus contingencies of $394,856) to West Coast General Corporation for this project. Change order no. two, in the amount of$152,016, is for the creation of an intersection at Concord Way, including the installation of a traffic signal and striping modifications at Concord Way. Change order no. three, in the estimated amount of$125,000, is for the modification of the sound wall design and location on the south side of Olympic Parkway. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH SOFTWARE HOUSE INTERNATIONAL (SRI) IN THE AMOUNT OF $134,270.73 FOR VARIOUS MICROSOFT LICENSES REQUIRED FOR THE CITYWIDE NETWORK AND INDNIDUAL COMPUTER WORKSTATION APPLICATIONS Page 2 - Council Agenda 06/19/01 As a result of an internal audit and citywide implementation of various new Microsoft products, it has been determined that the City must purchase additional software licenses to be compliant with licensing requirements. The City has successfully participated in a State of California master agreement with Microsoft Corporation for the purchase of Microsoft products at discounted rates through approved large account resellers. The total cost of the requested order to SHI exceeds the City Manager's approval limit and, therefore, requires Council approval. (Deputy City Manager Powell/Director of Management and Information Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY, AND APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS (4/5THS VOTE REQUIRED) The Council Policy on financial reporting and transfer authority requires that all departments complete the fiscal year with a positive balance in each budget summary (Employee Services, Supplies and Services and Capital Outlay). In order to comply with the intent of the policy, certain transfers and appropriations are recommended. (Deputy City Manager Powell) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2001/2002 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS On May 8,2001, Council approved CDBG funds in the amount of $317,100 for fifteen public service programs; $144,050 for three community project programs; $49,759 for three economic development programs; $224,500 for three non-profit capital improvement projects; $857,702 for four City capital improvement projects; and $422,800 for administration and planning/coordination activities. The U.S. Department of Housing and Urban Development requires a written agreement between the City and each sub-recipient receiving CDBG and HOME funds. (Director of Community Development) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR USE OF THE TENNIS CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Agenda 06/19/01 Adoption of the resolution will approve acceptance of the early termination effective June 30, 2001, of the existing agreement between the City and Southwestern Community College District for use of the Tennis Center at Southwestern College per provisions in the original Joint Use Agreement initiated November 2, 1971. Adoption of the resolution also approves a new agreement transferring control of, and responsibility for, the Tennis Center to the District who will provide continued public access to the Tennis Center courts; develop a year-round, comprehensive community tennis program at the Center; develop a satellite tennis program for youth and adults; and establish an advisory board to provide input into the operation and programming of the Center. (Director of Parks and Recreation) Staff recommendation: Council adopt the resolution. 9A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THIRD AMENDMENT TO THE CONTRACT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU SERVICES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SEVENTH AMENDMENT TO THE CONTRACT WITH THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2001/2002 BUDGET FOR THE CHULA VISTA CONVENTION AND VISITORS BUREAU INFORMATION CENTER According to Council Policy #230-01, Council considers adoption ofa budget and related contract for the Chula Vista Visitors and Convention Bureau (CVConvis) annually. The budget and contract for operation of the Chula Vista Visitors Information Center also receives yearly approval. As part of the contract, CVConvis looks at new ways to increase revenues and visibility for Chula Vista. For example, CVConvis has proposed submitting an application for the Visitors Information Center to become an official California Welcome Center. (Deputy City Manager Palmer/Public Information Officer) Staff recommendation: Council adopt the resolutions and direct staff to work with CVConvis on applying for designation as an official California Welcome Center for the Visitors Information Center. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR SPECIAL EVENT PERMITS FOR TIDELAND USE FROM THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE SUMMER LEGACY CONCERT, MAKE A CIRCUS, HARBOR DAYS AND TALL SHIP FESTIVAL, AND TASTE OF THE ARTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME The City is sponsoring or co-sponsoring three large special events and one smaller event on Chula Vista's bayfront within the next year. Since these events are being partially or completely operated on property owned by the San Diego Unified Port District, the Port District is requiring the City to submit special event permits for tideland use. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda 06/19/01 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DASH (DYNAMIC AFTER SCHOOL HOURS) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM; AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU The current MOU between the City and the Chula Vista Elementary School District, in effect until June 30, 2001, authorizes the operation of two after school programs at elementary school sites. The STRETCH Program, with its emphasis on literacy and arts enrichment, is offered at eight district schools; and the DASH Program, a structured sports and recreation program, is offered at 14 district schoo Is. The budget for Fiscal Year 2001/2002 is based on the proposed expansion of the DASH program from fourteen to eighteen sites. Adoption of the resolution will approve an updated MOU between the City and the Chula Vista Elementary School District for Fiscal Year 2001/2002. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND ACCEPTANCE OF STATE OF CALIFORNIA NATURAL COMMUNITY CONSERVATION PLANNING (NCCP) GRANT FUNDS FOR RETAINING BIOLOGICAL CONSULTING SERVICES TO COMPLETE A BASELINE BIOLOGICAL STUDY FOR APPROXIMATELY 1,350 ACRES OF HABITAT PRESERVE LAND IN THE CHULA VISTA CENTRAL CITY PRESERVE MANAGEMENT AREA B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND ACCEPTANCE OF STATE OF CALIFORNIA NATURAL COMMUNITY CONSERVATION PLANNING (NCCP) GRANT FUNDS FOR RETAINING BIOLOGICAL CONSULTING SERVICES TO COMPLETE THREE AREA-SPECIFIC MANAGEMENT DIRECTNES COVERING APPROXIMATELY 450 ACRES EACH OF HABITAT PRESERVE IN THE CHULA VISTA CENTRAL CITY PRESERVE MANAGEMENT AREA The City anticipates receiving its Multiple Species Conservation Program (MSCP) take- authorization from the wildlife agencies by January 2002. Under the proposed take- authorization, the City would be obligated to conduct a baseline biological study and complete Area-Specific Management Directives (ASMDs) for approximately 1,350 acres of habitat preserve lands in the Central City Preserve Management Area. The City is making a grant application to the California Department ofFish and Game for $227,666 to allow the City to hire consultants to perform a baseline biological study and complete the ASMDs for the 1,350-acre habitat preserve area. (Director of Planning and Building) Staffrecommendation: Council adopt the resolutions. Page 5 - Council Agenda 06/19/01 ------ 13 A. REPORT ON THE APPLICATION FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (TRIMARK SAN MIGUEL RANCH) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) FOR THE SAN MIGUEL RANCH DEVELOPMENT, APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT In compliance with Council policy, NNP- Trimark San Miguel Ranch, LLC submitted an application for establishing Community Facilities District No. 2001-1 to fund the acquisition or construction of certain interim transportation facilities serving Chula Vista, and development improvements serving the Trimark San Miguel Ranch properties, in the amount of approximately $14.9 million. (Director of Public Works) Staff recommendation: Council accept the report and adopt the resolution. 14 A. REPORT ON THE APPLICATION FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN SPA'S - VILLAGE SIX AND A PORTION VILLAGE SEVEN) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2001-2 (OTAY RANCH - PORTIONS OF VILLAGE 6 AND VILLAGE 7), APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT In compliance with Council policy, McMillin Otay Ranch, LLC submitted an application for establishing Community Facilities District No. 2001-2 to fund the construction of certain interim transportation facilities serving Chula Vista, and development improvements serving the McMillin's Otay Ranch SPAs - portions of Village Six and Village Seven properties in the amount of approximately $15.3 million. (Director of Public Works) Staff recommendation: Council accept the report and 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. Page 6 - Council Agenda 06/19101 PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 15. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 2001/2002 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 10 Based upon the advice of the City Attorney, agenda items 15 and 16 were separated from agenda item 17 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this district. Council should note that agenda item 17 gives all background information and details on open space districts in general, which is applicable to this item, but does not include specific information on Open Space District 10. (Director of Public Works) Staff recommendation: Council conduct the public hearing and direct staff to return on July 24,2001 at 6:00 p.m. for the second scheduled public hearing. 16. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 2001/2002 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 14 Based upon the advice of the City Attorney, agenda items 15 and 16 were separated from agenda item 17 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this district. Council should note that agenda item 17 gives all background information and details on open space districts in general, which is applicable to this item, but does not include specific information on Open Space District 14. (Director of Public Works) Staff recommendation: Council conduct the public hearing and direct staff to return on July 24,2001 at 6:00 p.m. for the second scheduled public hearing. 17. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 2001/2002 LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1 THROUGH 9, 11, 15, 17, 18,20,23,24,26,31,33, BAY BOULEVARD, TOWN CENTRE MAINTENANCE DISTRICTS, AND EASTLAKE MAINTENANCE DISTRICT NO.1 The City administers 25 open space districts, established over the last thirty years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting from that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for proposed open space maintenance. The City Engineer has prepared and filed reports on assessments for all existing open space districts. On May 29, 2001 Council approved said reports and set two public hearings. The second hearing is scheduled for July 24,2001. (Director ofPublic Works) Staff recommendation: Council conduct the public hearing and direct staff to return on July 24,2001 at 6:00 p.m. for the second scheduled public hearing. Page 7 - Council Agenda 06/19/01 18. CONSIDERATION OF APPROVAL OF A TENTATIVE SUBDIVISION MAP TO DEVELOP NINE LOTS FOR SINGLE-FAMILY HOMES AT THE WESTERN EXTENSION OF EL LORO STREET (APPLICANT: DAN IRWIN) The developer requests approval for a nine-lot subdivision known as Vista Del Loro, a western extension of El Loro Street. The project site is located in an existing single- family residential zone, with a Montgomery specific plan land-use designation of low- medium density residential (6 - 11 dwelling units per acre), and a general plan land-use designation oflow-medium residential. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing, approve the Mitigated Negative Declaration, and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING APPROVAL AND IMPOSING CONDITIONS FOR THE VISTA DEL LORO TENTATIVE SUBDNSION MAP, A 2.03-ACRE, NINE-LOT SUBDIVISION FOR SINGLE-FAMILY DWELLING UNITS LOCATED AT THE WESTERLY TERMINUS OF EL LORO STREET, CHULA VISTA TRACT NO. 01-04 19. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE BY REZONING FRIENDSHIP PARK FROM C-O (ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE) TO P-Q (PUBLIC/QUASI-PUBLIC ZONE) This city-initiated request would rezone Friendship Park from C-O (Administrative and Professional Office Zone) to P-Q (Public/Quasi-Public Zone) for the purpose of reflecting the existing land use of the property. The rezoning would be consistent with the General Plan and would bring the property into compliance with Title 19 of the Municipal Code and amend the Zoning Map. The proposed P-Q zone classification includes public parks as a permitted use. (Director of Community Development) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE BY REZONING FRIENDSHIP PARK FROM C-O (ADMINISTRATNE AND PROFESSIONAL OFFICE ZONE) TO P-Q (PUBLIC/QUASI-PUBLIC ZONE) ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Page 8 - Council Agenda 061l9/01 20. CONSIDERATION OF APPROVAL OF THE EASTLAKE TRAILS FIRST- TIME HOMEBUYER PROGRAM AND THE DENSITY BONUS INCENTIVES Eastlake Development Corporation is proposing the development of 123 for-sale units, which include 33 affordable units to be sold to qualified low-income, first- time homebuyers earning at or below 80% of the Area Median Income, depending upon household size. (Director of Community Development) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EASTLAKE TRAILS FIRST-TIME HOMEBUYER PROGRAM AND THE DENSITY BONUS INCENTIVES ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 21. CITY MANAGER'S REPORTS A. Scheduling of meetings. 22. MAYOR'S REPORTS 23. COUNCIL COMMENTS CLOSED SESSION 24. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) . One Case 25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) . Miller v. City ofChula Vista (SBSC GIS 5987) . Tuchscher Development Enterprises, Inc. v. City ofChula Vista (case no. SDSC GIC 758620) ADJOURNMENT to an Adjourned Regular Meeting on June 28, 2001 at 4:00 p.m. in the Council Conference Room, and thence to an Adjourned Regular Meeting on July 10, 2001 at 4:00 p.m. in the Council Chambers, and thence to the Regular Meeting of July 10,2001 at 6:00 p.m. in the Council Chambers. Page 9 - Council Agenda 06/19/01 I May 24, 2001 MEMO TO: City Clerk ~ FROM: Patty Wesp ffi SUBJECT: SPECIAL ORDERS OF THE DAY - 6/26 Please schedule the following proclamation under Special Orders of the Day for the Jtme. 2((h Council meeting: "3VY\!'- Ic¡tb Proclaiming the Month of July as PARKS & RECREATION MONTH This has been requested via Rosemary Brodbeck. Thank You! Cc: Rosemary Brodbeck ex. i:70 rj :;L Armando Buelna Patricia Salvacion 4 . Pacific Islander Festival Association . .? Melanesia - Micronesia - Polynesia . . 2001 Theme: Pacific Islanders, the Pearls of the Pacific '. 619-699-8797 W+ ak. rdoþ. CUot-. KM. tJu.. 7,,~. K.J.. -mat.Jo. -mçJ., ttdu. ~..k. 7(~ ~ ~ Web.. - On the weekend of uly 14 and 15, 2001 e will celebrate the Seventh Annual Pacific Islander Festival of an lego. WI be held at Southwestern College in Chula Vista. This celebration is free to the public and the entire affair is underwritten by the fundraising efforts of the volunteers for the Pacific Islander Festival Association and the generous contributions from GMAC Mortgage. Hawaiian Airlines and Cox Cable. The Pacific Islander Festival Association (PI FA) is providing an educational festival program booklet written by local participants, featuring articles specifically addressing our theme, "'P+ 7~. 1'k 1'~ ..¡ 1'k 1'+." We will illustrate our diversities through our ethnic food, educational and craft booths. Live performing entertainers will represent the various islands' cultures both days. PIFA is a nonprofit corporation composed of members from the peoples of Melanesia, Micronesia, and Polynesia. PIFA was founded to promote the following objectives: 1. To promote charitable and educational projects 2. To provide educational and cultural resources to everyone 3. To actively participate in the promotion and perpetuation of the traditional cultures of the peoples of Melanesia, Micronesia, and Polynesia 4. To create a financial resource program to provide scholarships 5. To enhance the knowledge and understanding of Pacific Islanders' traditions and values, and 6. To create an annual festival to share with the public. As this festival reaches its seventh year of celebration, the theme" 7l.e- 'PU<to4 "I-#..c 1'+ .. conveys the message that we, the Pacific Islanders, wish to showcase the jewels of each of our communities. The San Diego Pacific Islander Festival Association would be especially honored if you would be a guest in our VIP Tent on Saturday or Sunday. An opening procession with participation from representatives of the various Pacific Islander communities begins at 9:30 AM. Welcoming ceremonies will begin immediately after the invocation at approximately 9:45 AM. The San Diego Police Department will be presenting the colors. I am enclosing an event flyer and last year's program book. We wish to express our sincere appreciation for your support and participation in our Festival. We ask that you come attired in aloha dress. S; Yu'us Ma"""-{j'o, Fa'afetei and may God ble" you. Thank you for your /tort. ~ .' " . ¿ ~Æ~' . --'7 Marie .Cr,.á. President Marie E. Cruz, President P. O. Box 86046, San Diego, CA 92138 619-223-1005 fax 619-223-5692 e-mail: pifaaal@home.com website: www.Dacificislanders.com - .. '.--..-"--""-"'---"""."-"'----.'" ~{f? -.- r ~ -...; 1i:" 1i:" ---...,..-. -.-.-..... CITY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: June 13, 2001 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney ~¿ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 6/12/01 The City Council of the City of Chula Vista met in Closed Session on 6/12/01 to discuss: . CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C): One Case 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 : 19k I 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619)- 409.5823 7~"""'"""'_P'" .. - -' ,.--.-----..---... .. COUNCIL AGENDA STATEMENT Item L- Meeting Date: 6/19/2001 ITEM TITLE: Resolution Accepting bids; rejecting the apparent low bid due to a listed subcontractor not having a State Contractors' license; awarding contract for the "Upgrade of Civic Center Library HV AC Equipment" (GG 166) project to Lemon Grove Sheet Metal, in the amount of$389,400. SUBMITTED BY: Direct", ofPublicW mi5 ~ REVIEWED BY: &.t'-' (4/5ths Vote Yes_Nol) City Manager 1~.Ji)'P-' On March 21, 2001, the Public Works Department received sealed bids for the "Upgrade of Civic Center Library HV AC Equipment" (GG166) project. This project includes: 1) the repair and replacement of portions of the existing heating, ventilating, and air conditioning systems, which includes the air handling equipment, ductwork, and piping and controls; 2) cleaning of the existing duct systems; and 3) all labor, material, equipment, and transportation necessary for the project. This project was approved as part ofthe FY2000/01 CIP Program. RECOMMENDA nON: I. That Council reject the bid submitted by the apparent low bidder, Countywide Mechanical Systems Corporation for the" Upgrade of the Civic Center Library HV AC Equipment" in the City of Chula Vista. 2. That Council accept bids and award the contract for the "Upgrade of the Civic Center Library HV AC Equipment" in the City of Chula Vista, California (GGI66) project, to the second low bidder, Lemon Grove Sheet Metal in the amount of $389,400. BOARDS/COMMISSIONS RECOMMENDA nON: Not applicable DISCUSSION: This project for the upgrade of the Civic Center HV AC systems, approved as part of the FY 2000-01 CIP Budget, is a three-phase project. The original concept of this CIP project was the replacement of the existing HV AC systems, which have exceeded their life expectancy, thoughout the Civic Center complex. The first phase of this CIP project is for the repair and replacement of portions of the existing heating, ventilating and air conditioning systems including the air handling equipment, ductwork, piping and controls, at the Civic Center Library. This phase of the CIP project was designed and engineered to ensure environmentally "friendly" and energy efficient equipment and controls. In addition, the cleaning of the duct system will - I - '- ._-,-,--, --- ,,--..._----- Page 2, Item- Meeting Date 5/29/2001 dramatically improve the "Indoor Air Quality" of the building and increase the efficiencies of the overall HV AC system. It is anticipated that Phases two and three of this project will be completed in future fiscal years as needed. Public Works Operations and Engineering staff prepared the specifications and then advertised the project. Staff received and opened bids on March 21, 2001. Provided below is a summary of the bids received from six contractors: HVAC Duct CONTRACTOR Upgrade Cleaning Total Bid Amount Amount Amount 1. Countywide Mechanical Systems- $351,000 $25,000 $376,000 EI Cajon, California 2. Lemon Grove Sheet Metal- $379,600 $9,800 $389,400 Lemon Grove, California 3. General Air Conditioning- $378,700 $19,500 $398,200 San Diego, California 4. Able Heating & Air Conditioning $405,500 $10,920 $416,420 San Diego, California 5. Los Angeles Air Conditioning- $421,320 $7,680 $429,000 La Verne, California 6. Precise Construction Management- $490,000 $20,000 $510,000 San Diego, California The original apparent low bid, submitted by Countrywide Mechanical System Inc., was $376,000. However, one of the subcontractors listed in the bid proposal package did not have a California State Contractors' license. Based on the subsequent review of the said contractor's bid proposal by City staff, including the City Attorney's Office, it is recommended that the original apparent low bid, submitted by Countrywide Mechanical Systems Inc., be rejected by Council. The engineer's estimate for this project was $340,000. The amount for that portion of the proposal (which did not include a cost estimate for the cleaning of the duct system) from Lemon Grove Sheet Metal was $379,600, which is approximately 10 percent above the engineer's estimate. Staff believes this excess is due to the increased cost of labor as a result of the amount of commercial construction currently in progress within San Diego County. Staff has verified the contractor's references and certifications. Due to the scope of this project and the location of the demolition work being perfonned, closure of the Civic Center Library will be required for at least two days during this project. Furthennore, the Library will also be closed for one additional day, which will be scheduled over the weekend to remove the acoustical ceiling that contains asbestos material. A certified abatement contractor will remove this material, before the start of demolition. Public Works and Library staff will coordinate these closures dates in order to have a minimal impact on the public - ----.--------.-.-...-----.-.-- Page 3, Item- Meeting Date 5/29/2001 and any scheduled programs. The asbestos abatement is not in the scope of work or specifications for this phase of the CIP project. Staff is in the process of receiving proposals for abatement work and funds to complete this work will be provided from this CIP project. The second phase of this CIP project will be designed and engineered with energy efficient equipment and controls, which will be used in any future expansion of the Civic Center complex. This second phase will include the resizing and replacement of the cooling towers, chilled water pumps, piping, water source heat pumps, boilers and controls. Prior to the Civic Center expansion, some of the existing equipment within the second phase will be replaced because it has shown signs of deterioration and/or to improve energy efficiency of the equipment. Priorities for replacement of this equipment will be detennined by the condition of the equipment, the critical function of the equipment and the replacement costs. The remaining portions of the second and third phase, which includes equipment replacement at the Police Building, will be coordinated with the expansion of the Civic Center complex. FISCAL IMPACT: The cost of awarding the contract to upgrade the Civic Center Library HV AC equipment (GG166) is $389,400. This amount will be funded by Residential Construction Tax (RCT). Therefore, there is no fiscal impact to the General Fund. This project and funds were included in the FYOO/Ol CIP. G:IBob1A1l3 GGI66a.doc ;¡ _.. .-- .--- -,,-------_..- -- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; REJECTING THE APPARENT LOW BID DUE TO A LISTED SUBCONTRACTOR NOT HAVING A STATE CONTRACTORS' LICENSE; AND AWARDING CONTRACT FOR THE "UPGRADE OF CIVIC CENTER LIBRARY HVAC EQUIPMENT" (GG166) PROJECT TO LEMON GROVE SHEET METAL, IN THE AMOUNT OF $389,400 WHEREAS, on March 21, 2001, the Public Works Department received sealed bids for the "Upgrade of civic Center Library HVAC Equipment" (GG166) project; and WHEREAS, this project includes: 1) the repair and replacement of portions of the existing heating, ventilating, and air conditioning systems, which includes the air handling equipment, ductwork, and piping and controls; 2) cleaning of the existing duct systems; and 3) all labor, material, equipment, and transportation necessary for the project; and WHEREAS, this project was approved as part of the FY2000/01 CIP Program; and WHEREAS, Public Works Operations and Engineering staff prepared the specifications and then advertised the project; and WHEREAS, Staff received and opened bids on March 21, 200l. Provided below is a summary of the bids received from six contractors: HVAC Duct CONTRACTOR Upgrade Cleaning Total Bid Amount Amount Amount 1. Countywide Mechanical Systems- $351,000 $25,000 $376,000 EI Cajon, California 2. Lemon Grove Sheet Metal- $379,600 $9,800 $389,400 Lemon Grove, California 3. General Air Conditioning $378,700 $19,500 $398,200 San Diego, California 4. Able Heating & Air Conditioning $405,500 $10,920 $416,420 San Diego, California 5. Los Angeles Air Conditioning- $421,320 $7,680 $429,000 La Verne, California 6. Precise Construction Management- $490,000 $20,000 $510,000 San Diego, California 1 c? 1/ _. _-... ------- WHEREAS, the original apparent low bid, submitted by Countrywide Mechanical System Inc., was $376,000; and WHEREAS, one of the subcontractors listed in the bid proposal package submitted by Countrywide Mechanical System Inc. did not have a California State Contractors' license; and WHEREAS, based on the subsequent review of the said contractor's bid proposal by City staff, including the city Attorney's Office, it is recommended that the original apparent low bid, submitted by Countrywide Mechanical Systems Inc., be rejected by Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby reject the bid submitted by the apparent low bidder, Countywide Mechanical Systems Corporation, due to a listed subcontractor not having a State Contractors' license. BE IT FURTHER RESOLVED that the city Council accept bids and award the contract for the "Upgrade of the civic Center Library HVAC Equipment" in the City of Chula vista, California (GG166) project, to the second low bidder, Lemon Grove Sheet Metal, in the amount of $389,400. Presented by Approved as to form by ~ M. KL (? John P. Lippitt Job M. Kaheny ~ Director of Public Works C' y Attorney J, \Attorney\RESO\Upgrade of Library. doc /) -5 2 (7'" - .-.---..-.--...--------...-. I :rfeH1 :# a.... I THE CITY OF CHULA VISTA DISCLOSURE STATEMENT I Pursuant to Council Policy 1O1-OJ, prior to an)' action upon matters which will require discretionary actll'l1 by the Council. Planning Commission and all other official bodies of the City, a statemcnt of d"closurc or cerlain owncrship or fïnancial interests, payments, or campaign contributions for a City of . Linda VISta election must be jïled The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the . application or thc contract, e-g.. owner, applicant, contractor, subcontractor, material supplier NONE . .. 2. I f any person" identified pursuant to (J) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity, .. NONE II 3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names .. of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. II NONE , 4, Please identify every person, including any agents, employees, consultants, or independent II contractors you have assigned to represent you before the City in this matter. N/A , II . . . 13 H :\HOME\ENGINEER\ADMIN\CONTRACTIGG t 66MLDOC . -----'--'---"'--"--" ~.._--_..----- ..------",,------' . . 'i. Has any person' associated with this contract had any financial dealinf(s with an official" of the el1\ "fClwla Vista as it relates to this comract within the past ]2 months" Ycs_No_~ , . 18 If Yes. brien) descrihc the nature of the financial interest ti,e offìeia'" may have in this contract. N/A .. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes_No~ If Yes, which Council member? II 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, II non-profit Board of Directors made contributions totaling more than $] ,000 over the past four (4) years to a current member of the Chula Vista City CounciP Yes_No~lf Yes, which Council member? , 8. Have you provided more than $300 (or an item of equivalent value) to an official" of the City of Chu]a Vista in the past twelve (12) months? (This includes being a source of income, money to II retire a legal debt, gift, loan, etc.) Yes - No~ If Yes, which official"~ and what was the nature of item provided? .. Date: March 21, 2001 , Signature of Contractor 1 App]ica RICK R. VaN GOTTBERG, PRESIDENT LEMON GROVE SHEET METAL WORKS, INC. .. Print or type name of Contractor IApp Ii cant , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, .. district, or other political subdivision, -or any other group or combination acting as a unit. ,. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, .. Member of a board, commission. or committee of the City, employee, or staff members. .. . .. 14 H :IHOMEIENGINEERIADMtNICONTRACnGG 166Ml..DOC . - ----,,-_... .-....- COUNCIL AGENDA STATEMENT Item 3 Meeting Date 06/19/01 ITEM TITLE: Resolution Waiving the three bid requirement and authorizing the Corky McMillin Companies to construct and receive credit or reimbursement for the DIF eligible components of the Poggi Canyon trunk "wcr ¡rom La M",!;a Roa~ R,",h"," S"rel. SUBMITTED BY: Director of Public Works REVIEWED BY: ' (; ¡<:.. (4/5ths Vote: Yes_No....Kj Cl ty Managej-N !) l"l/ The City Engineer received a letter dated August 28, 2000 from the Corky McMillin Companies requesting Development Impact Fee (DIP) reimbursement for the construction of the Poggi Canyon Sewer Line from La Media Road to Paseo Ranchero Street. RECOMMENDATION: That Council adopts the above resolution waiving the three bid requirement and authorizing the Corky McMillin Companies to construct and receive credit or reimbursement for the DIF eligible components of the Poggi Canyon trunk sewer from La Media Road to Paseo Ranchero Street. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Background: On November 25, 1997, a public hearing was held for the establishment of the Poggi Canyon Sewer Basin Development Impact Fee. Ordinance No. 2716, which established this fee, was adopted at its second reading on December 9,1997. This fee was to finance the construction ofa trunk sewer in the Poggi Canyon Sewer Basin from a proposed regional trunk sewer west of I- 805 along Olympic Parkway to the boundary of Eastlake. All new units are charged the DIF prior to connection to the sewer system and the funds are used to I) pay for the construction of sewers or 2) reimburse a developer for constructing the sewer. Due to several large developments anticipated or underway in the eastern area of Chula Vista, additional sewer facilities are required. Portions of these developments are located in the Poggi Canyon Sewer Basin, which generally flows towards Olympic Parkway east of Oleander A venue. Although there exists sewer facilities west of Oleander, they are not sized to handle the volume of flow that will be generated by these new developments. - --- -...-.....--- -------"--'" Page 2, Item :3 Meeting Date 06/19/01 Preparation of the Poggi Canyon Basin Gravity Sewer Basin Plan (Report) by Wilson Engineering was completed in July of 1997. This Report includes an estimate of sewage flows, recommends the type, size and location of improvements needed to transport basin flows to downstream facilities, estimates the cost, and establishes a fee to finance the construction of these improvements. The Report recommends the construction of the Poggi Canyon Interceptor within the Poggi Canyon Sewer Basin to transport sewage flow from these properties to future downstream transmission facilities. The interceptor would begin just west of SR-125 and continue west along Olympic Parkway and then southwest across I-80S to terminate approximately 1500 feet south ofOtay Valley Road at Palm Avenue. Improvements: On August 28, 2000, Robert A. Pletcher, Vice-President of the Corky McMillin Companies sent a letter to the City (Attachment "A") requesting approval for construction of a portion of the Poggi Canyon trunk sewer as well as reimbursement for the DIF eligible components. This portion of the Poggi Canyon trunk sewer is located along Olympic Parkway between La Media Road and Paseo Ranchero Street (Attachment "B"). Otay Ranch designed and conducted the bid process for the project and McMillin contracted out the work for construction. Due to timing constraints, McMillin and Otay Ranch entered into an agreement to construct separate portions of the sewer improvements. In this case, McMillin constructed the sewer improvements from Paseo Ranchero to La Media Road while the Otay Ranch Company constructed the sewer improvements from La Media Road to East Palomar Street. The improvement plans for the sewer and storm drain work associated with Olympic Parkway Phase 2 were subject to public bid by the Otay Ranch Company. The public bid process was used so that McMillin could seek reimbursement from the bond proceeds of Community Facilities District (CFD) 97-03. The bids were opened at The Otay Ranch Company on May 25, 2000. Five firms obtained bid packages (Attachment "C"). However, according to the bid report (Attachment "D"), only Cass Construction and T. C. Construction submitted bids. Since only two companies submitted bids, staff requests a waiver from the three bid requirement of Ordinance No. 2716. As discussed in the letter from Roy Peace, Senior Vice-President (Attachment "E"), The Otay Ranch Company made every effort to obtain multiple bids. McMillin contracted with the apparent low bidder for the entire roadway segment. In this case, T. C. Construction submitted the lowest overall bid as well as the lowest bid for the sewer portion only (Attachment "F"). The construction contract was signed on June 28, 2000 by Ken Screeton, Senior Vice President, Kent Ireland, Vice President of Corky McMillin Construction Services, Inc and Terry W. Cameron, President of T. C. Construction. Therefore, McMillin is entitled to receive credit for this portion of the Poggi Canyon trunk sewer. According to Ordinance No. 2716, the developer may request credit or reimbursement for the construction of the public improvement facilities within their development. The following conditions have been met by the developer as required, per Section 17 of Ordinance No. 2716, in order for construction and DIF reimbursement or credit to be authorized. :3- - .- "".--.""'-.------.",""-.-" Page 3, Item L Meeting Date 06/19/01 . The improvement plans and specifications for Olympic Parkway have been prepared for approval by the City, along with a preliminary cost estimate that itemizes costs of construction. At this time, the permit to construct this portion of the Poggi Canyon sewer and storm drain have been issued . Easements and right-of-way required for the project secured and dedicated to the City . All required permits and environmental clearances secured . Performance bonds in form and amount provided to the City . All City fees and costs paid The developer is entitled to receive both credit fÌom the Poggi Canyon Sewer Basin DIF and reimbursement fÌom the bond proceeds ofCFD 97-03. Once a substantial portion of the project is completed as approved and certified by the Director of Public Works, the City may pay the developer progress payments or reimbursements not to exceed 75% of the estimated cost of the construction completed thus far. The McMillin Company may request reimbursement following the procedures established by the Acquisition and Financing Agreement for CFD 97-03. An equivalent amount of credit may also be applied to the Development Impact Fees for any future building permits issued to the developer. Olympic Parkway fÌom La Media Road to Paseo Ranchero Street is included within Reach 219 of the Plan for the Poggi Canyon Basin Gravity Sewer Basin. According to the Plan, the cost estimate for Reach 219 was $690,000. The actual contract costs for this portion of the Poggi Canyon Trunk Sewer total $390,386 (Hard Costs - $385,786 and Soft Costs - $4,600). The Soft Costs are for Surveying and Staking and are not included as reimbursable at this time. The table below summarizes these costs. According to the current ordinance, the developer can receive up to 75% of costs as DIF credits upon Council authorization. Therefore, McMillin is eligible to receive DIF credits of up to $289,339.50 at this time. COST COMPARISON AND ELIGIBLE CREDIT PIPE SIZE LENGTH CONSTRUCTION COST Estimate fÌom Poggi Canyon I8-inch diameter 6000 LF $690,000.00 Basin Sewer Plan Report Contract Cost 18-inch diameter 5525LF $385,786.00 Eligible Credit At This Time $385,786 x 0.75 - $289,339.50 When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments for construction of the project. An audit by the City is required to be conducted per CFD 97-03 and the Poggi Canyon Sewer DIF credit procedures to determine .9 - .--.-..------.-.....-..-----. Page 4, Item 3- Meeting Date 06/19/01 eligible reimbursements or credits. The Director of Public Works will make the final detennination of expenditures that are eligible based on actual final costs. FISCAL IMPACT: None to the City. According to Ordinance No. 2716 up to 75% of the actual costs incurred by McMillin are reimbursable. The credit or reimbursement will be detennined by the Director of Public Works and will be based on actual final costs. There is no impact to the City's General Fund. Attachments: A. Letter dated August 28,2000 from Robert A. Pletcher of McMillin B. Location of the Poggi Canyon Trunk Sewer constructed by McMillin C. Sign-in sheet for Bid Package from The Otay Ranch Company D. Bid Report from Otay Ranch Company E. Letter dated May 17,2001 from Roy Peace of The Otay Ranch Company F. Bid Summary from Otay Ranch Company H: IHOMEIENG INEER IASMT 0 IS1\A 0 PIAG END A - HXO63 .doc ~ ...,-..-.......-..-.-. -_.... ....~ .........-- .._--- ATí/\CHME 'J - IiI' f .\ ..\~ :.--- . -,-' ::~~:(:-='~- The Corky McMillin Companies ~ - Really' Mortgage' Land De'elopmenl . Home. . Commercia' -, .. ,,' ~ ' '-. ~' , August 28, 2000 Mr. Clifford L. Swanson Deputy Public Works Director/City Engineer CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 RE: McMillin Otay Ranch SPA I, Phase 1 Poggi Canyon Sewer D.I.F. Credit Application Dear Mr. Swanson, Attached, please find the documentation of construction and staking contracts for the Poggi Canyon trunk sewer from La Media Road to Paseo Ranchero Street (Stations 132+35.74 to 187+77.74). In prior correspondence, we had requested approval for constructing other portions of the trunk sewer, but were unsure at the time whether we would be constructing a temporary or permanent sewer line. We hereby request City CounciL¡¡pproval for construction of the trunk sewer, as well as reimbursement for the D.I.F. eligible components. In addition, this facility is eligible for reimbursement under the 97-03 Community Facilities District. Upon substantial completion, we will request reimbursement under the procedures established by the Acquisition and Financing Agreement for the referenced CFD. The improvement plans for Olympic Parkway Phase 2 were subject to public bid by the Otay Ranch Company. We contracted with the apparent low bidder that resulted from the bidding process for the entire roadway segment. The costs for the referenced portion of the Poggi Canyon Trunk Sewer total $ 390,386 as follows: Hard Costs- $ 385,786 Soft Costs- $ 4,600 Pursuant to the current ordinance, we hereby request that D.I.F. credits in the amount of $292,789.50 be approved. This represents 75% of the cost arnounts referenced above. 3 À\\. À\\. À\\. À\\. À\\ hdata\eng~~~~~.\\~fia\o~~M~h~~~g~'~~er &~¡~~Mnd Development McMillin Homes McMillin Commercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONALCITY,CA91950 TEL (619) 477-4117 FAX (619) 336-3119 wwwmcm,'hncom - -- .,--- -----------"'---- If you have any particular questions or require additional infonnation, please contact me directly at 336-3672. Sincerely, Robert A. Pletcher Vice-President W/o Attachments cc: Donna Snyder (w/o Attachments) Tom Adler (w/o Attachments) .3 (¡; h:datalengnringlbpletcherlotayrnchlPoggi Sewer DIF Credits .." ...-.-. -. """"'--'-'---"'--'-------" - 1-11 7tl C ¡.« il ..... *1~1 ~ ß~ c ;:: - ~ c:ìi &~ 81 i~ ce ~ .!ð ...... 'ê?1 g~ ~.s.e .. 8 c ~~ ~ J! (t! 'ð z '5 .5 ¡¡¡ =0:: fj~ ::EÕ 1;1; 'C'C ~H~ 22 1ii'1ií c:c: ~.8~ ~' w'" ..J " -_. J I () 'Ç' /\ ;., "0 o~c p~ ~ ~ ~ I ~ ~ ~ ~ 1::1 ~ ~', . == ~.. t: ......:." if; ~t....t ~ - q,¡ 1"-' \~ - ~ ~ . ~ I~ tJ, "'~....~ ~~ t ~ ¡- ~ ¿ ~ ~ J r- I'c l1. ... C'i' \ "' q,¡ <to¡ , ¿ ~ !i: ~ ~ ~r-- =r ~ ~ \ ~ ~ \- ( \ }..~ "- ] ~ ~ ~,~ . 7 ~ t ~ ~ r« ,~, \\ ~ ~ " ~ " ~ I-~ ~ ~ - ~ ~ ~.~ ð;.. ~ ! \.~ q,¡ ~ -~ ") 3. IiI ~ ~ .~ -c ~ \-5" ~ ~- ~ ~ ~ , -..¡ t I:!. c ... ~)."-2 ~ " t:i rï\ w r \J-1 ] l~:r. í ~ '-);:!:i; ~ ~ ~ ~ ) \ '^ .C~ ~ '- f'. ('\1 '-S)~+ VJ ~ ~ '\ ;:: boo '\~ rJ ',0" ... ~ ~ . \,~ co .# ~~~\ - ,,'5.. 1 ~ ~ ~ ~ 2Ç) ~ÿ ~ ~ ~(J.1.'\ ~~';.~(I § ~~F' \!~~~~~ ~ f'< ~ ,'.... I{) "" v c ~ ~ ~ 0 ~ . q,¡ -=:: ':t ,~ "" t:" ~ '"' ~ ~ 'J p ~3 \L àc; ~ ~ ~ Q,. :J ~, ![ ~ ~ ~~ r- ....:~' ~ N <:::: ....' ~ '\1'- \:t- '¥. I'- ¿¡: ¿=. ~ ..:.; .., c ~ ('. \r> c~ \ :..; '" t( '1;:¡' 1\ ..,,: ...., ~ ~ x ,~.(, 'Þ ~ i'£ »:c.c..;;; ~ ~ ",;;I ,,'\I l~~ Æ-.... . ~ ... ~'-'\"\J d ,~ ~ ~ ç Q- ~ ~~- ~rof ~ ?-. ~ -.. ~ \1' . ~ L ~ - ;.7" ~ 0. ¡E 2 -, ~ - ~. "" ó: V1;.. "i-.. ~ ~ . Q ~ \,,) ~ ~ < ~':: § ~ ~ F. c." ... ~ ~ ~II 1 ~ V ~ ~~ ? ;:... ~ I \ ~ '.1 .~ s: ~ § ~c' c:c-cc ~ Wc \ ~ étJ.;¡,. ~ ~.[ ~ ~ _..::~ ~ I-- ~ c ~ Si.. ~ v \ ~ ~ '- ~ ~~ ~ \I) } ~~ ~ ~ Iìi" .t:~ ~ - tJj . .~ : J V) . ~ ~c' ~ ...; ..,,: .,.¡ 'C! t-: ~ ~ ~ ...; ..,,: .,.¡ 'C! t-: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.,..-.;(\ - c"--- ----_...-u- c.Cc ----------------- /\IT/\ MfNl '{:;Ii BID OPENING REPORT IMPROVEMENTS FOR OTAY RANCH OLYMPIC PARKWAY PHASE 2 & VILLAGE 5 EAST PALOMAR STREET STORM AND SEWER IMPROVEMENTS Bids were opened on Tuesday, May 25, 2000 at 2: 15 p.m., at The Otay Ranch Company, 350 West Ash, Suite 730, San Diego, California 92101. Contractor Bid Amount $ 1. Ortiz Coroporation $ !Vo .r/-l!JW 2. Cass Construction $ ? / 4. 6":;"'7. ~ , 3. TC Construction $ '7+-1, 69 /J. . éJC> , 4. $ 5. $ 6. $ ~ Si', ' Date: Ó, W'" THE ABOVE BID AMOUNTS HA VE NOT BEEN CHECKED FOR ACCURACY. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED City of Chula Vista official pres~~LL-- - - 'm"_,,'__--' _,0,_,.- . AT T ,L1CH Mff\1 May 17, 2001 i[~1 I~AY ~~JI Ms. Amy Partosan I~~ City of Chula Vista / Engineering Department 276 Fourth Avenue THE OTAY RANCH COMPANY Chula Vista, California 91910 Re: Public Bid Process Dear Ms. Partosan Per your request, this letter outlines The Otay Ranch Company's public bid process, more specifically, for the "Olympic Parkway Phase 2 & Village 5 East Palomar Street Storm Drain & Sewer Improvements" project. In all instances, we first provide the City ofChula Vista and/or Mcgill Martin Self, Inc. with a copy of the bid documents. We then advertise in three local newspapers. These publications are 1) the San Diego Daily Transcript, 2) The San Diego Union Tribune, and 3) the Star News. For the project in question, all three ads ran on May 5, 2000. I've attached the Proof/Certificate/Affidavit of Publication for the aforementioned project from all three compames. As you can see, the advertisements list the project, the bid opening date, time and location, identifies that a City official will be present during the opening, and the date that the bid documents will be available. It is always our process to have no less than two (2) weeks between the fIrst day the bid documents are available and the bid opening date. When bid documents are picked up, the contractors sign the bid holders list and are advised again of the date, time and location of both the pre-bid meeting and the bid opening. Attached are both the bid holders list and the pre- bid meeting sign-in sheet for the project in question. In this case, the bid documents were available to the public on May 9, 2000 and the bid opening occurred on May 23, 2000. At the bid ogening, the City official documents the time and the proposals are opened in no particular order. The bid amounts are transferred to the Bid Opening Report, the City official confirms that the amounts have been transcribed correctly, and any attendees are notified of the apparent low bidder. A bid spreadsheet is prepared and all bidder calculations are confmned as correct. This spreadsheet is forwarded to the City for their records and the official low bidder is sent a "Notice of Award" letter. The Otay Ranch Company made every effort to solicit and/or obtain multiple bids for this Olympic Parkway project. Because of this effort, this project should easily qualify as a public bid as outlined in the guidelines provided by the City of Chula Vista. Please feel free to contact either Marc Lovato or myself if you have any questions. Sincerely, THE OTA Y RANCH COMPANY ~~ Senior Vice President Cc: Mora de Murguia 350 W ASH STREET, SUITE 730, SAN DIEGO, CA 92101 PH, (619) 234.4050 FX (619) 234.4088 E.MAIL info@otayranch.com - .~._...._------- .._... .-. --- CERTIFICATE OF PUBLICATION Marc Lovato Otay Ranch Company 350 West Ash Street Suite 730 San Diego, CA 92101 IN THE MATTER OF NO. Otay Rnch Pkwy Phs 2 Storm Drain/Sewer 1m NOnCE INVITING BIDS I, Lou Sto. Domingo, am a citizen of the United States and a Sealed bids will be røœived at The OIay of the county aforesaid; I am over the age of eighteen years, Ranch Company. 350 West Ash Street Suite 730. San Diego, CA 92101. unlii and not party to or interested in the above entitled matter. 2:15 p.m.. on TueSdey. May 23, 2000 lor pertormlng wort< as lollows: I am the principal clerk of the San Diego Daily Transcript, a . Conalructlon 01 Clay Rancn Olympic Parkway pn- 2 newspaper of general circulation, printed and published . Vllla8 5 Ealt Palomar Slonn Drain' _r daily, except Saturdays and Sundays, in the City of San Diego, ImproV8m8nta County of San Diego and which newspaper has been adjudged a The public bjd wig be publicly opened and ~~~~ð~~~ newspaper of general circulation by the Superior Court of the off"""lat the time and place slated above. County of San Diego, State of California, under the date of ConS1JUCtoon Doc"",e"" exclusive oIlne Stanclan:t Specifications for Public Works January 23,1909, Decree No. 14894; and the Construcllon. 1997 Edition. a.. available by appoinlmanl. from The Clay Ranch Company. 350 We.. Ash 5_1. Sullo 730, CA92101, (519) 2-O50e... 109 NOTICE INVITING BIDS on Tuesday. Mey 9. 2000. lor a lea 0; SSIlOO - No Relund W~ Be Made (Pfeøso ~~. =S:~:VI~y' Projec1 Is Mere Lovato. Con1>any is a true and correct copy of which the annexed is a printed PuI7. Møy5""~II9ge'.' ,~~..~. copy and was published in said newspaper on the following date(s) , to wit: MAY 5 I certify under penalty of perjury that the foregoing is true and correct. Dated at San Diego, California this 5 day of -4-- ,jltl' ~k~ (Signature) 1/ _..-_._.__.__._._-_.--_.~....__.. - Affidavit of æu6lìcation THE OTA Y RANCH CO. Affidavit of Publication of 350 W ASH STREET #730 SAN DIEGO, CA. 92101. Legal Classified Advertisement Ordered by: MARC LOVATO STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, being duly sworn, deposes and says: That....She is a resident of the County of San Diego. NO11Œ INVITING THA T....She is and at all times herein mentioned BIDS ";~~ was a citizen of the United States, over the age bids will be """,Ived . of twenty-one years, and that .......... he is not a Ofav Ranch Compo. Ash Street, 730, Son Di..... CA party to, nor interested in the above entitled until .,15 p.m.. on Tuesdav. Mav 23, 2000 tor matter; that ....She is................................ Chief performing work as tol- low", Clerk for the publisher of ......"............. Construction of Otov Ranch , Olvmolc Parkway Phose 2 The San Diego Union-Tribune & Village 5 East Palomar Storm Drain & Sewer 1m. a newspaper of general circulation, printed and provements. The public bid will be pub- published daily in the City of San Diego, County liclv opened ond read aloud bv The Ofav RanCh ComPO- of San Diego, and which newspaper is published nv. In the presence of a Cltv of COOla Visfa official at the for the dissemination of local news and time ond place stated above. intelligence of a general character, and which Construct"", Documents exClusive of the Standard newspaper at all the times herein mentioned had Specifications for Public Works Construction. 1997 and still has a bona fide subscription list of Edition. are available. bv trom The omponv, 350 paying subscribers, and which newspaper has Suite 730, 101, ¡6'9) been established, printed and published at ' on Tues- day. Mav , forateeoi $50.00 -- No dWili Be regular intervals in the said City of San Diego, Made. (Pleose make cheek POvable to Otav Proleet County of San Diego, for a period exceeding one LP.). Contact at The Otav Ranch Company is Marc year next preceding the date of publication of the Lovato. notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomi..""lation, or any number of same; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date, to-wit: MAYS, 2000 - - - - ~8 -~ - cn...llillClßI"'" ! NaIaIr MIle .. C EJ . San DIego CIIuIIIr MyCaml.BcphJsFeb.... l - ----._- '-"----'--'-- .------...-------- PROOF OF PUBLICATION This space is for the County Clerk's filing stamp (2015,5 C.C.P) STATE OF CALIFORNIA, County of San Diego: Proof of Publication of I am a citizen of the United States and a resident of the county aforesaid; I am CV 13950 over the age of eighteen years. and not a party to or interested in the - above-entitled matter. I am the principal clerk of the printer of THE STAR NEWS, a newspaper of general Notice Inviting Bids - Drain & Sewer Improv. circulation, published ONCE WEEKLY Otay Ranch Olympic Parkway Phase 2 & Village in the city of Chula Vista and the 5 East Palomar Street South Bay Judicial District, county of San Diego, which newspaper has NOTICE INVITING BIDS Sealed bids will be received been adjudged a newspaper of at The OIay Ranch Com- general circulation by the Superior pany, 350 West Ash Street, Suite 730, San Oiego. CA Court of the County of San Diego, 92101, until 2:15 p.m. on Tuesday, May 23, 2000, for State of California, under the date of performing work as fol- lows: April 23, 1951, Case Number 182529; Construction or OIay that the notice, of which the annexed is Ranch Olympic Parkway Phase 2 & Village 5 a printed copy (set in type not smaller East Palomar Storm Drain & Sewer Imgrovements than nonpare,il), has been published in The public bi will be pub- licly opened and read aloud each reg"ular and entire issue of said by The Dlay Ranch Com- pany in the presence of a newspaper and not in any supplement City of Chula Vista official thereof on the following dates, to-wit: at the time and place stated above. Construction Documents exclusive of the Standard 5/5 Specifications for Public Works Construction, 1997 Edition, are available, by all in the year 2000 appOintment, Irom The OIay Ranch com~any, 350 West Ash Street, uite 130, San Dleio, CA 92101, I certify (or declare) under penalty of (61~ 23 -4050 ext. 109. -on uesday, May 9, 2000, p~rjury that the foregoing is true and for a fee of $50.00 - No correct. Refund Will Be Made. (Please make checks paø.- able to o, Project, L. .j Dated at Chula Vista, California 91910 Contact at he Dray Ranch com~an6 is Marc Lovato. 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""'._.n RESOLUTION NO. 2001- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE THREE BID REQUIREMENT AND AUTHORIZING THE CORKY McMILLIN COMP ANTES TO CONSTRUCT AND RECEIVE CREDIT OR REIMBURSEMENT FOR THE DIF ELIGIBLE COMPONENTS OF THE POGGI CANYON TRUNK SEWER FROM LA MEDIA ROAD TO PASEO RANCHERO STREET WHEREAS, the City Engineer received a letter dated August 28, 2000 frorn the Corky McMillin Companies requesting Developrnent Impact Fee (DIF) reimbursernent for the construction of the Poggi Canyon Sewer Line from La Media Road to Pas eo Ranchero Street; and WHEREAS, according to Ordinance No. 2716, the developer may request credit or reimbursement for the construction of the public improvement facilities within their developrnent and the following conditions have been met by the developer as required, per Section 17 of Ordinance No. 2716, in order for construction and DIF reimbursement or credit to be authorized: . The improvement plans and specifications for Olympic Parkway have been prepared for approval by the City, along with a preliminary cost estimate that itemizes costs of construction. At this time, the pennit to construct this portion of the Poggi Canyon sewer and stonn drain have been issued . Easements and right-of-way required for the project secured and dedicated to the City . All required pennits and environmental clearances secured WHEREAS, the developer followed the public bid process; and five finns obtained the bid packages but only two finD submitted bids; and WHEREAS, when all work has been completed to the satisfaction of the City, the developer shall submit verification of payments for construction of the project and an audit by the City is required to be conducted per CFD 97-03 and the Poggi Canyon Sewer DIF credit procedures to determine eligible reimbursements or credits with the Director of Public Works making the final determination of expenditures that are eligible based on actual final costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the three bid requirement and authorize the Corky McMillin Companies to construct and receive credit or reimbursement for the DIF eligible components of the Poggi Canyon trunk sewer from La Media Road to Paseo Ranchero Street. Presented by Approved as to fonn by J) šfYJ\~~ John P. Lippitt JOh~eny Director of Public Works City Attorney 3 - J(P - .h- ~-----'-----' COUNCIL AGENDA STATEMENT Item if Meeting Date 6/19/01 ITEM TITLE: Resolution Approving Change Order Nos. 2 and 3 for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue" (ST-344) Project and Authorizing the Director of Public Works to Execute Said Change Orders on Behalf of the City SUBMITTED BY: Director of PublicWorks ~ REVIEWED BY: CìL --,. (4/5ths Vole: Yes - NoXJ City Manage:{ri DI-¿ On November 14,2000, the City Council approved Resolution No. 2000-416 awarding a contract in the amount of $1,974,280 (plus contingencies of $394,856) to West Coast General Corporation, for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue," (CIP Project No ST-344). Change Order Nos. 2 and 3 (Attachments 1 and 2) are for items of work not originally included in the project design. In order to open this vital segment of Olympic Parkway as early as possible, the project was bid and awarded prior to completing discussions and right-of-way negotiations with the Homeowners Association (HOA) for the Brandywine Classics Condominium project, which is located on the south side of Olympic Parkway. Change Order No.2, in the amount of $152,016.70, is for the creation of an intersection at Concord Way, including the installation of a traffic signal and striping modifications at Concord Way, which is the only acceSs point on Olympic Parkway to the Brandywine Classics. Change Order No.3, in the estimated amount of $125,000, is for the modification ofthe sound wall design and location on the south side of Olympic Parkway. RECOMMENDATION: That Council approve the resolution approving Change Order Nos. 2 and 3 for CIP Project No. ST-344, "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue", increasing the contract by $272,016.70, and authorizing the Director of Public Works to execute said Change Orders on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In order to open this vital segment of Olympic Parkway as early as possible, the construction contract was bid and awarded prior to completing discussions and right-gf-way negotiations with the Brandywine Classics HOA. During said discussions, the HOA expressed concerns about the construction of a solid raised median at Concord Way, which would have eliminated the residents' ability to make left turns onto and off of Olympic Parkway. The HOA was also concerned about the height, appearance, and horizontal location of the solid masonry sound wall along their frontage. In order to address the HOA's - ._- ,.---- -,---~------- Page 2, Item Meeting Date 6/19/01 concerns, the project plans were revised and change orders were negotiated with the contractor, as specified below: 1. Change Order No.2: A left-turn pocket and a traffic signal were added at Concord Way to allow Brandywine Classics residents to safely make left turns onto and off of Olympic Parkway. The change order for this revision to the project plans totals $152,016.60. 2. Change Order No.3: The masonry sound wall, which is up to eleven feet high in some locations and would block natural lighting to the adjacent condominiums if constructed of solid masonry, was redesigned to be solid masonry for the lower six feet and tempered glass with masonry pilasters above the six-foot level. As bid, the horizontal location of the sound wall was about two to three feet behind the back of sidewalk within existing street right-of-way. However, in order to provide a wider and more attractive strip of landscaping between the roadway and the sound wall, the HOA agreed to dedicate easements to the City to construct the sound wall within the HOA property in the approximate location of an existing decorative site wall. In addition, the HOA requested that the masonry block be changed from single split-face to double split-face to be aesthetically appealing on both sides ofthe wall. These revisions to the sound wall, including the demolition of the existing decorative site wall and a larger foundation over an eleven feet-diameter storm drain, are estimated to cost $125,000. The change order is an estimated amount because several of the items included in this change order will be paid based upon field-measured quantities, but the final amount will not exceed $125,000. It must be noted that approximately $50,000 of the cost of this change order will be offset by the reduction in masonry block, which is paid for on a square footage basis under the base contract, for portions of the sound wall that will now be constructed of glass. Staff is currently obtaining prices from the contractor to perform the landscaping work on this pörtion of Olympic Parkway, which was not part of the original bid. Staff will analyze the contractor's quote and will either forward a proposed Change Order for said landscaping work in mid-July for City Council consideration or recommend that the landscaping work be bid as a separate contract. The estimated cost for the landscaping, including the open space slope on the north side of the roadway is between $500,000 and $650,000. It should be noted that this segment of Olympic Parkway will be open to at least two lanes of traffic in each direction on or before June 23, 2001. FISCAL IMPACTS: Proposed Change Order Nos. 2 and 3 total $272,016.70. There is currently an unused balance of approximately $820,000 in Transportation Development Impact Fee funds in the ST-344 Project Account, which is sufficient to cover the increase in the contract amount. Attachments: (1) Change Order No.2 (2) Change Order No.3 mp/kpa H:\HOME\ENGINEER\AGENDA\STM-334- CCO2&3.113.doc 06/07/2001 11:22 AM - -'-"'-."----'--"'-.""-""'---' ~~~ A TTAc.I-/HEA/r 1 ~~ ~-::...~~ -.--.....-.- -.-............ CllY OF CHUIA VISfA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CHANGE ORDER NO.2 June 7, 2001 0735-10-STM-344 CONTRACT: OLYMPIC PARKWAY IMPROVEMENTS, OLEANDER AVE TO BRANDYWINE AVE IN THE CITY OF CHULA VISTA, CA CONTRACTOR: WEST COAST GENERAL, CORP. The following changes shall be made to the above referenced contract between the CITY OF CHULA VISTA and WEST COAST GENERAL, CORP., (Contractor): 1. Contractor shall provide and install a fully operational traffic signal at the intersection of Olympic Parkway and Concord Way per the traffic signal plans and specifications provided by the engineer. Lump Sum $150,767.10 2. Contractor shall install additional pavement markings and striping and make the additional changes to the striping and markings as indicated on the plans provided by the engineer. Lump Sum $1,249.60 The upon prices include all costs for furnishing all tools, labor, materials, equipment, incidental costs and fees for performing the work in this contract change and no additional compensation will be due. It is agreed by the undersigned that this work shall be performed and materials furnished in accordance with the original contract, Green Book specifications and applicable standard drawings. ORIGINAL CONTRACT PRICE: $1,974,280.26 PREVIOUS CHANGE ORDERS: $9,775.00 THIS CHANGE ORDER: $152.016.70 REVISED TOTAL CONTRACT PRICE: $2,136,071.96 1of2 ~:3 276 FOURTH AVENUE 1 CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021 _. --'--"--_-00___.__--- Olympic Parkway Improvements Change Order No.2 APPROVED BY ACCEPTED BY ORDERED BY JOHN P. LIPPITT DAVID DAVEY CLIFFORD L. SWANSON Director of Public Works Vice President Deputy Dir. of Public Works/ West Coast General Corp City Engineer REVIEWED BY REVIEWED BY REVIEWED BY KIRK AMMERMAN BYRON WADE KALANI CAMACHO Senior Civil Engineer Senior PW Inspector Project Inspector REVIEWED BY MARTIN PHILLIPS Civil Engineer 2 of2 CITY OF CHULA VISTA -... ~. ,-------.---. ~~tt- ATTItt:.HM.E "r Z 2~-: ~~~~ ---:...-. CllY OF CHUrA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CHANGE ORDER NO.3 June 7, 2001 0735-1 0-STM-344 CONTRACT: OLYMPIC PARKWAY IMPROVEMENTS, OLEANDER AVE TO BRANDYWINE AVE IN THE CITY OF CHULA VISTA, CA CONTRACTOR: WEST COAST GENERAL, CORP. The following changes shall be made to the above referenced contract between the CITY OF CHULA VISTA and WEST COAST GENERAL, CORP., (Contractor): 1. Contractor shall demolish and dispose of the existing masonry wall on the south side of Olympic Parkway between Concord Way and Brandywine and approximately 300' of masonry wall West of Concord Way to accommodate the installation of the new sound wall. Lump sum $48,076.00 2. Contractor shall provide and install tempered glass panels (including mounting brackets and hardware) at the top of the southerly sound wall per the plans and details provided by the engineer at $44.44/lf for 5' foot high glass panels, $42.44/lf for 4' high glass panels, $$40.04/lf for 3' glass panels, $37.84/lf for 2' high glass panels and $$35.64/lf for l' high glass panels. Estimated Cost $30,000.00 3. Contractor shall construct masonry pilasters (including additional steel) between the glass panels for the sound wall on the south side of Olympic Parkway per the plans and specification provided by the engineer at a additional cost of $2.48/square foot. Estimated Cost $3,800.00 1 of 3 276 FOURTH AVENUE 1 CHULA VISTA, CALIFORNIA 91910-26311 (619) 691-5021 - - - ------ . -....------..----.- --._. - Olympic Parkway Improvements, STM-344 Change Order #3 4. Contractor shall provide and install double sided split face block for the sound walls on the south side of Olympic Parkway at an additional cost of $2.06 per square foot. Estimated Cost $25,750.00 5. Contractor shall construct a grade beam and piers per the design and specifications provided by the engineer to span the existing 11' diameter storm drain pipe on for the sound wall on the south side of Olympic Parkway. Lump Sum $4,074.00 6. Contractor shall demolish and dispose of the existing retaining wall at the northeast corner of Olympic Parkway and Brandywine, import, place and compact soil for the new sound wall per the plans and specification provided by the engineer. Lump Sum $4,576.00 7. Contractor shall provide and install wood fencing and gate for service access at the easterly end of the westerly most sound wall on the south side of Olympic Parkway per the plans and specification provided by the engineer. 8. Lump sum $1,200.00 This contract change order will add 10 working days to the contract. ORIGINAL CONTRACT PRICE: $1,974,280.26 PREVIOUS CHANGE ORDERS: $161,788.70 THIS CHANGE ORDER: $117,476.00 REVISED TOTAL CONTRACT PRICE: $2,253,544.96 The agreed upon lump sum prices include all costs for furnishing all tools, labor, materials, equipment, incidental costs, profit and fees for performing the work in this contract change and no additional compensation will be due. It is agreed by the undersigned that this work shall be performed and materials furnished in accordance with the original contract, Green Book specifications, newly provided plans and specifications, and applicable standard drawings. 2 of 3 CITY OF CHULA VISTA 1--tp - --.--...---.--- .------ Olympic Parkway Improvements, STM-344 Change Order #3 APPROVED BY ORDERED BY ACCEPTED BY JOHN P. LIPPITT CLIFFORD L. SWANSON DAVID DAVEY Director of Public Works Deputy Dir. of Public Works/ Vice President City Engineer West Coast General Corp REVIEWED BY REVIEWED BY REVIEWED BY KIRK AMMERMAN MARTIN PHILLIPS BYRON WADE Senior Civil Engineer Civil Engineer Senior PW Inspector REVIEWED BY KALANI CAMACHO Project Inspector 3 of 3 CITY OF CHULA VISTA - - ------ --- ..._-..--- --------- RESOLUTION NO. 2001- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NOS. 2 AND 3 FOR THE "OLYMPIC PARKWAY STREET IMPROVEMENTS, OLEANDER AVENUE TO BRANDYWINE AVENUE" (ST-344) PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY WHEREAS, on November 14, 2000, the City Council approved Resolution No. 2000- 416 awarding a contract in the amount of $1,974,280 (plus contingencies of $394,856) to West Coast General Corporation, for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine A venue," (CIP Project No ST -344); and WHEREAS, in order to open this vital segment of Olympic Parkway as early as possible, the project was bid and awarded prior to completing discussions and right-of-way negotiations with the Homeowners Association (HOA) for the Brandywine Classics Condominium project, which is located on the south side of Olympic Parkway; and WHEREAS, Change Order Nos. 2 and 3 are for items of work not originally included in the project design; and WHEREAS, Change Order No.2, in the amount of $152,016.70, is for the creation of an intersection at Concord Way, including the installation of a traffic signal and striping modifications at Concord Way, which is the only access point on Olympic Parkway to the Brandywine Classics; and WHEREAS, Change Order No.3, in the estimated amount of $125,000, is for the modification of the sound wall design and location on the south side of Olympic Parkway. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve Change Order Nos. 2 and 3 for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue" (ST-344) Project increasing the contract by $272,016.70. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to execute said change orders on behalf of the City of Chula Vista. Presented by Approved as to fonn by John P. Lippitt Director of Public Works J:lattorncylrcsolOlympic Parkway CO 2 & 3 if.. - ---.--.--.--------. COUNCIL AGENDA STATEMENT ITEM 5 MEETING DATE 6/19/01 ITEM TITLE: Resolution approving a purchase agreement with Software House International (SRI) in the amount of $134,270.73 for various Microsoft licenses required for citywide network and individual computer workstation applications. .'} SUBMITTED BY: Deputy City Manager PowellY 41 Director of Management and Infonnation Servi s REVIEWED BY: Gl¿ City Manager l.,1ViV (4/Sths Vote: Yes - No--X) As the result of an internal audit and citywide implementation of various new Microsoft products, it has been detennined that the City ofChula Vista must purchase additional software licenses to be compliant with licensing requirements. The City has successfully participated in a State of California master agreement with Microsoft Corporation for the purchase of Microsoft products at discounted rates through approved Large Account Resellers (LAR). The total cost ofthe requested order to SHI exceeds the City Manager's approval limit, and therefore requires Council approval. RECOMMENDATION: That Council adopt a resolution approving a purchase agreement with Software House International (SHI) for purchase of Microsoft licenses totaling $134,270.73. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: The State of California has negotiated favorable tenns and pricing for a master agreement with Microsoft and a California Multiple Award Schedule with authorized Large Account Resellers. Consequently, discounts received for Microsoft products through the Large Account Resellers are greater than can be obtained on the open market. The City's Purchasing Agent bid out the requested licensing products to four (4) of the LARs as listed below, and has detennined that award to SHI is to the City's advantage. Software House International $134,270.73 Software Spectrum $135,970.84 CompUSA $137,536.58 ASAP No Bid The City ofChula Vista has participated in this type of master agreement since 1998 with favorable results. Agencies participating in the cooperative agreement receive all Microsoft programs on CD's. Programs may be previewed and installed at the City's discretion. For any retained programs, licenses must than be purchased within thirty days. Program updates, patches, fixes, and new releases are shipped every forty-five days. The City stays current with the latest Microsoft technology and licensing obligations are easily tracked. FISCAL IMP ACT: Approval ofthis action will authorize the expenditure of funds for the purpose indicated trom monies available in the adopted budget. 5-1 - -- -..-----.--- --,-,._.__._------ RESOLUTION NO. 2001- ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH SOFTWARE HOUSE INTERNATIONAL (SRI) IN THE AMOUNT OF $134,270.73 FOR VARIOUS MICROSOFT LICENSES REQUIRED FOR CITYWIDE NETWORK AND INDIVIDUAL COMPUTER WORKSTATION APPLICATIONS WHEREAS, as a result of an internal audit and citywide implementation of various new Microsoft products, it has been determined that the City of Chula Vista must purchase additional software licenses to be compliant with licensing requirements; and WHEREAS, the City has successfully participated in a State of California master agreement with Microsoft Corporation for the purchase of Microsoft products at discounted rates through approved Large Account Resellers (LAR); and WHEREAS, the City's Purchasing Agent bid out the requested licensing products to four (4) of the LARs as listed below, and has determined that award to SRI is to the City's advantage: Software House International $134,270.73 Software Spectrum $135,970.84 CompUSA $137,536.58 ASAP No Bid NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a purchase agreement with Software House International (SHI) in the amount of $134,270.73 for various Microsoft licenses required for citywide network and individual computer workstation applications. Presented by Approved as to form by Robert Powell Deputy City Manager J:lattorneylresolSHI Purchase Agreement 5-:;)- .- ----------. COUNCIL AGENDA STATEMENT Item~ Meeting Date 06/19/2001 ITEM TITLE: Resolution Amending the Fiscal Year 2000~01 Budget in accordance with the Budget Transfer Policy and approving additional appropriations in various funds. SUBMITTED BY: Deputy City Manager, Powell r REVIEWED BY: City Managett 9~' (4/5ths Vote: Yes~No_) The Council Policy on Financial Reporting and Transfer Authority requires that all departments complete the fiscal year with a positive balance in each budget summary (Employee Services, Supplies and Services and Capital Outlay). In order to comply with the intent of this policy, the transfers and appropriations listed on Attachment A and discussed below, are recommended to be approved. RECOMMENDATION: That Council amend the fiscal year 2000-01 budget by approving additional appropriations or transferring existing appropriations to ensure that all departments end the fiscal year without exceeding the budget summary as required by Council Policy. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: As part of the budgetary control process, all departments projected their total expenditures for the fiscal year. In comparing the actual budget to the revised projections, as part of the Third Quarter Status report, Council was advised of a projected general fund savings of $2.0 million. While the total savings is very positive to the City's financial picture, that total includes a combination of both positive and negative expenditure account variances in all departments. The Council Policy established in January of 1996, stated that no department shall end the fiscal year with a negative balance in any summary account. Due to increases in utility rates, the Library and Police Departments anticipate being over budget in their Supplies & Services budget summary. Both - .----.-----...----.-.-..-....-.....------ Meeting Date 6/19/01 Page 2. Item !p departments anticipate sufficient savings in personnel, which will be transferred to cover the overage. In addition, the Fire Department is projecting that they will exceed their budget allocation by $135,000 primarily in overtime usage due to two major California fires in which the department participated and constant minimum staffing costs, which were higher than anticipated. It is recommended that a budget transfer from Police Department salary savings be used to offset the overage in the Fire Department. Appropriations in the General Fund ($21 ,572), Gas Tax ($2,000), CDBG Housing ($5,000), CFD Sunbow ($69,000), Sewer Facility Replacement ($70,000), Southwest Project Area ($21,572), and Sewer Service Revenue ($33,855) funds will be necessary to account for various underestimated expenditures causing the budget summary to reflect an overage. Attachment A, included herein, details the fund, department, category and a brief description of each transfer or appropriation. FISCAL IMPACT: The recommended transfers between General Fund departments will be covered by savings achieved within existing budgets. The net fiscal impact resulting from the additional appropriations in the General Fund will be $21,572, which is offset by over realized revenues in the Palomar Trolley Center. The net fiscal impact in the remaining funds will be $201,427, and in all cases will be funded by available fund balances. (p - ~'._'.'-'"""-'~---_."--'._. Attachment A Year End Budget Adjustments FY 2000-2001 Budget Summary Am2J.Il1t Description Employee Services (200,000) Transfer due to utility rate increases. Services & Supplies 200,000 Transfer due to utility rate increases. Employee Services (197,011) Transfer due to utility rate increases. Services & Supplies 197,011 Transfer due to utility rate increases. Employee Services (135,000) Transfer due to overage In Fire Department overtime budget. Employee Services 125,000 Transfer due to overage in Fire Department overtime budget. Services & Supplies 10,000 Transfer due to overage in miscellaneous Supplies & Services. Transfer Out 21,572 Transfer out for Debt Svc Pmt on Palomar Trolley Center Services & Supplies 2,000 Admin Charge for State Controller Preparation - Annual Road Report =und Transfer Out 5,000 Excess of loan guarantee I Services & Supplies 69,000 Refund of Assessment payment to AYERS Co. Transfer Out 21,572 Transfer out for Debt Svc Pmt on Palomar Trolley Center 'nt Fund Capital 70,000 Prior year approval to purchase vehicle. Erroneously charged to project. und Transfer Out 33,855 Budget Clean Up $ 222,999 ):> c+ c+ '" n ~ '3 (1) ::J c+ :t> -' - ,..- ,-,~----- ----. ." -------- RESOLUTION NO.2001- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2000-01 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY AND APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS WHEREAS, the Council Policy on Financial Reporting and Transfer Authority requires that all departments complete the fiscal year with a positive balance in each budget summary (Employees Services, Supplies and Services, and Capital Outlay); and WHEREAS, in order to comply with the intent of the policy, the transfers and appropriations listed on Attachment A are recommended to be approved; and WHEREAS, due to increases in utility rates, the Library and Police Departments anticipate being over budget in their Supplies and Services budget summary, but both departments anticipate sufficient savings in personnel, which will be transferred to cover the overage; and WHEREAS, the Fire Department is projecting that they will exceed their budget allocation by $135,000 in overtime usage due to two major California fires, but it is recommended that a budget transfer from Police Department salary savings be used to offset the overage in the Fire Department. WHEREAS, the recommended transfers between General Fund departments will be covered by savings achieved within existing budgets; and WHEREAS, appropriations in the General Fund ($21,572), Gas Tax ($2 , 000), CDBG Housing ($5,000), CFD Sunbow ($69, 000), Sewer Facility Replacement ($70,000), Southwest Project Area ($21,572) and Sewer Service Revenue ($33,855) funds will be necessary to account for various underestimated expenditures causing the budget summary to reflect an overage; and 1 t #'1 - ....._,~ -.<.--.---- --..---- --- WHEREAS, Attachment A, attached hereto and incorporated herein by reference as if set forth in full, details the fund, department, category and a brief description of each transfer or appropriation. NOW, THEREFORE, BE IT RESOLVED the City council of the City of Chula vista does hereby amend the Fiscal Year 2000-01 budget in accordance with the budget transfer policy as set forth in Attachment A. BE IT FURTHER RESOLVED that the amount of $222,999 is hereby appropriated in various funds as set forth in Attachment A. Presented by Approved as to form by . À J('. Robert Powell Deputy City Manager J, lattorneylresolbuctget. xfr 2 h~ .---.--------.. -. - Attachment A Year End Budget Adjustments FY 2000-2001 Budget Summary Am2Ynt Description Employee Services (200,000) Transfer due to utility rate increases. Services & Supplies 200,000 Transfer due to utility rate increases. Employee Services (197,011) Transfer due to utility rate increases. Services & Supplies 197,011 Transfer due to utility rate increases. Employee Services (135,000) Transfer due to overage in Fire Department overtime budget. Employee Services 125,000 Transfer due to overage in Fire Department overtime budget. Services & Supplies 10,000 Transfer due to overage in miscellaneous Supplies & Services. Transfer Out 21,572 Transfer out for Debt Svc Pmt on Palomar Trolley Center Services & Supplies 2,000 Admin Charge for State Controller Preparation - Annual Road Report 1 Fund Transfer Out 5,000 Excess of loan guarantee ld Services & Supplies 69,000 Refund of Assessment payment to AYERS Co. Transfer Out 21,572 Transfer out for Debt Svc Pmt on Palomar Trolley Center lent Fund Capital 70,000 Prior year approval to purchase vehicle. Erroneously charged to project. Fund Transfer Out 33,855 Budget Clean Up $ 222,999 :Þ c+ c+ QJ n = 3 ro :::::J c+ :Þ ....m.__""'-'--' - ..,.... .-...--...--...,--.---.- .-- CITY COUNCIL AGENDA STATEMENT ITEM NO.: '1 MEETING DATE: 06/19/01 ITEM TITLE: RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2001-02 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR l~~ ts /' REVIEWED BY: CITY MANAGER J!:íJí'"' 4/5THS VOTE: VESD NO~ BACKGROUND On May 8, 2001, the City Council approved CDBG funds in the amount of $317,100 for fifteen public service programs; $144,050 for three community project programs; $49,759 for three economic development programs; $224,500 for three non-profit capital improvement projects; $857,702 for four city capital improvement projects; and $422,800 for administration and planning/coordination activities. The U.S. Department of Housing and Urban Development (HUD) requires a written agreement between the City and each sub-recipient receiving CDBG and HOME funds. RECOMMENDATION That the City Council adopt the resolution approving the Community Development Block Grant (CDBG) agreements for fiscal year 2001-02 between the City of Chula Vista and various community groups and authorizing the Mayor to execute said agreements. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The agreements between the City and the sub-grantees cover the period from July 1, 2001 to June 30, 2002. Each agreement has several exhibits attached which are incorporated into the agreements. A sample Agreement and the exhibits are attached as follows: ry- - ---'.-.-.-...--....-oo----- - PAGE 2, ITEM NO.: 7 MEETING DATE: 06/19/01 Exhibit A The STATEMENT OF WORK AND PERFORMANCES SCHEDULE describes the services the agency will be providing and the estimated number of people who will be provided each of these services each month. The performance schedule will be used to monitor each agency's progress in completing the scope of work. Exhibit B The ITEMIZED BUDGET shows exactly how the agency intends to expend the CDBG funds. This itemized budget will be used to monitor expenditures through the year. Exhibit C The HUD INCOME LIMITS FOR THE SAN DIEGO STANDARD METROPOLITAN STATISTICAL AREA will be used to determine the number of low-income households/persons served. Each program is required to serve a minimum of 51 percent low-income households/persons. The agreements are with the following organizations for the purpose and amount stated: PUBLIC SERVICES United Way of San Diego County - Info Line $4,250 Chula Vista Youth Services Network $123,151 Sharp HealthCare Foundation $21,25C Chula Vista Aquatic Association $4,590 South Bay Senior Collaborative $40,651 Elder Law & Advocacy $1,000 Chula Vista Veterans Home Support Fund $2,00C Chula Vista Coordinating Council $20,000 Lutheran Social Services - Project Hand $1O,20C Chula Vista Family Violence $36,522 Thursday's Meal $6,80C Chula Vista Therapeutics $13,087 Chula Vista Literacy Team $9,40: Suits You San Diego $10,594 Southwestern College - South County Career Center $13,60C Total $317,100 COMMUNITY PROJECTS Lutheran Social Services - Caring Neighbor $32,30C Community Preservation Program $50,000 SBCS - Community Development Program $61,75C Total $144,050 ECONOMIC DEVELOPMENT South County Economic Development Council $13,83:: SBCS - Teen Center $25,175 Southwestern College - Contracting Opportunities Center $10,751 Total $49,759 ~ - .-...-- ---..-------...--. PAGE 3, ITEM NO.: r¡ MEETING DATE: 06/19/01 NON-PROFIT CAPITAL IMPROVEMENT PROGRAM Boys & Girls Club of Chula Vista - Skate Board Park $150,00C Scripps Otay Family Health Center $19,500 Chula Vista American Little League $55,00C Total $224,500 CITY CAPITAL IMPROVEMENT PROGRAM Drainage Improvements - Tobias and Glenhaven Way $311 ,000 Connoley Park Renovation $196,70:;; Gateway Chula Vista $300,000 ADA Curb Cuts $50,00C Total $857,702 ADMINISTRATION AND PLANNING South Bay Family YMCA - Human Services Council $26,600 Community Development Department Reference Book $5,00C Regional Task Force on the Homeless $1,000 Information & Referral Specialist $9,91:;; Fair Housing Council of San Diego $39,000 Child Care Coordinator $49,50: Emerson Street Improvements - Design Phase $80,000 City Staff Administration $211 ,78~ Total $422,800 FISCAL IMPACT These contracts, totaling $2,015,911, will be funded out of the City's 2001-02 CDBG entitlement. In the remote event that HUD should withdraw the City's CDBG funding, the agreements provide that the City is not obligated to compensate the sub-grantees for program expenditures. ATTACHMENTS Attachment A: Sample CDBG Agreement with Exhibits J:\COMMDEV\STAFF.REP\O6-19-01\2001-02 CDBG Agreements.doc ry~:3 - -... --..-..-------. -, Sample Agreement ATTACHMENT A AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF ADULT PROTECTIVE SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is rnade this June 22, 1999, for the purposes of reference only, and 'effective as of the date last executed between the parties, between the City ofChula Vista ("City") herein, a municipal corporation of the State of California, and Adult Protective Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: RECIIALS WHEREAS, the City participates in the Cornrnunity Developrnent Block Grant (CDBG) Program, a principal goal of which is to fund prograrns and services which will benefit low and moderate- income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreernent with HUD for the City's annual CDBG entitlernent. WHEREAS, the City Council of the City ofChula Vista held a public hearing and allocated CDBG entitlement funds on May 4,1999, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low incorne households, hereinafter enumerated, performed by the Grantee; and, WHEREAS, HUD requires the execution of a written agreement setting the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee waITants and represents that they are experienced and staffed in a marmer such that they can prepare and deliver the services required of Grantee within the tirne fÌ"arnes herein provided all in accordance with the terms and conditions of this Agreernent; NOW, THEREFORE, in consideration of the rnutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreernent The term of this agreement shall be for a period of one (1) year, fÌ"orn July 1, 1999 through June 30, 2000. 2. Staternent of Work Schedule. The Grantee shall perform those duties described in the Staternent of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Requirernent. The services to be performed by Grantee shall be provided prirnarily to persons of low incorne households. A rninirnurn of 51 % of the persons provided services shall be oflow income, as determined by the most current HUD Incorne Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable rneans to determine the incorne level of each person or family served. 1 r¡ø~ _do .. - < - ,'-' 4. Cornpensation and Rudget. In consIderation for Grantees perfonnance of the work described in Section 2 hereof and on the condition the City receives sufficient CDBG funds and appropriates thern for the purposes provided for in this Agreement, the City shall reimburse Adult Protective Services up to a rnaximum of$12,000 (Twelve Thousand Dollars), payable as set forth in Section 5 below. An iternized budget for said reimbursable expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference and includes itemized budgets for all organizations participating in the collaborative. 5. Reirnbursernent Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments, in arrears, as determined by the Grantee as set forth in Exhibit B, following receipt of the "CDBG Expense Reimbursement Claim Fonn" from the Grantee. Expenses itemized on the "Expense Reimbursement Clairn Fonn" shall be limited to actual expenses incUlTed during the period specified on said fonn, and shall not include ~y anticipated costs. Grantee shall attach Xeroxed copies of all source documentation, such as receipts, bills, time sheets, etc. and shall provide reasonable proof of actual expenses incurred, Reirnbursement Clairn Fonns will not be processed unless accornpanied by the required documentation. Spreadsheet fonnats are not acceptable. The Grantee lIDderstands and accepts that in the event that ffiJD should withdraw the City's CDBG and HOME funding, the City is not obligated to cornpensate said Grantee for its expenditures. 6. Repm:ts. The Grantee shall provide the City with a quarterly report, subrnitted no later than 40 days after the last day of the previous quarter, which includes a narrative of the services provided and an iternized accolIDting of the expenditures of CDBG funds during the previous quarter. Failure to subrnit quarterly reports in a timely rnanner will result in withholding of CDBG funds lIDtil the report has been subrnitted. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons /households served; (b) the nurnber of persons/households receiving each type of service provided; (Ç) of the persons/households served, the number of residents and non- residents ofChula Vista; (d) annual gross household incorne by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) nurnber of female-headed households served; (g) narrative of contract objectives (in Agreernent) cornparing CUlTent objectives vs. original objectives in Agreement. Provide explanation if not meeting original objectives. 7. Assignment. Because of its unique qualifications, City is looking solely to Adult Protective Services to perfonn the work designated in this Agreement. The perfonnance of this Agreement rnay not, by sub-agreement, be assigned to any other entity without prior written consent ofthe City. 2 - _...~ --.,-----....------ - . . , 8. Fmancial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this Agreement. The City, at its discretion rnay require the Grantee to provide or allow the City to undertake a cornplete [mancial and program audit of its records. Those records shall contain, at a rninirnum, the following information for each client served: incorne, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures rnade with City CDBG funds. 9. Represent.atives. The Community Development Director, or his/her designated representative, shall represent the City in all rnatters of this Agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a rninirnum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures rnade with City CDBG funds. 10. Unifonn Administrative Requirernents. The Grantee shall cornply with the applicable uniform administrative requirernents as described in mID regulation 24CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR part 85 "Uniform Adrninistrative Requirements for Grants and Cooperative Agreernents to State and Local Governments". 11. Other Program Reqllirernents. The Grantee shall carry out each activity specified under this Agreernent with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assurne responsibility for initiating the review process under the provisions of24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations". The Grantee shall account for use of Block Grant funds separately frorn other funds so as to dernonstrate that the funds are used for their designated purposes. 13. Program Income. Any program incorne derived frorn CDBG funds shall be reported to the City and shall only be used by grantee for the services funded under this Agreernent. All provisions of this Agreernent shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reirnbursements to the Grantee. If said prograrn income is on hand when this agreement expires, or is received after expiration of this agreement, then said prograrn incorne shall be paid to the City. 14. Conditions for Religions Or.gani7.ations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200(j) which prohibits discrirnination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and lirnitations on the Grantee. 15. Dru~-tree Workplace. The Grantee shall rnaintain a drug-free workplace at all tirnes for the duration of this contract. 16. Lobbying of Federal Officials. The Grantee shall not use any funds provided under this Agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an ernployee of a Mernber of Congress in connection with the awarding of any Federal contract, the rnaking of any cooperative agreement, and the extension, continuation, renewal, arnendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3 - ..--.--- , \ : 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property darnage insurance policies which this Agreernent requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to cornmencernent of the services required under this Agreernent the following certificates of insurance to the City: a) Statutory Worker's Cornpensation coverage plus $1,000,000 Ernployers liability coverage; b) General and Autornobile Liability coverage to $1,000,000 cornbined single lirnit which names the City as additional insured, and which is primary to any policy which the City rnay otherwise carry ("prirnary coverage"), and which treats the employees of the City in the sarne rnanner as rnembers of the general public ("cross-liability coverage"). The insurance shall be issued by an admitted carrier with a Best's rating of A-V or better, except as otherwise approved by the City it its sole discretion. 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and ernployees, frorn and against all claims for darnages, liability, cost and expense (including without lirnited attorney's fees) arising out of the conduct of the Grantee, or any agency or ernployee, or others in connections with the execution of the work covered by this Agreernent, except only for those clairns arising frorn the sole negligence or sole willful rnisconduct of the City, its officers, or ernployees. Grantee indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such clairns, whether the sarne proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or ernployees. Grantee's indemnification of City shall not be lirnited by any prior or subsequent declaration by the Grantee. 19. Su~ension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee rnay be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlernent of any disputes shall be based on the laws of the State of California. 20. Agreernent Modification. This Agreernent rnay not be modified orally or in any rnanner other than by an agreernent in writing signed by the parties hereto. 21. Breach of Contract. The parties reserve the right to pursue any rernedy provided under California law for rernedy in instances where contractors violate or breach contract terms. 22. Reversion of Assets. Upon expiration of this Agreernent, Grantee shall transfer to the City any CDBG funds on hand at the tirne of expiration and any accounts receivable attributable to the use of CDBG funds, including any prograrn incorne derived frorn CDBG funds. 23. Entire Agreernent. This Agreernent represents the entire agreernent between the parties and supersedes any previous or conternporaneous written or oral agreernents. Next page for signature page. 4 r¡ - '---.----'-------..'---.."-"'-' IN WITNESS ~REOF, City and Grantee have executed this Agreement this 'd-d(\~ day of I\:ú , 1999. :~o~ Shirley Horton Mayor, City ofC la Vista ATTEST: ~CU:l~<g~ City Clerk ADULT PROTECTNE SERVICES BY: '!£1-"dJ /, "[fr/l4.;1. V 1 [C:\OFFlCE...AGMT.99] 5 æ g ,"' , . - --- -., ,---,,--- --,_._,----- Adult Protective EXHIBIT A Services, Inc. A private, non-profit agency providing services to seniors in San Diego County. 2840 Adams Avenue, Suite 103, San Diego California 92116-1404 . (619) 283-5731 Statement of Work and Performance Schedule The Community Development Block Grant (CDBG) funds will be used to provide disabled elderly Chula Vista residents transportation to and from the South Bay Adult Day Health Care Center, Adult Protective Services, Inc., will furnish the Community Development Department, City of Chula Vista, with quarterly reports which will include: (a) the total number of persons/households served; (b) the number of personal households receiving each type of service provided; (c) the number of residents of ChulaVista served; (d) the annual gross income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (t) number of female - headed households served, and (g) a narrative of contract objectives (in Agreement) comparing current objectives vs. original objectives in the Agreement and provide an explanation when original objectives are not met. The program will serve 60 eligible Chula Vista residents at anyone time, However, the reports will be made on the actual number of people served by the CDBG funds, The $12,000.00 will be used to purchase approximately 400 trips per month. The objective of this program is to improve the mental and physical well-being of center participants, thereby keeping them as independent as possible, in independent living situations, and out of institutional care. OVER TWENTY-FIVE YEARS OF EXCELLENCE 1~1 - ,--.- . EXHIBIT B SOU', ¡-¡BAY ADULT DAY HEALTH CARE\;ENTER BUDGET 99-00 REVENUES MEDICAL 682,721.00 SHARE OF COST 5,000.00 VETERAN ADMINISTRATION 58,827.00 PARTICIPANT FEES 5,000.00 NUTRITION - DEPT. OF EDUCATION 15,600.00 CITY OF CHULA VISTA (CDBG) 12,000.00 INTEREST & DIVIDENDS 100.00 TOTAL REVENUES 779,248.00 EXPENSES WAGES & SALARIES 432,180.00 FRINGES 105,644.00 CONSULTANTS 48,330.00 AUDITING 875.00 EQUIPMENT, MAINTENANCE & REPAIR 2,710.00 PAYROLL SERVICES 3,530.00 RENT, MAINTENANCE & JANITOR 31,120.00 UTILITIES 4,800.00 TELEPHONE 8,845.00 INSURANCES 13,445.00 OFFICE SUPPLIES AND MINOR EQUIPMENT 14,400.00 OTHER SUPPLIES 6,720.00 POSTAGE 1,920.00 MILEAGE 5,280.00 TRANSPORTATION 57,000.00 TRAINING 500.00 PRINTING 800.00 SUBSCRIPTIONS 800.00 BANK SERVICE CHARGES 50.00 EMPLOYEES' ADS 500.00 DEPRECIATION 850.00 PHYSICAL EXAMS 100.00 FOOD COSTS 36,000.00 CONFERENCE, MEETINGS 200.00 ORGANIZATION DUES 600.00 OTHER COSTS 2,049.00 TOTAL EXPENSES 779,248.00 QUARTERLY BILLING IS REQUESTED INSTEAD OF MONTHLY. 1-10 - .-.....--'---"" ..--. FY 1999 Section S/Public Housing Income Limits 'ATE' CALIFORNIA _--_n__n-_n-n----n--I N COM E . J H J 'f Snnn--nn-------------- 'ective, January 27, 1999 PROGRAM 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 VEHSON 6 PERSON 7 PERSON 0 P>ORSON A : Bakersfield, CA FY 1999 MEDIAN FAMILY 30% OF MEDIAN 8150 9300 10450 11600 12550 13450 14400 15350 INCOME, 38700 VERY LOR-INCOME 13550 15500 17400 19350 20900 22450 24000 25550 LOR-INCOME 21650 24750 27B50 30950 33450 35900 38400 40B50 SA , Los Angeles-Long Beach, CA FY 1999 MEDIAN FAMILY 30% OF MEDIAN 10750 12300 13850 15400 16600 17850 19100 20300 INCOME: 51300 VERY LOW-INCOME 17950 20500 23100 25650 27700 29750 31BOO 33850 LOW-IHCOME 28750 32850 36950 41050 44300 47600 50900 54150 SA : Orange County, CA -- FY 1999 MEDIAN FAMILY 30% OF MEDIAN 14350 16400 18450 20500 22150 23750 25400 27050 -- INCOME, 68300 VERY LOW-INCOME 23900 27300 30750 34150 36900 39600 42350 45100 \ LOW-INCOME 33450 38250 43000 47800 51600 55450 59250 63100 L- SA , Riverside-San Bernardino, CA FY 1999 MEDIAN FAMILY 30% OF MEDIAN 9900 11350 12750 14150 15300 16450 17550 10.,00 INCOME: 47200 VERY LOW-INCOME 16500 18900 21250 23600 25500 27400 29250 31150 LOW-INCOME 26450 30200 34000 37750 40BOO 43800 46BOO 49B50 " , San Diego, CA FY 1999 MEDIAN FAMILY 30% OF MEDIAN 11050 12600 14200 15750 17000 18250 19550 20800 INCOME: 52500 VERY LOW-INCOME 18400 21000 23650 26250 20350 30450 32550 34650 . LOW-INCOME 29jOO 33600 37800 42000 45350 4B700 52100 55450 " . San Luis Obispo-Atascadero-Paso de Robles FY 1999 MEDIAN FAMILY 30% OF MEDIAN 10100 11500 12950 14400 15550 16700 1.,B50 19000 INCOME: 48000 VERY LOR- INCOME 16BOO 19200 21600 24000 25900 27B50 29750 31700 LOW-INCOME 26900 30700 34550 36400 "450 44550 47600 50700 A . Saota Barbara-Santa Maria-Lompoc FY 1999 MEDIAN FAMILY 30% OF MEDIAN 10950 12500 14050 15650 16900 1B150 19400 20650 INCOME: 52100 VERY LOR-INCOME 18250 20B50 23450 26050 2B150 30200 32300 34400 LOW-INCOME 29200 33350 37500 41.,00 45000 4B350 51.,00 55000 SA , Ventura, CA FY 1999 MEDIAN FAMILY 30% OF MEDIAN 13700 15650 17650 19600 21150 22700 24300 25850 INCOME: 65300 VERY LOW-INCOME 22B50 26100 29400 32650 35250 37B50 40500 43100 LOW-INCOME 33450 38250 43000 47BOO 51600 55450 59250 63100 lINTY Imperial County FY 1999 MEDIAN FAMILY 30% OF MEDIAN 7100 BBOO 9900 11000 11900 12750 13650 14550 INCOME: 32600 VERY LOW-INCOME 12850 14700 16500 1B350 19BOO 21300 22750 24200 LOR-INCOME 20550 23500 26400 29350 31700 34050 36400 3B750 lINn InYo County FY 1999 MEDIAN FAMILY 30% OF MEDIAN 8400 9600 10B50 12050 13000 13950 14900 15900 INCOME: 40100 VERY LOW-INCOME 14050 16050 18050 20050 21650 23250 24850 26450 LOR-INCOME 22450 25650 2BB50 32100 34650 37200 39BOO 42350 lINTY Mono County FY 1999 MEDIAN ~AMILY 30% O~ MEDIAN 9100 10400 11 700 13000 14050 15050 16100 11150 INCOME: 42800 VERY LOW-INCOME 15150 17300 19500 21650 23400 25100 26B50 2B600 LOR-INCOME 24250 27700 31200 34650 37400 40200 42950 45700 ~ ""'- -'-------'---'-...---... EXHIBIT 0 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following formation must be disclosed. 1. List the names of all persons having a financial interest in the contract, i.e. contractor, subcontractor, material supplier. Adult Protective Services, Inc. City of Chula Vista 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 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---K.. If YES, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Malachy J. Murphy, Executive Director Paul Campbell, Program Manager 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? YES- NO-X If yes, state which Councilmember(s): Eerson is defined as: "Any individual, firm, co-partnership. joint venture, association, social club, fraternal organization, corporation, estate, /tust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acUng as a unit. . (NOTE: Attach additional pages as necessary) Date: July 12, 1999 IlÆQh( ~ 1~?11.. '" ~ Signature ontractor/ap icant Malachy J. Murphy Print or type name of contractor/applicant M:\HOMElCOMMDEVlMASTERS\QISCLOSE.TXT (Augusl22. 1996) 7#/'); -' ...-..-.--------- MEMBERS OF THE BOARD OF DIRECTORS OF;UL T PROTECTIVE SERVlCES, INc. .:840 ADAMS AVENUE, STE. 103 SAN DIEGO, CA 92116 (619) 283-5731 Charles Bell, Ph,D., President Marie Hood 10460 Brookhurst 2834 Adams Avenue San Diego, CA 92126 San Diego, CA 92116 547-0597 (Home) 281-8035 Dorothy Yonemitsu, Vice President Susan La Flam 2431 Alto Cerro Circle San Diego Gas & Electric Company San Diego, CA 92109 8326 Century Park Court Room 204 273-3576 San Diego, CA 92123-1576 654-1710 (Work) Evelyn Herrmann, 2"d Vice President 3863 Aragon Drive Ann O'Neill San Diego, CA 92115 539 Telegraph Canyon Road #561 582-0528 Chula Vista, CA 91910 699-6821 (Work) Muriel E. Baze, Secretary PO Box 541 Lloyd Plummer Rancho Santa Fe, CA 92067 9141 Golondrina Drive 756-3443 La Mesa, CA 91941 462-9141 Seth Torres, Assistant Secretary 3620 Hyacinth Drive Arthur Price, Adm. San Diego, CA 92106 900 Alameda Avenue 222-3741 Coronado, CA 92118 435-2358 Thomas Shumaker, Treasurer 904 Rosecrans Joyce Rezin San Diego, CA 92106 10747 Viacha Drive 223-8825 San Diego, CA 92124 268-0975 Loretta Ames 1515 Lucky Street Faustina Solis Oceanside, CA 92054 8428 Encino Avenue 439-8599 San Diego, CA 92123 278-3722 M. L. Dickson 3141 Courser Avenue Hedy Stelzer San Diego, CA 92117 1873 Loyola Court 273-4655 Chula Vista, CA 91913 421-8206 Billy Frank 8775 Aero Drive, Suite #238 Rosa Zuniga San Diego, CA 92123-1756 3669 Richmond Street 565-1392 San Diego, CA 92103 291-3862 (Home) 585-0600 (Work) Anita Harbert San Diego State University/School of Social Work Medical Advisor 5500 Campanile Drive J. T. Jennings, M, D, San Diego, CA 92182-4119 11330-4 Camino Playa Cancun 594-6310 San Diego, CA 92124 279- 3644 Malachy J. Murphy, Executive Director Ann Day-Bardach, Assistant Administrator 578-2175 (Home) 295-2342 (Home) APS: 11/98 Rev: 12/98 - - _.._---_0__--_0 ..-..-..--- ..-. COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2001-02 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, the City participates in the Community Development Block Grant and HOME Investment Partnership (HOME) programs, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City Council of the City of Chula Vista held a Public Hearing on April 3, 2001 to review and receive public comment on the draft Consolidated Annual Plan for fiscal year 2001-02; and WHEREAS, on May 8, 2001 the City Council of the City of Chula Vista approved the CDBG and HOME program budgets for fiscal year 2001-02; and WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the sub-grantees; and WHEREAS, the sub-grantees warrant and represent that they are experienced and staffed in a manner such that they can prepare and deliver the services required by the Grantor within the timeframe herein provided all in accordance with the terms and conditions of this Agreement; and WHEREAS, in the event that HUD should withdraw the City's CDBG and HOME funding, the City is not obligated to compensate the sub-grantees for program expenditures. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the following CDBG agreements and authorize the Mayor of the City of Chula Vista to execute said agreements for the purpose and amount stated on behalf of the City of Chula Vista. PUBLIC SERVICES United Way of San Diego County - Info Line $4,250 Chula Vista Youth Services Nefwork $123,151 Sharp HealthCare Foundation $21,25C Chula Vista Aquatic Association $4,590 South Bay Senior Collaborative $40,651 Elder Law & Advocacy $1,000 Chula Vista Veterans Home Support Fund $2,00C Chula Vista Coordinating Council $20,000 Lutheran Social Services - Project Hand $10,20C Chula Vista Family Violence $36,522 Thursday's Meal $6,80C Chula Vista Therapeutics $13,087 Chula Vista Literacy Team $9,40: Suits You San Diego $10,594 Southwestern College - South County Career Center $13,60C Total $317,100 r'j//LJ - -----...--...--....--.-.---.-.-.---- COMMUNITY PROJECTS Lutheran Social Services - Caring Neighbor $32,30C Community Preservation Program $50,000 SBCS - Community Development Program $61,75C Total $144,050 ECONOMIC DEVELOPMENT South County Economic Development Council $13,83~ SBCS - Teen Center $25,175 Southwestern College - Contracting Opportunities Center $10,751 Total $49,759 NON-PROFIT CAPITAL IMPROVEMENT PROGRAM Boys & Girls Club of Chula Vista - Skate Board Park $150,00C Scripps Otay Family Health Center $19,500 Chula Vista American Little League $55,00C Total $224,500 CITY CAPITAL IMPROVEMENT PROGRAM Drainage Improvements - Tobias and Glenhaven Way $311,000 Connoley Park Renovation $196,70~ Gateway Chula Vista $300,000 ADA Curb Cuts $50,00C Total $857,702 ADMINISTRATION AND PLANNING South Bay Family YMCA - Human Services Council $26,600 Community Development Department Reference Book $5,00C Regional Task Force on the Homeless $1,000 Information & Referral Specialist $9,91~ Fair Housing Council of San Diego $39,000 Child Care Coordinator $49,50~ Emerson Street Improvements - Design Phase $80,000 City Staff Administration $211,78~ Total $422,800 Presented by Approved as to form by Chr~~ne ~ J~?:;/~ ~ J Director of Community Development C' Y. ttorney J:\COMMDEVIRESOS\2001 CDBG Resolution.doc '7 - IS OII!!-:~. . - ..-... _..._--_..~..__._--_._--- COUNCIL AGENDA STATEMENT Item: -.ß.. Meeting Date: 6/19/01 ITEM TITLE: Resolution of the City Council of the City of Chula Vista, approving agreernent between the City of Chula Vista and Southwestern Cornrnunity College District for Tennis Center use, and authorizing the Mayor to execute said agreement. (4/5ths Vote: Yes- Nol) SUBMITTED BY: Andy Carnpbell, Director of Parks and Recreation ~ REVIEWED BY: David D. Rowlands, Jr., City Manager C ("""0 l'-- ¿.' Accepting the early termination, June 30, 2001, of the existing agreernent between the City and the Southwestern Community College District for use of the Tennis Center at Southwestern College per provisions in the original Joint Use Agreernent initiated Novernber 2, 1971. Approving a new agreernent (Attachment A) transferring control of, and responsibility for, the Tennis Center to the District who will provide continued public access to Tennis Center courts; develop a year-round, cornprehensive, cornrnunity tennis program at the Center; develop a satellite tennis program for youth and adults; and establish an Advisory Board to provide input into the operation and programrning of the Center. STAFF RECOMMENDATION: That the Council adopt the Resolution accepting early termination of the original Joint Use Agreement as of June 30, 2001; and approve the new agreement with the Southwestern Community College District that provides for continued public access to the Tennis Center and develops community tennis prograrns. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Cornmission recommends that the Council adopt the Resolution. DISCUSSION: The City constructed a tennis facility on the campus of Southwestern College in 1970, under an agreernent with the Sweetwater Junior College District. Following cornpletion of the project, the City opened and began to operate the Chula Vista Tennis Center at Southwestern College in late 1971, in conjunction with a 30-year joint powers agreement with the College District that delineated respective rights for use of the facility. The Tennis Center has been managed through contractual agreements with tennis professionals since the facility opened. Mr. Frank Chaboudy, the current Tennis Professional, has operated the Tennis Center since Novernber of 1985, with his most recent agreement with the City being approved by Council in August of 1998. This agreernent was originally scheduled to end on Novernber 2, 2001 in order to coincide with the. existing Joint Use Agreernent termination with the College District. With the early termination of the Southwestern agreernent we have also negotiated a "Release of All Claims" (Attachment B) terminating the contract with Mr. Chaboudy, effective June 30, 2001. I - _.mo__. . .--.-....--.m...--- ---.__. Staff believes that the new agreernent, providing cooperation with, and utilization of, professional District staff and resources, will serve to expand and irnprove upon cornrnunity prograrnrning offered through the Tennis Center. The creation of a District Tennis Center Director position to oversee the operations of the Tennis Center will also provide consistency of supervision and direction and will have assistance frorn the establishment of an Advisory Board which will consist of representatives frorn the District, City and general public. In addition, the fIVe-year period of the agreernent, with option to extend, will serve to bridge the gap between the end of City-provided tennis prograrnrning at the Tennis Center and the potential planning and construction of new tennis facilities as part ofthe City's Parks Master Plan. Community prograrnrning at the Tennis Center has historically included year-round private and group instruction for all ages, a Junior Tennis Prograrn, which has included tournarnent cornpetition, and, during the surnrner, youth tennis clinics for ages 6-17. In addition, the Center's four courts have been available to the public for play throughout the day and evening; hours of operation have been Monday through Friday, from 8:00 AM to 8:00 PM and Saturday and Sunday frorn 8:00 AM to 5:00 PM. Under the proposed new agreement, the public will continue to have access to Tennis Center courts at a rninirnum of during the same days and tirnes previously provided under City supervision, subject to the District instructional class schedule and community programming needs. The District will also develop and conduct a year-round, cornprehensive, cornrnunity tennis prograrn to include instructional classes and tournament opportunities for both youth and adults. This prograrn will begin by Septernber 1,2001, and the City will assist in the distribution of prornotional materials related to this community programrning. In addition, the District will develop and conduct, on a self-sustaining basis, an instructional tennis program for youth and adults at selected "satellite" sites throughout the City. The City will develop and conduct a needs assessment survey to docurnent community need for this prograrn and will assist the District in securing satellite facilities, which may be a cornbination of City and Sweetwater Union High School District (SUHSD) facilities. The City may also initiate a City- run satellite tennis prograrn for Summer 2001 in the event that the District is not able to imrnediately meet this need due to the lirnited tirne available between the adoption of the agreernent and the beginning of summer. This City-run program, which would be run on a self- sustaining basis, would be intended to satisfy the interirn need for satellite prograrnming until the District is able to get its planned satellite prograrn operational. The District is currently renovating and expanding the existing Tennis Center parking lot and will honor all Tennis Center parking passes issued by the City in any carnpus lot through June 30, 2001. The District will allocate a minimurn of ten (10) parking spaces, including one handicapped space, for community parking in the renovated Tennis Center lot. After June 30, 2001, patrons of the Tennis Center will need to adhere to general District parking regulations; daily permits are available for $1.00. The City will honor patron requests for partial refunds of $5.00 for the six-month period frorn July through Decernber, 2001, for previously-issued, full- year, City-issued parking permits; the maxirnurn total of rnoney that rnay need to be refunded is $1,500. Staff is also recommending waiver of the rnonetary penalty of $1,438.60 for early District termination provided for by provisions of the original Joint Use Agreernent in light of the need for the four Tennis Center courts to be renovated in order to bring them up to appropriate playing condition for further use. '6 - . --- . - ----------..-.. .---- -----_. FISCAL IMP ACT: Other than the waiver of rnonetary penalty and the possibility of incurring rninirnal costs associated with the potential, City-run, summer satellite program (again, this prograrn would be self-sustaining through revenue), the City wilI incur no additional expense in relation to this agreernent. The distribution of prornotional rnaterials related to future community programming by the District and the time of the City liaison to the Advisory Board will be absorbed by existing budget. Attachments: A. Agreement between City of Chula Vista And Southwestern Community College District For Tennis Center Use B. Release of All Claims _.. -.-------------- AGREEMENT BETWEEN CITY OF CHULA VISTA AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR TENNIS CENTER USE This Agreement is entered into by and between the City of Chula Vista ("City") and Southwestern Community College District ("District") as ofJuly 1,2001. RECITALS WHEREAS, City and District entered into an agreement dated November 2, 1971, entitled "Southwestern College Tennis Center Use Agreement Between the City of Chula Vista and Sweetwater Junior College District (now known as Southwestern Community College District)" (Joint Use Agreement; Attachment "A") for the construction and use of the ChuJa Vista Tennis Center (Tennis Center); and WHEREAS, the Joint Use Agreement provides for the mutual consent of the parties to scheduling use and hours thereof; and WHEREAS, the District wishes to tenninate the Joint Use Agreement early, per provisions provided within General Provisions, Section 10 of the Joint Use Agreement; and WHEREAS, it is in the best interest of the parties to cooperate for the benefit of the community; NOW THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained, the parties agree as follows: Section 1: City Obligations City Shall: 1. Agree to early tennination of the Joint Use Agreement as of June 30, 2001, pursuant to the one- year, written notice previously provided by the District as set forth in section 8 of the Joint Use Agreement. 2. Forgive the early tennination monetary penalty of $1,438.60 as set forth in the Agreement, in consideration of the community programming detailed below under "District Obligations." 3. Allow the District to take control and responsibility of the four Tennis Center courts any time after May 13, 2001, for the purpose of beginning renovation of the courts, provided that District makes available four adjacent courts for Tennis Center use with amount of access equal to that of the four courts under renovation. 4. Vacate the Tennis Center facility and remove all City or Contractor owned furnishings, equipment and supplies by June 30, 2001. ~ Attachment A - .~~_.._....._~.._---- '---""'--'__'__0 AGREEMENT BETWEEN CITY OF CHULA VISTA and SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR TENNIS CENTER USE Page 2 of 4 5. Assist with the distribution of promotional materials related to the District-run community programming mentioned below. 6. Develop and conduct a needs assessment survey to document the community need for tennis instruction at selected satellite facilities throughout the City. 7. Assist the District in securing facilities to be utilized for developing and conducting a satellite instructional tennis program for youth and adults. These sites may include a combination of City and Sweetwater Union High School District (SUHSD) facilities. The City will provide selected City tennis courts and act as a liaison between the District and SUHSD for this purpose. 8. Provide a staff liaison to the Tennis Center Advisory Board established by the District to assist in the coordination of Tennis Center and satellite programs. Section 2: District Obligations District Shall: 1. Accept all facilities in "as is" condition as of June 30, 2001, and assume control and responsibility for the Tennis Center facilities and courts. 2. Honor all parking passes sold by the City during the current calendar year through June 30, 2001, in any campus parking lot during the period of time that the Tennis Center parking lot is under renovation. Allocate a minimum of ten (10) spaces, including one handicap space, in renovated Tennis Center parking lot for community parking. 3. Provide the general public with continued access to tennis courts at a minimum, Monday through Friday, trom 8:00 AM to 8:00 PM and Saturday and Sunday from 8:00 AM to 5:00 PM, contingent upon the District instructional class schedule and community programming needs. The District will post the semester-by-semester schedule of use at the facility. 4. Establish a Tennis Center Advisory Board consisting of representative(s) of the District, City staff and general public to provide input into the operation and programming of the Tennis Center. 5. Develop and conduct a year-round, comprehensive community tennis program at the Tennis Center, including instructional classes and tournament opportunities for both youth and adults of the community. The program is to begin by September 1,2001, and is to be offered outside of, and in addition to, the regularly scheduled academic-based tennis classes offered by the District. 6. Develop and conduct an instructional tennis program for youth and adults at mutually agreed, selected satellite sites throughout the community, utilizing a combination of available City and SUHSD facilities. This program is intended to be self-sustaining, with all revenue going to the District, and with dates and times to be determined via input trom the Advisory Board. ",-",.".".-----"'.'-. - . AGREEMENT BETWEEN CITY OF CHULA VISTA and SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR TENNIS CENTER USE Page 3 of 4 Section 3: Hold Harmless The City agrees to indemnify, defend and hold hanDless the District, its officers, agents and employees from any and all liability, claims and losses accruing or resulting to any and all contractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the negligent performance of this Agreement, and ITom any and all liability, claims and losses accruing or resulting to any person, firm or corporation who may be injured (including death) or damaged by the acts or omissions of the City in the negligent performance of this Agreement. The District agrees to defend, indemnify, and hold hanDless the City, its elected and appointed officers and employees, nom any and all liability, claims and losses accruing or resulting to any and all contractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the negligent performance of this Agreement, and nom any and all liability, claims and losses accruing or resulting to any person, firm or corporation who may be injured (including death) or damaged by the acts or omissions of the City in the negligent performance of this Agreement. Section 4: Term The term of this agreement shall be for five (5) years nom the date hereof and with an option to be extended for mutually agreed, additional years. Section 5: Termination This Agreement may be terminated by mutual consent of the parties at any time and for any reason, by giving specific written notice and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. "In the event that the District defaults on the terms of the Agreement, it shall provide compensation to the City in the amount of$I,438.60, which is equal to the amount forgiven by the City for early termination ofthe original Joint Use Agreement." Section 6: Miscellaneous 1. Entire Agreement This Agreement, together with any other written document refelTed to or contemplated herein, embodies the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 2. Capacity of Parties Each signatory and party hereto walTants and represents to the other party that it has legal authority and capacity and direction ITom its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this. Agreement. <g ~. - _.' .---.- -.------ .--... AGREEMENT BETWEEN CITY OF CHULA VISTA and SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR TENNIS CENTER USE Page 4 of 4 3. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in the County of San Diego, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and perfonnance hereunder, shall be the City of Chula Vista. J M. Wilson, Director Date usiness and Operations Southwestern Community College District Approved as to form: . ~~ l...fY'1ø A A LL. Marcie E. Sinclair, Esq. Date Vice President for Human Resources & Legal Affairs Southwestern Community College District John M. Kaheny, City Attorney Date City of Chula Vista Approved: sl.., I 0 i Serafin A. asuetcr h.D. Date S uperintcnden tlPresid ent Southwestern Community College District Shirley Horton, Mayor Date City of Chula Vista - ----.-.------,,--. RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, Frank Chaboudy, being of lawful age, for sole consideration of Three Thousand Dollars ($3,000.00), do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge THE CITY OF CHULA VISTA and his, her, their, or its officers, agents, employees, servants, successors, heirs, executors, administrators, and all other persons, firms, corporations, associations or partnerships of and from any and all clairns, actions, causes of action, dernands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now haslhave or which rnay hereafter accrue on account of Breech of Contract for the agreernent (CO98-120, attached) between the City ofChula Vista and Frank Chaboudy for operation of the Chula Vista Tennis Center, dated August 4, 1998. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payrnent rnade is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefore and intend merely to avoid litigation and buy their peace. It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows: "J 542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. " The undersigned further declare(s) and represent(s) that no prornise, inducement or agreernent not herein expressed has been rnade to the undersigned, and that this Release contains the entire agreernent between the parties hereto, and that the terms of this Release are contractual and not a rnere recital. I hereby represent that at the tirne I sign this Release I am not hospitalized in a rnedical facility nor was I adrnitted to a medical facility within the past 15 days. THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT TO BE A FULL AND FINAL RELEASE OF ALL CLAIMS. EXECUTED UNDER PENALTY OF PERJURY THIS ~.( day of \.Ji/.vF ,ø .;r-~' / ~~ /' 1~ Witness, to Signature. '/..-/. /':¿ C y ~ .P/Jeþ;r; ~;4y;;lJ4I ~4~ / d7¿ fi~Tl/ /Iv'E.. é Lf ¿¡i- q I"rloj Signature 1/- Address of Witness ~~Æ:M' . ~ 7'1 J7V2J:r <[ ~~T7/l# ..:::J 7t p¿;~ ßt/é: Ct./. crt 9/'Pð Signature " . Address of Witness g Attachment B - .-..-..-....-----. , AGREEMENT FOR TENNIS SERVICES ~~ PE?~IT FOR USE OF THE CwrLA VISTA TENNIS CENTER THIS AGREEMENT, made and entered into in the City of Chula Vista, California, this ~ 1-\-) \C\D.€> by and between the CITY OF CHULA VISTA, a munic' al corporat~on, hereinafter referred to as "CITY", and FRANK CHA:!30UDY, Tennis Prof"essional, hereinafter referred to as "PROFESSIONÞ-L"; ¡'IITNESSETH: WdEREAS, the City is the owner of four tennis courts ("Co'.;rts") and a small ancillary structure currently housing a pro shop, lounge, restrooms ("Pro Shop") located at the Southwestern Community College campus in the City of Chula Vista (the courts and Pro Shop and related ancillary grounds, including the parking shall herein be referred to as "Tennis Complex" or "Complex"); and, WHEREAS, City desires that the general. public, and in particular the residents of the City of Chula Vista, should have a good quality of municipally provided tennis facilities and services; and, WHEREAS, Professional represents and warrants that he is able to provide tennis instruction and complex management and maintenance according to the terms of this agreement; NOW, THEREFORE, in consideration of the premises and upon the terms and conditions contained herein, the City and the Professional agree as follows: ..' License to Occupy and Use- For the Term of this Agreement, City hereby grants a revocable lice:1se to Professional to occupy and use the Tennis Complex for the purposes of permitting the public to learn, enjoy and play the spar:: of tennis, and in the manner herein specified: II. TERM A. The nominal term of this agréement, subject to special termination or extension as herein below provided, shall be for for¡;y-one (41) months beginrÜng on June 8, 1998, and ending at mid!"!ight Or1 November 2, 2001 ("Nominal Term"). B. Special Extension. Notwithstanding the preceding s~~section, City and Professional ~pon mutual written agreement may ex::end the no~inal term of this Ag;eement so that the profession~l ma~ continue operations a:: the Te,,:1Ìs Com;::¡lex as specified here~n i ~6qg~ J ~() y; L~1 ~ \9 \ 2- ~ _. ....""-.' ..-.....-....---...-...--.---. during the time that contract negotiations by City and Southwestern Community College for use of the site are occurring. C. Special Termination. Notwithstanding subsection A, and ;n addition to the other remedies provided by City within the terms;f this agreement, City shall have the right, upon thirty (30) days notice to the Professional to cancel this agreement if, in the opinion of the City Manager, the qper~tions conducted by Professional are unsatisfactory and, after Professional has been granted t.hirty (30) days to correct same, they h.ave not been corrected. In the event of such cancellation, the replacement Professional obtained by the City shall purchase from Professional his non-returnable inventory of merchandise for sale at Professional's cost and his equipment at its fair market value. In the event of disagreement on values, the City Manager shall establish a value which shall be binding upon the parties to this agreement- D. Definition: Term. As used herein, "Term" shall refer to the period of time during which this agreement is actually in effect which shall be the Nominal Term unless specially terminated as herein provided. E. At the conclusion of the Term of this agreement, the City reserves the right to solicit and advertise for new proposals to operate and manage the tennis facilities. F. Upon the expiration of the agreement, the Professional shall be expected to put the premises in as good a condition as at the beginning of said contract, ordinary wear and tear excepted. G. During the last thirty (30) days of the Term of this agreement, or within thirty (30) days of any cancellation or other eXplraë:lOn, Professional shall remove at his own expense his own furniture, furnishings, equipment and fixtures. Should Professional fail to remove said items within said thirty (30) day period, he shall lose all rights, title and interest in said items, and Cicy may elect to keep same upon the premises or to sell, remove or demolish them. In the event of such sale, removal or demolition, Professional shall reimburse City for any cost in excess of any consideration received by City as a result of said sale, removal or demolition. III. FINANCIAL MATTERS lL Accounting Matters. 1. The Professional shall keep adequate books and records, make all tax returns and pay all taxes :cequi:::-ed ln connection therewith in his own name. Such books and records shall be the property of the Professional but shall be open to the inspection of the City by and through its City Manage:::- 0:::- othe:::- 2 10 - ...---..-.-------"'---- . duly authorized agent at reasonable times during business hours The Professional shall be required to maintain a method o~ accounting of all the receipts and disbursements received Or-mad: by said Professional from the operation of said concession. ~ 2. The bookkeeping records installed and maintained by the Professional shall be approved as to form by the City and shall permit the preparation of statements of profit and loss and balance sheet. The Professional shall submit to the City, on a semi-annual basis, a financial statement indicating all profits, losses, and balances of the operation of said Tennis Center. The City may inspect and audit books and accounts and records of the Professional at all times. B. Responsibility for Utilities. The Professional shall pay all charges for gas, electrical utilities, telephone service, and court washing expense necessary to carry on the operations of the tennis complex u~less otherwise specified in the permit. IV. CONSIDERATION FOR PROFESSIONAL. As consideration for the services rendered by the Professional and the services of all additional employees, it is expressly understood and agreed by the parties hereto that the Professional may retain the following revenue charged according to the provisions of this Agreement: 1. All revenues from tennis lessons. 2. All revenues from the sale and/or repair of tennis equipment. A. All fees collect~d at the Tennis Complex shall be the exclusive property of the ?rofessional. These f~es shall be based upon a posted fee rate and must be consistent with those charges being made at other facilities within San Diego County. Any change 2-n these charges will be made only upon prior approval of the Director of Public Works. v. DUTIES OF THE PROFESSIONAL A. Operation of Pro Shop. 1. Supplies and Equipment. The Professional shall at his discretion keep and maintain for sale an inventory of supplies and equipment in keeping with the demand of the Ten~is Complex and shall keep these items at prices recommended by the manufacturers of said m~rchandise. The Professional shall operate all concessions as an independent 3 -II - -.-. .-....---..-....----- . contractor. He shall purchase and- pay for all materials and merchandise used or sold in the operation of said concession in his name, and at his own responsibility, and receive and retain all income derived from the operation as his own and for sole use and benefit.. 2. Maintenance of Pro Shop Premises. ~ The Professional shall keep thé- Pro Shop premises assigned by this agreement in a clean and sanitary condition and free from rubbish at all times and shall . ê!ssume complete responsibility for janitorial services for said premises. 3. Equipment Servicing. The Professional shall be required to provide all maintenance, repair and service required on all equipment used at the Complex, or sold at the Pro Shop. a. City Equipment. In the event City owned equipment is used, the City shall have the right to prescribe in detail the type and frequency of maintenance and repair to be performed by the Professional. Because of the City's interest in preserving lts equipment and providing clean and sanitary conditions ln the event the Professional fails to perform the work prescribed pursuant to the above on City or Professional owned equipment, the City Manager or Director of Public Works shall have the right, after ten (10) days written notice to correct the deficiency, to cause the prescribed work to be performed in an efficient manner and to charge the Professional for the cost thereof- Cost shall be equal to the sum of the cost of the direct labor and materials necessary to perform the work in an efficient manner plus overhead cost- No equipment provided by the City shall be removed or replaced by the Professional without prior written consent of the City Manager and if consent is secured, such removal and/or replacement shall be to the sole cost and expense of the Professional. 4 - Furniture and Furnishings. The Professional shall furnish and install at his own expense in the Tennis Pro Shop building, all necessary furniture, furnishings and equipment required in order to render sufficient and adequate service, as determined by the City - Professional further agrees that all furniture, furnishings and equipment will be maintained and kept intact by repair or replacement as required at Professional's expensE- B. Maintenance and Operation of Tennis Complex- The Pro.::essional shall provide necessary mate::-ials and 4 ~ .- --- ---------.-- ---------- ' personnel at his own expense to adequately cover the operation of the Tennis Complex, including specifically the Pro-Shop and four (4) tennis courts, during the operating hours hereafter referred to. 1. Courts. Professional shall be required to clean the four. (4) C~tY-°"?1e~ tennis courts ~aily before 9:00 a.m. '. cleaning to lncludlng plcklng up of rubblSh on' courts, emptYlng trash containers, sweeping off excessive dirt from courts; washing of said courts must be on a regular weekly schedule prior to 8 :00 a.m., except during drought conditions, in which Cqse, they should be washed in accordance with a schedule approved by the Director of Public Works. 2. Nets. The Professional shall maintain and replace all tennis nets. 3. Parking Permits. The Professional shall distribute parking permits for City-owned tennis facilities, Permits shall be provided by the City. 4. Light Coin-Meters. The Professional shall collect all revenues from City-owned light meters. 5. Help- The Proressional shall employ any and all assistants thõ.c may be necessary to carry out the terms and provisions of this agreement and shall pay their salaries and such other and rurther sums as may be required of them for tax and other purposes. If these assistants collect or handle any money due the City of Chula Vista, they shall be approved as provided herein by the City before being employed by the Professional. If, ror any reason, any or said assistants shall display flagrant misconduct, he/she shall be dismissed at the request of the City Manager. 6. Staffing and Hours of Operation- a. Except as may be otherwise provided by the èity, the ?r-ofessional or- a similarly qualified assistant shall be present at the Tennis Complex during all hours in which the complex is open to operate, supervise, promote and manage the functions authorized by this agreement. b. The Professional, hÍs agents or employees in sufficient number to handle Tennis Complex activities, shall be on duty daily at the Tennis Complex, Monday through Saturday, weather permitting, from 9:00 a.m. to 5:00 p.m., excluding Sunday a~d holidays. Provisions shall be made to provide a method ln receiving telephone calls while on the court giving lessons. T~e Pro Shop may be kept open additional hours at the discretion of tne Tennis Professional to meet the needs of the public. 5 _. - -'" ._---_._~'"_._-- ' . c. The Profe~sional ?hal~ not be absent from the TennlS Complex for an exceSSlve perlod In any week unless he is representing the City of Chula Vista by performing in a tennis tournament. Such attendance must have the consent of the Director of Public Works, except in instances of illness or during vacation periods. 7. Maintenance of a Health-Conscipus Environment. Professional shall take such steps as are necessary to create a health-conscious environment at the Tenn~s Complex. The determination of such steps to take shall be made in the discretion of Professional except that such steps shall include the prohibition against smoking and against the consumption of alcohol and illegal drugs at the Tennis Complex. C. Tennis Lessons. It is agreed that in addition to his other duties hereunder, the Professional shall cause instruction to be given in the game of tennis. Tennis instruction shall be given only to bona fide instructees, with individual lessons confined to one court at a time (exception - see Premises). Adult group lessons may be conducted provided prior written approval is obtained from the City both as to the hours during which group lessons may be conducted and the location of courts which shall use only one court if five (5) or less persons undertake group lessons and two (2) courts ." l.L six (6) or more persons undertake instruction. Fees ror such instruction shall be in keeping with accepted custom and practices in the tennis profession. Classes will be completely self-sustain- ing- All proceeds will go to the Tennis Professional. 1. Professiona:- shall be entitled to physically occupy one (1) and, with the City's advance consent, possibly two (2) courts at the Tennis Complex for the purpose of providing tennis lessons to members of the public according to the following times, r"y~.: ,.:r,r.l rules: a. The professional may be permitted the use of a second court at the tennis center in accordañce with the following conditions: (1) A second teach~ng court may be used with prior written approval from the Director of Public Works. Times Gnd day must be included in any such ~equest. (2) If the Professional is using a second court at time s and days not approved, the following condition for USê.ge ;nust be adhered to: (2) No playe~ may be asked to relinquish ':u;rt in order to provide additional usage for the Professional 6 -. ._.. --.--.------.-'.-..-.- . to make up canceled lessons. (b) Professional must relinquish ~ho additional court to waiting players after completion of the l~s~~; in progress or after thirty (30) minutes. . D. Tennis Events. ,- L The Tennis Professional w~ll also coordinate area-wide open tennis tournaments annually, one of which shall be for Chula Vista residents only. 2. The Professional shall coordinate, promote and schedule such tennis events sponsored by, by way of illustration but not. limitation, the City of <:hula Vist.a, ~onvention type organlza~lons, and such other recognlzed organlzatlons as may from time to time request scheduling of tennis events. 3. Youth Tennis Program. The Professional shall utilize all four (4) tennis courts at the tennis center Monday-Friday between the hours of 3:30 p.m. and 7:00 p.m.; and Saturday between the hours of 1:00 p.m. and 3:00 p.m. for the Youth Tennis Program. In addition, Professional shall utilize two (2) tennis courts at the center on Sundays between the hours of 1:00 p.m. and 5:00 p.m. for the Youth Tennis Program. Chula Vista residents shall receive priority over non-residents in this program. 4. Adult Doubles Program. The Professional shall util- lze two (2) tennis courts at the center from 6:30 p.m. to 7:00 p.m., and all four (4) tennis courts from 7:00 p.m. to 8:00 p.m. on Wednesday for an open-enrollment adult doubles program. Chula Vista resident:s shall receive priority over non-residents if pi3.r- ticipation reaches maximum levels in this program. 5. Access to Youth Tennis Program. Youth participating in the Junior Tennis Program must maintain an academic grade point Qverage or at least 2.0. -. Complex Promotion. Under the direction of the City, the Professional shall advertise and Dromote the Tennis Complex and shall be responsible for such promotional functions. The Director of Public works or his/her designee shall approve all promotional material prior to distribution. F. Signage. No signs or advert:ising matter shall be displayed outside such premises wiL~o~L prior conse~t of the City. 7 J _. ---.----------------------- . G. City's Inspection Rights. The City shall have the right to enter upon said premises at any and all reasonable times during the term of the permit fo~ th purpose of inspection and observation of the Professional,e operations. It is further agreed that the inspections may be mads by . City employees, or may be made by independent contractor: engaged by the City. The City shall have,th~ right to inspect for the purposes set forth below; however, the enumerations below shall not be construed to limit the City's right of inspection for any purpose incidental to the right of the City M~nager: 1. To determine if the terms and conditions of this permit are being complied with. 2 - To observe transactions between the Professional and patrons in order to evaluate the quality and quantities of other items sold or dispensed, the courtesy extended to and method of dealing with the public, the performance and caliber of the Professional's employees, and the methods of recording receipts. It is understood that the information gathered on these inspections will be used to evaluate the Professional to provide a basis for any action by the City Manager or Director of Public Works or City for the removal or denial or renewal of this permit. H. Indemnity Provisions. The Professional shall indemnify and hold harmless the City, its officers, employees, or agents from any claims arising from the use of the premises or from the operation of the Tennis Professional Shop. I. Insurance. The Professional shall provide and maintain throughout the term of this Agreement a policy of general liability and property damage insurance approved by the City Attorney with limits of $300,000 for injury to any one person and any one accident, $500,000 to two or more persons from any one accident or occurrence, and $50,000 for property damage or $500,000 combined single limi t and shall also carry a policy for Worker's Compensation Insurance covering any and all employees. Certiíicates evidencing coverage and a policy endorsement for the general liability policy which names the City of Chula Vista as additional insured shall be filed with the City Clerk, 276 Fourth Avenue, Chula Vista, CA. J. Alterations or Additions. It lS further understood a!1d agreed that the Professional ,.. ",tOo make any elcera::ions or additions to the !Jro Shop or to 8 .-.-< .-....--------.-"-- - . s:quipment belonging without first having any to the City the consent of the City to such change or alteration. 1. The Professional shall be fully aware of the material conditions of the Tennis Complex and tennis facilities at alï times, and as the conditions dictate, make specific recommendations to the City for corrective actions as the City deems necessary The Professional shall not be held respo~sibfe for work performed or lack of same by the City. VI. City's Duties Regarding Professional and Tennis Compls:x. F-. - Exterior Pro Shop Maintenance. City agrees to maintain and repair the exterior and related portions of the Pro Shop building, excluding repairs of major proportion which arè subject to coverage by Professional's lnsurance. VI!- Assignability. It is expressly understood and agreed that the Professional may not sign or transfer any of the rights, licenses, or privileges o:!:" any part thereof of this agreement without the written consent of the City Council having been obtained. The agreement cannot be assigned involuntarily or by operation or process of law and should the Professional be adjudged bankrupt or become insolvent or make a general assignment for the benefit of his creditors or fail to obtain the release of any levy of attachment or execution upon his payment within ten 00) days after such levy is made, the City may conSlCier such to be a breach of the agreement and may cancel and terminate same- [NEXT PJI.GE IS SIGNATURE PAGE] 9 .- - --- ..--.- .-.---.-------- , [SIGNTURE PAGE TO AGREEMENT FOR TENNIS SERVICES AND PERMIT FOR USE OF THE CHULA VISTA TENNIS CENTER] Dated: O\\~,rt -Lt, 1998 THE CITY OF CHULA VISTA Sh~~ Mayor of the City of Chula Vista ATTEST: Approved as to form by Dated: 7/g~ , 1998 TENNIS PROFESSIONAL Co \ag\~ec:.ós6 10 /" I~ C¿ - ,-,,----,,_..._-~-' ._---",,-- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR TENNIS CENTER USE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City constructed a tennis facility on the campus of Southwestern College in 1970, under an agreement with the Sweetwater Junior College District; and WHEREAS, following completion of the project, the City opened and began to operate the Chula vista Tennis Center at Southwestern College in late 1971, in conjunction with a 30-year joint powers agreement with the College District that delineated respective rights for use of the facility; and WHEREAS, the Tennis Center has been managed through contractual agreements with tennis professionals since the facility opened; and WHEREAS, the District desires early termination on June 30, 2001, of the existing agreement between the City and the Southwestern Community College District for use of the Tennis Center at Southwestern College per provisions in the original Joint Use Agreement initiated November 2, 1971, and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the Agreement between the City of Chula Vista and Southwestern Community College District for Tennis Center use. BE IT FURTHER RESOLVED that the Mayor is authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Andy Campbell, Director of Parks and Recreation J, \Attorney\RESO\ Tennis Center. doc ~/~7 - .-.-..-...- ._--- COUNCIL AGENDA STATEMENT Item: C\ - Meeting Date: 06/19/01 ITEM TITLE. A) Resolution Approving Third Amendment to the contract with the Chula Vista Chamber of Commerce to provide Chula Vista Convention and Visitors Bureau Services (CVConvis) B) Resolution Approving Seventh Amendment to the contract with the Chamber of Commerce to provide Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office C) Resolution Approving the FY '01-02 budget for the Chula Vista Convention & Visitors Bureau and City's Contribution to the Visitors Information Center SUBMITTED BY: Deputy City Manager palmer~ Public Information Officer G{¿; REVIEWED BY: City Manager / <)t"'/ (4/5ths Vote: Yes - No..1Q ,I According to Council Policy #230-01, each year the Council considers a budget and related contract for a Chula Vista Visitors and Convention Bureau (CVConvis). The budget and contract for operation of the Chula Vista Visitors Information Center also receives yearly approval. As part ofthe contract, CVConvis looks at new ways to increase revenues and visibility for Chula Vista. For example, CVConvis has proposed submitting an application for the Visitors Information Center to become an official California Welcome Center. RECOMMENDATION: That the Council adopt a one-year contract extension and budget for the Chamber of Commerce to manage the Convention & Visitors Bureau, adopt a one-year contract extension and budget for the Chula Vista Visitor Informational Center, and direct staff to work with CVConvis on applying for official California Welcome Center for the Visitors Information Center. BOARD/COMMISSION RECOMMENDATIONS: Not applicable. DISCUSSION: Chula Vista Convention and Vistors Bureau Back2round In 1994, in conjunction with consideration of the scheduled rate increase in the Transient Occupancy Tax (TOT), Council received a request from the Chamber of Commerce and Chula Vista Motel Association to create a Convention and Visitors Bureau. Similar bureaus serve Escondido, Carlsbad, Coronado, East County, and the San Diego metropolitan area. These groups ~/ --_._-- --. I Item :ï, Page 2 Meeting Date: 06/19/00 typically conduct advertising campaigns, produce brochures, attend trade shows, and operate tourist-oriented facilities. The focus of the Chula Vista bureau, as established in 1995, is to promote Chula Vista destinations, including the u.S. Olympic ARCO Training Center (OTC), Coors Amphitheatre, Chula Vista Nature Center, Knott's Soak City u.S.A., Chula Vista Yacht Harbor, local motels, restaurants, shopping, and special events such as Harbor Days, the South Bay Bird Festival and Taste of the Arts. This bureau also promotes Chula Vista during majO!."eOflventions and events in the region, which in the past has included the Super Bowl and World Series. On March 21, 1995, Council approved increasing the TOT rate from 8% to 10% along with a policy (#230-01, see Attachment #C) and a draft budget for a Convention and Visitors Bureau. The funds to operate the Convention and Visitors Bureau were included in the approved City budget for fiscal year 1995-96, subject to negotiation of a contract with the Chamber. According to that policy, a one-year Convention and Visitors Bureau contract would be executed with the Chamber of Commerce during the course of each year's budget consideration. Guidelines for the contract dollar amount also are set forth in that policy. Those guidelines call for the annual contract amount to be based on the most recent one-year TOT revenue collected (usually April through March), with the contract percentage or dollar amount varying depending on ranges of TOT collected. On a related subject, the City has had a contract with the Chamber for operation of the Visitor Infomlation Center at the Bayfront Trolley Station and the provision of general, visitor and transit infomlation at both that location and the Chamber main office. Several of the items provided in that contract (i.e. operating subsidies) are identified in this contract as part of the City's responsibilities toward the bureau. The amendment (Seventh Amendment-Attachment "B") to this contract has changes that reflect the current operations and visitor and transit usage, as they relate to hours of operation, signage, and selling of transit passes. Chula Vista Convention and Visitors Bureau Bud~et The operation nf CVConvis generally has been very successful and grown during the past several years. As a result ofthe strong economy and increased tourism throughout California; major events in the region; and the success of the Coors Amphitheatre, Knott's Soak City u.S.A. and other local attractions, TOT income has increased during the past year. Therefore, based upon the TOT financing fomlula, this increases the total budget proposed for Chula Vista Convention and Visitor Bureau activities, Visitor Center subsidy and other expenses from $146,958 in FY '98-99, $166,861 in FY '99-00, and $168,374 in FY '00-01 to $178,294 in FY '01-02. The proposed contract is for a portion ofthat total, with the remainder of bureau-related services to be administered by the City or separately contracted by the City, (see following tables). Increases in this year's budget include the marketing staff costs, advertising, San Diego Con Vis - - - -'-'--"'--"---'-.."'-"".--. ---- Item: î, Page 3 Meeting Date: 06/19/00 membership/advertising, graphic design, office costs, and traveVconferences/meetings. Other line items that are the same as FY '00-01 are brochure printing and distribution, office rental, and accounting costs. The City's portion of the Visitors Center costs have also increased in the areas of utilities, and landscape maintenance. Other than the new tenD and some adjustment of individual accounts, the contract amendment (Third Amendment - Attachment "A") continues the conditions approved in 1997-99, with one exception discussed below. The projects to be undertaken and their budget amounts are divided into CVConvis (Part A), Chamber (Part B), City Visitor Center - City Services and Subsidy (Part C), and City Visitor Center Maintenance (Part D) responsibilities. Payments for the Part A Chamber-provided services would be made on a quarterly basis in conjunction with quarterly reports from the Chamber presenting appropriate project and accounting data, with the exception that the entire advertising amount and San Diego CONVIS membership/advertising amount would be paid in the first quarter. Part A - Chula Vista ConVis: Administered by the Chamber via contract: I Item l Proposed FYO 1-02 Budget I Marketing Staff $57,500 Advertising $27,131 San Diego ConVis Membership! Advertising $10,775 Brochure Printing $10,000 Office Costs (supplies, phone, postage) $5,500 A cco un tin glB 00 kk eep ing $3,400 TraveVConferences $4,000 Office Rental $2,400 Brochure Distribution $1,500 Insurance $3,000 Graphic Design $1,200 Application fee for California Welcome $1,000 Center TOTAL $123,406 ... - ...._- 00_00___- ---- .. --- Item :ì, Page 4 Meeting Date: 06/19/00 Part B - Chamber: Chamber Info Services $6,688 TOTAL $6,688 In addition, in a separate General Fund budget, the City also pays the Chamber an additional $6,688 for Chamber Information Services, for a total contribution of$13,376. Part C: Visitor Center - City Services and Subsidy Item Proposed FYOI-02 Budget Visitor Center Subsidy (maximum) Up to $33,000 Public Information/Design staff $7,500 Visitor Center Displays/Exhibits $5,000 Contract Administration $2,700 City Repayment na Visitor Center Maintenance Na- see below TOTAL: $ 48,200 TOTAL BUDGET ALLOCATION PER CONTRACT: $178,294 Visitor Information Center Back~round -.-,.. The Bayffont/E Street Trolley Station is jointly owned and operated by the City of Chula Vista, County of San Diego, and the Metropolitan Transit Development Board (MTDB). The site includes the Visitor Information Center, which is co-owned by the City and County, and has been administered by the City under a separate agreement. Since its opening the City has paid the costs of utilities, exterior maintenance, major improvements and landscaping. The center serves a daily average of more than 200 people who request visitor and transit information. Since opening in 1986, the Visitor Information Center has had four commercial operators, none of whom were able to op.erate the center at a profit. After considering four proposals to run the Visitor Information Center, in late 1994 the Council approved a contract with the Chula Vista Chamber of Commerce. The major objectives of the Visitor Information Center are defined as follows: I. To provide mass transit information and ticket sales to trolley and bus riders. - -.-....-"'-'-'--- .~..._..._- Item: ~, Page 5 Meeting Date: 06/19/00 2. To provide accurate infonnation to visitors concerning Chula Vista and the San Diego region including Tijuana and Baja, Mexico. 3. To present a positive image of the City, the Bayfront and the South Bay region, and to promote visitor-serving attractions and businesses in the City. 4. To minimize the City/County costs related to the operation of the Center. The operation of the Visitor Center has an annual deficit. City staff adjusted the budget at the Chamber's request for FY 1999-2000 to reflect a $15,000 subsidy, which was then increased to a maximum of$33,000 for FY2000-01, as approved by Council. With the Iîmited retail opportunities at the Visitor Center plus the main focus on providing service to the tourist and transit infonnation, it is not surprising that a subsidy to the operation is required. However, CVConvis staff has identified a number of revenue options to pursue to help reduce the City subsidy, make the Center more profitable, and continue to provide valuable services to transit users and visitors. Visitor Center Bud~et - City Contribution In addition to fle CVConvis budget allocation per the contract, the City also funds the maintenance of the Visitors Center, as shown below. Part D: Visitor Center Maintenance- City ** Visitor Center UtiIîtîes $29,025 Visitor Center Interior/Exterior Maintenance $23,460 Visitor Center Landscape Maintenance $19,441 Landscape Supplies $1,020 Landscape Contract Administration $874 TOTAL: $73,820 ** to be paid by Transit City staff is working with CVConvis staff to more clearly define the Visitor Center's operating expenses and revenues, separate from the City's contribution. Staffs are working to resolve some issues related to trash disposal and custodial maintenance. Once that budget is finaIîzed, staff will forward an infonnation item to Council with that infonnation. During the next fiscal year, CVConvis wîl1 be pursuing a number of revenue generation ideas such as selling Mexican insurance, receiving commissions for making local motel reservations, .- _... --.. -----..------ Item :~, Page 6 Meeting Date: 06/19/00 charging companies for placing their brochures at the Center, and applying for the Center to become a California Welcome Center. The California Division of Tourism has designated eight sites throughout the state as official California Welcome Centers. The City of Oceanside has such a Center. ChuJa Vista's proximity to Mexico makes the Visitor Center an ideal candidate for this designation and staff recommends that Council direction be given to further investigate and make an application for such a designation. There is an annual maintenance fee of $5,000 to the State if the City receives the designation. However, due to the lengthy application process, staff does not anticipate needing to budget the $5,000 fee until FY2002-03, assuming that the Center receives the Welcome Center designation. FISCAL IMPACT: As proposed in the fiscal year 2001-02 budget, the total Convention and Visitors Bureau budget is $178,294. This compares to a total of$168,374 in FY '00-01. Of the total budget, $123,406 is for CVConvis (Part A), and $6,688 is for Chamber infonnation services (Part B), for a total of $130,094 for contractual services with the Chamber. The remaining $48,200 of the CVConvis budget allocation is administered by the City (Part C), for the Visitor Center mbsidy and City services. The City also has budgeted $73,820 (Part D), which is paid by Transit for maintenance of the Center. The seventh amendment to the Visitor Center contract (Attachment "B") that is being recommended would extend the agreement through June 30, 2002, to be co-tenninus with the new one-year Chula Vista Convention and Visitors Bureau contract. All the items in the ConVis contract (as summarized in Charts A -D) are included in the proposed FY '01-02 budget, thus no future appropriation is necessary. Attachments A. Contract and Third Amendment to Provide Convention and Visitors Bureau Promotion Services B. Contract and Seventh Amendment to Contract to Provide Visitor and Transit Infonnation C. Council Policy #230-01 q~b - ---'--"-"'--'---"-"'""--' RESOLUTION NO. 2001- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THIRD AMENDMENT TO THE CONTRACT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU SERVICES (CVConvis) WHEREAS, pursuant to Council Policy #230-01, as approved 3/21/95, staff has negotiated a contract with the Chula Vista Chamber of Commerce for operation of a Chula vista Convention and Visitors Bureau and the performance of certain designated visitor and convention promotional services; and WHEREAS, the proposed amendment runs through the end of fiscal year 2001-02, at which time a subsequent contract and budget would be brought forward for consideration. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Third Amendment to the contract with the Chula Vista Chamber of Commerce to provide a Chula vista Convention and Visitors Bureau Services, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said amendment for and on behalf of the City of Chula Vista. Presented by Approved as to form by David Palmer Deputy City Manager J, \attorney\reso\chamber extension iConvis} ~1 - .. -- -------------.. ATTACHMENT A Third Amendment to Contract to Provide Chula Vista Convention and Visitors Bureau Promotion Services This Amendment, effective as of July 1,2001, is between the City ofChula Vista, a chartered municipal corporation ("City"); and the Chula Vista Chamber of Commerce ("Chamber"), and is made with reference to the following facts: Whereas, the City and Chamber are party to a contract for convention and visitor bureau promotional services ("Existing CVConVis Contract", on file with the City Clerk as Document #CO97-079); and Whereas, the parties desire to extend the initial term of that contract by one additional year, to be co-terminus with an accompanying contract to provide Visitor and Transit Information Services at the Chula Vista Visitor Information Center and the Chamber of Commerce Main Office, and Whereas, the proposed Chula Vista Convention and Visitors Bureau budget for Fiscal Year 2001-2002 is $178,294, which is divided into portion administered by the City and portions to be administered by contract, NOW, THEREFORE, the parties mutually agree that the Existing CVConVis Contract is hereby amended in the following regards only and extended for a period of one year, and as so amended and extended shall hereinafter be referred to as the "Third Amended Agreement": City and Chamber do hereby agree to amend the Existing CVConVis Contract in the following regards only, with all remaining provisions remaining in full force and effect. Interlineated provisions are to be considered deleted ITom the agreement and underlined provisions added to the agreement. 1. Duties of the Chamber 4.1 Scope of Work Pursuant to City Council Policy #230-012 as approved 3/21/95, the Chamber agrees to provide the following goods and services, according to the specifications and FYOI-02 annual budgets as shown below. 4.1.1 Marketing Staff Budget: $57,500 Chamber shall hire full-time, part-time or contractual marketing staff to coordinate an advertising and marketing campaign for the City of Chula Vista Convention and Visitors Bureau. In addition, this staff will oversee Visitor Information Center operations and the sale and display of advertising therein. Incidental Chamber support and liaison by the Marketing staff would be anticipated by this agreement, with such support and liaison being in conjunction with but not detracting ITom the performance of the primary Marketing Staff -8 - ------. .-.-.-.--------.--.-. responsibilities. 4.1.2 San Diego CONVIS Membership and Advertising Budget $10,775 Chamber shall maintain membership in the San Diego Convention and Visitors Bureau for the City ofChula Vista and/or Chula Vista Convention and Visitors Bureau. The remaining portion of this budget amount shall be used for advertising in San Diego CONVIS publications, or, with the approval of the Contract Administrator, may be used only for other advertising costs as described in 4.1.4. 4.1.3 Distribution of Nature Center brochure Budget $1,500 Distribution shall include placement at all major brochure racks in San Diego County, including but not limited to those at airports, cruise ship terminals, bus and train stations, hotels, motels, visitor centers and convention centers. 4.1.4 Advertising Budget $27,131 Advertising design, content and placement shall focus on promoting Chula Vista and Chula Vista attractions within the region and maintaining primarily a visitor and/or convention orientation. Target media may include, but are not limited to: regional magazines, recreational vehicle or auto club publications, motel room event and attraction listings, etc. For any ad placement or series of placements in the same publication for which the total price shall exceed $6,000, said placement shall be subject to review and approval by the Contract Administrator. See also Section 4.5. This item is intended solely for paid advertising; any funds not expended shall be reimbursed to the City within 30 days of the expiration of the term. 4.1.5 Accounting/Bookkeeping Budget $3,400 Daily bookkeeping, cash reporting, payroll accounting, and payment processing for Convention and Visitors Bureau activities. 4.1.6 Travel/Conferences/City Marketing Budget $4,000 Convention & Visitors Bureau representation of the City in business and tourist outreach and networking with other bureaus in other cities. 4.1.7 Office Rent Budget $2,400 Shall generally cover office space for marketing staff. 4.1.8 Office expenses Budget $5,500 Shall generally include office supplies, phone, computer-related expenses, and postage costs for the operation of the Chula Vista Convention and Visitors Bureau. 4.1.9 Brochure Design/Printing Budget $10,000 ~ ..~" ---.""""."----.-.. '"-.--"-'- Design and printing of brochures, flyers and/or other publications that focus on promoting Chula Vista and its attractions such as general visitor brochure or folder, calendar of events, dining and lodging guide, attraction coupons and golf course flyer. The Chamber shall exercise its best efforts to have the costs for the design and/or printing of these publications (i.e. dining and lodging guide) fully or partially reimbursed by the promoted attractions. 4.20 Insurance Budget $3,000 Cost of insurance for Convis staff. 4.21 Application fee for California Welcome Center Designation Budget: $1,000 Con Vis will work with City staff to apply for such designation for the Center and investigate requirements to receive such a designation. 4.22 Graphic Design Budget $1,200 Graphic design, as needed, for flyers, brochures, advertisements that promote Chula Vista. 5. Duties of the City 5.1 Additional Bureau Projects and Services Pursuant to City Council Policy #230-01 as approved 3/21/95, and to the proposed Convention and Visitors Promotion Budget submitted to the City Council at that time, the City agrees to undertake the following projects, goods, services and subsidies, according to the specifications and budgets as shown: 5.1.1. Chamber of Commerce Budget $33,000 Visitor Center Subsidy Per Existing Contract 5.1.2 Visitor Center Utilities Annual water, electricity and other utility costs of approximately $29,000 will be paid by the City and are not included in this budget. Telephone costs are paid by the Chamber per Existing Contract. 5.1.3 Visitor Center DisplaysÆxhibits Budget $5,000 Backlit displays, structural changes, etc. per Design Layout as specified in Existing Contract 5.1.5 Chamber of Commerce Information Services Budget $6,688 50% portion of Base Compensation of Existing Contract not related to staffing (per proposed Second Amendment). Compensation to the Chamber under Existing Contract shall continue to be governed by that docwnent. q -- - ._-- ----_.~-_._------- 5.1.6 Public InfonnationlDesign Staff Budget $7,500 For support of Visitor Center operations and improvements, graphic design oversight, design assistance for displays/exhibits publication and advertising assistance, and publicity for activities and events. 5.1.8 Contract Administration Budget $2,700 For general contract administration including reviewing financial statements, processing payments. 7.2 Use of Payments and Revenues The payments from the City to the Chamber and revenues realized from joint advertising campaigns or other contractual activities shall be used only for providing the goods and services outlined herein or for other purposes as may be approved by the City Council. These monies shall not be transferred on either a temporary or a pennanent basis for the purpose of subsidizing Chamber operations or the Visitor Infonnation Center that are not part of the scope of work detailed in Section 4 of this Amendment. Furthennore, these monies shall not be used in support of any political activities for any candidate or issue, nor may they be used to supplant other Chamber funds in any manner that results in such Chamber funds being used to support any political activities for any candidate or issue. Any political expenditures made in relationship to the Chamber will be considered as Political Action Committee (PAC) funds specifically raised for political purposes. 7.3 Total Compensation The Total Compensation from the City to the Chamber for services under this contract shall be $123,406. As discussed under the Duties of the City, the City may also pay to the Chamber up to the amounts listed in Sections 5.1.1 to cover operating deficits from operation ofthe Visitor Infonnation Center, which service is governed by the Existing Contract. 7.4 Fonn and Time of Payment To facilitate flexibility in the Chamber's administration of contract funds, the City shall pay to the Chamber one fourth of the total compensation (per Section 7.3) per quarter, with the exception of San Diego CONVlS Membership and Advertising (per Section 4.1.2), Advertising (per Section 4.1.4), and the Application Fee for California Welcome Center Designation (per Section 4.21) which will be paid in full in the first quarter's payment, and the Brochure Design/Printing (per Section 4.1.9), and the Graphic Design (per Section 4.22) for which one-half of the budgeted amount will be paid in the first quarter's payment. Quarterly payments shall be made between five (5) and fifteen calendar days after the start of each quarter (e.g. by 7/15, 10/1 5, 1/1 5, and 4/1 5). - .---.- .--.----.-.--- 8. Tenn 8.1 Tenn The tenn of this contract shall be for one year, commencing July 1,2001 and ending June 30, 2002. Any additional contracts shall be governed by existing City Council policy and/or future Council action. IN WITNESS WHEREOF, City and Chamber have executed this Agreement this- day of ,2001. THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE Mayor President Executive Director Approved as to fonn by City Attorney c¡ J - --,------_._----, Contract to Provide Chula Vista Convention and Visitors Bureau Promotion Services This Contract, entered into this June 24, 1997 for the purposes of reference only and effective as of the date last executed by the parties, is between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California (hereinafter "City") and the CHULA VISTA CHAMBER OF COMMERCE (hereinafter "Chamber"), and is made with reference to the following facts and definitions: 1. Recitals Whereas, the Chamber occupies a unique public service position in the City and has provided general informational and promotional services to the public at large for many years; and Whereas, the Chamber hereby warrants and represents that it is experienced and staffed in a manner such that it can provide the convention and visitor promotion services as herein required in accordance with the terms and conditions of this Agreement; and, Whereas, the City and Chamber have been party to separate agreements for: Convention and Visitors Bureau Promotion Services through FY 1996-97, a copy of which is on file with the City Clerk as Document No. CO 96-137, (hereinafter "Existing CVCONVIS Contract"), and for Visitor and Transit Information services through FY 1996- 97, a copy of which is on file with the City Clerk as Document No. CO 96-138, (hereinafter "Existing Information Contract"); and Whereas, with the concurrence of the Chamber, the City adopted City Council Policy #230-01 to provide support for a Chula Vista Convention and Visitors Bureau, subject to annual approval of a budget and to execution of appropriate contracts; and Whereas, the proposed Chula Vista Convention and Visitors Bureau budget for Fiscal Year 1997-98 is $137,500, which is divided into portions administered by the City and portions to be administered by contract, and the Chula Vista Convention and Visitors Bureau budget for Fiscal Year 1998-99 shall be set by the City Council as part of the 1998-99 City budget; NOW, THEREFORE, the City and the Chamber agree as follows: 2. Purpose: Chula Vista Convention and Visitors Bureau The Chamber hereby agrees to include in its activities a Chula Vista Convention and Visitors Bureau. This activity, which shall be in the form of a committee, shall be pursued as part of this contract and shall be undertaken in the name of the Chula Vista Convention and Visitors Bureau. Advisory participation on this committee shall be open to all interested parties, regardless of membership in the Chamber. Said open participation shall not preclude fund raising activities or fees for member and/or patron listings. The general purpose of this activity shall be Cû j7-079 /(/ ¿7 /7 ¿; ð' -' ._... ..-.._ou.---- ........_--- Chula Vista CONVIS Contract Page 2 to promote the City of Chula Vista and Chula Vista visitor destinations, meeting facilities, tourism, and related businesses. 3. Contract Administrator The City Manager or his or her designee shall be the Contract Administrator for purposes of this contract. For those conditions requiring the written approval of the City, the Contract Administrator shall have the authority to provide said written approval. 4. Duties of the Chamber. 4.1 Scope of Work Pursuant to City Council Policy #230-01 as approved 3/21/95, and to the proposed Convention and Visitors Promotion Budget submitted to the City Council at that time, the Chamber agrees to provide the following goods and services, according to the specifications and annual budgets as shown below. Annual budgets shall be subject to adjustment for fiscal year 1998-99 based on the amount appropriated by Council for this program. If such adjustments can not be mutually agreed upon between the Contract Administrator and Chamber, the issue shall be subject to final resolution by Council. 4.1.1 Marketing staff Budget: $30,000 Chamber shall hire full-time, part-time or contractual marketing staff to coordinate an advertising and marketing campaign for the Chula Vista Convention and Visitors Bureau. In addition, this staff will oversee Visitor Information Center operations and the sale and display of advertising therein. Incidental Chamber support and liaison by the Marketing staff would be anticipated by this agreement, with such support and liaison being in conjunction with but not detracting from the performance of the primary Marketing Staff responsibilities. 4.1.2 San Diego CONVIS membership Budget: $10,000 Chamber shall maintain membership in the San Diego Convention and Visitors Bureau for the City of Chula Vista and/or Chula Vista Convention and Visitors Bureau 4.1.3 Distribution of Visitor Brochure and Nature Center brochure Budget: $2,900 Distribution shall include placement at all major brochure racks in San Diego County, including but not limited to those at airports, .. ------_,,__'_00-_--- Chula Vista CONVIS Contract Page 3 cruise ship terminals, bus and train stations, hotels, motels,. visitor centers and convention centers. With the first quarter (July- September, 1995) distribution already paid, the contract amount for this item shall be $2,175. 4.1.4 Advertising Budget: $25,500 Advertising design, content and placement shall focus on promoting Chula Vista and Chula Vista attractions within the region and maintaining primarily a visitor and/or convention orientation. Target media may include, but are not limited to: regional magazines, recreational vehicle or auto club publications, motel room event and attraction listings, etc. For any ad placement or series of placements in the same publication for which the total price shall exceed $6,000, said placement shall be subject to review and approval by the Contract Administrator. See also Section 4.5. 4.1.5 Accounting/Bookkeeping Budget: $3,400 Daily bookkeeping, cash reporting, payroll accounting, and payment processing for Convention and Visitors Bureau activities. 4.1.6 Travel/Conferences/City Marketing Budget: $2,000 Convention and Visitors Bureau representation of the City in business and tourist outreach. 4.1.7 Additional office costs Budget: $1,000 Shall generally cover overhead costs for marketing staff. 4.2 Budqets and Use of Funds It is not the intention of this contract that the Chamber should be obligated to expend any funds for these purposes beyond those budgeted. In any case in which the goods or services itemized in Section 4.1 are provided for less than the budgeted amount, those funds remaining shall be available for use for any of the other projects included in the Scope of Work, subject to the prior written approval of the Contract Administrator. 4.3 Amendments to Scope of Work Any amendments to this Scope of Work or to the contract as a whole, such as to increase the Total Compensation, to add a new project, or to make a substitution for an existing project shall be subject to the prior approval of the City Council, with the exception of potential reallocation of funds among projects listed in the Scope of Work as may be authorized under the provisions of Section 4.2. ". ._._--------- ---- - Chula Vista CONVIS Contract Page 4 4.4 Desiqn Approval For those items which would entail graphic or display design (e.g. Advertising, Visitor Brochure, Chula Vista display at the U.S. Olympic Training Center), the Chamber shall work with City on initial design concepts and obtain the prior written design approval of the City's Public Information Coordinator. Said approval shall be in addition to any other required design review or other discretionary City approvals. 4.5 Joint Advertisinq The Chamber shall be encouraged to engage in cooperative advertising campaigns, with participation by the City and by local visitor-oriented businesses. The maximum City participation via this contract (through Section 4.1.6) in any such cooperative advertising shall be 60% of the cost of advertising production and placement. Such cooperative advertising shall be open to all visitor-oriented Chula Vista businesses, regardless of membership in the Chamber. 5 Duties of the City. 5.1 Additional Bureau Projects and Services Pursuant to City Council Policy #230-01 as approved 3/21/95, and to the proposed Convention and Visitors Promotion Budget submitted to the City Council at that time, the City agrees to undertake the following projects, goods, services and subsidies, according to the specifications and budgets as shown: 5.1.1 Chamber of Commerce Budget: $12,000 Visitor Center Subsidy Per Existing Contract 5.1.2 Visitor Center Utilities Budget: $16,270 Annual water, electricity and other utility costs. Telephone costs are paid by Chamber per Existing Contract. 5.1.3 Visitor Center Displays/Exhibits Budget: $5,480 Backlit displays, structural changes, etc. per Design Layout as specified in Existing Contract 5.1.4 San Diego Convention Center Display Budget: $1,200 20"x30" Duratrans backlit display located at San Diego Convention Center; Budget includes continued rental of space at the Convention Center 5.1.5 Chamber of Commerce Information Services Budget: $7,350 Portion of Base Compensation of Existing Contract not related to staffing (per proposed Fourth Amendment). Compensation to the _. .....-..--"'----- Chula Vista CONVIS Contract Page 5 Chamber under Existing Contract shall continue to be-9°verned by that document. 5.1.6 Public Information/Design Staff Budget: $10,000 For support of Visitor Center operations and improvements, graphic design oversight, and design assistance for displays/exhibits. 5.1.7 Visitor Center Maintenance Budget: $9,200 Miscellaneous maintenance by City custodial, construction and repair staff. 5.1.8 Contract Administration Budget: $1,200 In-kind staff time to administer agreements, purchase orders, and subsidy calculations. 5.2 Timinq of Services Due to the timing of the start of Existing Contract and the negotiation of this agreement, some of the items included in the City's Scope of Services have been completed or had funds appropriated during the 1994-95 fiscal year. At least 30 days prior to the end of the term of this agreement, City shall provide to Chamber a breakdown of all service expenses pursuant to Section 5.1 for consideration in negotiation of the following year's budget and contract. 6. City Imaqe Enhancement. The City, as a public entity, is concerned about the image portrayed and service provided by the Chamber and its personnel. The City shall have the right to inform, in writing, the Chamber of actions by the Chamber or the Chamber's personnel, not conforming with the image the City desires to have enhanced which includes providing complete and accurate convention and visitor information and presenting a neat, clean, responsive, and friendly image of the City. The Chamber shall take all necessary steps to ensure that its actions project the image desired by the City as directed from time to time. 7. Reportinq and Compensation 7.1. Quarterly Reports The Chamber shall record and submit in writing quarterly reports to the City for the quarters ending September 30, December 31, March 31 and June 30. Within thirty (30) days after the end of each quarter of the term hereof, commencing with the thirtieth day of the month immediately following the first quarter of this agreement, and ending with the thirtieth day of the month succeeding the last month of the term of this agreement or any extensions thereto, the Chamber shall I , ._-"-"...,--,,,-- ".'.'--'-'--"---..--. - Chula Vista CONVIS Contract Page 6 furnish to the City a statement in writing, certified by the Chamber to be correct, showing for the previous quarter the expenses relating to this Chamber's contractual goods and services. The Chamber shall keep full and accurate books of account and records in accordance with Generally Accepted Accounting Principals consistently applied, including, without limitation, a sales journal, general ledger, payroll records, and all bank account statements showing deposits of related revenues (e.g. from joint advertising sales). Such books, receipts, accounts and records shall be maintained separate from Chamber records and shall be kept for a period of two (2) years after the close of each calendar year and shall be available for inspection and audit by the City and its representatives at the principal place of business of the Chamber during regular business hours. The City shall, within two (2) years after the receipt of any such statements, be entitled to an audit of such records. Such audit shall be conducted by the City or by certified public accountant to be designated by the City during normal business hours at the principal place of business of the Chamber. In addition, if any of the Chamber's statements shall be found to have overstated expenses by more than two percent (2%) or understated revenues by more than two percent (2%), or if such audit shows that the Chamber has failed to maintain the books of account and records required by this section so that the City is unable to verify the accuracy of the Chamber's statement, then the Chamber shall pay to the City all reasonable costs and expenses (including reasonable auditor and attorney fees) which may be incurred by the City in conducting such audit. 7.2 Use of Payments and Revenues. The payments from the City to the Chamber and revenues realized from joint advertising campaigns or other contractual activities shall be used only for providing the goods and services outlined herein or for other purposes as may be approved by the City Council. These monies shall not be used in support of any political activities for any candidate or issue, nor may they be used to supplant other Chamber funds in any manner that results in such Chamber funds being used to support any political activities for any candidate or issue. Any political expenditures made in relationship to the Chamber will be considered as Political Action Committee (PAC) funds specifically raised for political purposes. 7.3 Total Compensation The Total Compensation from the City to the Chamber for services under this contract shall be $67,500. As discussed under the Duties of the City, the City may also pay to the Chamber up to the amounts listed in Sections 5.1.1 and 5.1.2 I~ - ..._..- -.",---","'_...H"-'.'-".'-'-.'" Chula Vista CONVIS Contract Page 7 to cover operating deficits from operation of the Visitor Information Center," which service is governed by the Existing Contract. 7.4 Form and time of Payment To facilitate flexibility in the Chamber's administration of contract funds, the city shall pay to the Chamber one fourth of the total compensation (per Section 7.3) per quarter. Quarterly payments shall be made within fifteen (15) calendar days after the start of each quarter (e.g. by 7/15, 10/15, 1/15, and 4/15). 7.5 Chamber Reimbursement to City If the final contractual expenses at the end of the final quarter of this contract total less than the Total Compensation (per Section 7.3), then the Chamber shall reimburse the City for the difference. It shall be the general policy under this contract that appropriations shall not be carried over from one fiscal year's adopted contract to the next fiscal year. Any exceptions to this policy shall be subject to approval by the Contract Administrator. 8. Term 8.1 Initial Term. The term of this contract shall be for one year, commencing July 1, 1997 and ending June 30, 1999. Any additional contracts shall be governed by existing City Council policy and/or future Council action. 8.2. Termination. This contract may be terminated by the mutual consent of the parties at the end of any quarter. In the event of termination, compensation due shall be prorated according to the Chamber's approved expenses through the final quarter of the contract. 9. Insurance and Indemnity. 9.1. Insurance Chamber shall, throughout the duration of this Agreement, maintain insurance from responsible and solvent corporations authorized to issue J ~ .....-.,., ..... .-....,-_u..--.."""-"-'-"-"'----' Chula Vista CONVIS Contract Page 8 such policies in California with a financial rating of at least a -"A, Class V' status or better as rated in the most recent edition of "Best's Insurance Reports" unless a lower rating is approved by the City's Risk Manager. Said insurance coverage shall include: 1. Commercial General Liability Insurance including Business Automobile Liability Insurance in the amount of $1 million combined single limit, which names the City of Chula Vista as additional insured and is primary to any insurance policy carried by the City. 2. Statutory Worker's Compensation Insurance and Employer's Liability Insurance in the amount of $1 million. Chamber will provide, prior to commencement of the services required under the agreement, certificates of insurance for the coverages required in this section, and, for Commercial General Liability Insurance, a policy endorsement for the City as additional insured, a policy endorsement stating the Chamber's insurance is primary and a policy endorsement stating that the limits of insurance apply separately to each project away from premises owned, rented or operated by the Chamber. Certificates of insurance must also state that each policy may not be canceled or materially changed without at least thirty (30) days written notice to the City. Each policy which the Chamber maintains shall name the City and Redevelopment Agency of the City of Chula Vista (hereinafter "Redevelopment Agency") as additional insureds. 9.2. Indemnity. The Chamber shall defend, indemnify and hold harmless the City, their elected and appointed officers and employees and the Redevelopment Agency from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Chamber or any agency or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. The Chamber's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, the Chamber at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. The Chamber's indemnification of City shall not be limited by any prior or subsequent declaration by the Chamber. ,_. .. - --"------'--'--- Chula Vista CONVIS Contract Page 9 10. Miscellaneous Provisions. 10.1. Assiqninq and Sublettinq The Services of Chamber are personal to the City, and the Chamber shall not assign, subcontract, transfer, sublet or encumber any interest in this Agreement (whether by assignment or novation) without the prior written consent of the City. 10.2. Administrative Claims Requirement and Procedures, No suit or arbitration shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if fully set forth herein and such policies and procedures used by the City in the implementation of same. Upon request by the City, the Chamber shall meet and confer in good faith with the City for the purpose of resolving any dispute over the terms of this agreement. 10.3. Attorney's Fees. Should a dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees, provided that said party has exercised best efforts, in good faith, to negotiate a settlement of the dispute prior to and during the litigation. 10.4. Entire Aqreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 10.5. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. - ..-.'--' Chula Vista CONVIS Contract Page 10 10.6. Governinq LawNenue. -- This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 10.7. Independent Contractor. City is interested only in the results obtained and the Chamber shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right to reject or accept the Chamber's performance according to the terms of this agreement. The Chamber and any of the Chamber's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, workers compensation benefits, injury leave or other leave benefits. 10.7.1. The Chamber warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to the Chamber or their associates. The Chamber promises to advise the City of any such promise that may be made during the term of this contract and for subsequent extensions. 10.7.2. The Chamber may not conduct or solicit any business for any party to this contract or for any third party which may be in conflict with the Chamber's responsibilities under this contract. 10.7.3. The Chamber further agrees to waive and forego the following: relocation benefits, owner participation rights and claims for goodwill. 11. Correspondence and Noticinq Correspondence relating to this agreement should use the addresses given below: George Krempl Roderick F. Davis Deputy City Manager Executive Director City of Chula Vista ChuJa Vista Chamber of Commerce 276 Fourth Avenue 233 Fourth Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 --.--------------- - _.. Chula Vista CONVIS Contract Page II SIGNATURE PAGE TO CONTRACT TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTION SERVICES :II} IN WIJ1:!.ES~ WHEREOF, City and Chamber have executed this Agreement this :L, .;¿ day of J~/V'J:: 1997. THE CITY OF CHULA VISTA C HULA VISTA CHAMBER OF COMMERCE 1/ / / }lj¡- ~sJ) ~,/Ü{a~í-< li./t 6 ~l Mayor /í . Approved as to form by a:convc97.2 - - --..-.,--------.--..----"'----"---- RESOLUTION NO. 2001- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SEVENTH AMENDMENT TO THE CONTRACT WITH THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE WHEREAS, the existing contract with the Chamber of Commerce for operation of the visitor information center and provision of general, visitor and transit information services expires on June 30, 2001; and WHEREAS, the contract amendment being proposed gives the City and Chamber an extension for a period of one year. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve Seventh Amendment to the contract with the Chamber of Commerce to provide Visitor and Transit Information Services at the Chula vista Visitor Information Center and Chamber of Commerce Main Office, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said amendment for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~K_e .¿;» David Palmer ~ n M. Kaheny Deputy City Manager ity Attorney J, \attorney\reso\chamberextension (Convis I _. .--.---. Seventh Amendment to Contract to Provide Visitor and Transit Infonnation Services At the Chula Vista Visitor Infonnation Center And the Chamber Main Office This amendment, entered into and effective as of July 1,2001 is between the City of Chula Vista, a chartered municipal corporation ("City"); and the Chula Vista Chamber of Commerce ("Chamber"), and is made with reference to the following facts: Whereas, the City and the Chamber are party to a contract for general and visitor infonnation services ("Existing Infonnation Contract", on file with the City Clerk as Document #CO94-121) offered from the Chamber of Commerce Main Office and for operation of the Visitor Infonnation Center at the BayfrontJE Street Trolley Station; and Whereas, the parties desire to extend the initial tenn of that contract by one additional year, to be co-tenninus with an accompanying contract for the Chula Vista Convention and Visitors Bureau. NOW, THEREFORE, coincident with the adoption of the contract to Provide Chula Vista Convention and Visitors Bureau Promotion Services, the parties mutually agree that the Existing Infonnation Contract, as last amended on June 20, 2000 for the purpose of reference only and effective as of the date last executed by the parties, is hereby amended in the following regards only and extended for a period of one year, and as so amended and extended shall hereinafter be referred to as the "Seventh Amended Agreement": City and Chamber do hereby agree to amend the Existing lnfonnation Contract in the following regards only, with all remaining in full force and effect. Interlineated provisions are to be considered deleted from the agreement and underlined provisions added to the agreement. Section 4.1.2 Staffing The Chamber shall provide qualified competent staff who are neatly dressed and courteous at all times. An adequate number of personnel will be scheduled so that Pennitted Commercial Activities do not significantly interfere with the primary responsibility of providing visitor and transit infonnation. Between the hours of 8:00 a.m. and 4:30 p.m. on weekdays, 8:30 a.m. and 4:00 p.rn. on weekends and working holidays, Chamber shall be encouraged, but not required, to provide a minimum of two personnel providing service in the Center. - ---""--"'-"""-'--'-"--- Section 4.1.3 Training The Chamber shall provide adequate training to ensure that personnel are able to respond to inquiries about transit and areas of interest ITom members of the public and to promote visitor-serving attractions and facilities in Chula Vista. The Chamber shall also provide adequate safety training, as determined by the City, to ensure that personnel safely maintain the Center. Section 4.2.1 Hours of Operation The Chamber shall operate the Center at least eight and one-half hours per day on weekdays and seven and one-half hours per day on weekends and holidays. Operating hours shall be 8 a.m. to 4:30 p.m. on weekdays and 8:30 a.m. to 4:00 p.m. on weekends. The Center may be closed on Thanksgiving, Christmas, and New Year's Day. The Center may also close early on Christmas Eve and New Year's Eve, at the Chamber's discretion. Section 4.2.2 Transit Passes The Chamber will make available for sale to the public transit passes issued by the Metropolitan Transit Development Board (MTDB) and Chu1a Vista Transit. Section 4.2.5 Display Advertising The Chamber shall be permitted to sell advertising space, which shall be limited to the Dura Trans Board. Display advertising on surfaces other than windows is limited to those areas indicated on the Design Layout as herein defined and as it may be modified with the City's approval. Section 9.1 Regular Maintenance Add the following: Restroom maintenance and trash pick-up shall be done to the City's satisfaction. City and Chamber do hereby agree to arrive at a mutually agreed upon level of service. IN WITNESS WHEREOF, City and Chamber have executed this Agreement this day ,2001. - --.--""""'----"'---"-"-'------'" THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE Mayor President Executive Director of CVConvis Approved as to form by City Attorney 1 _.oo... ...,,_._,------- -, ATTACHMENT B Seventh Amendment to Contract to Provide Visitor and Transit Information Services At the Chula Vista Visitor Information Center And the Chamber Main Office This amendment, entered into and effective as of July 1,2001 is between the City ofChula Vista, a chartered municipal corporation ("City"); and the Chula Vista Chamber of Commerce ("Chamber"), and is made with reference to the following facts: Whereas, the City and the Chamber are party to a contract for general and visitor information services ("Existing Information Contract", on file with the City Clerk as Document #CO94-121) offered from the Chamber of Commerce Main Office and for operation of the Visitor Information Center at the BayfrontIE Street Trolley Station; and Whereas, the parties desire to extend the initial term of that contract by one additional year, to be co-terminus with an accompanying contract for the Chula Vista Convention and Visitors Bureau. NOW, THEREFORE, coincident with the adoption of the contract to Provide Chula Vista Convention and Visitors Bureau Promotion Services, the parties mutually agree that the Existing Information Contract, as last amended on June 20, 2000 for the purpose ofreference only and effective as of the date last executed by the parties, is hereby amended in the following regards only and extended for a period of one year, and as so amended and extended shall hereinafter be referred to as the "Seventh Amended Agreement": City and Chamber do hereby agree to amend the Existing Information Contract in the following regards only, with all remaining in full force and effect. Interlineated provisions are to be considered deleted from the agreement and underlined provisions added to the agreement. Section 4.1.2 Staffing The Chamber shall provide qualified competent staff who are neatly dressed and courteous at all times. An adequate number of personnel will be scheduled so that Permitted Commercial Activities do not significantly interfere with the primary responsibility of providing visitor and transit information. Between the hours of 8:00 a.m. and 4:30 p.m. on weekdays, 8:30 a.m. and 4:00 p.m. on weekends and working holidays, Chamber shall be encouraged, but not required, to provide a minimum of two personnel providing service in the Center. --. q~ ;5 - - -'-.- ....---.------.-----...-- Section 4.1.3 Training The Chamber shall provide adequate training to ensure that personnel are able to respond to inquiries about transit and areas of interest from members of the public and to promote visitor-serving attractions and facilities in Chula Vista. The Chamber shall also provide adequate safety training, as determined by the City, to ensure that personnel safely maintain the Center. Section 4.2.1 Hours of Operation The Chamber shall operate the Center at least eight and one-half hours per day on weekdays and seven and one-half hours per day on weekends and holidays. Operating hours shall be 8 a.m. to 4:30 p.m. on weekdays and 8:30 a.m. to 4:00 p,m. on weekends, The Center may be closed on Thanksgiving, Christmas, and New Year's Day. The Center may also close early on Christmas Eve and New Year's Eve, at the Chamber's discretion. Section 4.2.2 Transit Passes The Chamber will make available for sale to the public transit passes issued by the Metropolitan Transit Development Board (MTDB) and Chula Vista Transit. Section 4.2.5 Display Advertising The Chamber shall be permitted to sell advertising space, which shall be limited to the Dura Trans Board. Display advertising on surfaces other than windows is limited to those areas indicated on the Design Layout as herein defined and as it may be modified with the City's approval. Section 9.1 Regular Maintenance Add the following: Restroom maintenance and trash pick-up shall be done to the City's satisfaction. City and Chamber do hereby agree to arrive at a mutually agreed upon level of service. IN WITNESS WHEREOF, City and Chamber have executed this Agreement this day ,2001. q, 9 - ..-- .---..-..... ------ THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE Mayor President Executive Director ofCVConvis Approved as to form by City Attorney 0 - - .._.__.~_...._--_..........._---- ATTACHMENT -3- ,. C~~~rac~ to Provide visitor and Transit Informa~icn 5e=~~=es at the Chula Vista visitor Information Center and Chamber of Commerce Main Office This Contract, entered into this Deièember 20, ~994 =~= ~:-.e purposes of reference only and effective as of the d2o-:.e 1205-:' executed by the parties, is between the CITY OF Chü""T;.A VISTA, a chartered municipal "corporation of the State of California (hereinafter "city").. and. the-- CHDLA VISTA. CHAMBER OF COM¥..:::RCE (hereinafter "ChaJDber"), and-.is made. with reference to the following facts and definitions:.. ....... L Recitals Whereas, the City of Chula.Vista desires to have visitor and . transit - inforJ11ation available _.- upon .. request, without cost, to persons- entering the City, and- desiring sa:me, from the Visitor Information Center located on the,soutl:í.east corner of E street and the Interstate 5 (hereinafter "Premises" 1, at an address commonly known as. 750 E street, and shown on .the map a copy of "lWhich is attached as Exhibit A, and from the Cha:m.ber of Co1llIllerce office, 233 FDu....~ Avenue, Chula Vista - (qereinafter "Main Office") ¡and, Whereas, the Chamber desires to provide for the visi~o= an~ transit informational needs of residents and visitors to the Ci~y; a!l d Whereas, the Chamber occupies a uL,ique public servic:e posi~ion in the city and has provided general inforJ11ational servic:es to the public at large for many years; and Whereas, the Chamber hereby warrants and represents tha~ it is experienc:ed and staffed in a manner such that it can provide the visitor and transit information services as herein require:! in accordance with the terms and conditions of this Agreement; anj, Whereas, the City and Ch2.1l1ber are currently party to a separate agreement for general information services at t:.lJe Main Of:fice through IT ~995-96, as amended July 29, 1.994, a c:opy 0= which is on file with the city Clerk as Document No. co 9~-121, hereinafter "Previous contract"); and Whereas, said agree!llent covers :many of the SaJD.e services herein contracted but is not site-specific to both the Center and the Main Office, and the City and the Cha1Dber do mutually agree to te:nninate said agree1llent simultaneously with the effectiveness of this agreement; and Whereas, this is a site-specific services agreement wherein the Chamber is obligated to provide services from both tllat portion of the Premises described in Exhibit A as "Center" '(hereinafter "Center") and the Main Office, NOW, THEREFORE, the City and the Chamber agree as follo"IWs: ~ #" - -- -.-.-. Page 2 2. Definitions 2.J. "Gross Sales" Defined. The term "Gross Sales" as-used in this' agreement shall include the entire~Gross:Sales of:every kind and nature from all' sales and sez:yices madein.the Premisesvhether for credit or cash, W'hetlìerby the ChåJDber or by others;:.:with the exception of those'products or seryiceson.whic:hstandard commissions are earned. Such commission-based products and services include Mexican insurance, lottery tickets, trolley and transit passes and pay telephones. Other products and services may be included in the cdìnml:ssion';category vith the approval of the city'scontraè::t. âd:iií;inîstra~or.: For commission-based products and servicés,"'"oriIy;:the: aJIIount of the commission will be iricIudèd'~i1i': " Grôssif Sales:.; ft. '"Gross Sales" shall not include any' 'rebat'ès or re:Eù:hds. to' Customers or sales taxes accounted :for and paid ~to !i:i;gc)'vern:mental- agency. 2.2 -Applicable Operatì~crExpenses" Defined. The term-.nApplicable Operating Expenses" as used in this agreement shall include salary and benefit costs, inventory purchase costs, custodial costs, and other reasonable Center expenses, except as herein excluded. 2.3. contract"'Admiriistrator The city Manager or his or her designee shall be the Contract Ad1Ilinistrator :for purposes of this contract. For those conditions requiring the written approval of the City, the Contract Administrator. shall have the authority to provide said written approval. 3. PurPoses of Aqreement. 3.J.. visitor and Transit Information Services at the Center The parties intend that the Chamber shall provide visitor and transit information services, as more particularly described in this contract,. at the Center for the benefit of the City of Chulå vista, the South Bay Region and visitors to the County. The Chamber has a duty to operate the Center. and provide public services as specified in this agreement. Although this agreement has certain aspects of a lease, the parties agree that this is primarily a services agreement engaged in at a required location,. and it is not a lease. . 3.2~ Termination of Previous Contract simultaneous with the effectiveness of this agreement, the Ch a1IIbe.r and City do hereby aqree to terminate the Previous ;;;- - --. .-.-. ..-...,-.......-.--.---.-----,..---..-..--' '.' Pa:;¡e 3 Contract, with any and all further Main Office services or compensation to be governed solely by this agree~ent. 4. Duties of the Chamber. 4.1 Scope of services The- Chamber of COIDJ:llerce agrees to provide the -- following . services: 4.1.1 General The Chamber shalT respond. to all.walk-in, phone and mail inquires received. makiIlg .'rëâsonable and appropriate réquests: for informåtion, by ,tllecQ.a1IIber from individuals, groups, - businesses,... I;u:~ws,;-~eaia, etc., and persons referred by the city-.-.: ;~e~p.oñSes shall be accurate, complete,. cooperative.;.aI}d.'~~:r:o~ote goodwill on behalf of the City. Responses shall be made in a timely manner. "Walk-in and phoneinqqgi~~.shal1 ,be responded to as they are received unless :;,~~ditional' research is required. Mail inquiries shatl: be.~ r_esponded to' wi thin three [3 ) working days after the receipt of such inquiries, unless extensive research is required. 4.1.2 Staffincr. The Chamber shall provide qUalified competent staff whD are neatly dressed and éourteous at all times. An adequate number of personnel will be scheduled so that Permitted CoIDJ:llercial Activities do not significantly interfere with the primary responsibility of providing visitor and transit information. Between the hours of 10:00 a.m. and 4:0°- p.m. on ..eekdays, weekends and working holidays, Chamber shall be encouraged, but not required, to provide a minimwn of t'olO personnel providing service in the Center. . <3.1.3 Traininq. The Cha:mbe.r shall provide adequate training to ensure that personnel are able to respond to inquiries about transit and areas of interest from members of t.."'le public and to promote visitor-serving attractions and facilities in Chula vista. 4.1.3.1 Extensive Knowledge. Center staff must have extensive knowledge of and be capable of dispensing complete and accurate information about the following: . 4.1. 3 .1.1 Chula vista (including but not liInited to street locations, major q~ i -- -""--""--'-'-""--"- Page 4 hotels/motels, restaurants, visitor attractions, government offices, Chula Vista Nature Center, and major s~opping areas.) 4.L3;,~'~2 . Transit-information (in~luding but not li~ited to Trolley schedules,-prices, and stops, and Chula Vista Transit bus schedules and routes.) "'- - 4.1.3~~.-3.'<';~'-'-'San.r:~:Diego County visitor attractions (including but not-limited to Sea . World~ "Horton Plaza¡ airport, Gaslamp Quarter, H5,¡~.iiP¡:î. Bay, m;aches and.o'tf1er a1;:tractions, along3w~th.- appl~c::able ad:mi.ss~on pr~c::es, hours of .- opè:.ation ~d'- directions.) -4 .1.3.2 . - AdequateKnowledge.. Center staff must have an adeqûate general knowledge of and be capable of di~~nsing general inÏormation about the following~ - - - 4-1.3-2.~ N or-J1ern Baja, Mexico (including but not limited to maJor highways, cities, insurance requirements, major hotels/motels, restaurants, shopping areas, major visitor attraêtions, and written information from governmental agencies regarding duty and visa regulations -) 4.1.3.2.2 Southern California (including but not limited to major highways, cities, and visitor attractions.) 4.1.4 visitor services. Chamber shall provide information (e.g. locations, schedules, directions, applicable fees), on topics including, but not limited to the following: 1. community clubs and organizations 2. Local events - parades, displays, seasonal promotioHS 3. Chula vista Nature Center 4. U.S. Olympic Training Center 5. Street information - directions, locations, closures, detours, etc. 6. Lodging facilities 7. Transit and HandY trans S. Airports and Trains 9. Medical, Professional, and real estate offices 10. Business referrals 11. Meeting rooms ... - --------.------..--.-- -..-----....---- rC:'3e ;) l2. Governce~t seryicesjofficials & referrals to appropriate departments 1.3. Churches 14. Schools 15. - Museums, historical and cultural sites 16. Mexico - information on tourist cards, parking, etc. '> 17. Tourist attractions. 18. . Recreation sites, parks, picnic areas and '-local beach in£orm~:tion 19. Newspapers and local publications -. 20""'ê.~ parkingjmobilehome parks: . 2L' .' cnula --.. vista ~ demographics (e.g. . .~ <cr ¡)õpulation, housing) 4.1~4.1Chula vista Pro~otion. Unless specîficaJ,Iy-requestedc::-otherwise .by the visitor, infor:m.ationwillalways' be given on the community of Chula Vista. 4.L5 citv I~aae Enhance~ent. The City, as a pubil.ice~tity, is concerned about the image portrayed and service provided by the' Chamber and its personnel. The city shall have the right to infor:m, in writing, the Chamber of actions by the Chamber or the Chamber's personnel, which do not conform with the image which the City desires to have enhanced which includes providing complete and accurate visitor and transit information and presenting a neat, clean, responsive, and friendly image of the city. The ChaJnber shall take all nec~ssary steps to ensure that its actions project the image desired by the City as directed from time to time. 4.1.6 Standard Information The Chamber shall develop and utilize standardized packages of infor:m.ation for responding to general inquiries about Chula vista as a visitor destination and for nev or potential residents of the City. Such packages shall be maintained vi th current information and shall meet with the approval. of the city. The packages may be used, but shall not be deemed solely adequate, for inquiries making reasonable, specific requests for information not routinely included in the packages. 4.1.7 Referrals - other Aqencies For. inquiries beyond the expertise of the Chamber, referrals may be made to more appropriate entities. A tally of the number of inquiries referred to other entities, including date of inquiry, type of inquiry (valk-in, phone or mail), entity referred to, and subject - -.. --- Page 6 of inquiry shall be recorded and reported in the quarterly sUIDJ"llary to the City. The Chamber will provide the na:me and address of the person or business making the inquiry, if appropriate. ~ 4.L8 Referrals - Businesses "oo Rèsponses to inguir es shall. show no preferential '~1:rea.tment to, ChaJllber ,1!Ie:mbers or any other group or individual 'persons or businesses. Wherever possible, however, referrals to businesses shall be 1!Iade to búsÌDesses in the city of Chula Vista. Referrals shall be rot-ated aJIlong. businesses qualified to provide the service or se~ices requested. . The Cha:mber shall coordinate responses to significant business relocationinguiries with the City's Community Development Depar+~ent. . '," 4.L9 Customer Feedback During a specified period ea ch year of this contract determined by the City and Chamber, the Chamber shall develop and 1!Iake available to the public tmstamped response cards addressed to the City to obtain feedback on the quality of infor:mation provided. Each response to mail inquiries shall include such a card. All cards returned to the Chamber shall be forwarded to the City. 4.LlO Mailinq lists The Chamber shall provide updated information upon request to the Center and to the visitor information center at Bonita Road and I-80S (hereinafter nBonita CenterU). The Chamber shall include the both the Center and the Bonita Center on the Chamber's mailing list. The Chamber shall exercise care in ensuring both the Center and Bonita Center are provided with new, pertinent information as it arises, such as special events, lists of visitor-oriented businesses and attractions. 4.L11 Free Services The Cha:mber shall Dot charge the public a fee for providing services unless specifically approved in writing by the city. Chamber may request approval for fees at any time and will provide a complete list of any booklets of information being sold by July 1. pf each year of this agreement. Generally, extensive booklets of information that relate to the topics in Section 4.1.4 consisting of 1!Iore than 15 pages will be considered for fee approval by the City. City maps will be sold to the City and the Center at cost, to the Bonita Center at 9- :3fd -, ._.. - .-.....-- --- -""""'-'--"'--'--- Page 7 .ember cost and for no more than $3 to t.'1e ge;}eral public. 4.2 Covenant to Operate~ Services to be Offered fram Site. The Chamber shall operate a first class Visitor Ï~fo~a;ion Center according to the following standards for the tenD. of thiSagre;eJD~t:~:-~~, ~iup.:,:m~~~be- from time to ti:me extended. -. -"'~-~;"~" HO~~S':Óf,òrieràtio~~' . -,' -"", to> ",,;,,":'-"'(Yt;>...,,-, --' The,:',Chamber .sþa~~:; opetàtè the Center at least nine (9) ;hours per day on wêèJtdãys> anà' eight (8) hours per day on weekends and holidays., .Initial operating hours shall be 9 a.m. to 6 p.m:-"òn" weekdays and 9 a.m.- to 5 p.m. on weekends r.' :~ul?j.~ct. ".;tt?, amen~~nt by separate .7i tten agreement', of ._;the~ è:1iäin15er aDd Contract Administrator. The Center may bè' c::losed"onThaDksgiving r Christmas and New. Years Day. , ,I 4.2.2 Transit Passes. The Chamber will make available for sale to the public transit passes issued by the Metropolitan Transit Development Board (MTDB) and Chula Vista Transit. The Chamber will also make change for transit f~es as requested by the public to the extent feasible. 4.2.3 Precedence of Services. Commercial activities, promotion and/or referrals shall not interfere with the Chamber's ability to provide free, reliable, complete and true information in response to requests from public users of the facility. 4.2.4 Sicmace. The Chamber may be required to post a "Free Visitor Information" sign at each of the three entrances to the Center or at the counter. Size and design of the sign ..ill'meet with the approval of the City. The Cha1llberis pròhibi ted from erecting or c:rea ting any signs on the premises which are visible from the outside or in any a:¡;-ea within the- jurisdiction of the City without prior written approval of the City. Interior signage or advertising is subject to the City's approval. 4.2.5. Display ~dverti6inq. The Chamber shall be permitted to sell display advertising space, which shall be li~ited to both sides of the northwest window facing north, or alternate window - ,- - "'.> '--..'..-----...------....--- Page 8 space if requested by the Chambe= and app=oved by the ci ty. Display advertising on surfaces othe= than windows is limited to those areas indicated on the Design Layout as herein defined and as it may be modified with the City/s approval. - 4.2.6. Wall Space. -- T . . . , Ëxcep~. as; provided herein or. otherwise approved by the city I interior and exterior- wall space "wil1.':þe posted only with public: servic:e infoJ:1l1ð.tion consistent ~ with material identified,,'Jin. this; agreement,r' and display :ma~eria1. . supplied.. 0;:: . approved by the City designed to '.- promot,e v~si tor attractions in Chula vista. 4.2.7. 'Information Counter. . Display"_of- 'retail merchandisè on the info~ation counter top sha.llnot, significantly íntérfere vithits ability to . be seen' and "used for providing visitor and transit information. Display of additional retail merchandise behind the counter' I shall present a neat,. uncluttered appearance. 4.2.8. Pay Phone. The Chamber shall be required to maintain at least one public pay phone on the Premises. 4.2.9. Restroom Access. During the Center/s hours of operation, the restrooms shall be unlocked and available for public use. The City reserves the right to allow bus drivers to have access to the restrooms during hours that the Center is closed, ..i th said access being through the exterior doors opening into the Center1s restrooms. No access will be pennitted in to the other interior areas when the Center is closed. The Chamber will lock the interior doors to the restroo1D.5 when the Center is closed to help prevent access. 4.2.~D- Co~pliance with the Law. operation of the Premises shall comport with all applicable ordinances, rules and regulations, including but not limited to, those provisions of the Municipal Code relating to the sale of adult materials such as those regulated for adult book stores (City Code ~9. 04 - 007) and the County of San Diego Health Department's regulations relating to food sales and consumption. ,/ , - - '0-- ~-,-,--,,----------'----" Page 9 403. Du~v to Provide Services Off-site 4.3.L Previous COTItract - - recognition of the fact " that' not--all services In perfor:med under,the Previous. ~ontract ._~e, transferrable to the Center, due primarily to" the waJJé-in oriented .. business attracted -to - the Ch~er~!õ.i. Main,,- Office,- the Chamber shall continue to provide..,lhiited General Information Services for the city'ã£'ï-ts" Main Office. The ChaJIlber shall continue .to, represent the City at selected trade shows, workwiththe"Cí£ý's economic dev,élõP~ent !;~aff '" to- obtain 1D:a.t~~~~s ;.!n,~d~isplays, as appropr~ate, and represent the;:Ci~yat selected special events to promote the city to ,visitors: àÏ1d enhance its regional Í.1IIaÇfe: The ,~amber shall_, als,? p"rovide necessary management t:ime-requ~ed to ensure .-that" all. of the above services are performed in a professional and tÍ.1llely manner. Compensation for. the above services (hereinafter "Main Office services") shall be as hereinbel~w provided. 4.3.2. Main Office Se~ices - Hours of Operation Chamber staff shall be available to provide Main Office Services Monday through Friday from 9:00 a.m. to 5:00 p.m., except for Ne.. Years Day, .Hartin. Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day. Holidays cited above falling on a Saturday will be observed on Friday. When.a holiday occurs on Sunday, it will be observed on the follo..ing Monday. 4.3.3. Consolidation of services Where possible and practical r the Chamber shall endeavor to consolidate this :main office service with t.>¡a t provided at the Center. Efforts to consolidate shall include, but not be limited to, White Pages listing of the Center phone number and site as the Chamber's "General Information/Tourism" contact and revie.. of phone and :mail handling procedures. 4.4. Securitv: Bondinq. The Chamber shall deposit $10,000 in cash as :security to assure that the Premises is returned to its original condition upon termination of the contract ("Security"). City shall use best efforts to invest the Security in a manner typical of other City investments. City shall pay annually to the Chamber the interest earned on the Security at the average interest rate earned by the City on all of its liquid _. '-'."---'-"-."'-" ..-........-.-..------..--- Page 1:) investments. The Chamber has the option to ~rovide City ..i <:.h a security bond in a .form acceptable to City as an alternative to secure the Chamber's performance as hereinreguired. 4.5. Risk Mitiaation. 4aS.~- Dutv to conduct. asafè óperãtion. . -:.-. ';,.- ~~O-",..,.- ". . The Cha:mber shall operateo_the::PEÈuI1ises in a safe and , -. reasonable manner. "t' '-. 4.5.2. Indemnitv. ,- -- ~,. , ' r.- '. '. "00', - The Cha1!1ber shall defend',: indeJDI1ìfy"arid hold harmless the city, thedrelected and:appoiÌlted~6f£idêrsånd employees, the Redevelopment Agencyof,.",tlle-'City'of. Chula Vista (hereina£ter"Redevelopment AgencY"l,'the County of' San . Diego, and the Metropolitan Transit Devèlopment Board (hereinafter "HTDB") from and against all claillls for da:mages, liabili ty ",' cost and expense (including without lÏ1nitation attorneys/fees) arising out of the conduct of the Chamber or any agency' or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those clai~s arising from the sole negligence or sole willful conduct of the City, its officers, or .employees.- The Chamber's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, the Chamber at its own expense shall, upon written request by the city, defend any such suit or action brought against the city, its officers, agents, or employees. The Chamber's indemnification of City shall not be limited by any prior or subsequent declaration by the Chamber. 4.5.3. Insurance. Chamber shall, throughout the duration of this Agreement, maintain insurance from responsible and sol vent corporations authorized to issue such policies in California with a financial rating of at least a "A, Class V" status or better as rated in the most recent edition of "Best's Insurance Reports" unless a lower rating is approved by the City's Risk Manager. Said insurance coverage shall include: , 1.. commercial General Liability Insurance including Business Automobile Liability Insurance in the amount of $1 million combined single limit, which names the city of Chula Vista as additional insured- t¡-LfO I - .---.----------.--. ---.---..--- " ?age 11 and is primary to any insurance policy carried by the City. 2. statutory Worker's Compensation Insurance and - Employer's Liability Insurance in the amount of $1 million." , '. '" -,": .-...:.' ,. . ' - -,' , . , 3. .~ All risk property insurance cove:;:ìJ¡1g, the value of propertyinside!.the building~ - .', '," ... . . . - '. .' . .. -,.' , CbaJDber will provide,.' prior . to~',coIilJn~.i?:c;e:me:Ì1t of the "servìèes- required under ,the agreë1nent,"'~ceitificates of :"ins-uranèe :for~ the coverages: r~quir'ed "'fx:ì:.:tii..J;~: section, and;-for CömJDercial General LiabilitY Ins~a1;1C"e, a policy endorsement for the City as additional'insÜred', a policy -. ,endorse:men:::,:.stating <t:he._Çh~erfsr.~sur~nce is. prÌ1nary- . and a'po¡~cy endor~e:ment statJ.I1g. that.. the IJ.:mi ts of - insurance apply separately to each' project away from premises o'WI1ed, :r:ented or operated by' the Chamber. Certificates of insùi-ance must also state that each policy :may not be canceled or materially changed ~ithout at least thirty (30) days ~Titten notice to the City. Each poiicy which the Chamber maintains shall name the City, Redevelopment Agency, the County of San Diego and MTDB as additional insureds. 4.6. Ouarterlv Repo~s The ChaJn.ber shall record and submit in "Writing gua:::-te:::-ly reports to the City for the quarters ending September 30, December 31., March 31 and June 30. Said reports are due within 30 calendar days of the end of the quarter and shall include the following: 1) Numbe:::- of inquiries processed, per location, at both the Center and the Main Office, as received by mail, phone and walk-in visitors and the number of inquiries responded to by mail. Types of inquiries shall be categorized by, but not limited to, the following topics: a) Tourist/Visitor related b) Mas~ transit - trolley, bus c} Special Events d) New residents e) Government services . f) Mexico g) Business/service referrals h) General civic information i) Recreation j) Other -- _..,..,----------- - ?ê9"e 2.2 2) Additional data shall be collected, in a fcrIIl a:1d frequency as further specified by the City, regarding visitors' cities of residence and hour and day of visits. 4.7 Financial Reports. - - .... Within thirty PO} days after the end of each quarter of the term hereof, commencing with the thirtieth day of the month Ï1mJíediately following the first quarter of" this agreement, and ending with the thirtieth day of the~JD.onth"succeeding the last month of the term of this agree.ment or any -extensions thereto, ,the,,"Cha1llber z;hallfU-."'"11ish to the- city a statement in w-riting, , -certified by. the Chamber to be:.:correcti i-.!>þowing for the previous qùar£er the Center's.. Gross,'Sal"fi!.s:.tand Applicable Operating Expenses. The ChaJllber-:shall keep: _. '/ -: ,-,/t - - "':.." (a) full and accuratebooks~of',account:,and records in accordance 'with Generally'Accepted"~ccounting Principals consistently applied, including, without limitation a sales journal, gen~~al ledger, payroll records, and ~ll bank account stateEents showing deposits of Gross Sales, (b) all cash register receipts with regard to the Gross Sales, credits, refunds and other pertinent transactions made frOE or upon the PreEises and (c) detailed original records of any exclusions or deductions froE Gross Sales. Such books, receipts and records shall be kept for a period of two (2) years after the close of each calendar year and shall be available for inspection and audit by the City and its representatives at the Premises or at the principal place of business of the Chamber during regular business hours. In addition, upon request of the' city,.. the Chamber agrees to furnish to the City a copy of the Chamber's state and local sales and use tax returns. The city shall, within two (2) years after the receipt of any such statements, be entitled to an audit of such Gross Sales and expense record. Such audit shall be conducted by the city or by certified public accountant to be designated by the City during normal business hours at the principal place of business of the Chamber. In addition, if any of the Chamber's statements shall be found to have understated ~oss Sales or overstated expenses by more than two percent (2%), or if such audit shows that the Chamber has failed to maintain the books of account and records required by this section so that the city is unable to verify the accuracy. of the Chamber's state.ment, then .the Chamber shall pay to the city all reasonable costs and expenses (including reasonable auditor and attorney fees).which may be incurred by the City in conducting such audit. ) _. ",-""---"-"---'-"'-----'---" ,--"'" " ?a::;e 13 4.8 Use of Pav~ents and Revenues. The pay-ments from -the city- to the Chamber and revenues realized from operation-of.theCenter shall be used only for providing the infonnation" services ,-òütlined herein or for other purposes as may be appioved by, the city Councîl. ThE!se monies shall not" be:, used-;.o:;in.::; support: - Òf any political activities for any candidate,.C!r'iJ?sue',' nòrmay they be used to supplant other Chamber.;: ~und$;; ~>1 anYr ~~~r that resul t~ in such Chamber funds::be:l.ng<iJ1Siad.r tc)( support any polit~cal activities; --fòr ~ anY"-'candidate;:or':-~s!"úe':: Any political expendi tures made in.rela"t;ionship - t~:i; "~e: Chamber will be considered as -Politicaly£: A.ct~on- ,ComIÜttee (PAC) funds specifically raised for political purposes: 4.9.- PossessorV' Interest Tax.;: .;-;- P' ""-'-""'-\H"-C-, - 'FJen 'though this is _a~{te,;'~:tt~é:i.fi~.;~eryicês agreement, and not a lease, the Chamber.£: .s~alI be,-:responsible for any possessory interest tax, if same may be successfully assessed. ,I, 5- Duties of citv. 5.1 Duty to Make Premises Available for tne Use and Occuuancv of the Chamber. city agrees to make the Premises and. Center available to the Chamber in order to provide the 'visi tor and transit information services herein required; and to conduct such other collateral uses herein permitted, which availability shall be to the exclusion of all other commercial uses of the premises. The Chamber has no independent right to occupy the Premises and Center except to provide visitor and transit information services. 5.2 Duty to Allow the Chamber to Conduct certain Commercial Acti vi ti es. 5.2.1. Permitted Commercial Activities. On the terms and conditions herein specified, including accordance wit.~ the approved Design Layout, the Chamber shall have the right, and city shall permit the Chamber, to conduct the following commercial activities or sales at the Center: 5.2.1.~ Transit tickets and passes 5-2.~.2 "Chula vista": 1} T-Shirts, caps. 2) Bumper stickers, Key Chains, Buttons 3) Pens and Pencils 4) Postcards 5.2.1.3 Film, Flashbulbs, and Batteries c¡ - '/3 I - - ------------ Page 14 5.2.1-4 Maps/Guide Books 5.2.1-5 Mexican Auto Insurance 5.2.1.6 Newspapers and Magazines 5.2.1.7 Travelers Checks/ AJ:Derican Exp::-ess se~ices 5.2.1.8 soft~Drinks/Coffee " 5.2.1.9 -Candy/Gum/Snack Foods 5.2.J..J.O Sunglasses ~ -- 5. 2'~J.~-i.J.-c~ Suntan'--Lotion/Chap stick 5.2_; J.. J.'2 '~Postage ;StaJllpS ,'- -' S~2. J..J.3"'-"' Kleenex/Pocket. Combs - S~-2.J..14- Lottery:Ticke~s,_.- ., - -- S'."2'~-J.'.J.5 '--Tour~ind -Excursion- Tickets 5:2.1.J.6 v'ideo/vending'lII.achines 5..2.1.17 . Display,{ advertising space as pennitted hereiÍ1.-: '-" - The sale of products.- or..,.services not. listed above is subject to the City's approval. 'Sueh 'approval shall not be unreasonably- 'WIthhe'ld, but, shall be consistent with. the approved Des~~~ayout. - 5.2.2 Compensation,. 5.2.2.1 Base compensation For any quarter in which the Applicable Operating Expenses exceed the Gross Sales, the City shall pay to the ChaJDber half 'of the difference,. up to a maximum amount of $15,000 per fiscal year. 5.2.2.2 Main Office Services Compensation For continuing provision of Main Office Services, the City agrees to pay the Chamber the s illIl of $30,148 per fiscal year, prorated quarterly, fo::- the tenn of this agreement. 5.2.2.3 CPT Ad;ustments At the option of the city, the annual sum listed in section 4.2.2.1 and/or in Section 4.2.2.2 may be adjusted at the beginning of each fiscal year, starting with the FY 1995-96, in proportion to the percentage increase of the All Urban Consumer Price Index for the San Diego Region (CPr) for the most recent twelve (12) months, up to a maximillIl of 5~ per year. 5.2.2.4 Time of paYment . - Quarterly payments shall be made within ten (10) work days after receipt of quarterly reports to be ---.--------------- ------ -- Page 15 subIiiitted by the ChaJIÒer as specified in Sectio:1 4.1.10. 5.2.2.5 Residual Compensation - Previous Contract The city agrees to pay the Chamber the pr-:i:ce asr-aed in the Previous Contract for the final quarter(s) or prorated fractions thereof for all services delivered through the termination date of the Previous Contract. .:,,' 5.2~3 Initial Subsidvfor Inventorv Prior to March 31, 1995, the City shall provide a one- time payme~t of $10, 000 ~~ -,the, Chamber to procure an initial inventory_. of ; Chula vista:-related memorabilia for - res'ale at.-the Center~ ~cliases made with said one-time . paY1neD.t shall not. 'be- considered Applicable Ope:::-ating Expenses. 6. Desiqn Lavout. I d, 6.0.1. The city and Chamber agree to complete a pla:-. which demonstrates the color scheme, theme, lighting, and physical location of any furniture, fixtures or equipment as lIlay be included, such as tables, chairs, racks, shelves, vending machines, display advertisements, etc. (hereinafter ttDesign Layout") to be incorporated into the interior and exterior areas of the Premises. The City will vork with the Chamber and a space designer to be provided by the city to develop a design layout that is acceptable to both parties. ci ty Approval will be subject to all city rules and regulations, including but not limited to Design Review. The City and Cha1Ilber will use good faith and best efforts to produce a g-r.aphic Design Layout acceptable' to the City no later than DeceJnber 20, 1995. 6.0.2. Until said Design Layout is mutually agreed upo~ by the parties, or until the termination of this contract if agreeJD.ent on the Design Layout is not reached, The Chamber shall maintain Center displays, including, but not limited to, the following: 1. One bulletin board of community activities of a size and design acceptable to the City. The Chamber shall insure that current information concerning upcoming special events within Chula vista are displayed at all £imes. 2. Display map of the city of Chula Vista. 3. Display stand of scenes of Chula Vista; - .__.- '"--.---.--"-'--------.-------- Page .l5 4. Display space on the infonnation c::mr.te:::: for brochures designated by the City about Chula vista attractions. The Chamber "Will further provide space for transit brochu::::es designated by the city in a location mutually agreeable . to the -parties. -: - 5. Ãt' íeast' one fully stocked brochure rack in the lobby area of the premises containing brochures which provide information on the 1na]orvisi tor attractions in Chula Vista and SanDi~go County. . . c city :may term.ina,te any use in the interior of the Center or layout cif.' the intèrìor facilities which it finds obj ectionahle ¡'and the Chamber is prohibited from use or decoration of the exterior areas without the advance written approval of the City. 6.0.3. The Chamb~ shall not make any structural improvements or changes to the Premises except in accordance with the "Design Layout" which has been reviewed and approved by the City. 6.0.4. The Chamber's operation of the Premises will conform to the approved Design Layout. Any changes to ~~e approved Design Layout must have prior ~pp=oval of the city. 7. Revie"W and AmeTldment The ChaJDbe.r and contract Administrator shall meet on ~t least a quarte::::ly basis to review items including, but not limited to: quarterly reports, scope of services, hours of operation, pe::::mitted commercial activities. design layout, and scope and consolidation of MaiTl Office Services. The Chamber and the Contract Administrator :may, by separate ;,,-ritten agreeIDent, a1IIend the scope of services or operating conditions relating to: form and content of quarterly reports, visitor services, hours of operation, permitted commercial activities and design layout. Any other changes shall be subject to formal contract amendment. 8. ~ 8.1 Initial Term. The term of this contract shall be for two and one-half (2.5) years, commencing January 1, 1995 and ending June 30, 1997, subject to the extension and termination provisions of this agreement. ß - .------..-..----.------...---.-----.. Page 17 8.2 Option to Extend Following the initial term of this agreement, the City and t~e Chamber shall have three (3) consecutive options to exte:1ð. this agreement for three (3) year periods, for a maximUJ: of nine (9) additional years. Other terms and conditions of the contract during the option period(s) ,shall be the šãJne âs the irii tial.::term ~ .~ :To exercise, any SU~, option. to extènd, the City must~"give ;the:i.Chamber" written',noti£e of..its' intention to ".ertendat :le~st; fiv.e (?): months: bef°z-e the expiration of the .'inït::ial term'~-or;;; then- current extensionperi.od.'" The Chamber slla:lT! have,\thirty/) (30) ;'êiãys._to notify -'the' èity 'of its iJ;)tention:to:-accep:t: the:èxteri'sion' option. The Chamber's agreement to extend shall"be at its sale and. absolute discretion. ", 9. Maintënance. :cRepairs " I1Tlprovements: "è ,':,:r,:,;;'",;;'",:'.:" .._,-' 9.1. '. Recrolar:.-Maintenance, , . .' ,~~ ',:" :' ' .. _. -',~ c,' The Chamber shall be responsibÍe for keeping in good order and condition the interior ioæ the premises, the vending machine area, and the rest rooms, including but not limited to interior walls, floors, windows and necessary cleanin~ thereto. The Chamber shall clean and provide minor maintenance for the rest rooms, which are a portion of the premises, for the use of the public. Restrooms . will be cleaned at least once per day on Mondays through Thursdays. Restrooms will be cleaned at least twice per day on Fridays through Sundays and on major holidays, unless less frequent cleaning is approved in .."'ri ting by the City. Restroom supplies such as toilet paper and paper towels shall be provided by the Chamber. The Chamber shall be responsible for all costs and supplies necessary for the proper cleaning of t.~e interior of the premises, including graffiti removal which does not require painting, and minor maintenance such as replacing interior light bulbs. The Chamber shall be responsible for the professional cleaning of the interior floors and vending machine area floor at least once every three months using professional equipment and/or personnel. The Chamber shall be responsible for maintenance of the exterior advertising panels, steam cleaning of the exterior patios and walk~ays of the premises when needed, trash pick-:Up and removal, and exterior ashtray cleaning. 9.2. Facility ReDairs The City shall be responsible for repairing and maintaining the exterior of the Center. This responsibility"extends to, but is not limited to, the interior, the roof, exterior walls, landscaping, and graffiti removal. The City shall be responsible for repairing and maintaining all permanent interior improvements to the premises. said improvements - --....-,.-.- ---.---...-------., Page 18 shall include, but not be limited to, plu:üù::ing, utilitv systems, "Windows, fixtures, painting, and "Wall coverings. - 9.3. Emeraencv Repairs , '- .' The',Ci ty âutho~izes the Chamber to' make. emergency -repairi of . c up.f:ö $5bO~-f.or iteJnS the city is responsible for;repairing and -, ::ma~"!:ainîñg:. ,Emerge!}t:y repairs include but are not limited to .: ~- .,:,,_.: broken- windows._and' roof leaks. The" Ci'ty:> will.reiJDburse the Chãmber" fôr'.-rèasonabl'e costs up -tò' $5 DO,:,:, for such -necessary emergencY r~þäi£s - within"sixty (60)~,days~ of. s~mlt'ting an invoice tC)~;the.Cityrscontract ad:m:inistrato~..,-:_,/':' .' 9.4. NeQliaence .' NotWith~tà.nding~the 'Í"orègoing subsectiofu;r :th,eÇþa:mber will be responsible for all repairs required as a result õf negligence of the Chamber or the Chamber's empl oyees;.:,.T~.:. Co s ts of said repairs shall not be dee1lted "Applicable Operating Expenses." ,I I I 9.5. utilities The City shall be responsible for all water, sewer, and electricity utility costs associated with the use of the premises,. including the restrooms. The Chamber shall be responsible for all trash disposal, alarm service and telephone costs. Telephone billing records and long distance charges shall be subject to revie"W and audit by the City. 9.6 Improvements and Personal Prouertv~ Title UUon Termination Unless otherwise provided in writing by both parties, all improvements to the Premises shall be the responsibility of the city, and upon termination of this agreement, all improvements to the Pr~ises all inventory and all personal property remaining on the Premises shall be deemed to be the property of City. 20. Termination lD.::t Riaht to In~pect OPerations. The Contract Administrator shall have the right to enter the Center, inspect same and review the operations of the Chamber under this agreement at any time during the term of this agreement. .1.0.2 RiQht to Determine violations. " If Staff shall determine that the Chamber is in violation of the terms of Section 9.4 ("critical Violations") or 9.5 - ("Significant Violations"), or other provisions of this .J - '-------".'-'-"-"""'-"--'---""--""-'--'--"--'- Page 19 A;reement ("Other Violations"), Staff shall notify ("Notice of Determination") the Chamber by telephone (or by such other method as it shall determine appropriate given Staff's assessment of the seriousness of the breach and the urgency of the need for cure) of the violations. Staff's determination that a violation has occurred shall not be reviewåble by the city Council'at this time, but Staff shall use its reasonable judgment in exercising its. discretion hereunder. " - -. - 1.0.2.1.' .ConteTlts of Notice of DeterminatiOTl. The Notice of Determination, verbal or written, shall contain the violation or violations, the date arId time, if time specific, of occurrence of the violations, the nature of. the violations (i.e., Critical, Significant, other), and may establish a time within which to ~commence and effect the cure if staff desires arId if Tî:me.. to CUre is required to be tendered by the terms hereof (Section 9.3). 10.3 Time to CUre. .,.1, 10.3.1 Time to CUre Not Recruired. If Staff reasonably determines that a violation by the Chamber was or is either a willful and avoidable violation of Critical nature, or not capable of cure, Staff may institute Termination Proceedings, as hereinbelow defined, immediately without providing time to cure. 1.0.3.2 Time to CUre Recruired. Unless Staff is not required to afford the Chamber time within which to cure. the violation (s) pursuant to paragraph 9.3.1, Staff may establish a time within which to cure the violation at or subsequent to the time at which it determines a violation has occurred. Staff's establisrnnent of a time within which to cure shall be based upon its dete!1llination of the Chamber's culpability in com.mitting the violation, economic feasibility to cure, and need to cure. 10.3.3 Force Ma'ieure. If a violation occurs that is caused by a fire, flood, earthquake, bridge collapse, chemical poisoning, act of war, or similar major calamity, and as a further result of said calamity, the Chamber is prevented from commencing and diligently prosecuting a cure for the violation using reasonable efforts, the duty to cure the violation shall be suspended for the period of time in - -..-.. .-..---.---.--.-.---------.- . Page 20 which the Chamber is prevented, not,to exceed one (1) month. 10.3.4 Fail~re to Prosecute CUre. -- - Failure to commence the cure immediately, diligently prosecute the cure, and to effect'the cure, .wi thin the tÏJne set.by staff shall be grounds for City"s termination 'of this agreement, and staff may instit~te Termination Proceedings. 10.4 criticalViol~tiol1S The following shall constitute "Critical Violations" of this Agreement: 1. The Center is closed, or otherwise not operational in te-~s of providing visitor and transit service to the public, for any cumulative (not necessarily consecutive) periods in excess of eleven (11) hours during the specified minimum operating hours in any 3D-day period; or, 2. The Chamber engages in a course of activity which significantly impedes or diverts the flow of visitors, tourists and the general public from Chula Vista business. 20.5 Sicrnificant Violations The following shall constitute "Significant Violations" of this Agreement: 1. The Chamber's performance does not present a positive iJnage of the City or does not provide complete and accurate responses to information requests from the public; or, 2. The Cha!IÙ:>er allows commercial activities to significantly interfere with providing complete and accurate responses to infonnation requests from the public. 10.6 Termination Proceedinqs, "Termination Proceedings", as herein referenced, shall take the following form: 1.0.6.1. Staff shall establish a date for a hearing ("Hearing") before the city Council of Termination of Agreement not sooner that 7 days from the Notice of Determination. - ....,.. "-""""""""'--'---"'-""""""'-"---'" Pa;e 21 1.0 - 6.2 Staff shall provide at least 7 days notice of the Hearing to the Chamber. Notice need not be given to any other party except by the posting on a City C::n:.ncil Ageñda . ,- - -- . 10-,6:'3 At the Hearing, the City Council shall deliberate - upon the occ;:uirence of a violation, ,and the right to cure the violation, and on such other:matters as the Chamber and Staff shall determine are appropriate. . -:- -.,-" ",-,':':1 ': h, ~:--:," , 1 D.. 6 . ~ - _If. the city council ¡'h;-il ;-it til£; ex~cise of its ,,' rea~oriable judg1l1ent, determine that the best interests of , .~: the~City, àre served by the~termination of the' agreement, " ~ "",.itshall by written resolution:terminate the. agreement. ,""""-~,:-=:';c,','" .. ,:;,~,,"".,-,.,. -. ',16..7.'" Abandómnent. ,c.; - -..;;",,; ,'. <. ., ""'ifthe'c"entèr '-is closed,' or otherwise mot operati~n~l in terms of providing transit and visitor service to the:public, during all of the specified. minimwn operating hours for two consecutive days, this Agr~e:ínent shall be deèJDed terminated at the option of the ContraCt Administrator and upon exercise thereof, the premises shall be deemed abandoned. 10.8 ComDensation and lor Damaces. In the event of termination, compensation due shall be prorated less any damages caused to the City by the Chamberls breach. 11.. Miscellaneous Provisions. 11.1. ~ssioninQ and Sublettino The Services of Chamber are' personal to the city I and the Chamber shall not assign, subcontract, transfer, sublet or encumber the Premises or any interest in this Agreement (whether by assignment or novation) without the prior wTitten consent of the city. 11. 2 .~dministrative claims Recroire1tlent and Procedures. No suit or arbitration shall be brought arising out of this agreementg against the city, unless a claim has first been presented in writing and filed with the City of Chula vista and acted upon by the City of Chu1a vista in accordance with the procedures set forth in Chapter ~_34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if fully set forth herein and such policies and procedures used by the city in the implement.ation of same. Upon request by the city, the Chamber shall meet and confer in good fai th with the ci ty for the purpose of resolving any dispute over the terms of this agreement. q-S/ - "---_..' ----,..__.__...,-~"--,....--_. Page 22 21..3. ¡:.,ttornev' 5 Fees. Should a dispute result in litigation, it is agreed tha~ the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including cqsts andattorney's'fees, provided that said party has-exer~ísed best efforts, in good faith, to-negotiate a settlemënt of the dispute prior to and during the litigation. . 22.4. Entire Aqreement. . ' -.. --' This Agreement, together. , with any other written doCU1Ilent referred to .or contemp1.a.:ted. herein, emboqy the entire: Agreement and unders1;anding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived Dr discharged except by an instrument in writing executed by the party: against which enforcement of such amendment,waiver or discharge is sought. 21..5. Capacity of partilas. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreemen~ i that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 21-6. Governincr Lav/Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of California. Az¡y action arising under or relating to this Agreement shall be brought only in the federal or state courts located in Sa:! Diego County, State of California, and if applicable, the City of Chula vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 220 7. Inde~endent Contractor. city is interested only in the results obtained and the Chamber shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right to reject or accept the Chamber's performance according to the terms of this agreement. The Chamber and any of the Chamber's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to 'be an employee of city, and none of them shall be entitled to any benefits to which city employees are entitled including but not limited to, overtime, retirement benefits, - -'- --....-."---.-,---------.--- .' Page 23 ;.;orkers compensation benefits, injury leave or other leave benefits. 11.8. Financial Interests- 11. 8 A 1. The Chamber warrants that neither the:t _nor their employees or agents presently have a:p.y interest; directly or indirectly", whatsoever in the property. which is the subject :matter"of the contract, or in.any property within ten (10) radial miles from the exterior boundaries of the property which is the subject of the contract, except as listed on. an attacmnent hereto. 11.8.2. The Cha:mber further warrants and represents that no promise of future emploj71nent, remuneration, 'consideration, gratuity or other reward or gain has been made to the Chamber or their associates. The Chamber pronses to advise the city of any such promise that may be made during the term of this contract and for subsequent extensions. " ¡ I ... 11.8 -3. The Cha!!lber may not conduct or solicit any business for any party to this contract or for any third party ..hic:h 1D.ay be in conflict ..i th the Chamber' 5 responsibilities und~ this contract. 11. B - 4. The Chamber further agrees to .aive and forego the following: relocation benefits, owner participation rights and claims for goodwill. J..2. CorresDondence and Noticincr correspondence relating to this agreement should use the addresses given below: George Xrempl Roderick F. Davis Deputy City Manager Executive Director City of Chula Vista Chula vista Chamber 276 Fourth Avenue of Commerce Chula Vista, CA 91910 233 Fourth Avenue Chule. Vista, CA 91.910 : -, oo, "-'------"-"'.--.-...---, Page 24 SIGNATú~ PAGE TO CONTRACT TO PROVIDE VISITOR AND TP~~SIT INFORMATION SERVICES AT THE CHL~ VISTA VISITOR INFORMATION CENTER IN WITNESS WHEREOF J C~Y and Cha1llber have exéë:uted this Agreement this ~o .,.... day - of e.r..Al""'~ ~994. -0 THE CITY OF CbULA VISTA CHULA VISTA CHA.""IBER OF COMMERCE ~ -./,. ~ "~ :;] r/J-/ xL a ~~ . n(/Lj/ .J.~ P esident -,- Mayor . -, '('j -:iAJ ~. þ -¡ ..4 r-..J--J.J E)~cútiwe D rector - ..-----.---,,-----.-...-....------ ATTACHMENT C I COUNCIL POLICY I CITY OF CHULA VISTA SUBJECT: SUPPORT FOR A mULA VISTA VISITORS POLICY EFFECTIVE AND CONVENTION BUREAU, SUBJECT TO NUMBER DATE PAGE ANNUAL APPROVAL OF A BUDGET AND RELATED CONfRACT 230-01 07-01-95 10F2 ADOPTED BY: Resolution No. 17843 I DATED: 03-21-95 BACKGROUND Particularly given the imminent opening of the Olympic Training Center in Qula Vista, the City desires to promote tourism and the Cit, s visitor-oriented attractions and facilities. Visitor promotion and funding has also been discussed in the cc,ntext of considering whether to abate the Transient Occupancy Tax (T.O.T.) on April 1, 1995 from 10% to an amount not less than 8%. PURPOSE The purpose of this policy is to provide guidelines for the amount and use of Visitors and Convention Promotion Funds. POLICY 1. During the annual budget process, the City Cour¡cil will consider the adoption of a Chula Vista Visitors and Convention Promotion Budget for the following fiscal year. It shall be the policy of the City that the Visitors and Convention Promotion Budget should be funded from General Fund sources other than the T.O.T., in an amount addressed in paragraphs 2 and 3 below. In implementing this policy, the T.O.T. revenues collected may be a measure of the amount of the appropriation, but not the source of funds used for the appropriation. 2. It is the policy of the City Council to direct staff to prepare a proposed FY 1995-96 Visitors and Convention Promotion Budget, for Council's consideration during its FY 95-96 budget deliberations, in an amount of $150,000. 3. For FY 1996-97 and the three consecutive fiscal years thereafter, it shall be the policy of the City Council to direct staff to prepare proposed Visitors and Convention Promotion Budgets, for Council's consideration in its annual budget deliberations, in amounts measured by the amount of T.O.T. revenue collected in the most recent I-year period for which data is then available (typically April through March) based on the following guidelines: - If the annual T.O.T. revenue is $1.5 million or less, the proposed Visitors and Convention Promotion Budget would be an amount equivalent to 10% of the T.O.T. revenue collected. - If the annual T.O.T. revenue is more than $1.5 million and less than $2.5 million, the proposed Visitors and Convention Promotion Budget would be $150,000 plus an amount equivalent to 5% of the T.O.T. revenue in excess of $1.5 million. This guideline would thus result in a maximum proposed annual Visitors and Convention Promotion Budget of $200,000. _. -.-'-0._.. --- ------ COUNCIL POLICY CITY OF CHULA VISTA ~UBJECT: SUPPORT FOR A ŒULA VISTA VISITORS POLICY EFFECTIVE AND CONVENI10N BUREAU, SUBJECT TO NUMBER DATE PAGE ANNUAL APPROVAL OF A BUDGET AND RELATED CONTRACT 230-01 07-01-95 20F2 ADOPTED BY: Resolution No. 17843 I DATED: 03-21-95 - If the annual T.O.T. revenue exceeds $2.5 million, the proposed Visitors and Convention Promotion Budget would be $200,000. The City would then review this Council Policy, including discussing it with the Chamber of Commerce and the Chula Vista Motel Association, to detezmine whether the policy should be revised to provide any additional guidelines for proposed Visitors and Convention Promotion funding beyond the $200,000 maximum. proposed annual amount provided in this policy. ~. The Chula Vista Chamber of Commerce and the Chula Vista Motel Association are forming a Chula Vista Visitors and Convention Bureau, and representatives of those agencies and the City will be involved in formulating a proposed Visitors and Convention Promotion Budget to be considered by the City Council each fiscal year. It is anticipated that some projects included in the Visitors and Convention Promotion Budget will continue to be administered by the City or be for services for which the City has previously contracted with the Chamber of Commerce. It is also anticipated that a significant portion (probably the majority) of the Visitors and Convention Promotion Budget will be for specified services for which the City will execute an annual one-year contract with the Chamber of Commerce, on behalf of the Visitors and Convention Bureau. The Chamber will provide quarterly repons to the City to be specified in the annual contract, including appropriate accounting data. ~. This policy shall be set for review approximately five years after its adoption date. That review should include, but not be limited to, the appropriateness of continuing to establish Visitors and Convention Promotion budgets in relationship to the amount of T.O.T. revenue collected, the guidelines for such relationships, and the appropriateness of the Chamber of Commerce continuing to act as the contracting arm of the Visitors and Convention Bureau compared to other organizational arrangements such as the establishment of a stand-alone Visitors and Convention Bureau. - -....... ---.--.----....-....-. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FY '01-02 BUDGET FOR THE CHULA VISTA CONVENTION & VISITOR BUREAU AND VISITORS INFORMATION CENTER WHEREAS, as a result of the strong economy and increased tourism throughout California, TOT income has increased during the past year; and WHEREAS, this increases the total budget proposed for Chula Vista Convention & Visitor Bureau activities, Visitor Center subsidy and other expenses from $168,374 in FY '00-01 to $178,294 in FY '01-02. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the FY '01-02 budget for the Chula vista Convention & Visitor Bureau and Visitors Information Center for a total amount of $178,294 with $130,094 to be administered by the Chamber via contract and $48,200 to be administered by the City. Presented by Approved as to form by -~-. ~L-~ David Palmer Deputy City Manager J, \attorney\reso\chamber extension IConvis I q~5 .~ _.. .....-----...--..---- COUNCIL AGENDA STATEMENT Item:~ Meeting Date: 06/19/01 ITEM TITLE: Resolution approving the application for Special Event Pennits for Tideland Use from the San Diego Unified Port District for the Summer Legacy Concert, Make a Circus, Harbor Days and Tall Ship Festival, and Taste of the Arts SUBMITTED BY: Deputy City Manager palmer~ REVIEWED BY: City ManagerS:: v:' (4/5ths Vote: Yes - No X) The City is sponsoring or co-sponsoring three large special events and one smaller event on Chula Vista's bayfront within the next year. Since these events are being partially or completely operated on property owned by the San Diego Unified Port District (SDUPD), the Port is requiring the City to submit Special Event Pennits for Tideland Use, which include indemnification and hold hanDless language. STAFF RECOMMENDATION: That Council adopt the resolution and authorize the City Manager to sign the Port District's Special Event Pennits for Tideland Use. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City is planning to host three large special events on the bayfront during the coming year: Summer Legacy concert on August 27,2001, Harbor Days and Tall Ship Festival on September 28 and 29,2001 (co-hosted with the Chula Vista Chamber of Commerce), and Taste of the Arts on April 6, 2002. The City is also co-sponsoring the Make a Circus event on July 17,2001, held last year at Voyager Park this year this event will be held at Marina View Park. Since these events are being conducted on Port District property, the City is required to complete the District's standard Special Event Pennits for Tideland Use, which include indemnification language. It should be noted that the Port District Activity pennit gives either party the right to a 24-hour cancellation notice, which, if exercised, would tenninate the scheduled activity. Copies of the Tidelands Activity Pennit for each event are included as Attachments A-D. FISCAL IMPACT: There is no direct fiscal impact involved with the approval of this resolution. Attachments: "A" - Pennit - Summer Legacy Concert "B" ~ Pennit - Harbor Days and Tall Ship Festival "c" - Pennit - Taste of the Arts "D" ~ Pennit - Make a Circus _. --'--"...'----- -..-..---- ATTACHMENT A Reference permit # EVENT INFORMA nON CHECKLIST for PORT DISTRICT PUBLIC PARKS and PROPERTY Please complete each item below, (allach additio/lal writte/l sheets as /leas,Wlry) and return the Event Informatio/l Checklist, Attachment A and Permit Application, (pages 5 - 7), to the Port of Sa/l Diego. EVENT TITLE: SUMMER LEGACY TYPE OF EVENT: ORCHESTRA CONCERT WITH FIREWORKS EVENTDATE(S): Auqust 26, 2001 TOTAL ANTICIPATED ATTENDANCE: ----45..0.0 Day and Date of Event (_Participants) (4500 Spectators) PARK LOCATION: MARINA VIEW PARK (or where exactly on bay front property) ACTUAL Event Hours: 7:00 AM/PM ( : 15 AM/PM SETUP Date: ~~~.:L..f§-1~OOJ Start Time: _ß..JJJL_____AM/PM MOVE-OUT Date: August 26, 20QJompletion Time: 11: 00- AM/PM SPONSORING ORGANIZATION OR GROUP: City of Chula Vista Office of Cultural Arts APPLICANT OR CONTACT (NAME): RIC TODD ADDRESS: 365 F STREET CHULA VISTA CA glglO City, State, Zip Code Daytime Phone: (619) 691-5169 FAX #: (619) 427-4246 Please list any professional event organizer, event service provider or volunteer organization hired by you and/or authorized to work on your behalf to produce this event. NAME: NA -- ADDRESS: NA City, State, Zi Code rho ,p'"""rll1~ (Jrga"wlIo" wrll he Ilelel ,e,p"",,hle I", !he aello!lS ,,1' pers'"lIlel aclIl1g 011 VOl" hehali' Thc SPH.'I1\L I:I-TNT I'IcRMIT p(()('I:IJIJRISINIJ (il!!IJIIIN!:S ,hOlriei heco",cvcel lo:ill ploks"olla! eVel1l "'ga"l!c!s. pe!sol1l1el or \!IllIll!""!S p",f"I"\llll~ Sc!VIC"S 1111 \!IlIr C\""l. Contact Person "on site" day of the event: RIC TODD Pager/Cellular #: 585-5627 N"IC 11m I'CIS"" 111",1 he '" 'illelll!a"" 1"llhc elm'iI"'" "I I Ill' evel1l ,lIlei "nll1edi'ilelv ,""lIl:ihlc 10 POri DiStrict mil' Internal Security (arrangements made if applicable to your event) .. T AX EXEMPT, NON-PROFIT ORGANIZA nONS: This section applies only to an organization that has been recognized as tax exempt by the Iuternal Revenue Service. ID~ 5 - - '----------"--- - NO YES " d( Is your organizatlOn a "Tax Exempt, nonprofit" organization? ¡rYES, you must attach to this application a copy of your IRS 50 I tax exemption letter providing proof and certifying your current tax exempt, nonprofit status. :l( [J Will entry, vendor Or participant fee be required for your event') If YES, please explain the purpose and provide amount(s): - 1.. CJ Are you a Port District tenant? If YES, what is the name of your business? Nole: ('0111 Ille'," ",! ",b "rc <101 perl1111lcd 1<1 Pori public ""tcrlmnl pili'\(, (Port )I<trici Code. S,,""on X.I)?. P"rk Arc", Regulated I EVENT CHECKLIST (CONTINUED) Please provide a DETAILED DESCRIPTION of your event: SEE ATTACHMENT "A" - - In addition to the event description above, please enclose a site map (diagram) indicating the lay-out and -- set-up plans for your event Please check olf and point out on the site map any of the following questions pertinent to your event set-up plans. 6 - . '-'--"'--""""----"""-"', -..,,-- - Tables (#)--------- Chairs (#)-------- C Portable fencing or barricades? (see page (3) the attached Special Event Guidelines) ¡iQ Generators? 1 0 Canopies? 0 Booths, exhibits or displays? IIJ Platforms, stages or related structures? 1 0 Vehicles or trailers? !tJ Trash containers and dumpsters: '(Number of trash cans: ~- ,( Dumpsters: 1 ¡.:; Portable toilets: ,( Number of portable toilets: -~ (One (¡) for every 250 people or portion of is required) 0 Alcoholic or Beer Garden Area: ,( Does this event involve the sale or use of alcoholic beverages? 0 YES DNO IIJ Banners, flags, signs, cold-air inflatable displays (Under certain conditions these items are prohibited.) 0 Request: DarkinQ lot closure? !tJ YES 0 NO if YES from (date): 8/26/01 to: O-R;~~~;~~;rkj~;~~;ces? ÌÍiYES C NO ¡rYES. how many spaces:~ from (date):....8L.2fi- to (date):~6 0 Request: Port District portable stage? J YES Ò(NO irYES from (date): to (date): ------------ 0 Parking: Off. site parking agreements attached Jt YES J NO ¡fNONE. how will parking be accommodated'? -__J_~Çð~J__~~Q_J_~~ç~P__~QI_~_~~Q~~-J[ßQ~__ltl~_J_~R~_--------------------------- --------------------------------------------------------------------------------- ------------------------ CA~CELLATION NOTICE REQUIRED: If this event is canceled, please notify the Public Relations office at (619) 686- 6225. Otherwise, Port District personnel may be needlessly dispatched and approval of your future pennit application may be jeopardized. 7 .. - -."--.----'. - Reference pel111it # THIS SPECIAL EVENT PERMIT APPLICATION FOR PORT DISTRICT TIDELAND USE IS ISSUED SUBLJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. Applicant shall comply with all applicable laws, rules, regulations and requirements of the Port District and other governmental entities, 2. All or any portion of the security deposit (if applicable), shall be available unconditionally to the Port District for the purpose of cleaning or repairing damages to the property upon tennination of this penmt. 3, This pennit may be canceled by either party by giving twenty-four (24) hours notice to the other party, In the event of an emergency, such cancellation shall be without liability of any nature, Applicant subject to cancellation fee of $500 if Applicant provides less than sixty days written notice to the District of cancellation of a scheduled event. 4. This pennit shall not be transferred or assigned, 5. Applicant shall defend, indemnify and hold hannless Port District, is officers and employees against all causes of action, for judicial relief of any kind, for damage to property of any kind whatsoever, and to whomever belonging, including Applicant, or injury to or death of any person or persons, including employees of Applicant, resulting directly or indirectly from activities in connection with the issuance an perfonnance of this pennit or arising from the use of the property, facilities or services of Port District, its officers or employees. 6, Applicant must provide certificate of insurance coverage naming the "San Diego Unified Port -, District" as an additional insured as defined in the attached Procedures & Guidelines, 7, The rights and privileges extended by this pennit are non-exclusive, 8, Applicant shall not engage in any activity on Port District property other than the activity for which this pennit is expressly issued, 9. In the event of failure of the Applicant to comply with any provision of this pennit, this pennit may, at the discretion of the Port District, be tenninated immediately, I certify that the infonnation contained in the special event application is true and correct to the best of my knowledge and understand and agree to abide by the rules and regulations governing the proposed Special Event der the San Diego Unifi d Port District Code. Title: CULTURAl ARTS COORDINATOR Date: 6/5/01 SAN DIEGO UNIFIED PORT DISTRICT Approval conditional upon Applicant fulfilling all requirements as listed: - 5 - ._._---- ---... Attachment "A" City of Chula Vista 2001 "SUMMER LEGACY" CONCERT The City of Chula Vista wishes to contract with the San Diego Chamber Orchestra, and to conduct the annual outdoor "SUMMER LEGACY" CONCERT (formerly known as "SUMMER POPS") at Marina View Park on Sunday, August 26, 2001. The San Diego Chamber Orchestra provided the music for this event last year, and has submitted an attractive proposal to provide a similar concert during the summer of 2001. The Chamber Orchestra provides and constructs an attractive portable stage, band shell, lights, and other required equipment to successfully produce and present the outdoor concert. The "SUMMER LEGACY" CONCERT has drawn estimated audiences of 8,000-10,000 annually for the past thirteen years, and the concert has become a traditional event for the City and the Port. The 75-90 minute concert attracts an audience from Chula Vista, other south bay cities, and a number of other areas around the county. The event is offered free of charge to the general public and free parking and free shuttle bus service are also offered. An attractive component of the Chula Vista concert is a brief fireworks finale that accompanies the final musical number. The "SUMMER LEGACY" CONCERT provides an excellent opportunity for county residents to experience an informal cultural event at no cost, and the evening concert, staged at the west end of Marina View Park, provides an excellent opportunity for families to enjoy bayfront amenities. The program proposed for the 2001 concert is a "Salute to George Gershwin". /0- - -_... -------------- ATTACHMENT B Reference permit # EVENT INFORMA nON CHECKLIST for PORT DISTRICT PUBLIC PARKS and PROPERTY Please complete eaclr item below, (attaclr additiollal writtell slreets as necessary) and retllr/l tire Event f1lformatioll Clrecklist, Attaclrmellt A and Permit Applicatioll, (pages 5 - 7), to the POI't of Sail Diego, EVENT TITLE: 2001 HARBOR DAYS AND TALL SHIP FESTIVAL TYPE OF EVENT: Tall Ship Tours; maritime displays; arts. craft and business booths. 200-vehicle Classic Car Show. EVENTDATE(S): Sept. 28 & 29. 2001 TOTAL ANTICIPATED ATTENDANCE: 4.O..,.1lQ.O-50, 000 Day and Date of Event <-Participants) <-Spectators) PARK LOCATION: Bayside Park south to Marina Parkway Pier (or where exactly on bay front property) ACTUAL Event Hours: 10:00 AM/PM 5:00 AM/PM SETUP Date: ~EjJ.1-'-~-L-~Ql_- Start Time: -_XQQ.._____AM/PM MOVE-OUT Date: ~~. 29, 200èompletion Time; 6:00 AM/PM H?~SORINGORGANIZATIONORGROUP: Port of San DieCo; City of Chula Vista; u a Vista Chamber of Commerce; Chula Vista Convention & Visitors Bureau APPLICANT OR CONTACT (NAME): JERI GULBRANSEN ADDRESS: 276 Fourth Avenue Chula Vista CA 91910 City, State, Zip Code Daytime Phone: (R~ 691-5296 FAX #: (ill 409-5884 Please list any professional event organizer, event service provider or volunteer organization hired by you andlor authorized to work on your behalf to produce this event. NAME: NA ADDRESS: NA City, State, Zip Code The 'pon"",n~ U'~¡lIm;¡"on will he held lespl"",bk 10" Ihe "'"HII" "I pe,sonnel "c<in~ on VOH' behalf The SPECI,\L IVI'NT !,1",Mll PROCI'.IJIIRI'S ,\Nl) (¡UIIJILlNI,S ,hollid he ,ollveved '0 "II pmks"oll,,1 evell'"r~"'1l/ers. pcIs"lInel 0' ,ollllllee" perll1I,,"ng >eni,", 111, mil' e"'nl Contact Person "on site" day of the event; Jeri Gulbransen PagerlCel1ular #: 691-5296 Nole I¡"s pe""" ""," be 111 ,,"e"d,,"ee I", Ih,' dll""'OIi 01 Ihe e'enl ¡1I1d illll1ledi'lIelv "v,"l"bk 10 POll Di"rlCt "a IT Internal Security (arrangements made if applicable to your event) Chula Vista Police Dept .. T AX EXEMPT. NON-PROFIT ORGANIZATIONS: This section applies only to an organization that has been recognized as tax exempt by the Internal Revenue Service. 5 - ., - ,-.... -...,.--------.----. - NO YES ~ Is your organizatIon a "Tax Exempt, nonprofit" organizatIon? If YES, you must attach to this application a copy of your IRS 50 I tax exemption letter providing proof and certifying your current tax exempt, nonprofit status. X: [ Will entry, vendor or participant fee be required for your event? If YES, please explain the purpose and provide amount(s): - Xi 0 Are you a Port District tenant? If YES, what is the name of your business? Note: (()l11 mere "t ! ",Ie, arc not pCrt11tlled '" Port public "ateri'ront park> [Port DIStrICt C"de. ';ecII"n X.D2.. Park Area, Regulated). EVENT CHECKLIST (CONTINUED) Please provide a DETAILED DESCRIPTION of your event: SEE ATTACHMENT uA" .- - - ... In addition to the event description above, please enclose a site map (diagram) indicating the lay-out and - set-up plans for your event Please cbeck air and point out on the site map any of the following questions pertinent to your event set-up plans. 6 - -----"--"--'---"'-~-""-"- ..------ Q Tables (#)--------- Chairs (#)------ [J Portable fencing or barricades? (see page (3) the attached Special Event Guidelines) 0 Generators? 0 Canopies? 0 Booths, exhibits or displays? 0 Platforms, stages or related structures? 0 Vehicles or trailers? 0 Trash containers and dumpsters: '(Number of trash cans: -- ,( Dumpsters: = Portable toilets: ,( Number of portable toilets: - (One (I) for every 250 people or portion of is required) 0 Alcoholic or Beer Garden Area: ,( Does this event involve the sale or use of alcoholic beverages? 0 YES IìÎNO 0 Banners, flags, signs, cold-air inflatable displays (Under certain conditions these items are prohibited.) !iQ Request: DarkinQ lot closure? ~ YES 0 NO if YES from (date): Sept 27. 200ib: ------------------ DYES 0 NO ,fYES. how many spaces:_- from (date):....J.ilL to J'? Request: DarkinQ sDaces? (date):~9/01 [] Request: Port District portable stage? eYES 0 NO if YES from (date):__- to (date): ------------ 0 Parking: Off-site parking agreements attached eYES D NO ,f NONE, how will parking be "ccommodatcd? ---------------------------------------------------------------------------------- -------------------------------------------------------------------------------- ------------------------ CANCELLATION NOTICE REQUIRED: If this event is canceled, please notify the Public Relations office at (619) 686- 6225. Otherwise, Port District personnel may be needlessly dispatched and approval of your future pennit application may be jeopardized. 7 -.. _. .-. ---.--.-.--.-- - Reference penmt # THIS SPECIAL EVENT PERMIT APPLICATION FOR PORT DISTRICT TIDELAND USE IS ISSUED SUBLJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. Applicant shall comply with all applicable laws, rules, regulations and requirements of the Port District and other governmental entities. 2. All or any portion of the security deposit (if applicable), shall be available unconditionally to the Port District for the purpose of cleaning or repairing damages to the property upon termination of this penmt. 3. This permit may be canceled by either party by giving twenty-four (24) hours notice to the other party. In the event of an emergency, such cancellation shall be without liability of any nature. Applicant subject to cancellation fee of $500 if Applicant provides less than sixty days written notice to the District of cancellation of a scheduled event. 4. This permit shall not be transferred or assigned. 5. Applicant shall defend, indemnify and hold hannless Port District, is officers and employees against all causes of action, for judicial relief of any kind, for damage to property of any kind whatsoever, and to whomever belonging, including Applicant, or injury to or death of any person or persons, including employees of Applicant, resulting directly or indirectly from activities in connection with the issuance an performance of this permit or arising from the use of the property, facilities or services of Port District, its officers or employees. 6. Applicant must provide certificate of insurance coverage naming the "San Diego Unified Port District" as an additional insured as defined in the attached Procedures & Guidelines. 7. The rights and privileges extended by this permit are non-exclusive. 8. Applicant shall not engage in any activity on Port District property other than the activity for which this permit is expressly issued. 9. In the event of failure of the Applicant to comply with any provision of this pennit, this permit may, at the discretion of the Port District, be terminated immediately. I certify that the information contained in the special event application is true and correct to the best of my knowledge and understand and agree to abide by the rules and regulations governing the proposed Special Event under the San Diego Unified Port District Code. Name of Applicant (PRINT) Jeri Gulbransen Title: Pub 1 i c Inform~tion Offices ~o..~~. 1/(ff1t.~'H~' ') Date: 6/5/01 Signature of Apphcan . SAN DIEGO UNIFIED PORT DISTRICT Approval conditional upon Applicant fulfilling all requirements as listed: - 5 - .-...---. Attachment "An City of Chula Vista HARBOR DAYS AND TALL SHIP FESTIVAL The City of Chula Vista shall produce the Fifteenth Annual Chula Vista Harbor Days and Tall Ship Festival on September 28 and 29, 2001, on the tidelands stretching from the California Yacht Marina and Chula Vista Marina/RV Park through Bayside Park. The City will provide overall administration and coordination of the event. The event shall include two full days of activities including free tall ship tours; maritime displays; arts, craft and business booths; a 200-vehicle Classic Car Show; musical entertainment stages; strolling entertainment and children's activities. -. ---.-. -- ATTACHMENT C Reference permit # EVENT INFORMATION CHECKLIST for PORT DISTRICT PUBLIC PARKS and PROPERTY Please complete each item below, (attach additiollal writtell sheets as lIecessary) alld retllm the Evellt lllformatioll Checklist, Attachmellt A ami Permit Applicatioll, (pages 5 - 7), to the Port of Sail Diego. EVENT 1TILE: TASTE OF THE ARTS 2002 TYPE OF EVENT: ART FESTIVAL EVENTDATE(S): Apri 1 6, 2002 TOTAL ANTICIPATED ATTENDANCE: 6,600 Day and Date of Event ~Partlcipants) ~Spectators) PARK LOCATION: MARINA VIEW PARK (or where exactly on bay front property) ACTUAL Event Hours: 7:00 AM/PM 7:00 AM/PM SETUP Dàte: ~p.!:..iL~!-~.9SJ1-- Start Time: _!t.QL_______AM/PM MOVE-OUT Date: Apri 1~02 Completion Time: 8:00 AM/PM SPONSORING ORGANIZATION OR GROUP: City of Chula Vista Office of Cultural Arts APPLICANT OR CONT ACT (NAME): RIG TODD ADDRESS: 365 F STREET CHULA VISTA CA 91910 City, State, Zip Code Daytime Phone: (619) 585-5627 FAX# r§19) 427-4246 Please list any professional event organizer, event service provider or volunteer organization hired by you andlor authorized to work on your behalf to produce this event. NAME: NA ADDRESS: NA City. State. Zip Code The 'pllllsonl1g (Jlg"l1llill"'" wrlllw held re,pol1,¡bk ""'lhe "ellll'" IIrperSIIl1l1cl "elmg 0" ,"m beh"lr The SPECtill EVENT I'I':RHIT I'ROU,)¡,RIS IN) (:UI)UINIS sl","ld 100 ellilvovod III :tll¡mtbsl<'n,d o\onl Dlg'lni/,èls. pèlSllnncll1l "IIllI"leel,perl"'I11I"~Se""'osl""'tlll"',"'1 Contact Person "on site" day of the event: Ric Todd Pager/Celiular #: 585-5627 Nlllè fIt" pers,"lI I11l1SI he ,It "'Iend,,"ee "," ¡he dlll"I""" "llh,' elel11 /lI,d Ilttl11èl1ì:llolv "nrl"bk III ('ort DIS"'"! ""IT Internal Security (arrangements made if applicable to your event) CHULA VISTA POLICE DEPT. .. TAX EXEMPT, NON-PROFIT ORGANIZATIONS: This section applies only to an organization that has been recognized as tax exempt by the Internal Revenue Service. 5 - --.-.....-.----. --..-..,---..' - NO YES [ )? Is your orgamzation a "Tax Exempt, nonprofit" organization? If YES, you must attach to this application a copy of your IRS 50 I tax exemption letter providing proof and certifying your current tax exempt, nonprofit status. TAX 1D# 95-6000-690 c )i; Will entÑ' vendor or ÿarticiltnt fee be required for your event? If YES, please explain the purpose and provide amount(s): 0 ENTR FE. VENDORS' Foocl $1?1ï 00 Artist $100 To cover cost of booth rentals XJ 0 Are you a Port District tenant? If YES, what is the name of your business? Note: Commerc'al ,;dcs arc 1\(\1 pernll!'rcd 111 Pol!' publiC "alerlrolll parks (I'llI!' IJ,strtct Coelc. Sectio" X.1J2 - Pork Areos Regulated). EVENT CHECKLIST (CONTINUED) Please provide a DETAILED DESCRIPTION of your event: SEE ATTACHMENT "A" _. ... In addItion to the event description above, please enclose a site map (diagram) indIcating the lay-out and - set-up plans for your event Please check off and point out on the site map any of the following questions pertinent to your event set-up plans. 6 - --"""'-""'--------'- --... J Tables (#) Chairs (#L---------- -; Portable fencing or barricades? (see page (3) the attached Special Event Guidelines) )II Generators? 3 !Xi Canopies? 3 [ Booths, exhibits or displays? ¡.j Platforms, stages or related structures? 3 ì() Vehicles or trailers? Showmob il e )!J Trash containers and dumpsters: '(Number of trash cans: ~- '(Dumpsters: --.1-- X Portable toilets: ,( Number of portable toilets: -1L (One (I) for every 250 people or portion of is required) 0 Alcoholic or Beer Garden Area: ,( Does this event involve the sale or use of alcoholic beverages? 0 YES ~NO 0 Banners, flags, signs, cold-air inflatable displays (Under certain conditions these items are prohibited.) 0 Request: narkin!! lot closure? 'X YES 0 NO ¡f YES from (date): ---_to: ------------------ 1§YES C NO if YES. how many spaces:_- from (date):___- to 0 Request: oarkin!! snaces? (date):- 0 Request: Port District portable stage? Ò(YES CJ NO ¡rYES from (date):__- to (date): ------------ C Parking: Off-site parking agreements attached )(¡ YES 0 NO ¡fNONE. how will parking be accommodated'.' ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- ------------------------ CANCELLATION NOTICE REQUIRED: If this event is canceled, please notify the Public Relations office at (619) 686. 6225. Otherwise, Port District personnel may be needlessly dispatched and approval of your future permit application may be jeopardized. ../ 7 / - .-- - ----------_. .......'... - Reference pennit # THIS SPECIAL EVENT PERMIT APPLICATION FOR PORT DISTRICT TIDELAND USE IS ISSUED SUBLJECT TO THE FOLLOWING TERMS AND CONDITIONS: I. Applicant shall comply with all applicable laws, rules, regulations and requirements of the Port District and other governmental entities. 2. All or any portion of the security deposit (if applicable), shall be available unconditionally to the Port District for the purpose of cleaning or repairing damages to the property upon termination of this permit. 3. This permit may be canceled by either party by giving twenty-four (24) hours notice to the other party. In the event of an emergency, such cancellation shall be without liability of any nature. Applicant subject to cancellation fee of $500 if Applicant provides less than sixty days written notice to the District of cancellation of a scheduled event. 4. This permit shall not be transferred or assigned. 5. Applicant shall defend, indemnify and hold hannless Port District, is officers and employees against all causes of action, for judicial relief of any kind, for damage to property of any kind whatsoever, and to whomever belonging, including Applicant, or injury to or death of any person or persons, including employees of Applicant, resulting directly or indirectly from activities in connection with the issuance an performance of this pennit or arising from the use of the property, facilities or services of Port District, its officers or employees. 6. Applicant must provide certificate of insurance coverage naming the "San Diego Unified Port _. District" as an additional insured as defined in the attached Procedures & Guidelines. 7. The rights and privileges extended by this pennit are non-exclusive. 8. Applicant shall not engage in any activity on Port District property other than the activity for which this pernÜt is expressly issued. 9. In the event of failure of the Applicant to comply with any provision of this penTIit, this pennit may, at the discretion of the Port District, be tenninated immediately. I certify that the information contained in the special event application is true and correct to the best of my knowledge and understand and agree to abide by the rules and regulations governing the proposed Special Event un the San Diego Unified Port District Cod. Name 0 Title: rill TIIRAI ART" COORDINATOR Date: 6/5/01 SAN DIEGO UNIFIED PORT DISTRICT Approval conditional upon Applicant fulfilling all requirements as listed: - 5 _. --'---'-""-"'-""-'" .--.........-- Attachment "A" City of Chula Vista TASTE OF THE ARTS 2002 The City of Chula Vista will conduct a one-day, community-based festival, TASTE OF THE ARTS 2002, ON April 6, 2002, at Marina View Park and the adjacent Public Pier. Based on the overwhelming success of Chula Vista EXPO '97, EXPO '98, TASTE OF THE ARTS '99, TASTE OF THE ARTS '00, all of which were co-sponsored by the City and the Port District, the City anticipates producing a similar but enhanced event in 2002 that will focus on additional community involvement and support, while attracting greater numbers of spectators and participants. (The 1999 and 2000 events attracted estimated crowds of 8,000 and 10,000 respectively,) All past events featured community display booth and exhibits, food and beverage services, specialized children's art and activity areas, performances by a wide variety of locally and regionally recognized musical and performing arts groups. The 2002 event will focus on additional participation by local non-profit service groups and organizations, and will further enhance several components including the Performing and Visual Arts. City Departments including Police, Fire, Transit, Public Works, Community Development, Planning & Building, Human Resources, Parks & Recreation and Libraries will continue to expand information displays. The 2002 event will also capitalize on increased involvement by local schools including Sweetwater Union High School District, the Chula Vista City School District, and Southwestern College. The 2002 event will again be planned and coordinated with the guidance, suggestions, and support of a community planning committee that includes representation from business, service agencies, schools, churches and other organizations in order to attract local participation and meet community needs. It should be noted that the event is not designed to feature commercial sales and/or re-sale vendors, and very few permits will be issued to retail vendors. There is no admission fee for the event, and all activities are provided free of charge to the public. Public parking is available near the site, and free shuttle bus service is provided from local trolley stations. Publicity efforts will be expanded for the 2002 event to attract new participants and increase attendance at the event. -- ---~. --~_.._-- ------ ATTACHMENT 0 Reference pemit # EVENT INFORMATION CHECKLIST for PORT DISTRICT PUBLIC PARKS and PROPERTY Please complete each item below, (attach additiollalwrittell sheets as necessary) and returll the Event Illformatioll Checklist, Attachmellt A alld Permit Applicatioll, (pages 5 - 7), to tlte Port of Sail Diego. EVENT TITLE: MAKE *A* CIRCUS TYPE OF EVENT: EDUCATIONAL WORKSHOPS AND PERFORMANCE EVENTDATE(S): July 17, 2001 TOTAL ANTICIPATED ATTENDANCE: 5.llildiO0 Day and Date of Event L---Participants) L---Spectators) PARK LOCATION: MARINA VIEW PARK 12:00 (or where exactly on hay front property) ACTUAL Event Hours: AM/PM 4:30 AM/PM SETUP Date: _JJ.lZl01_____- Start Time: --~;...QQ______AM/PM MOVE-OUT Date: -.lJl7/01 -- Completion Time: 5:30 AM/PM SPONSORING ORGANIZATION OR GROUP: City of Chula Vista Office of Cultural Arts APPLICANT OR CONT ACT (NAME): RIC TODD ADDRESS: 365 F STREET CHULA VISTA CA 91910 City, State, Zip Code Daytime Phone: (~ 585-5627 FAX #: (619) 427-4246 Please list any professional event organizer, event service provider or volunteer organization hired by you and/or authorized to work on your behalf to produce this event. NAME: MAKE *A* CIRCUS AD9~S FREDERICK STREET SAN FRANCISCO CA 94117 City, State, Zip Code rhe 'lU"""'l"~ ()r~""l!:1liu" will he held Ic'I1""Slhk 101 Ihe tIClIu", 1)1 peL""1I1el "ell"~ u" VUIiI heh,,11 The SPECI'IL. EV[':NT PERMIT I' ROt T [Jill{ IS ,IN IJ (;¡ I IJI.l,1 N ES ,'["'lIld he "'Hlvcvcd I" "II p",le"""",1 eVel11 OI~""I/erv, pcr""'l1el 01 \()jullle'l'rv Pl'llÙrIlIIllg "ellll'" fol "11111 è'l'lll Contact Person "on site" day of the event: RIC TODD Pager/Cellular #: 585-5627 N,,'e II", per"'" """, he III CllIe"d"l1ce 1,,1' IIIC dill,,""" "llh,' e,,'lri 1111.1 11l1l1lcdllllely "VI"I"hk III Port P"tnrl ",,11 Internal Security (arrangements made if applicable to your event) .. TAX EXEMPT, NON-PROFIT ORGANIZATIONS: This section applies only to an organization that has been recognized as tax exempt by the Internal Revenue ServIce, 5 -- ---'-----'--'-"-- -" NO YES ~ X:J Is your organization a "Tax Exempt, nonprofit" organization? If YES, you must attach to this application a copy of your IRS 501 tax exemption letter providing proof and certifying your current tax exempt, nonprofit status" ò( [J Will entry, vendor or participant fee be required for your event? If YES, please explain the purpose and provide amount(s): ex J Are you a Port District tenant? If YES, what is the name of your business? Notc: ("'>!l1lllct'clal ,aics alc 11<1\ pcrlll1llcd ill POri pllblIC" ,,"ate r !"'" 11 I parks I Pori DIStrict Code. Sce\1ol1 X.1I2 - Park Arc", Rcgllialcdi EVENT CHECKLIST (CONTINUED) Please provide a DETAILED DESCRIPTION of your event: SEE ATTACHMENT "A" _. -- In addition to the event description above, please enclose a site map (diagram) indicating the lay-out and -, set-up plans for your event Please check olf and poInt out on the site map any of the following questions pertinent to your event set-up plans. 6 - .._._~_..._._--_.__.._.._--- [' Tables (#)------------- Chairs (#L------------ [' Portable fencing or barricades? (see page (3) the attached Special Event Guidelines) ~ Generators? 1 [J Canopies? 0 Booths, exhibits or displays? ~ Platforms, stages or related structures? 0 Vehicles or trailers? ~ Trash containers and dumpsters: ./Number of trash cans: ~- ./ Dumpsters: ---- [' Portable toilets: ./Number of portable toilets: - (One (I) for every 250 people or portion of is required) D Alcoholic or Beer Garden Area: ./ Does this event involve the sale or use of alcoholic beverages? D YES DNO D Banners, flags, signs, cold-air inflatable displays (Under certain conditions these items are prohibited.) ~ Request: oarkin2 lot closure? ~ YES 0 NO if YES from (date): 7/17/01 to: ------------------ IC Request: oarkin2 soaces? ~YES [' NO if YES. how many spaces:_- from (date):----LL1I to (date):- D Request: Port District portable stage? 0 YES)tJ NO if YES from (date):___- to (date): ----------- )(] Parking: Off-site parking agreements attac hed Q(YES C NO if NONE. how will parking be accommodated',' ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- ------------------------ CANCELLATION NOTICE REQUIRED: ¡fthis event is canceled, please notify the Public RelatIOns office at (619) 686- 6225. Otherwise, Port District personnel may be needlessly dispatched and approval of your future permit application may be jeopardized. / 7 / -- -- -----~----_._---- ---- . ~ Reference permit # THIS SPECIAL EVENT PERMIT APPLICATION FOR PORT DISTRICT TIDELAND USE IS ISSUED SUBLJECT TO THE FOLLOWING TERMS AND CONDITIONS: I. Applicant shall comply with an applicable laws, rules, regulations and requirements of the Port District and other governmental entities. 2. All or any portion of the security deposit (if applicable), shall be available unconditionally to the Port District for the purpose of cleaning or repairing damages to the property upon termination of this perm!t. 3. This permit may be canceled by either party by giving twenty-four (24) hours notice to the other party. In the event of an emergency, such cancellation shall be without liability of any nature. Applicant subject to cancelIation fee of $500 if Applicant provides less than sixty days written notice to the District of cancellation of a scheduled event. 4. This permit shalI not be transferred or assigned. 5. Applicant shall defend, indemnify and hold harmless Port District, is officers and employees against an causes of action, for judicial relief of any kind, for damage to property of any kind whatsoever, and to whomever belonging, including Applicant, or injury to or death of any person or persons, including employees of Applicant, resulting directly or indirectly from activities in connection with the issuance an performance of this permit or arising from the use of the property, facilities or services of Port District, its officers or employees. 6. Applicant must provide certificate of insurance coverage naming the "San Diego Unified Port _. District" as an additional insured as defined in the attached Procedures & Guidelines. 7. The rights and privileges extended by this permit are non-exclusive. 8. Applicant shalI not engage in any activity on Port District property other than the activity for which this permit is expressly issued. 9. In the event of failure of the Applicant to comply with any provision of this permit, this permit may, at the discretion of the Port District, be terminated immediately. I certify that the information contained in the special event application is true and correct to the best of my knowledge and understand and agree to abide by the rules and regulations governing the proposed Special Event u der the San Diego Unified Port District Cod. Title: CUL TURAL ARTS COORDINATOR Date: 6/5/01 PORT DISTRICT Approval conditional upon Applicant fulfilling all requirements as listed: - 5 - - ----- .,,-------..--.--- . . . CIRCUS DAYS PRODUCTION AGREEMENT ~ Contract #01-31 Make A Circus This Contract is made on May 17, 2001 by and between Make*A*Circus, Inc., a non-profit corporation (hereinafter M*A*C) and City of Chula Vista (hereinafter PRESENTER). M*A*C agrees to engage the following performer(s) and/or service(s), subject to the terms and conditions set forth in this agreement. PERFORMER/S)/SERVICE/S)/EQUIPMENT: M*A*C band, M*A*C performers, M*A*C technicians, set-up and strike M*A*C's one ring performance area, including bleachers, and M*NC's backstage area. TO PERFORM: The Professional Summer Circus Days Show; CIRCUS WORKSHOPS in stilt-walking, clowning, acrobatics, juggling, pyramids, and a special one for children under 5 years old; and the COMMUNITY SHOW, (time conditional on number of participants). The entire event runs approximately 2-1/4 hours. DATE/S): July 17, 2001 SHOW TIME/S): 1 :00 p.m. LOCATION OF EVENT: TBA PAYMENT OF SERVICES: PRESENTER understands that the full cost of services for a M*A*C Summer Circus Days Show(s) is $6000. Presenter further understands that the full cost of services ($6000) for a M*A*C Summer Circus Days Show is being underwritten by a generous grant from Vodaphone and that the balance ($0) is due from Presenter 14 days prior to the date of the scheduled performance (July 17, 2001). Payment must be received at the M*A*C offices. Days shall be counted by including all weekends and holidays. Any act required by this Agreement to be performed by a certain day shall be timely performed if completed before 5:00 p.m. local time on that date TERMS OF LATE PAYMENT: If the balance of payment is not made at the specified time, the PRESENTER will be charged a late payment fee of 5% of the balance due to be accrued weekly, plus any necessary attorney's fee. The aforementioned deposit of 50% of the entire fee is non-refundable. ANTICIPATORY BREACH: A. Act of God: In the event that, after the execution of this agreement, PRESENTER or M*A*C indicates or states that the performance cannot occur as a result of any civic disturbance, riot, demonstration, strike, or any other labor dispute, or for other disruptive conditions existing at or involving the site of the scheduled performance, or because of inclement weather or any force majeure, or any cause beyond the control of the PRESENTER or M*A*C, neither PRESENTER nor M*A*C shall be liable for existing damages. 755 Frederick Street San Francisco, CA 94117 415242 1414Tel 4152420579 Fax clowns@makeaclrcus.org http://www.makeacircus.org -...-.. ....-- In the event that PRESENTER has reasonable knowledge of any events or circumstances which would prohibit or - impede the PRESENTER from fulfilling their obligation under contract; the PRESENTER is required to notify M*A*C in a reasonable length of time prior to such event or circumstances. This notification does not preclude PRESENTER from their obligation set forth under "Cancellation" procedures contained herein. In the event that PRESENTER has occasion to forewarn M*A*C of the anticipation of above stated conditions prior to M*A*C leaving home-base or upon M*A*C arrival, M*A*C will offer the following options: 1. M*A*C will perform the entire show (if indoor site permits) or portions thereof in an alternative indoor site within a five mile radius of the original performance site on date agreed upon. An alternative indoor site must meet certain technical requirements to be approved by M*A*C's Tour Manager and be provided by the PRESENTER; or 2. M*A *C will offer an alternative performance date to occur within a 12 month period of original performance date. B. Inclement Weather: In case of inclement weather conditions, an agreement between PRESENTER and M*A"C regarding the show status (change of venue or cancellation) must be made prior to M*A*C unloadinq the truck. If PRESENTER fails to appear at the designated time of arrival, M*A*C reserves the right to make the decision regarding the status of the show at its sole discretion. If PRESENTER, with M*A*C's consent, decides to proceed with an outdoor performance in uncertain weather, M*A"C's Stage Manager or Tour Manager has the right to terminate the performance schedule at any time if M*A*C's Stage Manager or Tour Manager determines that the weather is unsafe for M*A*C's equipment, personnel, and/or audience. If M*A*C's Stage Manager or Tour Manager needs to stop the performance schedule and there is an indoor space available to move into and such indoor space is deemed appropriate by M*A*C's Stage Manager or Tour Manager, depending on the time the performance day was interrupted, the continuing - schedule of events would be as follows: 1. PERFORMANCE NOT YET INITIATED: If M*A*C has just begun or has finished unloading the M*A*C truck, and weather does not permit the continuance of an outdoor show, M*A*C will secure their equipment, then move indoors to continue with Circus Workshops and Community Show. 2 PERFORMANCE INITIATED, BUT NOT MORE THAN 30 MINUTES: If M*A*C is within the first half hour of the Company Show and the weather does not permit the continuance of an outdoor show, M.A*C will secure their equipment then move indoors to continue with Circus Workshops and Community Show. 3 PERFORMANCE INITIATED, AND ON FOR MORE THAN 30 MINUTES: If M* A *C is within the second half hour of the Company Show and weather does not permit the continuance of an outdoor show, M*A*C will secure their equipment, and then move indoors to continue with the Circus Workshops. 4. If at any time during the Circus Workshops the weather does not permit the continuance of an outdoor show, M*A*C will secure their equipment, and then move indoors to continue with Circus Workshops. 5. If at any time during the Community Show the weather does not permit the continuance of an outdoor show, M*A*C will secure their equipment and discontinue the performance schedule. _. - 2 of 5 - - - -----_._--- ......-..---- COMMISSION OR OMISSION: 1. PRESENTER Commission or Omission: In the event that M*A*C is prevented from performing, or if in the judgment of M*A*C, performance is rendered unfeasible by, or as a result of, any act of omission by PRESENTER, or any affirmative act by PRESENTER, and such failure or act is not excusable under the paragraph hereinabove, PRESENTER will be responsible for payment of all costs, expenses and damages (including M*A*C's actual expenses incurred in preparation for the performance) and any claims arising from such cancellation, not to exceed the full cost of services provided by this contract. 2. M*A*C Commission or Omission: In the event that M*A*C is prevented from performing or performance is rendered unfeasible by, or as a result of any act of omission by M*A*C, or any affirmative act by M*A*C, and such failure or act is not excusable under the paragraph hereinabove, PRESENTER will not be responsible for any payment to M.A*C and M*A*C shall reimburse PRESENTER for all out-of-pocket expenses incurred as a result of such breach. Said expenses shall be set forth in written form and submitted to M.A*C. Said expenses shall be paid within thirty (30) days after M*A*C is in receipt of said written notice unless otherwise agreed upon by PRESENTER. CANCELLATION: In the event that PRESENTER cancels the performance for any reason other than due to an Act of God or regarded by M*A*C as a Commission or Omission of PRESENTER, PRESENTER will be liable for payment to M*A*C under the following conditions: 1. Less than 90 days before the date of service, the PRESENTER will be legally responsible for 100% of the total contracted fee. INSURANCE: PRESENTER is responsible for insuring all its officers, employees, agents and persons attending the event. Presenter must provide M*A*C with proof of General Commercial Liability Coverage at least 30 days prior to the performance date at the following minimum levels: General Liability: $1,000,000 per occurrence $2,000,000 aggregate Carrier should be .Best's B+ admitted. Failure to provide such proof will result in PRESENTER being named as additionally insured on the M*A*C policy. The fee for this service is $100.00, which must be remitted with the "Presenter's Request to be Listed as Additionally Insured" (see Appendix A) to the M*A*C Business Manager no later than 15 days prior to the performance date. PRESENTER is obligated to contact their own insurer to determine the adequacy of their coverage. M.A*C is not responsible for any loss or injury as a result of PRESENTER's failure to secure proper Insurance coverage. M*A*C agrees to carry their own insurance against any personal injury arising from the above engagement, and to free the PRESENTER and its officers from liability in the event of damage to property or injuries to performers or other M*A*C personnel. Make*A*Circus, Inc., its officers, employees and agents shall not be responsible for any injury or damages incurred as a result of the negligence of the PRESENTER or any injury incurred by the audience members or persons attending this event, except in the case of an injury resulting from any failure of our equipment or to the extent that any such claim may be occasioned by the negligent act of M*A*C and/or their agents. - 3 of 5 - - ....._-_...~.,.~..__. _--_0."""""-"'" TECHNICAL SUPPORT: - PRESENTER agrees to provide the technical support detailed in the Technical Rider (See Appendix B). Compliance with the technical requirements constitutes a major part of this agreement. Failure to comply may be construed as PRESENTER omission (see Page 3.), and may jeopardize our ability to perform. Note: A separate PRESENTER signature is requested on the Technical Rider Attachment. PUBLICITY: 1 PRESENTER agrees to effectively distribute and post M*A*C Summer Circus Days Show posters at least two weeks before the day of the event. Posters will be sent to PRESENTER by M*A*C. 2. PRESENTER is prohibited from using any images or photos to promote M*A*C other than those approved in advance and/or supplied by M*A*C. 3. PRESENTER must state M*A*C start time separately from other scheduled performances, (i.e.. penny carnival, puppet show), if applicable, on all printed materials/ publicity. 4. PRESENTER agrees to give all sponsors of the show credit for supporting the Make*A*Circus Summer Circus Days Show, including but not limited to press releases, public service announcements and all publicity materials. 5. PRESENTER will provide M*A*C Tour Manager with copies of said publicity at the performance on the show date. REPRODUCTION OF PERFORMANCE: PRESENTER agrees to prevent, to the best of their ability, the photographing, filming, broadcasting, recording or - reproduction by radio, television, or any other device, of the performance defined herein or any portion thereof, without prior written consent of M*A*C. This expressly excludes family pictures and home videos. ADMISSION/FUNDRAISING: PRESENTER may not charge admission to audience members to view M.NC, or solicit donations at the gate, without prior written consent (including approval of ticket price). CONCESSIONS: M*A*C reserves the right to sell it's own T-shirts, sweatshirts, coloring books, hats and other such products at the performance site. ADDITIONAL TERMS OF AGREEMENT: 1. PRESENTER shall provide a minimum of one (1) staff member on-site at all times on the date of performance. The staff member shall be present from the time of M* A *C arrival on-site to the time of M*A*C departure. 2. It is also agreed that any controversy or claim arising out of or under this agreement or relating to the breach thereof shall be submitted to the rules of one (1) arbitrator in San Francisco, California, according to the rules of the American Arbitration Association and judgment rendered may be entered in any court having jurisdiction thereof. 3. It will be assumed that the below signatory has the authority to act on behalf of said company(s) interest in acquiring the above aforementioned performer(s) and/or service(s) and thus will be liable for - any and all fees and expenses associated with this agreement. Any amendment of this agreement must be in writing and signed by both parties. Either party reserves the right to terminate this contract if the - 4 of 5 - - '--"'---" ---..-----.. ........-...-.----- other party is not adequately fulfilling the terms of this agreement. This agreement is entered into by both parties in good faith and constitutes the entire understanding between the parties. 4. Any modifications and/or amendments to this contract must be made in writing and agreed upon no later than a minimum of 30 days prior tot he date of scheduled performance. THIS CONTRACT MAY BECOME NULL AND VOID IF THE PRESENTER FAILS TO RETURN ONE COpy WITH ORIGINAL SIGNATURES WITHIN 14 DAYS OF DATE ISSUED, AND/OR IF DEPOSIT IS NOT RECEIVED WITHIN 45 DAYS OF DATE ISSUED. Agreed to and Accepted By: PRESENTER City of Chula Vista Ric Todd 365 F Street Chula Vista, CA 91910 ~rl~1 (619) 585-5627 Date ' / I Date - 5 of 5 - - «-"-"- --,.._--,--_._.. ..-.------ Appendix B MAKE*A*CIRCUS CIRCUS DAYS TECHNICAL RIDER PRESENTER will provide the following: I. OUTDOOR PERFORMING SITE REQUIREMENTS. A. Area shall have dimensions measuring at least 100' x 100'. B. Site shall be accessible by and accommodate the M*A*C truck (12'7" high, 30' long, 9' wide, and not to exceed 24,500 Ibs.) which will be parked on the grass upon arrival for set-up until strike is completed, as part of the set. ~~'.-.'" . C. Ground shall be level, grassy and free of any obstructions (i.e., trees, poles or other easements, and free of any debris or other nuisances, e.g. rocks, ants, bottles, trash, bees, etc.) prior to M*A*C arrival. If ground is dry, hard, and/or dusty, PRESENTER should provide artificial grass, tarps, blankets, or rug remnants for additional seating in front of the bleachers. D. Site must be approved by park or orounds supervisor for the drivino of metal stakes to support circus riooino. This supervisor should meet with Circus Stage Manager immediately prior to circus set-up and communicate the location of any underground water, gas or electrical lines. M*A*C will be driving between eight to twelve metal stakes into the site that are about three and one half feet long. E There must be absolutely NO WATERING at performances site 24 hours prior to the show date. This includes automatic sprinkler systems. Failure to adhere to this clause may result in aerial rigging failure and could be construed as an omission of PRESENTER. F If the performance site is not grass PRESENTER must notify M*A*C of such condition prior to contracting with M*A*C, and provide an approved seating surface for audience. G. One 20 amp electrical circuit, grounded Edison, for M*A*C's EXCLUSIVE use must be within 100' of circus site. If electricity is farther than 100', PRESENTER must provide at their sole cost adequate extension cord or a generator and its fuel. M*A*C must be notified prior to contracting with the PRESENTER if a generator will be necessary. H. PRESENTER will obtain a Sound Permit, if necessary, and send a copy of said permit at least 10 days prior to performance to the M*A*C office. I. PRESENTER must supply easy access to safe, clean and supplied bathrooms or provide clean and supplied port-a-potties. J. PRESENTER shall ensure the availability of an adequate amount of clean and working water fountains nearby or have an adequate supply of drinking water/refreshments for the M*A *C audience. K. Reserved parking spaces for six (6) M*A*C vehicles within 100' of performing site. If parking permits are necessary, PRESENTER will obtain six (6) permits and mail them via first class mail to the M*A.C office for receipt at least 10 days prior to show date by M*A*C Tour Manager or Stage Manager. - - . _--0' ..-....---..-... -.-.....-....- -._-- Appendix B L. In the event of an evening show (ANY SHOW STARTING AFTER 3:30 PM), - PRESENTER must provide efficient lighting from arrival through departure time. The source of lighting must be approved prior to show date by M*A*C Tour Manager or Tour Manager. ADDITIONAL TECHNICAL SUPPORT: 1. PRESENTER will provide M*A*C with an official, current, detailed city map and a site map (which can be hand drawn). These two maps are to be submitted with the siqned contracts. The City map must indicate the most convenient route to the site and note any road closing ortheir changes. Please use a light blue high-lighter so copies can be made. Please make note of inaccessible truck routes. (M*A*C truck is 12'7" hiqh, 30' lonq, 9' wide, and not to exceed 24,500 Ibs.) The site map must indicate where the truck will enter the grounds and the location of electricity, bathrooms, water fountains and penny carnival booths (if applicable), and parking for additional M*A*C vehicles. 2. A representative of the PRESENTER must meet M*A*C at the site at the arrival time indicated on Page 1. of this agreement. The representative is responsible for opening bathrooms, bringing ice and water mentioned in 4. below, providing access to entrance gates and power source, and have knowledge of layout of sprinkler system, gas and power lines. Special set-up considerations may effect arrival time. 3. M*A*C shall be the on Iv amplified activity in its vicinity during the Company Show and Community Show. Please note M*A*C will also be amplified for sound check and during scheduled warm-ups. M*A*C's daily schedule is available upon request. If - there will be other performances in addition to M*A*C, Presenter will send M*A*C a time-table of performances. 4. No other performers hired or engaged by PRESENTER for the event may perform in the M*A*C performing area, workshop areas and audience seating during the M*A*C performing day, except by special arrangement, to be secured in writing at least two weeks in advance. 5. PRESENTER will provide 40 Ibs. of cubed ice and 10 gallons of bottled water, fresh fruit, and juices for company use to be delivered on-site upon the arrival of M*A*C. 6. PRESENTER will provide 4-5 large garbage cans, lined with heavy-duty plastic bags and set them up 6 ft. from back of bleachers spaced at ends and aisles of bleachers, no later than 2 hours prior to show time. 7. PRESENTER must provide a clean-up crew. Clean-up around circus area must begin after M*A*C loads the bleachers and conclude by the time M*A*C departs. 8. In the case of consecutive bookings, PRESENTER will provide over-night security. Security is to begin 2-1/2 hours after the first stated Company show time and continue until 2 hours prior to the next stated Company Show time. - - ------....--.---.- Appendix B II. INDOOR PERFORMING SITE REQUIREMENTS. (see Page 2, Section 8: Inclement Weather. of Agreement) A. When moving site from outdoor to an alternative indoor site, the location must be within five miles of original site. 8. PRESENTER representative, who has intimate knowledge of the indoor structure, is to meet M*A*C upon arrival into indoor site. C. Trapeze and other rigged equipment will be used only if it can be accommodated by the space. D. Minimum ceiling height of 20'. E. 35' depth by 50' width performing area, and five (5) additional discrete areas for Circus Workshops to accommodate audience participants (approx. 75 per workshop). F. 20 amp circuit or a knowledgeable sound board operator if M*A*C will be using Presenter's sound system. G. Lights and knowledgeable board operator must be provided if we will be using an indoor lighting system. H. Truck loading and unloading access. I. Two (2) clean, well-lit dressing rooms, minimum of 8' by 8', within 50' of performing area. J. Reserved parking for six (6) M*A*C vehicles within 100' of the performing site. If parking permits are necessary, Presenter will obtain six (6) permits and present them to the M*A*C Tour Manager upon M*A*C's arrival to indoor site. K. Presenter must provide audience seating. Agreed to and accepted by: PRESENTER City of Chula Vista Ric Todd 365 F Street Chula Vista, CA 91910 (619) 585-5627 /IJ - g - . ~. ., ~---'--- -,~ RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR SPECIAL EVENT PERMITS FOR TIDELAND USE FROM THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE SUMMER LEGACY CONCERT, MAKE A CIRCUS, HARBOR DAYS AND TALL SHIP FESTIVAL, AND TASTE OF THE ARTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, the City is sponsoring or co-sponsoring three large special events and one smaller event on Chula vista's bayfront within the next year: the Summer Legacy concert on August 27, 2001, Harbor Days and Tall Ship Festival on September 28 and 29, 2001 (co-hosted with the Chula Vista Chamber of Commerce), Taste of the Arts on April 6, 2002, and the Make a Circus event on July 17, 2001; and WHEREAS, since these events are being partially or completely operated on property owned by the San Diego Un if ied Port District ( SDUPD) , the Port is requiring the City to submit Special Event Permits for Tideland Use, which includes indemnification and hold harmless language. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the application for Special Event Permits for Tideland Use from the San Diego Unified Port District for the Summer Legacy Concert, Make a Circus, Harbor Days and Tall Ship Festival, and Taste of the Arts. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Port District's Special Event Permits for Tideland Use. Presented by Approved as to form by David Palmer Deputy City Manager J, \attorney\reso\tideland permits /1).;;)1 - ._.. .-.--..-------- COUNCIL AGENDA STATEMENT Item: II Meeting Date: 6/19/2001 ITEM TITLE: Resolution approving the Memorandum of Understanding between the City of Chula Vista and the Chula Vista Elementary School District regarding joint operation of the DASH (Dynamic After School Hours) after school recreational program, and the STRETCH (Safe Time for Recreation, Enrichment, and Tutoring for CHildren) extended school day educational program; and authorizing the Mayor to execute the MOu. SUBMITTED BY: Deputy City Manager Palmer ~ 'I¿ REVIEWED BY: City Manager ~"... 9(' (4/5ths Vote: Yes - No ---.K) The current MOU between the City al1d the Chula Vista Elementary School District, in effect until June 30th, 2001, authorizes the operation of two after school programs at elementary school sites. The STRETCH Program, with its emphasis on literacy and arts enrichment, is offered at eight district schools; and the DASH Program(Dynamic After School Hours), a structured sports and recreation program at 14 district schools. The budget for FY 2001-02 is based on the proposed expansion of the DASH Program trom fourteen to eighteen sites. A further expansion trom eighteen to twenty-three sites is proposed in the FY 2002-03 budget, ensuring that, by that time, all elementary schools within the City will offer a tree after school program. Expansion plans necessitate the hiring of I new supervisor. The intent of this report is to present an updated MOU between ti,e City and the Chula Vista Elementary School District for FY 2001-02. STAFF RECOMMENDATION: That Council approve the Memorandum of Understanding between the City of Chula Vista and the Chula Vista Elementary School District regarding joint operation of the DASH (Dynamic After School Hours) after school recreational program, and the STRETCH (Safe Time for Recreation, Enrichment, and Tutoring for CHildren) extended school day educational program; and authorizing the Mayor to execute the MOu. BOARDS/COMMISSIONS RECOMMENDA nONS: ilia DISCUSSION: The STRETCH and DASH programs have been deemed a great success, recognized by both the League of California Cities and the American School Board Journal for their excellence and innovation. . - -~.-.-._.- ....-... Item: II , Page 2 Meeting Date: 6/19/2001 The City and the District are now ready to enter into a new Memorandum of Understanding for FY 2001-02 (Attachment A). The new MOU, which has been prepared in conjunction with the City Attorney's office, authorizes: . An expansion of DASH from 14 to 18 elementary school sites. These sites will include: Allen, Casillas, Chula Vista Hills, Clear View, Cook, EastLake, Feaster- Edison, Halecrest, Hilltop, Kellogg (new in 2001), McMillin (new in 2001), Olympic View, Palomar, Parkview (new in 2001), Rogers, Rosebank, Tiffany (new in 2001), and Valle Lindo Elementary Schools. . Co.}tinuation of the STRETCH program at eight elementary school sites, including Harborside, Lauderbach, Lorna Verde, Los Altos, Montgomery, Mueller, Otay, and Rice Elementary Schools. In 2002 the five proposed additional DASH schools will include Arroyo Vista, Discovery, Heritage, Thurgood Marshall, and a planned new school (unnamed at this time). As in previous MOUs, the City will recruit, hire, train and supervise staff to conduct both STRETCH and DASH Programs. The District will actively promote communication, cooperation and coordination among and between school personnel and city personnel. FISCAL IMPACT: The proposed FY2001-02 budget for STRETCH and DASH is $1,157,816. The City will provide $393,656 (plus in-kind expenses), the Elementary School District will provide $500,000 and the State will provide (via the District) $264,160. These funds will be appropriated as part of the FY2001-02 budget. - '-"'- --...-----....-....---- -- MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA ELEMENTARY SCHOOL DISTRICT This MOD is entered into by the Mayor of the City of Chula Vista and the Superintendent of Chula Vista Elementary School District. This is an agreement to operate an after school recreational program ("DASH" - Dynamic After School Hours), and an extended school day educational program (STRETCH - Safe Time for Recreation, Enrichment and Tutoring for CHildren) in Chula Vista Elementary School District schools in FY 2001-2002. The parties agree that the Chula Vista Elementary School District's responsibilities shall be to: D Facilitate communication of the DASH and STRETCH Programs' missions, goals and objectives to all participating school sites, in particular to principals, PT As and School Site Councils. D Actively promote cooperation and coordination among and between school sites and all personnel involved in DASH and STRETCH activities. . D Participate in the development and actualization of a plan to evaluate the DASH and STRETCH programs. D Provide a staff liaison with the City as a key contact. D Coordinate the daily delivery of snacks for participating children through Child Nutrition Services. D Provide the City of Chula Vista $764,160 in FY 2001-2002 towards the cost of operating the DASH and STRETCH Programs, payable within 30 days of receipt of four quarterly City of Chula Vista invoices of $191,040 each, on 7/15/01, 10/15/01, 1/15/02, and 4/15/02. The parties agree that the City ofChula Vista's responsibilities shall be to: D Provide a Library Department Manager to oversee and coordinate the DASH and STRETCH Programs' activities, in cooperation with District staff. D Facilitate communication of the DASH and STRETCH Programs' missions, goals and objectives to all participating staff. D Actively promote cooperation and coordination among and between school sites and all personnel involved in DASH and STRETCH activities. D Participate in the development and actualization of a plan to evaluate the DASH and STRETCH programs. D Operate the DASH Program at the following 18 District Schools: Allen, Casillas, Chula Vista Hills, Clear View, Cook, Eastlake, Feaster-Edison, Halecrest, Hilltop, Kellogg, McMillin, Olympic View, Palomar, Parkview, Rogers, Rosebank, Tiffany, and Valle Lindo Elementary Schools. Page 1 of2 - .-. ---_._------_.. 0 Recruit, hire, and train 39 part-time DASH Leaders, under the supervision of 2 full- time DASH Supervisors. 0 Operate the STRETCH Program at the following 8 District Schools: Harborside, Lauderbach, Loma Verde, Los Altos, Montgomery, Mueller, Otay, and Rice Elementary Schools. 0 Recruit, hire, and train 8 part-time, benefited STRETCH School Site Coordinators, and 26 part-time Youth Leaders, under the supervision of a full time STRETCH Supervisor 0 Provide individual participating schools with detailed tenus of agreement regarding specific program hours, staffing, programming, shared use of facilities, etc. 0 Contribute the following: $393,656 III STRETCH/DASH budgeted general funds; a .5 FTE Library Administrative Assistant ($18,000, in-kind); City wide overhead (human resources, payroll, finance, MIS, purchasing, and other City Departments) - in kind. 0 Act as fiscal agent for the combined District and City funds the duties of which include but are not limited to budgeting, appropriating, expending, tracking, and reporting funds. The parties agree that a joint decision-making panel shall continue to govern the DASH and STRETCH Programs. The panel is comprised of the following District and City employees: Chula Vista Elementary School District: Assistant Superintendent for Instructional Services and Support District Director of Early Intervention City of Chula Vista Deputy City Manager/Chula Vista Public Library Director Educational Services Manager The parties further agree to hold hanDless each other against any and all claims asserted or liability established for damages or injuries, including death, to any person or property, including an officer, agent or employee of one of the parties, which arise from or are connected with or are caused or claimed to be caused by the negligent acts or omissions of the District or the City in carrying out the tenus of this agreement; provided, however, that no duty to hold hanDless one party shall arise or exist regarding the established sole negligence or willful misconduct of that party. CHULA VISTA ELEMENTARY CITY OF CHULA VISTA SCHOOL DISTRICT By: By: Date: Date: Page 2 of2 - - .--.. --~..._._- ......-.--.....-..-.-..----- RESOLUTION NO. 2001- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DASH (DYNAMIC AFTER SCHOOL HOURS) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU WHEREAS, in FY 1998/99 the City entered into a unique partnership with the Chula vista Elementary School District, the purpose of which was to examine the City's existing after school program offerings and, with District input, to revamp them based on individual school needs and priorities; and WHEREAS, the current Memorandum of Understanding (MOU) between the city and the Chula Vista Elementary School District, in effect until June 30th, 2001 authorizes the operation of the STRETCH Program (Safe Time for Recreation, Enrichment and Tutoring for Children) with its emphasis on literacy, and arts enrichment, at eight district schools; and the DASH Program (Dynamic After School Hours), a structured sports and recreation program at 14 district schools; and WHEREAS, the budget for FY 2001-02 is based on the proposed expansion of the DASH Program from 14 to 18 sites and a further expansion from 18 to 23 sites is proposed in the FY 2002-03 budget, ensuring all elementary schools within the City will offer a free after school program; and WHEREAS, an updated MOU between the city and the Chula Vista Elementary School District for FY 2001-02 is presented for approval. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula vista and the Chula Vista Elementary School District regarding joint operation of the DASH 1 - -- ..-.--.-. (Dynamic After School Hours) after school recreational program, and the STRETCH (Safe Time for Recreation, Enrichment, and Tutoring for Children) extended school day educational program, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the MOD. Presented by Approved as to form by ()e ~ /~~---- David Palmer J~ M. Kaheny Deputy City Manager Clty Attorney j, \attorney\reso\STRETCH AND DASH 2 - _.....0_....__-----.- ,-"."".-",.,.-.. COUNCIL AGENDA STATEMENT Item No.: );¿ Meeting Date: 06/19/01 ITEM TITLE: Resolution of the City Council of the City of Chula Vista authorizing the application and acceptance of Natural Community Conservation Planning (NCCP) grant funds for retaining biological consulting services to complete a baseline biological study for approximately 1,350 acres of habitat preserve land in the Chula Vista Central City Preserve Management Area. Resolution of the City Council of the City of Chula Vista authorizing the application and acceptance of Natural Community Conservation Planning (NCCP) grant funds for retaining biological consulting services to complete three Area-Specific Management Directives covering approximately 450 acres each of habitat preserve ""'" in tho Chub VI,ta Con"'! City P"ro MIDlligomont Moo. Æ SUBMITTED BY: Director of Planning and Building $;/ REVIEWED BY: City Manager&f ;rv (4/Sths Vote: Yes No ~ /"",iJ/ - The City of Chula Vista anticipates receiving its Multiple Species Conservation Program (MSCP) take authorization from the Wildlife Agencies by January 2002. Under the proposed take authorization from the Wildlife Agencies, the City would be obligated to conduct a baseline biological study and complete Area-Specific Management Directives (ASMDs) for approximately 1,350 acres of habitat preserve lands in the Central City Preserve Management Area (CCPMA). The City is making a grant application to the California Department of Fish and Game for $227,666 to allow the City to hire consultants to perform a baseline biological study and complete the ASMDs for the 1,350-acre habitat preserve area. There is no resulting fiscal impact of adopting these resolutions to authorize the application and acceptance of the grant funds. If the City were to win the grants, $227,666 would be provided through the grants and $76,881 would be provided through the City's in-kind contribution. RECOMMENDATION: 1. That the City Council adopt the Resolution authorizing the application and acceptance of Natural Community Conservation Planning (NCCP) grant funds for retaining biological consulting services to complete a baseline biological study for approximately 1,350 acres of habitat preserve land in the Chula Vista Central City Preserve Management Area. /~-/ - -. - ----_0_""---'-"---0______-- Page 2, Item No.: I~ Meeting Date: 06/19/01 - 2. That the City Council adopt the Resolution authorizing the application and acceptance of Natural Community Conservation Planning (NCCP) grant funds for retaining biological consulting services to complete three Area-Specific Management Directives covering approximately 450 acres each of habitat preserve land in the Chula Vista Central City Preserve Management Area. BOARDS/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: The Multiple Species Conservation Program is a comprehensive, long-term habitat conservation plan developed to address the needs of multiple species and the preservation of natural vegetation communities in south San Diego County. The MSCP Framework Plan was adopted by the City of San Diego and County of San Diego in 1997. It addresses the potential impacts of urban growth, natural habitat loss and species endangerment, and creates a 'plan to mitigate for the potential loss of "Covered Species" and their habitat due to the direct impacts of future development of both public and private lands within the MSCP study area. The Chula Vista Draft MSCP Subarea Plan was conditionally adopted by the City Council on October 17, 2000. The City is in the final stages of completing its MSCP Subarea Plan and Implementing Agreement and anticipates receiving take authorization from the U.S. Fish and ~,. Wildlife Service and California Department of Fish and Game (collectively the "Wildlife Agencies") by January 2002. Under the proposed take authorization, the City would be obligated to conduct a baseline biological study of approximately 1,350 acres of habitat preserve lands in the CCPMA. The CCPMA includes open space districts associated with Rancho Del Rey, Terra Nova, Bonita Long Canyon, Salt Creek I, EastLake I, Sunbow I and II, and Flair Banks. For some of these open space areas, the biological data the City has is outdated. By completing habitat mapping, an inventory of covered species, and focused surveys for narrow endemic plant species the City will obtain baseline data for the entire 1,350-acre area. A second obligation the City would have under the proposed take authorization from the Wildlife Agencies is the creation of ASMDs for the 1,350 acres of habitat preserve land in the CCPMA. The ASMDs would be used by the City as a blueprint for managing the 1,350 acres of habitat preserve lands in the CCPMA. The data from the baseline biological study would be used as the basis for the formulation of three ASMDs covering 450 acres each in the CCPMA. The cost of completing the baseline biological study for the 1,350 acres of habitat preserve land in the CCPMA is estimated to be $89,078. The City is requesting a local assistance grant fund from the California Department of Fish and Game for $75,000 to cover the cost of retaining a biological consultant to complete the baseline biological study for the CCPMA and compile the data in a report for the City's use. The City proposes an in-kind contribution of $14,078 to demonstrate a local cost share of approximately 16 percent for the project. The City's in-kind contribution includes staff salaries, benefits, and overhead. - /~.~ - --..............-..-...---.-- -......-.....-...-. Page 3, Item No.: /J, Meeting Date: 06/19/01 requesting a local assistance grant fund from the California Department of Fish and Game for $152,666 to cover the cost of retaining biological consultants to complete the three Area- Specific Management Directives for the CCPMA. The City proposes an in-kind contribution of $62,803 to demonstrate a local cost share of approximately 29 percent for the project. The City's in-kind contribution includes staff salaries, benefits, and overhead. In order for the City to apply for the two, local assistance grant funds from the California Department of Fish and Game totaling $227,666, the City Council must adopt two resolutions authorizing the application and acceptance of the NCCP grant funds. FISCAL IMPACT: There is no resulting fiscal impact of adopting these resolutions to authorize the application and acceptance of the grant funds. If the City were to win the grant to fund the hiring of a biological consultant to complete a baseline biological study for 1,350 acres of habitat preserve land, $75,000 would be provided through the grant and $14,078 would be provided through the City's in-kind contribution for salaries, staff benefits, and overhead. If the City were to win the grant to fund the hiring of two consultants to complete three Area- Specific Management Directives covering approximately 450 acres each of habitat preserve land, $152,666 would be provided through the grant and $62,803 would be provided through the City's in-kind contribution for salaries, staff benefits, and overhead. Attachments: 1. NCCP Local Assistance Grant Proposal #1 2. NCCP Local Assistance Grant Proposal #2 H: \Shared\Planning\Christina\A 1 13 NCCPGrants.0619B.doc _.. _.__...._.....~.__.----_._-_.._--_.._.. __._n______--oo-.- IlTTACHM{;AJI 1 City of Chula Vista NCCP Local Assistance Grant Proposal #1 June 2001 Baseline Biological Study for Approximately 1,350 Acres in the Chula Vista Central City Preserve Management Area 1. Summary of Proposal The Chula Vista Draft MSCP Subarea Plan was conditionally adopted by the City Council on October 17,2000. The City is in the final stages of completing its MSCP Subarea Plan and Implementing Agreement and anticipates receiving an Incidental Take Permit ("take authorization") from the Wildlife Agencies by January 2002. Under the proposed take authorization, the City would be obligated to conduct a baseline biological study for approximately 1,350 acres of habitat preserve land in the Central City Preserve Management Area (CCPMA). The baseline biological study would include habitat mapping, an inventory of covered species, focused surveys for narrow endemic plant species, and a final report compiling the survey data. The total cost of completing the study is approximately $89,078. Although not required by the NCCP Local Assistance Grant program, the City proposes to fund $14,078 of the cost through an in-kind contribution and is submitting this grant application to the California Department of Fish and Game for the remaining cost of $75,000 for hiring a consultant to perform the baseline biological study. 2, Specific Description of Task The primary task of this grant proposal is the completion of a baseline biological study for approximately 1,350 acres of habitat preserve land in the CCPMA. Preserve land in the CCPMA is comprised of existing open space districts associated with the communities of Rancho Del Rey, Terra Nova, Bonita Long Canyon, EastLake I, Salt Creek I, Sunbow I and II, and Flair Banks (see Exhibit I). With the exception of the Sunbow and Flair Banks open space, these areas are generally located east of Interstate 805, north of Telegraph Canyon Road, west of proposed State Route 125, and south of the City's incorporated boundary. The Sunbow and Flair Banks open space areas are generally located east of Interstate 805, north of the Otay Landfill, west of Otay Ranch Village 1 West and Village 2 West, and south of Telegraph Canyon Road. Long-term maintenance of these areas, for community open space purposes, is currently funded through open space, community facilities, or landscape/lighting/maintenance districts. To include these areas as MSCP preserve, the City has to provide funding for a habitat management and monitoring component that would be over and above the funding provided for maintenance by the above-listed districts. The first step in this process is to conduct a baseline biological study to map habitat types, inventory covered species, and conduct focused surveys for narrow endemic species. The second step is to /~-( - ---- -.--.--..--...-----.- create the Area-Specific Management Directives, which will provide the management - blueprint for the 1 ,350-acre habitat preserve area (see Chula Vista NCCP grant proposal #2). The final step is to implement the ASMDs utilizing adaptive management techniques. The product of the study will be a final report describing the survey results in narrative format and GIS graphics illustrating survey results. This final baseline biological report will be the cornerstone of launching a successful management and monitoring program for the CCPMA that meets the requirements ofMSCP. 3. Relationship of Project to MSCP and NCCP The City of Chula Vista is one of 12 participating jurisdictions in the Multiple Species Conservation Program (MSCP). The MSCP is a subregional plan under the California Natural Community Conservation Planning Act of 1991. One of the objectives of the MSCP Subregional Plan is to "[d]evelop and implement a program for the conservation and management of habitats of federal and state endangered, threatened, or rare species thereby reducing the human-related causes of extirpation within the MSCP study area." To meet this objective, the Subregional Plan outlines preserve management policies. One of the policies requires framework management plans and area-specific management directives to be developed for conserved areas. The MSCP Subregional Plan states that, "[t]hese directives will be developed and implemented to address species and habitat management needs in a phased manner for logical and discrete areas, once conserved as part of the preserve, including any species-specific management required as conditions of take authorizations." The City's Subarea Plan defines the City's participation in the MSCP and establishes conservation goals and criteria for development of lands within the City's jurisdictional boundary or "Subarea." Section 6.2 of the Draft Chula Vista MSCP Subarea Plan addresses framework management plans and ASMDs. To formulate the ASMDs for the CCPMA, biological data for the habitat preserve area will be evaluated and management directives from Table 3-5 of the MSCP Subregional Plan and the City Framework Management Plan (see Section 6.3 of the Draft Subarea Plan) will be utilized. Because most biological data is either lacking or outdated for the CCPMA, the City needs to conduct a baseline biological study for the 1,350-acre CCPMA before it can start preparing ASMDs, as required by the MSCP Subregional Plan and the Draft Chula Vista MSCP Subarea Plan. The City of Chula Vista is in the process of finalizing its MSCP Subarea Plan and anticipates receiving take authorization by January 2002. Once the City receives take authorization ITom the Wildlife Agencies, the City would be obligated to complete a number of implementation tasks to conserve covered species. Conducting a baseline biological study of the 1,350 acres of habitat preserve land in the CCPMA is one of the obligations, and as stated above, must be completed prior to the development of Area- Specific Management Directives for the CCPMA. .. 2 /~- 4. Explanation of Project Urgency Receiving an NCCP local assistance grant for completing a baseline biological study for the 1,350 acres of habitat preserve land in the CCPMA would set in motion the MSCP management effort in the Chula Vista CCPMA one year early. The management of the CCPMA is critical due to the proximity of this open space to developed areas, therefore, enhanced management of the CCPMA would greatly benefit covered species. The focused surveys for narrow endemic plant species must be conducted during the spring and early summer when plants are blooming. Likewise, the surveys for rare birds such as the California gnatcatcher are optimally conducted during the breeding season in spring and summer. The most efficient way complete the study is to conduct the habitat mapping, inventory covered species, and conduct focused surveys for narrow endemic plant species at the same time. Therefore, the City of Chula Vista prefers to retain the consultant and have the entire baseline biological study completed in the spring/summer of 2002. Completion of this task may not be accomplished without funding assistance. According to Table 18 on page 148 of the September 11, 2000 Draft Chula Vista MSCP Subarea Plan, the City is not obligated to start the baseline biological study for the CCPMA until the special study for the Otay River Valley, Salt Creek and Wolf Canyon is completed (hereinafter referred to as "Otay Ranch Special Study" or "ORSS"). Without the NCCP local assistance grant funding for the CCPMA baseline biological study, the City would direct funding and staff resources to complete the ORSS immediately after receiving take authorization. Although completion of the ORSS should only take three to four months, the baseline biological study for the CCPMA would then be delayed until spring 2003, the optimal time of year for completing the entire study. Once the City receives take authorization, it would also be obligated to prepare Area- Specific Management Directives for the 1,350 acres of habitat preserve land in the CCPMA. Commencement of the ASMDs is dependent upon the completion of the baseline biological study in the CCPMA. If the City receives the NCCP local assistance grant funding for the baseline biological study, commencement of the ASMDs for the CCPMA could begin as early as August 2002 rather than August 2003. This would greatly benefit the covered species in the CCPMA, because a heightened level of open space management, which exceeds existing City open space district maintenance standards, would commence a full year earlier than anticipated. 5. List and Description of Work Products This project will generate two work products: . Hard copy final report compiling all survey data . Electronic copy of final report and GIS products One work product of the project will be a final report that compiles all the survey data. The report will narratively describe the survey methods and results, contain copies of field notes, and include the following GIS products: 3 ~~.~ - ._0.'.'_'-'--"-' .....~.._. - . Graphic depiction of habitat mapping . Graphic depiction of point data or polygons for narrow endemic species . Graphic depiction of point data or polygons for covered invertebrate, reptile, amphibian, bird, and mammal species In addition, the City will receive a copy of the final report and GIS files in electronic format. Both of these work products will be used as the basis for completing Area- Specific Management Directives for the 1,350 acres of habitat preserve land in the CCPMA. 6, Estimated Schedule of Tasks and Deliverables The following deliverables will be provided to the Department of Fish and Game as specified below: a. Within one-two months of receiving a signed contract with the State, a qualified biological consulting firm will be selected and retained to conduct the biological studies of the 1,350-acre preserve area (estimated to be Mid-January through Mid- March 2002). b. Within four months of retaining a biological consulting firm, habitat mapping, focused surveys for narrow endemic plant species, and an inventory of covered - species will be conducted (estimated to be late March through June 2002). c. Within two months of completing the biological surveys, the survey data would be compiled into a final report with GIS graphics by the biological consulting firm (estimated to be July and August 2002). 7, Project Budget The cost of completing the baseline biological study for the 1,350 acres of habitat preserve land in the CCPMA is estimated to be $89,078. The City is requesting a local assistance grant fund from the California Department of Fish and Game for $75,000 to cover the cost of retaining a biological consultant to complete the baseline biological study for the CCPMA and compile the data in a report for the City's use. The $75,000 estimate was generated by a biological subconsultant currently working on the City's MSCP Subarea Plan. The City will go out to bid for the consulting services to complete the baseline biological study, therefore the actual expenditure may vary slightly depending on the consultant that is ultimately selected by the City. Additional budget information for this project is provided in Appendix A. - 4 /-<.. 7 - -.....- ..-.........-.......--..---...-. 8. Funds Proposed by the Grantee Of the total budget of $89,078, the City proposes an in-kind contribution of $14,078 to demonstrate a local cost share of approximately 16 percent for the project. The City's in-kind contribution includes staff salaries, benefits, overhead, and computer depreciation. Staff time is anticipated for the following tasks: . Processing the contract agreement between the California Department of Fish and Game and the City . Administration of the contract between the California Department of Fish and Game and the City, including but not limited to, processing requests for progress payments and maintaining accounting records . Writing the request for proposal for soliciting proposals from biological consultants . Coordinating the consultant selection process . Writing and processing the contract between the City and biological consultant . Managing the biological consultant and administering the contract between the City and biological consultant . Reviewing and commenting on the draft baseline biological report . Facilitating preparation of the final baseline biological study for submittal to the California Department of Fish and Game The City of Chula Vista's normal accounting practices were used in calculating the City's in-kind contribution to the project. Assumptions used in the calculation of the City in-kind contribution include the following: . Staff benefits equal 27 percent of salary . Overhead equals 2.48 percent of salary without benefits . Computer depreciation is based on a computer cost of $1,850 and depreciated at an equal rate over four years ($462.50 per year). The City uses 1,700 hours as the billable hours an employee works per year. The number of hours the computer is utilized for the project is divided by 1,700 and then multiplied by $462.50 to determine the computer depreciation. Additional budget information for this project is provided in Appendix A. 9. Authorizing Resolution from the City of Chula Vista City Council See attached. 10, Drug-Free Workplace Certification See attached. 5 ~-8 - -.._-~-------_._----_. 11. Nondiscrimination Compliance Statement - See attached. 12. Electronic Copy of Grant Proposal and Budget Enclosed. - - 6 /o{-9 - ._-- ~--.__...__.._._.._-----_........_... ---_I I ") - I I i \. c<" '. , Oinv F<anch . '.', SR-125 Majo, Pmj"" Habitat Preserve Lands .",II/?> ~~:~:e.:~""'a~ --,~ In the Central City ~ r;;;;;;;;;;:] Ri"" OWal".o"" Preserve Management Area ~~ ~ :~:. /.,"'/j - ._- Appendix A - Proposed Budget for Baseline Biological Study for Chula Vista Central City Preserve Management Area I Fiscal Year 2002 I Fiscal Year 2003 I Staff Position Rate I Hourly Contribution Cost IHourly Contribution Cost I Total Cost CALIFORNIA DEPARTMENT OF FISH AND GAME CONTRIBUTION TO PROJECT Biological Subconsultant $45,000.00 $30,000.00 $75,000.00 TOTAL CDFG CONTRIBUTION TO PROJECT $45,000,00 $30,000,00 $75,000,00 CITY CONTRIBUTION TO PROJECT Environmental Projects Manager Hourly Salary $34.68 200 $6,936.00 40 $1,387.20 $8,323.20 Staff Benefits 27.00% $1,872.72 $374.54 $2,247.26 Overhead (applied to Hourly Salary only) 2.48% $172.01 $34.40 $206.42 Equipment Depreciation $40.81 $40.81 Environmental Review Coordinator Hourly Salary $41.39 8 $331.12 8 $331.12 $662.24 Staff Benefits 27.00% $89.40 $89.40 $178.80 Overhead (applied to Hourly Salary only) 2.48% $8.21 $8.21 $16.42 \; Director of Planning & Building ~ Hourly Salary $59.10 5 $295.50 1 $59.10 $354.60 Staff Benefits 27.00% $79.79 $15.96 $95.74 Overhead (applied to Hourly Salary only) 2.48% $7.33 $1.47 $8.79 Administrative Office Assistant Hourly Salary $16.92 20 $338.40 5 $84.60 $423.00 Slaff Benefits 27.00% $91.37 $22.84 $114.21 Overhead (applied to Hourly Salary only) 2.48% $8.39 $2.10 $10.49 Deputy City Attorney Hourly Salary $44.94 24 $1,078.56 0 $0.00 $1,078.56 Staff Benefits 27% $291.21 $0.00 $291.21 Overhead (applied to Hourly Salary only) 2.48% $26.75 $0.00 $26.75 TOTAL CITY CONTRIBUTION TO PROJECT $11,667,57 $2,410,94 $14,078,51 TOTAL PROJECT COST I I I $89,078,51 - ._. .--...-----..-----. A TfA c-t+ M 12A)(L City of Chula Vista NCCP Local Assistance Grant Proposal #2 June 2001 Three Area-Specific Management Directives Covering Approximately 1,350 Acres in the Chula Vista Central City Preserve Management Area 1. Summary of Proposal The Chula Vista Draft MSCP Subarea Plan was conditionally adopted by the City Council on October 17, 2000. The City is in the final stages of completing its MSCP Subarea Plan and Implementing Agreement and anticipates receiving an Incidental Take Pennit ("take authorization") ITom the Wildlife Agencies by January 2002. Under the proposed take authorization, the City would be obligated to conduct a baseline biological study for approximately 1,350 acres of habitat preserve land in the Central City Preserve Management Area (CCPMA). Once the baseline biological study is completed, the City would also be obligated to prepare Area-Specific Management Directives (ASMDs) for the 1,350 acres. The City proposes to prepare three separate ASMDs covering approximately 450 acres each. The total cost of completing three ASMDs is approximately $215,469. Although not required by the NCCP Local Assistance Grant program, the City proposes to fund $62,803 of the cost through an in-kind contribution and is submitting this grant application to the California Department of Fish and Game for $152,666 for hiring a biological consultant to prepare the ASMDs. 2. Specific Description of Task The primary task of this grant proposal is the preparation of three ASMDs covering approximately 450 acres each, of habitat preserve land in the CCPMA. Preserve land in the CCPMA is comprised of existing open space districts associated with the communities of Rancho Del Rey, Terra Nova, Bonita Long Canyon, EastLake I, Salt Creek I, Sunbow I and II, and Flair Banks (see Exhibit 1). With the exception of the Sunbow and Flair Banks open space, these areas are generally located east of Interstate 805, north of Telegraph Canyon Road, west of proposed State Route 125, and south of Bonita. The Sunbow and Flair Banks open space areas are generally located east of Interstate 805, north of the Otay Landfill, west ofOtay Ranch Village 1 West and Village 2 West, and south ofTelegraph Canyon Road. Long-tenn maintenance of these areas, for community open space purposes, is currently funded through open space, community facilities, or landscapellighting/maintenance districts. To include these areas as MSCP preserve, the City has to provide funding for a habitat management and monitoring component that would be over and above the funding provided for maintenance by the above-listed districts. The first step in this process is to conduct a baseline biological study to map habitat types, inventory covered species, and conduct focused surveys for narrow endemic species (see Chula Vista NCCP Grant Proposal #1). The second step is to create the Area-Specific Management /~-/À .. _. .....---...---....--------..----- Directives, which will provide the management blueprint for the approximately 1,350- - acre habitat preserve area. The final step is to implement the ASMDs utilizing adaptive management techniques. The product will be three ASMDs, each covering approximately 450 acres within the CCPMA. Based on the biological resources identified in the baseline biological study, each ASMD will incorporate applicable conditions of coverage from Table 3-5 of the MSCP Subregional Plan, the management directives from the City Planning Component Framework Management Plan found in Section 6.3 of the City's Draft MSCP Subarea Plan, and specific conditions from the City's Incidental Take Pennit. Each ASMD will be a bound document for use by the preserve manager in making management decisions for the optimal benefit of covered species. The City has chosen to produce three ASMDs, each covering 450 acres, rather than one ASMD covering all 1,350 acres because it allows management of habitat preserve land in the CCPMA to commence one year earlier. The following chart illustrates the anticipated schedule of preserve management under the single ASMD approach versus the phased three ASMD approach. PROJECT SCHEDULE. ALTERNATIVES Start Preparation Finish Management of ASMD Preparation of Commences - ASMD ASMD for September 2002 February 2004 March 2004 1,350 acres First ASMD September 2002 February 2003 March 2003 for 450 acres Second ASMD March 2003 August 2003 September 2003 for 450 acres Third ASMD September 2003 February 2004 March 2004 for 450 acres Habitat preserve land in the CCPMA is comprised of many separate preserve units bound by urban development, with a high potential for edge effects. Initiating MSCP-Ievel management as soon as possible will minimize the potential extent of edge effects from surrounding adjacent development. Completing one ASMD for the entire area is estimated to take approximately one and a half years. Based on the schedule, MSCP- level management would not be anticipated to commence until after the ASMD is completed or March 2004. By phasing the project into three separate ASMDS, the project scope is reduced and the City expects each ASMD can be completed within six months. As a result, management of each 450-acre unit could be phased by six-month intervals, with management of the first 450-acre unit starting in March 2003 - an entire year early. Once a baseline biological study is completed, the City will evaluate the data to detennine the priority of the 450-acre units based on immediate management needs. -.. For instance, within the CCPMA there is a population of Otay tarplant in Rice Canyon 2 ~ - .------...-.-.------ ...----- -.--.. that would benefit ITom MSCP-level management. The City would include Rice Canyon within its first ASMD, thereby allowing management to start in March 2003 rather than March 2004. 3. Relationship of Project to MSCP and NCCP The City of Chula Vista is one of 12 participating jurisdictions in the Multiple Species Conservation Program (MSCP). The MSCP is a subregional plan under the California Natural Community Conservation Planning Act of 1991. One of the objectives of the MSCP Subregional Plan is to "[ d]evelop and implement a program for the conservation and management of habitats of federal and state endangered, threatened, or rare species thereby reducing the human-related causes of extirpation within the MSCP study area." To meet this objective, the Subregional Plan outlines preserve management policies. One of the policies requires ITamework management plans and area-specific management directives to be developed for conserved areas. The MSCP Subregional Plan states that, "[t]hese directives will be developed and implemented to address species and habitat management needs in a phased manner for logical and discrete areas, once conserved as part of the preserve, including any species-specific management required as conditions of take authorizations." The City's Subarea Plan defines the City's participation in the MSCP and establishes conservation goals and criteria for development of lands within the City's jurisdictional boundary or "Subarea." Sections 6.2 and 6.3 of the Draft Chula Vista MSCP Subarea Plan addresses ITamework management plans and ASMDs. To fonnulate the ASMDs for the CCPMA, applicable conditions of coverage ITom Table 3-5 ofthe MSCP Subregional Plan, the management directives ITom the City Planning Component Framework Management Plan found in Section 6.3 of the City's Draft MSCP Subarea Plan, and specific conditions from the City's Incidental Take Pennit will be applied to the biological resources identified in the baseline biological study. The City of Chula Vista is in the process of finalizing its MSCP Subarea Plan and anticipates receiving take authorization by January 2002. Once the City receives take authorization ITom the Wildlife Agencies, the City would be required to complete a number of implementation tasks to benefit covered species. Preparing ASMDs for the 1,350 acres of habitat preserve land in the CCPMA is one of the requirements of the MSCP Subregional Plan and the Draft Chula Vista MSCP Subarea Plan. 4. Explanation of Project Urgency Completing the preparation of ASMDs for the CCPMA is an urgent implementation task. The City would like to start its first ASMD immediately upon completion of a baseline biological study (estimated to be August or September 2002 ifthe City receives an NCCP grant for the baseline biological study). Because the City proposes to complete the ASMDs for the CCPMA in three phases, the most urgent implementation task for this NCCP Local Assistance Grant cycle (FYOI-02) would be initiation of the first ASMD. Although the City would prefer to receive funding for all three ASMDs during this funding cycle, the City recognizes funding is limited and the competition is significant. 3 /~-/f - ---- ----------..-..- ---- Therefore, the highest urgency and priority for this grant cycle is the first ASMD - commencing September 2002. If the City does not receive NCCP Local Assistance Grant funding for the second and third ASMDs, the City will make application to CDFG in June 2002 for the FY02-03 grant cycle. 5. List and Description of Work Products This project will generate the following work products: . Three ASMDs covering approximately 450 acres each in the CCPMA . Electronic copy of final ASMDs and any GIS products These ASMDs will provide the blueprint for managing 1,350 acres of habitat preserve in the CCPMA. 6. Estimated Schedule of Tasks and Deliverables The following deliverables will be provided to the Department of Fish and Game as specified below: First ASMD - Approximately 450 Acres a. By late August 2002, a qualified biological consulting firm will be selected and retained to write and produce the first ASMD for approximately 450 acres of habitat - preserve land in the CCPMA (including Rice Canyon). b. By mid-November 2002, a Draft ASMD for the first 450 acres of habitat preserve land in the CCPMA will be distributed. c. By late February 2003, the Final ASMD for the first 450 acres of habitat preserve land in the CCPMA will be completed. Second ASMD - Approximately 450 Acres d. By late February 2003, a qualified biological consulting firm will be selected and retained to write and produce the second ASMD for approximately 450 acres of habitat preserve land in the CCPMA. e. By mid-May 2003, a Draft ASMD for the second 450 acres of habitat preserve land in the CCPMA will be distributed. f. By late August 2003, the Final ASMD for the second 450 acres of habitat preserve land in the CCPMA will be completed. - 4 /~ - --.---..--,-"..--.---.......-....-- Third ASMD - Approximately 450 Acres g. By late August 2003, a qualified biological consulting finn will be selected and retained to write and produce the third ASMD for approximately 450 acres of habitat preserve land in the CCPMA. h. By mid-November 2002, a Draft ASMD for the third 450 acres of habitat preserve land in the CCPMA will be distributed. I. By late February 2003, the Final ASMD for the third 450 acres of habitat preserve land in the CCPMA will be completed. 7, Project Budget The cost of completing each ASMD is as follows: First ASMD - Approximately 450 Acres Writing, editing, and production of the fITst ASMD for approximately 450 acres of habitat preserve land in the CCPMA is estimated to be $70,413. The City is requesting a local assistance grant fund from the California Department of Fish and Game for a total of $50,000. Of the $70,413, $50,000 would cover the cost of retaining a biological consultant to write and produce the fITst ASMD. The $50,000 estimate was generated by a biological subconsultant currently working on the City's MSCP Subarea Plan. The City will go out to bid for the consulting services to complete the ASMD, therefore the actual expenditure may vary slightly depending on the consultant that is ultimately selected by the City. Second ASMD - Approximately 450 Acres Writing, editing, and production of the second ASMD for approximately 450 acres of habitat preserve land in the CCPMA is estimated to be $71,627. The City is requesting a local assistance grant fund from the California Department of Fish and Game for a total of $50,666. Of the $71,627, $50,666 would cover the cost of retaining a biological consultant to write and produce the second ASMD. The $50,666 estimate was derived as follows: . A biological subconsultant currently working on the City's MSCP Subarea Plan estimated the cost of preparation of the ASMD to be $50,000; . Based on the overall ASMD phasing plan, 66.6 percent ($33,333) of the cost for the biological consultant for the second ASMD is assumed to be used in Fiscal Year 2003 and 33.3 percent ($16,667) of the cost for the biological consultant is assumed to be used in Fiscal Year 2004; and . The $16,667 to be spent in Fiscal Year 2004 has been adjusted for inflation by four percent to total $17,333. 5 /ci -/&:, - _0__..___0.._.'._-- The City will go out to bid for the consulting services to complete the ASMD, therefore ,_. the actual expenditure may vary slightly depending on the consultant that is ultimately selected by the City. Third ASMD - Approximately 450 Acres Writing, editing, and production of the third ASMD for approximately 450 acres of habitat preserve land in the CCPMA is estimated to be $73,429. The City is requesting a local assistance grant fund from the California Department of Fish and Game for a total of $52,000. Of the $73,429, $52,000 would cover the cost of retaining a biological consultant to write and produce the third ASMD. The $52,000 estimate was derived as follows: . A biological subconsultant currently working on the City's MSCP Subarea Plan estimated the cost of preparation of the ASMD to be $50,000; . Based on the overall ASMD phasing plan, 100 percent of the cost for the biological consultant for the third ASMD is assumed to be used in Fiscal Year 2004; and . The $50,000 to be spent in Fiscal Year 2004 has been adjusted for inflation by four percent to total $52,000. Additional budget information for this project is provided in Appendices A, B & c. .- 8. Funds Proposed by the Grantee Of the total budget of $215,469 for writing and production of all three ASMDs, the City proposes an in-kind contribution of $62,803 to demonstrate a local cost share of 29 percent for the project. This total is broken down for each ASMD as follows: Chula Vista NCCP Grant Total Cost Share Cost Share ASMDI $20,413 $50,000 $70,413 ASMD2 $20,961 $50,666 $71,627 ASMD3 $21,429 $52,000 $73,429 Total $62,803 $152,666 $215,469 Percentage 29% 71 % 100% The City's in-kind contribution includes staff salaries, benefits, overhead, and computer depreciation. Staff time is anticipated for the following tasks: . Processing the contract agreement between the California Department of Fish and Game and the City - 6 /~ 7 - ---- -.--..---------. "--'~'- . Administration of the contract between the California Department of Fish and Game and the City, including but not limited to, processing requests for progress payments and maintaining accounting records . Writing the request for proposal for soliciting proposals from biological consultants . Coordinating the consultant selection process . Writing and processing the contract between the City and biological consultant . Managing the biological consultant and administering the contract between the City and biological consultant . Reviewing and commenting on the screencheck and draft ASMD reports . Facilitating preparation of the final ASMDs for submittal to the California Department of Fish and Game The City of Chula Vista's normal accounting practices were used in calculating the City's in-kind contribution to the project. Assumptions used in the calculation of the City in-kind contribution include the following: . Staff benefits equal 27 percent of salary . Overhead equals 2.48 percent of salary without benefits . Computer depreciation is based on a computer cost of $1,850 and depreciated at an equal rate over four years ($462.50 per year). The City uses 1,700 hours as the billable hours an employee works per year. The number of hours the computer is utilized for the project is divided by 1,700 and then multiplied by $462.50 to determine the computer depreciation. . Hourly wage increase of five percent for Fiscal Year 2004 Additional budget information for this project is provided in Appendices A, B & C. 9. Authorizing Resolution from the City of Chula Vista City Council See attached. 10. Drug-Free Workplace Certification See attached. 11. Nondiscrimination Compliance Statement See attached. 12. Electronic Copy of Grant Proposal and Budget Enclosed. 7 /c1~/8 _. - --~_.__.. - '\ geM';;ueiR~:¡~- i~::"j~=-----:::,,:~,- I ,-~~~- ",,1,:'I.hlJl1.',I.",",',I,,',',"'" J:.~""O,'~"""',.""",I", '-' \;¡~~~OF'U"'>;( ,~:'¡ ",L' '..... "~~,"í",,>,j-"""" iÇ.~ .<1""'\ :~~\: ~~,.,., ) ,,"'\] (#8,/\.,"", 'I'" ì'" \ ,,' I ,""~',JC" ")",,,- "',,1 , I ,,<:1' /"1" 'x'' ',', ,,/è " ,,/" / -",', """"".. ","","',' ">-~,_J'/",'\"',,I ,fi '",/, Þ ,,/Kc-, ?","\ >7 ," " ,'-,,",",,-'\"~,"'/,""" ,/'\ "",.",/ ì" '~" ,.'1' " ,'I' , .,.. "",,',,'IV"'\ ",/\. \ {¡,' ¡: i ~ ,-' " ,,' I ' I ,~~""""", """',\r,-",~,:",\'il',~;;\[,,),,",',YF",.",,¡,¡,Ii>" \, \, [--- r "",'" ,! "If'" ' " ,I -X ~[, "I,? I ,'\' \ I L,,'" ,'/ ," ' I' """,,'," -" '---i,,"'" ' ' ' /" "','1. '\, I : " '.', \ ' f/1< ,'- ' ,),~",,',,",',',"",',',,',','',"','!'!?"""",."...../." : , ... ., / ; '.,r-" ",,- Legend ' .... , .' 5R,125 /\/51"'" M'Jo,PlOj"t\ ~"Y Bo",d,~ - P",,~, "'" ::::JW,'"BOdi" Habitat Pres In the Cen~rve Lands - Preserve Ma ral City nagement Area ~ ~ ,,_~,?-~A I EX~BiTl ----==¿::" -" "'----- Appendix A Proposed Budget for Completing First Area-Specific Management Directive for 450 Acres in the Chula Vista Central City Preserve Management Area Fiscal Year 2003 Staff Position Rate Hourly Contribution I Cost CALIFORNIA DEPARTMENT OF FISH & GAME CONTRIBUTION TO PROJECT Biological Subconsultant $50,000.00 TOTAL CDFG CONTRIBUTION TO PROJECT $50,000.00 CITY CONTRIBUTION TOPROJECT Environmental Projects Manager Hourly Salary $34.68 300 $10,404.00 Staff Benefits 27.00% $2,809.08 Overhead (applied to Hourly Salary only) 2.48% $258.02 Equipment Depreciation $54.41 Environmental Review Coordinator Hourly Salary $41.39 40 $1,655.60 Staff Benefits 27.00% $447.01 Overhead (applied to Hourly Salary only) 2.48% $41.06 Principal Planner Hourly Salary $41.39 40 $1,655.60 Staff Benefits 27.00% $447.01 Overhead (applied to Hourly Salary only) 2.48% $41.06 Director of Planning & Building Hourly Salary $59.10 10 $591.00 Staff Benefits 27.00% $159.57 Overhead (applied to Hourly Salary only) 2.48% $14.66 Administrative Office Assistant Hourly Salary $16.92 20 $338.40 Staff Benefits 27.00% $91.37 Overhead (applied to Hourly Salary only) 2.48% $8.39 Deputy City Attorney Hourly Salary $44.94 24 $1,078.56 Staff Benefits 27% $291.21 Overhead (applied to Hourly Salary only) 2.48% $26.75 TOTAL CITY CONTRIBUTION TO PROJECT $20,412.76 TOTAL PROJECT COST $70,412.76 /-=1-..<,0 .. _. --_._-_.__. Appendix B Proposed Budget for Completing Second Area-Specific Management Directive for 450 Acres in the Chula Vista Central City Preserve Management Area CITY CONTRIBUTION TO PROJECT Fiscal Year 2003 I Fiscal Year 2004 Staff Pqsition Rate Hourly Contr. I Cost I Rate I Hourly Contr. I Cost Total Cost CALIFORNIA DEPARTMENT OF FISH & GAME CONTRIBUTION TO PROJECT Biological Subconsultant $33,333.00 $17,333.00 $50,666.00 TOTAL CDFG CONTRIBUTION TO PROJECT $33,333.00 $17,333.00 $50,666.00 CITY CONTRIBUTION TO PROJECT Environmental Projects Manager Hourly Salary $34.68 150 $5,202.00 $36.41 150 $5,461.50 $10,663.50 Staff Benefits 27.00% $1,404.54 27.00% $1,474.61 $2,879.15 Overhead (applied to Hourly Salary only) 2.48% $129.01 2.48% $135.45 $264.45 Equipment Depreciation $34.01 $34.01 $68.02 Environmental Review Coordinator Hourly Salary $41.39 10 $413.90 $43.46 30 $1,303.80 $1,717.70 Staff Benefits 27.00% $111.75 27.00% $352.03 $463.78 Overhead (applied to Hourly Salary only) 2.48% $10.26 2.48% $32.33 $42.60 Principal Planner Hourly Salary $41.39 10 $413.90 $43.46 30 $1,303.80 $1,717.70 Staff Benefits 27.00% $111.75 27.00% $352.03 $463.78 Overhead (applied to Hourly Salary only) 2.48% $10.26 2.48% $32.33 $42.60 Director of Planning & Building Hourly Salary $59.10 2 $118.20 $62.01 8 $496.08 $614.28 Staff Benefits 27.00% $31.91 27.00% $133.94 $165.86 Overhead (applied to Hourly Salary only) 2.48% $2.93 2.48% $12.30 $15.23 Administrative Office Assistant Hourly Salary $16.92 13 $219.96 $17.77 7 $124.39 $344.35 Staff Benefits 27.00% $59.39 27.00% $33.59 $92.97 Overhead (applied to Hourly Salary only) 2.48% $5.46 2.48% $3.08 $8.54 Deputy City Attorney Hourly Salary $44.94 24 $1,078.56 $47.19 0 $0.00 $1,078.56 Staff Benefits 27% $291.21 27.00% $0.00 $291.21 Overhead (applied to Hourly Salary only) 2.48% $26.75 2.48% $0.00 $26.75 TOTAL CITY CONTRIBUTION TO PROJECT $9,675.76 $11,285.27 $20,961.03 TOTAL PROJECT COST I $43,008.76 I I I $28,618.27 1$71,627.03 /~ -~ / -..-. Appendix C Proposed Budget for Completing Third Area-Specific Management Directive for 450 Acres in the Chula Vista Central City Preserve Management Area I Fiscal Year 2003 Staff Position Rate I Hourly Contribution Cost CALIFORNIA DEPARTMENT OF FISH & GAME CONTRIBUTION TO PROJECT Biological Subconsultant $52,000.00 TOTAL CDFG CONTRIBUTION TO PROJECT $52,000.00 CITY CONTRIBUTION TO PROJECT Environmental Projects Manager Hourly Salary $36.41 300 $10,923.00 Staff Benefits 27.00% $2,949.21 Overhead (applied to Hourly Salary only) 2.48% $270.89 Equipment Depreciation $54.41 Environmental Review Coordinator Hourly Salary $43.46 40 $1,738.40 Staff Benefits 27.00% $469.37 Overhead (applied to Hourly Salary only) 2.48% $43.11 Principal Planner Hourly Salary $43.46 40 $1,738.40 Staff Benefits 27.00% $469.37 Overhead (applied to Hourly Salary only) 2.48% $43.11 Director of Planning & Building Hourly Salary $62.01 10 $620.10 Staff Benefits 27.00% $167.43 Overhead (applied to Hourly Salary only) 2.48% $15.38 Administrative Office Assistant Hourly Salary $17.77 20 $355.40 Staff Benefits 27.00% $95.96 Overhead (applied to Hourly Salary only) 2.48% $8.81 Deputy City Attorney Hourly Salary $47.19 24 $1,132.56 Staff Benefits 27% $305.79 Overhead (applied to Hourly Salary only) 2.48% $28.09 TOTAL CITY CONTRIBUTION TO PROJECT $21,428.79 TOTAL PROJECT COST $73,428.79 / -< ...<.2.. - '--"-"'-'-_._._~.,_.... RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND ACCEPTANCE OF STATE OF CALIFORNIA NATURAL COMMUNITY CONSERVATION PLANNING (NCCP) GRANT FUNDS FOR RETAINING BIOLOGICAL CONSULTING SERVICES TO COMPLETE A BASELINE BIOLOGICAL STUDY FOR APPROXIMATELY 1,350 ACRES OF HABITAT PRESERVE LAND IN THE CHULA VISTA CENTRAL CITY PRESERVE MANAGEMENT AREA WHEREAS, the City of Chula Vista City Council conditionally adopted the Draft Multiple Species Conservation Program (MSCP) Subarea Plan on October 17,2000; and WHEREAS, the City of Chula Vista anticipates receiving take authorization from the u.S. Fish and Wildlife Service and California Department of Fish and Game for its (MSCP Subarea Plan in January 2002; and WHEREAS, once the City of Chula Vista receives its take authorization from u.S. Fish and Wildlife Service and California Department of Fish and Game, the City would be obligated to complete a baseline biological study for approximately 1,350 acres of habitat preserve land in the Central City Preserve Management Area; and WHEREAS, the cost to the City to complete the baseline biological study for approximately 1,350 acres of habitat preserve land in the Central City is estimated to be $89,079; and WHEREAS, certain local assistance grant funds are made available annually on a competitive basis by the California Department of Fish and Game for Natural Community Conservation Planning (NCCP) Program urgent implementation tasks; and WHEREAS, the City proposes an in-kind contribution of $14,079 for the baseline biological study and seeks grant funding from the California Department of Fish and Game to fund the cost of hiring a biological consultant to complete the baseline biological study and estimates the consulting cost to be $75,000; and WHEREAS, the grants are awarded pursuant to guidelines established by the California Department ofFish and Game for detennination ofproject eligibility for funds; and WHEREAS, said procedures established by the California Department of Fish and Game require the Grantee to certify by resolution the approval to apply for, and accept grant funds and provide authorization to enter into an agreement with the California Department of Fish and Game to implement urgent activities related to the NCCP Program. I M -(-)3 -'-"-- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula - Vista does hereby approve the filing of an application for local assistance for a baseline biological study for approximately 1,350 acres in the Central City Preserve Management Area, BE IT FURTHER RESOLVED that the City of Chu1a Vista appoints the Environmental ProjectS Manager managing the City's Multiple Species Conservation Program as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, and payment requests, which may be necessary for the completion of the aforementioned project. Presented by: Approved as to fonn: Robert A. Leiter Planning and Building Director (H:IShared\PlanningIChristinaINCCPGrant Reso] .doc) - - 2 /~ '..<¥ .- -.. -------_. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND ACCEPTANCE OF STATE OF CALIFORNIA NATURAL COMMUNITY CONSERVATION PLANNING (NCCP) GRANT FUNDS FOR RETAINING BIOLOGICAL CONSULTING SERVICES TO COMPLETE THREE AREA-SPECIFIC MANAGEMENT DIRECTIVES COVERING APPROXIMATELY 450 ACRES EACH OF HABITAT PRESERVE LAND IN THE CHULA VIST A CENTRAL CITY PRESERVE MANAGEMENT AREA WHEREAS, the City of Chula Vista City Council conditionally adopted the Draft Multiple Species Conservation Program (MSCP) Subarea Plan on October 17, 2000; and WHEREAS, the City of Chula Vista anticipates receiving take authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game for its (MSCP Subarea Plan in January 2002; and WHEREAS, once the City of Chula Vista receives its take authorization from u.S. Fish and Wildlife Service and California Department of Fish and Game, the City would be obligated to complete Area-Specific Management Directives for approximately 1,350 acres of habitat preserve land in the Central City Preserve Management Area; and WHEREAS, the City chooses to complete three Area-Specific Management Directives for approximately 450 acres each of habitat preserve land in the Central City rather than complete one Area-Specific Management Directive for the entire 1,350 acres; and WHEREAS, the cost to the City to complete three Area-Specific Management Directives for approximately 450 acres each of habitat preserve land in the Central City is estimated to be $215,469; and WHEREAS, certain local assistance grant funds are made available annually on a competitive basis by the California Department of Fish and Game for Natural Community Conservation Planning (NCCP) Program urgent implementation tasks; and WHEREAS, the City proposes an in-kind contribution of $62,803 for the three Area- Specific Management Directives and seeks grant funding from the California Department ofFish and Game to fund the cost of hiring a biological consultant to complete the three Area-Specific Management Directives and estimates the consulting costs to be $152,666; and WHEREAS, the grants are awarded pursuant to guidelines established by the California Department ofFish and Game for detennination of project eligibility for funds; and WHEREAS, said procedures established by the California Department of Fish and Game require the Grantee to certify by resolution the approval to apply for, and accept grant funds and I /..< - "--"'-""----"--"'-""--""'---" ..,- provide authorization to enter into an agreement with the California Department of Fish and -. Game to implement urgent activities related to the NCCP Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the filing of an application for local assistance for three Area-Specific Management Directives for approximately 450 acres each in the Central City Preserve Management Area. BE IT FURTHER RESOLVED that the City of Chula Vista appoints the Environmental Projects Manager managing the City's Multiple Species Conservation Program as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, and payment requests, which may be necessary for the completion of the aforementioned project. Presented by: Approved as to fonn: }¿ /é ~ Robert A. Leiter John Planning and Building Director City - (H:\Shared\Planning\Christina\NCCPGrant Res02.doc) - 2 I /0{ -.,.< b - ._-- -.---.- .--..,.... COUNCIL AGENDA STATEMENT Item 13 Meeting Date 6/19/01 . ITEM TITLE: A. Report on the Application for the fonnation of Community Facilities District No. 2001-1 (San Miguel Ranch) B. Resolution Approving the initiation of proceedings to consider the fonnation of Community Facilities District No. 2001-1 (San Miguel Ranch) for the San Miguel Ranch Development and Approving the fonn of a Reimbursement Agreement and authorizing the City Manager to execute said agreement. . SUBMITTED BY: Director of Public Works ~ {JW REVIEWED BY: City Manager J~ \lfV (4/Sths Vote: Yes_No~ In compliance with Council Policy, NNP- Trimark San Miguel Ranch, LLC submitted an Application for establishing Community Facilities District No. 2001-1 ("CFD No. 2001-1") to fund the acquisition or construction of certain interim transportation facilities serving Chula Vista and development improvements serving the Trimark San Miguel Ranch properties (Improvement Areas 1 & 2) in the amount of approximately $ 14.9 million. This amount may change as a result of detailed analyses to be perfonned during district fonnation. Staff has reviewed the Application and detennined that the financial infonnation provided is preliminary and general in nature and that the financial feasibility of the project will be more clearly defined as further analysis is completed and bond documents are prepared. Staff believes that adequate infonnation and analysis will be generated during district fonnation for evaluating the developer's financial ability to bring the project to completion in compliance with City's criteria. Therefore, staff is recommending that Council accept the report and initiate the fonnal proceedings for the proposed CFD. Tonight, Council will consider the initiation of this Community Facilities District No. 2001-1 and provide direction to City staff to proceed with the fonnation requirements, boundaries and other pertinent elements. RECOMMENDATION: It is recommended that Council: 1) Accept the report on the Application for the fonnation ofCFD No. 2001-1; and 2) Adopt the resolution initiating proceedings for the fonnation ofCFD No. 2001-1 and approving the Community Facilities District Reimbursement Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The "Mello-Roos Act" allows for the creation of Community Facilities Districts and the issuance of bonds to provide for financing the construction and/or acquisition of public facilities needed for the City or development. In addition, a CFD may also finance a broad range of services, including fire, flood control maintenance, landscaping, library, open-space facilities, parks, parkways, recreational "'" - ----..--- ----- Page 2, Item L Meeting Date 6/19/01 services and school facilities maintenance. Any public facilities, which the City may own, operate or contribute money to, and which have a useful life of five or more years, are eligible to be fmanced through a CFD. Debt services on the bonds are met through the imposition of a Special Tax (explicitly not ad valorem) on properties solely within the CFD. The special tax is collected with the property taxes. There is no direct cost to the City. Expenses related to the ongoing district administration (including levying and collecting the special taxes) are to be funded by the CFD. The ultimate security behind the bonds would be the properties located within the CFD, not the City's General Fund or its ability to tax property within its jurisdiction. Over the course of the past few months, Council has approved agreements with the financing team to be utilized in the processing ofthis type of Community Facilities District. Agreements are with the professional consulting teams of McGill Martin Self, Inc. (Special Tax Consultant and Project Management), Best, Best & Krieger (Bond Counsel), Stone & Youngberg LLC (Underwriters), Fieldman, Rolapp, & Associates (Financial Advisor), and Stradling Yocca Carlson & Rauth (Underwriter's Counsel) to provide services related to intrastructure financing. In addition, Council has approved Bruce Hull & Associates (Appraiser) and The Meyers Group (Market Absorption) as support to the financing team. The selection of the consultant team and their proposed fees are comparable to those charged for existing financing districts and will have no direct impact on the General Fund or the City, but will be funded by the developer and/or property owners in proportion to the relative benefits received from the improvements being financed. The agreements are substantially in the fonn of the City's standard two-party agreement. They have been reviewed and approved by the City Attorney as to fonn. Tonight's agenda will start the fonnation process and set in motion the required steps and schedules for the authorization to levy special tax taxes with the CFD and to incur a bonded indebtedness of the CFD payable trom the proceeds of such special taxes. It is anticipated that if the CFD is fonned, such bonds will be issued in late 2001 or early 2002. Upon approval of tonight's actions, City staff will begin discussion with the developers to enter into an agreement entitled "AcquisitionlFinancing Agreement" to establish, among other things, the public facilities authorized to be financed by the CFD and the tenns and conditions pursuant to which the authorized facilities will be constructed and acquired and bonds for the CFD will be issued. This agreement will lay the groundwork to which Trimark San Miguel Ranch will agree to undertake the design and construction of certain transportation and development improvements. It also specifies what Trimark San Miguel Ranch's responsibilities and cost sharing will be for constructing those improvements. Procedure for fonnation of Community Facilities District No. 2001-1 Following are the key actions that Council would take during the proceedings for CFD No. 2001-1: 1. Approval of the report on the Application and initiation of proceedings for fonnation of the proposed CFD and approval of a Reimbursement Agreement to require that Trimark advance - '-"""'-"-"""""""'--"-""-"" Page 3, Item - Meeting Date 6/19/01 funds to the City to pay for all costs incurred by the City in undertaking the proceedings to form CFD 2001-1 and issuing bonds ofCFD 2001-l. 2. Approval of Resolution of Intention (ROI) to establish the CFD No. 2001-1. 3. Adopting the boundaries ofthe CFD and ordering the preparation of the Special Tax Report. 4. Holding public hearings, voter's election, and levy of the special taxes. 5. Bond sale and issuance. Description of the proposed CFD No. 2001-1 Exhibit 1 presents the boundaries oftheproposed CFD No. 2001-1, which includes parcels located within Trimark San Miguel Ranch (738.75 gross acres). At this time Trimark is anticipating that only 365.15 will be developed (Improvement Areas 1 & 2) with the remaining acres to be reserved for SR 125, open space and habitat preserve areas. At buildout, Improvement Area 1 will be comprised of 1,067 single-family lots, 129 multifamily units, a school site, a community park, and 15.7 acres of commercial, while Improvement Area 2 will be comprised of319 single-family lots. The special tax allocations levied by CFD No. 2001-1 will be below the "2% maximum tax" criteria established by Council Policy. The developer is proposing CFD financing of the following improvements: . Mount Miguel Road East . Proctor Valley Road East . Calle La Marina . Mount Miguel Road West . Proctor Valley Road West . Public Facilities DIF In addition to the above improvements, this CFD' s bonding capacity maybe used for certain interim transportation facilities within the greater eastern territories of Chula Vista. This transportation facility will be traffic capacity adding improvement and could include the following project: . Interim SR-125 . I-80S/East "H" Street an additional on-ramp lane to I-80S The developer is proposing a phased bond sale approach totaling $14.9 million. Based on the actual interest rate and final value to lien ratio, the bond sale amount could be increased substantially. As mentioned, Trimark's phased program envisions the first bond issue being secured by land within Improvement Area 1 in the approximate amount of$9.9 million. The second bond issuance will be secured by the land within Improvement Area 2 in approximate amount of 5.0 million. Report on the Application for CFD. No. 2001-1 In a previous action, Council adopted "The City Of Chula Vista Statement Of Goals And Policies Regarding The Establishment Of Community Facilities Districts" ("CFD Policy"). The CFD Policy provides guidelines for the use of CFDs for financing the construction or acquisition of public -...-...- .-.-...... Page 4, Item ~ Meeting Date 6/19/01 infrastructure or the provision of authorized public services to benefit and serve existing or new development in the City. Prior to Council initiating any fonnal proceedings for fonnation of the CFD, the developer is required to submit an "Application", which would include all the necessary infonnation (business plan, percent of ownership requesting the CFD, etc.) demonstrating the applicant's financial ability to carry out the project. The Application shall be reviewed by a committee composed of the City Manager, City Attorney, Director of Public Works, City Engineer, Planning Director, Finance Director and such additional persons as the City Manager deems necessary. Trimark San Miguel Ranch representative, staff, and consultants met several times to discuss the processing, to clarify the intent of the Council policy, detennine the fonnat ofthe Application, and identify the required financial infonnation. The Application was submitted on May 8, 200 I (See Exhibit 2). The Review Committee met on May 9, 2001 to review the content ofthe Application and detennine the applicant's financial ability to successfully construct the project and pay the special taxes during buildout. The committee has concluded that I) the infonnation provided is preliminary and general in nature, 2) the developer's business plan, although aggressive, appears to be consistent with the current conditions of the real estate market, and 3) compliance with Council policy can not be con finned until various documents such as appraisal, market absorption study, Special Tax Report, and Preliminary Official Statement are complete. These documents will be prepared during the district proceedings and brought to Council consideration prior to bond sale. The report with findings and recommendation on the Application is presented in Exhibit 3. In essence, the Review Committee recommends that Council approve proceeding with the fonnation of the Community Facilities District. Extensive due diligence will be required as the district proceeds to ensure compliance with Council policy. Discussion of Key Policy Issues During the proceedings, several analyses will be perfonned to ensure that the proposed CFD confonns to the requirements of the Mello-Roos Act and Council Policy. Following is a brief discussion on how some key policy issues will be addressed during the proceedings: 1. Proposed Improvements: Improvernents to be financed are backbone streets and associated improvements (i.e., sewer, potable water, reclaimed water, landscaping, dry utilities) providing local or regional benefit. Staff believes that all these improvements meet the requirements of the CFD Policy. A final recommendation on the improvements to be financed by the proposed CFD will be brought later to Council in conjunction with the AcquisitionlFinancing Agreement. 2. Value to Lien Ratio: Council policy requires a minimum 4: I value-to-lien ratio. A ratio of less than 4:1, but equal to or greater than 3:1, may be approved, in the sole discretion of Council, when it is detennined that a ratio of less than 4: 1 is financially prudent under the circumstances of a particular CFD. - - ~-------~~ ~-~ ~--'--"'-' Page 5, Item ~ Meeting Date 6/19/01 The appraisal and lien ratio analysis would be available for Council consideration prior to bond sale, which is planned for late 2001 or early in 2002. Ifthe final analysis shows parcels which fail to meet the 4: 1 ratio, the developer would be required to either provide cash or letters of credit to maintain the lien ratio within the City criteria, the principal amount of the bonds to be issued for CFD No. 2001-1 will be reduced to comply with City policy or provide sufficient infonnation to convince Council that a lesser lien ratio is prudent. 3. Maximum Tax: Council Policy establishes that the maximum annual CFD special taxes applicable to any newly developed residential property shall be no more than 1 % of the sale price of the house. In addition, the aggregate of all annual taxes and assessments is limited to 2% of the sale price of the house. A preliminary calculation of the maximum tax, using estimated house prices, will be available for Council consideration at the Public Hearing. A final test will be perfonned at escrow closing using the actual sale price of the house. Council Policy requires that at or prior to each closing of escrow, the escrow company shall apply a "calculation fonnula" previously approved by the City Engineer to detennine the aggregate of regular County taxes, Mello-Roos taxes, and assessment installments. If the 2% limit were exceeded, the developer would be required to provide cash to buy down the lien to an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate tax to be paid by the purchaser ofthe house meets the City's criteria. Currently, the developer anticipates that this CFD to be in the range of 1.80%. Finally, it should be mentioned that the use of CFDs for public financing, like many other financial decisions, involves a calculated risk and nothing can completely insulate the City from the possibility of future problems. Future owners of the property may express displeasure with paying the special tax, a downturn in the real estate market may cause delinquencies. Indeed, even the master developer may become delinquent when the project is no longer economically feasible. Nevertheless, staff believes that strict adherence to the CFD Policy together with extensive scrutiny by the financing team would minimize the occurrence and consequences of any potential problems. FISCAL IMPACT: The developer will pay all costs and has deposited money to fund initial consultant and City staff costs in accordance with the proposed Reimbursement Agreement. Such monies are eligible for reimbursement upon a successful sale of bonds. The City will receive the benefit of the full cost recovery for City staff (estimated at $60,000). Exhibits: I. Proposed Benefit Boundary Area 2. Application 3. Review Committee Report 4. Reimbursement Agreement H:IHOMEIENGINEERIAGENDAICAS for San Miguel Ranch 6-19-01.doc 6ilI/019:25:15AM -_. EXHIBIT I G -.. -:ç. ~ i u D ~ (f) E7 -1 ùl --1- :=1 -8 ~, ~,~ - \C:çS ): z ËZ -s: :§ ~ ¿ 0 u ~ ì~ E~ -- "" _. ._-- - - I ..- -- - - r, EXHIBIT.6 - -~,~,~ CITY OF CIWLA VIsTA COMMDNß1( F ACILIIIES DISTRICt APPLICATION RBVIltw COMMJ.TII:.E APPLJCA nON mIl. EST ABLISBMENT 0' COMMUNl'lY F ACIUTIES DISTJUCT OWNEUHIF Name of lando1wner: NNP - TI'ÚD8I'k SaIl MJ¡ud lbIIdI, u.c., a DåaW1lR Iiaùtal liabllhy coØl¡lUy Plc:asc d\:5(;J'ibc \he ownrnhip ,~ of the lœdoMier (i.e., individuals, &IIIÜY I:N5t, pa1'1IItnIúp, corporatioJ:l, ~c.), Please Úll;lude rcnlmes orey individuals raspansible fDr makínc dc:c;iliOId far landowner. PI~ include l:Gpics of pønnr::rship agr.:..cIØillo. articles of inc:orpor~ion and bylaW!. family trUSts. $. ~rdip ItnIc:t1Ue Is atI8d8d as EüIbit A. CopIes 0(.. LLC ...-t IUIII PI'DJed ......... ~ II8V.e ba:a pnR'ÏdIII. 80 dae FIJwId8I Ad¥iøor, umer .,....te aJY4\I", p..nll8llt to '11 CòIllìdalUality agJ --øt. If the landowner is IIQt the cum::nt owner of Ebe prøpcny. please plovidc evídeDte s.at:iståcuxy to the City M8œF' 'Chat ÙII: IaI1downa- .rc::prcsea1S CII' ba$ the conse:m: af tile t1WDCI'S nO[ lcss1lwl67%, by area, of tho property proposcd.lO be 8\1bjec;t to u.e levy oftfic special tax.. AppIcut hu 100% Cò)Øltut or tile 1udo1lfDCß ÙI. die praposed dl8tric:t by 'VirrJIe of its sole Iud -.enblp.. PROPERTY INfORMA T'lON Lin the folJovñne reprdiqg the property to be included wiÙÙI11hc proposed Community Facilities District: NumIx:r ofg¡oas a.cn:s: 7J8.7S Number of gross IICrCS owned by the ]8lIdcsama: 731.75 N~ OfgrDSS øcn:s owm:r by ulbas: 0 For e:açh parcel wiUDn the bOUDl:llu-ics of the proposed Community Facili~ DÍS1rÍc:t wbic:h is owned by an CÐtity othw than the laDCIowoer. p:rtJVÏde tÍIe follOWÍll! ÏII1Ürmation: n., .D8DIf(s), a.ddn:ss(cs), telephone numba(s) and c:ontact(s) fer each such QWmI'. Tbe au:cnbc::r of gross ø.c['c5 owned. by aach such ovma-. The A$øcssar's Pan:eI Numben fOr ~h sudI parcel. Number ofaac:s proposed for develCIpIDrIDE: 365.15 Number of KRIS lÙlYeIopati to dale, if any: CQl'Rlldy, the propcrtr is bc:ù.¡ roup cJ'IIdal 011 * -1!IÖ!'ort. sa~12S. C'\dot>.\DPAf~ lOr I!IQIoh arCED. TrioIMLdoc 1 / 7 - _.. ~ -_._.._-_.~--~-----~- ,- List tbc Asac:ssOr's Pand Nwn.bc1s far the pruperty: S9S-01~ §!JS.810.07-4JO S9:S-0 100l:J.:OO 5,s.e1~14-00 sas..nl~ I 5~13~17..oo 5'~'..oo 5ß.OJO...21000 SJ5..1;Jl-I0.Ð0 Hovt long ba'Uc you owned the propcny? LucknnIer bec:øo£ CJWJICr of file tide to * P"'pcrty ID .To'" iJf2000. What 'Was du: purchase pri~ you paid fur ~ propcrty1 S16,15O,ØOO Have you ~ into any option Dr DÙIer form of sgreemœ to seD all or a portion of the properly? YES X NO. If YES, pk:sse describe øranpmmt and aUIIch copies of any apcmcøts describing arra:ngc:r:ncnt Dr:scribe the existing land use a(the property: Laud 1I!IØ œmÏlJt or siQgJD-faaûIy ad DJ1dd.. family n::ØI.eøtiaI. - well - CIØJIIJIIItId8L Is the property proposed for.rcsiti=tiál deYeIopmœI. l.1ommerr;:ial d~YelopJml(Jl:, or both? RF-SfDENTIAL COMMERCIAl X BOTH. Please stale the estimated tQtII.l Jnlm8er of BJIY ri!øicùmtial units proposed aø::1 the cst.imø:tcd total square fcorage of comm.cn::ial dewlapall!l1t proposed. ~tiId C'.nm~ 1.16511ing1&.1IuIIDy detadM:clœt!l 6.30 aCres 119 multi-1ianIb' 11111& Please IttaCh a copy of a buSÏD1:s3 plan for the: dcvdopnu:nl. proposGd an the: propcn# ~ etIICId u !:ùibb:a. A tOpy of die baIå88 pIIm ... ~ prmirJed to tile J1.aaJIdIIl Ad'vt!Ior. IIJIder I!ep8l'8te ~. parsUlØl'l1O . eo1llideldlBHCy 8Ø1'ællll!:Qt. Do YOll in1cud to ~p the. property yourself? X YES NO. If YES, describe the c:xpoct=d. timiDg rot deYdoprat:Øl af tile pr~. If lIVailabJe, plase list projectèd salœ by year. listing commer<:ial and .T<:Side:otial ~op1IIC11t lic:parately, TIle LLC IaIallB ..ÏÐ de1i¥wbl.....CUp 1018 to IØ.!J'C:llilatblàWel"L See tIIe:8œi- PLui.Eùibit D, -hid!. proWles tile projeI:W II&Iet by yar ~rralidead81aDd eollllØ.!ldal res! state. Whal is !be S1atUS of JIIDd. U!It: approvals, mbdlvísian maps aad crMroJ'JJllm1a1 re\'iøw fur ~ ~opme¡rt of the JII"I'III!=r1Y (Le., describe the cW'l'Cllt mniDg aDd the status of any Developux:tn AgrŒIIJJI$, Specific Plans,. t.ermJtlve maps at final maps for the p~ny)? 1'1Ie property wMdl js Iocan:d 011 tile eut: sIdc: of 0-125 - áII ÅppI'O'I'Id..Spa:iJk PlaIa, TI'M, ... œviTo--taI dOClU8all:llllØl wu ~IIY IJ"UD=d .. gradbig. pmnit. Imp"'~t pI8ás, Iiùud .. A~ Map aIM! IDI81i!f bmdsaIpe pm an iJ proœu With tfJe City or Clnda VØt&. C:'dÞVNtfG\A¡lpl¡""'¡;""/b< E.sAaI> øtCfI:l . ~.ðor 2 / ~r - ---- ..-....--..--..---.-.... ...--.....---..........-.-...-'-.-.- .'..'.., - List improvauc:ots propœcd., to,~ fll1llD= through tbc; Con:mIIIniI:y FIICilities District aDd Ibeir œtíma1cd çO&t. List Ibc p'oblic a¡ençy ~ wiD OM!, operate snd. mamtam.the ÏIIIprOYemaIIII WbIm çomplc:ra1 fIIIIe ,. ID die fbIa8œ JiIq chItaI M..-y %7,1001, which .... baa pnMded to tb£ CIIy :M8IIIiþr. I\re Bny public sc:rIÍ\:CS to be finan.c:c:d through tbr: pJOpøsçd Couunwity Facilities District? If so, list those s«'IIÏces. NO Ha~ ADY envirønmeonta1 madim:or n:pon., been prqRIf'1d for tJu, propc:ay7 X YES NO~ If 'YES. lis. !hose reports. Are any implá fees owed fo the City u ac:onditiœ 10 Ak:w:1ap the propcny? X YES NO. If YEs" picua,d_:ribe the,type ofimpact -. amount of the ñx:s and when fees must be paid. AI1IIdIed ~ EI:IaIhb: C (Fee SdaecMto) Are tbr:rc ~ cndanped, $pecùis llabiUlts 0lJ!he ~? , , X YES NO, i:r YES, please idœtify tht. c:ødaq.i:ral spcQc:s, .dcgen"bc the las:atíál1. of their hahilat(S) on 1hc prapcrtY cdlbcribe any .mitigjItion IIICIISura wbii:h must be compkit£d &II . pr~ Iodlc s.ubdivisiœtCll"dr:vdCo1pnR1tof~propc:rty- AtDI:W. - wa. D (Saa MIa-'~ ,4--. .. Miaptlft':~b).n"bilder I'qIl"f8ellb Copies or.. cavlrÐldIIa1181 pa1IIÜII. wbída autIIori81 aD""" dev...,.... Arc I:bc:n: any legal ~:1o me plmmal dewelapme:at of the propcrt)'? If so. plCll8e drscn"be the nature of tbc 1c:pJ.. ÍllJ)lalÌJDal,l(s) aød how' Sll&:h i",",",~ wiD i.n:IpIa ~ pIaDøéd deve1opmem: of the pI'QpI5ty. 'hDIbIy, clue fu appIk::ation ofdleChy'1 GrowfII ~ ~(e.;. sa.125 ~). Ts any dCYdopmcør çum:mly undctwøy an tbc: property? X.YES NO.. If YEs, pIcaso gM: . xeø:tiJ. description. I..adowøc:r is carraatly 10. P'IIdIDg tile property OD the e8bide of6eSR-l2S. Wbat are )"0\11" tang lam plans fur tbc: property; i.e., sale of raw Iaad, sales of improved parœb kI nacham: buillkn, !l8le of product to end users, lC111g term .bald. err,7 Sell l8IIIO11.10 ~en ad ap8lÚ8lltdrn:lapen. Also, øelt COIIIIIID'Cid propaty to . CDID.IIII:r'daI ~'-r. Besides ("-'1l'1lDUnÌty FaciJitia¡ Diama fiDBDccd imprD¥Clllllltll. wbat public and priwte improYellld'dS lUe ~ to ~ the prOpa'ty. am bow are UJey proposed 10 be tiDaDI:c:d? '. Set 8-- flu l:ùibit 11. P1easc atta&;b ~ mast reccrit copy of ycur fiœ.actal. statemenrs. incWding audiœd SI8tzmaIts.' ;if II1IaiJabk. If you arc a piib1id.r.: held 1;OIhpUI)'. plœ:sc list the œte ofy.DU1.1ast lOQ or 1 OK fi\ii1g I.IId ~ a copy of your IDÐIt nœm AIIt11IÚ,iRepon. Rdb p-...du J:.xIt,IhIt E. Ii1I18J1d8J R4-~ høe ... .-..w.:. eO fM 1'1"""- AtMso~, ai.fa. ~ cuver. pun-- ...~. . CD~ .~-~t. . C:"""'\Qf~ JillrBDb DfCI'D."J'tirrna1(.&b; 3 .. J ~ --_..._._~ _.- - !J¡c;1wIe lit laut oøe nIfi::rmœ from . bImk 01' ~ìsl imtitutÌDD, iDclw:Iing DJIIDI; addnss and telephoœ DlJlDbcr. ...... R..-........ ~ :r.d" CerplndIo. AUIIdIu: L JW6'~ 111 U.....- CIty bIÌI; s... lno UIIMn8I C1I:r, CA ,.fi88 T~ I'lL (111) '38-1211 Are there lID)' axÎsriDg. trust dr:cd5IJœus OD t:hc propertY? Plaue atate the na~ IdŒCI5s aDd u.IqIhDrœ DIJIIIber of die 11S111iq iDstitutiœ and the appraxima1c - IIIIIØUJIt.. y., ft - "'-Y; Ncw1881 N~ ~ Ll". A.a ,"-'~ I of" tIo4"""""'.""" ...... cI8 D8d øf' TJ1IIt ..... Rð.id.t11i61 ~ Co......, . bdøn.re c:arpol1ldaa, .. ~ 1.-. ~I SZ9.8OD,aoo a-Ad~ ~ Col"pOndloa AfIII:IdiM¡ L KIIt1iA DGbI 10 U8iwn8I CIIJ ,... S- 1m Ulllverua aty, CA 91111 T ...,........ No. (818) 738-12 11 NewIøIl'l"'l~ '-P. AtØIIIIaa: D8'ek C. ~ 5MØ4 c- ^~.s. DO IA o" CA 92131 T~- No. (IS) e;s. 7S(ß Has c.onstnlctiœ financing fur ~ oftbe propl15Cd. developmr:ut. IM:Ð obfaiœd? x YES NO. lrYES, plc:ase dcsn-œ the: $ODI'CI:Ianci unotmt of sw:llioan. Lœa A18PIuIr: m.øoo,ooe Eq8ty A.ølut: Sl4.,U:!i3,S911 What is 1be c;umnt SIaI.U8 of propcny tacs, special 'IIIXIIII 8Dd ~C5SmCDts WI the pIO~? ~ PAID DELINQUENT. Have.uy property 1Ui'S ar ~ OD ti1c pl'Oþl!t(y beet deIiøqut!dt Ü..anytimo during 1M put 3 yrar:s? IfYBS, please Qpll1n. ne' prvpeny tuB .I8aw ilia II&pt C!III'I'QI ....Iaado....... ~ b the 1andowDrz. ~ subsidiaiy cmil)' or af!iIiatsI- or ..... CIItity of the ~ c:un'1:IIÜy døI~œt Of bas tba fabJDMIIt.: or any IIIhsidiuy aity or af6Iiaœd cnrity Df a. ~ .In IÌIe last fiw (S) YellJ1J be8II ddiØ¡umt in thI: pqIIJIU of áuy propc:tty taxa. sJ*lw \WS .or' IIBSIiIISIDIIIIU an property o\lfJUld outs1de of the propœed bouDdaics of t1m Cammwùty Faeili1:Îe!i Dï.trict? YES X NO. If YES. please itkm.ifY me ~ -*h is dc:IliDqncm m s~h )IIymeut.s, the: nøture of such amity íf the entìty is DOt ~ ~ aDd ill reJati(q)ùp 10 tk C:'àuaIbPti'~ i:Ir Eab Gl"CI'IJ -- Tdm8d:..AaI 4 () - -.....-.-.....-...-----....--.-.. ".m.'.... .-....---...-- 1IDdøwnBr. 1bø jurisd~ in which the dcliDqUlllt propcll'ty is œatl:d, the amoUDt of &he doIiIIqUll::8q'. the dm8ûc1p øf'1be ~ md any lepl ~ wIùch have bø:.o initiatai by or 011 babaJf of1bc jurisdicúoø- to RICDftI'. ~-t..~. 1.& tbe laDdawøer (or any sutlsilfiary œth.y or afBüataJ or rdatId cQity of dill IudO'WJJl!R') noW dcltiuqllalt or in dcfalll1: lID ay &c.as, liII8I of' cndk or œber obtiptÎCID I'dInId to tills property or ~ ~ pru,¡=s? YES X NO. Has Ibe 1a1llknuna' (or uy ¡LlbaidÏlly emiry or aJfiII.ûd or idatld cmr.ity of1be ~) beat ÌD IIafault 011 any Iaaos, 1iIIIs of crullt or orh&:r obJiptiou in the put tIw )c:IU'S rdataI to the property or atba dc:vcIopmcøI projcds7 YES X NO. IfVBS. plcuc r;¡¡;pJain. Haa die Iaødows:r or ID.Y subsàll8ry erøity ar aßjJiatcd ar relata! c:atity of 1be IadownI:Ir C'UCI' fiJed. for bøIIkrupÞ:.'y Œ bœn œcland b8nIuupI7 YES X NO If YES. specifY aøtØy which filed ar ~ or bas bc:cn dII:JaraI bukrupt, Ihr:: - and lacaticm. of coutt wtlere babuptçy .ction tOOk pl8œ, the euc; title and the sl8tu!l of- b8llbuptcy pnx:eedtnp: Has my claim belli l118œ or IWt baea fiJed, or is IJI)' clÚØI or suit POW tl:na1lliØd apì1llt the ~ ~ rœpc¡;t to Ibo propoIIIed dcM:1opmœt oftbc pl"tlf'Cl1:Y? YES X NO If YES. please aUlCb . "'PY o!.\:be c:amplaiøt, or if uœvailable. piGUe list the; c:ourt in wbioh the actioD is peoding ItJJd dIa C85~ nUmber aDd ~ the wmII( SI81UI of Ibe lidplion, or if till' claim or action h.s not ,!!It ham fiJed pJca$e adaCh allY d~ a\llDllllrizmg the ~im or .aiao: ~ thin a.øy oØu:r fi:nøemble c:i1'ClllllS18IICC8 DØ1 dlKritllld .tIovc th8t ÇOuld prowœ1 .r:rr 5 ipifbm/)' delay cœ propcIIIId,: davciopmcm of die property or Idvcnely impad: 'tII: Ibi1i1y of the Iandownd' to ,.y the aaticip~spec.iaI taxis ID be levied on (he prapIItY 0WDad by lbe ~ duriDg tbI= ~ øf11le pn:IpCI'ty7 YES X NO. If YES. plrue eçIaia.. PIaaøe lRtaclIa copy afywr mast re:œm preljl1Úlllly title report farthc property. AttK8d - ExIðit ,. P1c:ue ~ . capy of the .most recent ~ bill(s> fat r.be pI'OJI8ftY ud ~ th8l c.um:at lnsrai1lJ:JellD dlle ba- tIer:n. pIIid. Tœ tax bill wiB also be I'IIYÍDWIIdIO d!#CII1IIÌ* ovarIappiDg tD IDtaI. I'II8Ie ...... SeMI- B ør die prdIÞIImuy title report. wtdcllllldIIIdIId .. EsIdIIÞ: F. Ha1l~ you proridcd a dcpœh 10 1bc CRy 10 pay or¡ui:wioDal UJd formatioo ÇDSts? V" :111 die --- ofSJ5'7,.ø.. c:'d&D\I1I'AI'Q~1II' 8..1:0 afCfI). Tn.-k- s II ._. ... _.. "_.. ':.0:-:-<::- -'--- -- '--':'-;,'----;,'-' RELATED Pll.0Æcr JNli'ORMATION Has an absorp1ioø. øudy boen daÞe for 1bes prClpCllCd drndopIIIaø of ~ praparty witbin ¡be last t"I/tI yœn? If Ja. pJeaae puyide . c:opy. PIt8e..... PIlla EdÐI8I II. Hu ID apprùIa.I bcaa dœ<e fw the property witbØ:I tbe: laat two Y_D'1 If 110, pkue pn:rvide . copy- IfDØt, pkøe providD'currem yœr 8.,œscd values fDt .U parœIs. y-....... Mardi 28, 2000 .. ....... . 'EùIWr G. EXl"ltRŒNCE- OF I..ANDOWJIŒR GROUP Dœcribc die devoloprneø c:qaicmce of the~, Brid]y daioribc any c;umm or ra:cøtly CDIIIpktld deIodopnlCllb UIIIII:irtùz:In bot the Iaadøwnør. A.-.y of ~.. dr:v ~t cs.~ ~ døcrib¡,d bt ExIdbIr,R. Please prov1de cmpc:nte Ii~mn aad salcrJ brDcbW'ell. if aw.ilablc.. AIt8dIII4.. EDIbit R. PAYMENT OF T AXESI ASSESSMENTS. Dœcribe me source of f"uøIb ltat )'au wilIlØO to psy spcçial taØII rø be lcwíed 011 your ptOpart:)' ~ COI!IIIEtion wiLlI !be CCllDlllUllÍIY PacillIims Dillrict (i.e.. baIìk saWlp,. ltmd IIÙ proceeds. loin Prcceeds. etc.). c.Ja nwna ..... by ~-'. ....... p:rDCI8Is'" .... ~ Do yOU f~ IIØf difIic;uhy ÌD your ability It) I1UI.Iœ timeI)' p8)"1D121t af ÚIð S}*Í&J taxes 1Ð lie impaled? YES X NO. If YES, pJaøc: c:x.plain. Jf- .\'11 addiôonal qUlilltions rcprdiQ¡ y,* proJHft)', v.iIÞ is the appropriate)!lanoD to ..cmtact1 NtJbø: )tr. S""'~'L:,""" Title: 111-1..&"","" ~~..I Addr1:øs: e A. ~ - i.:S"". ABan ~'9- !ä656 Phone NtIIIIb«: ,0.t6S-iS5 PLEASE RETURN THE COMPLETED FORM AND ATTACHMENTS TO: Mr. Robert I'bwdI CIty efCII... Vida The uDder&iøœd beftÐy certifies thaI the fore¡øibl intDrmation is true IlId cømct IS of ~ dale B4 fartb below. L8!Idøwœr Date: By: NNP- Tri:mørk Sin Mi¡ual R.aø=II, LLC. a ~lawlIJ'e Ihnib!d 6ability company By: S1IIDa Eo. II8ta' c: 'cia. \DNtP~ - IÕeb or qþ . TI'ir8øIuIDc 6 / - -- - - ---,--_.._-,------------ - , NOTICE REGA.RÞING DISCLOSURE. The Securities and Exchange Commission na:mly adopted amaJdzncrds (the '"Arnendmems'") to Rule 15e2~12 undc:r the ScaJritics ExcJaugc Act of 19:W relatÎng to c:crtaiA required djsçlœure infbrmation that ntIISt b~ made available to prospective purcb.,ers of rDUBil:ipl,l bonds, Under the Amc:tIdmcm1!l and other ñdcnIl and SlAtt securi!ie:s laws, certain rnate:rial Ûlformatian DRiSt be di!ll;losed (i) in cannectiDu with the initial affi:riDS of bonds wi1b reap:z:t to "ma1Ø'iaI pa'5OllSn; and (ii) 011 aD ongoing bWs wùh.respect to "'obligated pmøns." Whethar .. ptupc:rty oW1ler/de'le. m.igtd be II mat&rial person 01" 811 obligated person will dI:pènd an all of the fiI.œ aDd círt:umJœœes. If tbe iDf'ormation you prcwidc in response to thiS questúmraire indicaus 1his miPt be the çase. me timDK;ing team will n:view with you thC information mat may N:ai 10 be dhelcscd CO potential Boød Ï"IIv1:Stors in ocda- to satisfy the ADlciDdmc:nts aDd othCl" fUIcftllJlll state: secwities laws. : If ÏJlfonnatiœ on the proposed ~ of yolu property 1$ disclOllad in ~ion with the sale oftbe Bond.~ you will be ~uircd to certify at that time thin the iDfurmø.tion is true and cortc;t and does DOt omit to state my matr:ria.l fact. C:'da"'\ÞP&œ~ Ibr Eotab "ran. TriIaadr..<kx: 7 .- - .- -----------." ~XBT 3 E 111 I --< CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT GOAL AND POLICY REpORT APPLICATION OF NNP - TRIMARK SAN MIGUEL RANCH, LLC PROPOSED CFD 2001-02 GENERAL BACKGROUND The applicant is NNP - Trirnark San Miguel Ranch, LLC, a Delaware limited liability company. NNP - Trirnark was formed on July 14, 2000 between Newland National Partners, Trimark SMR, LLC and Trirnark Pacific San Miguel, LLc. Newland National Partners is the rnanaging rnember. The purpose of the company is to own and develop residential properties in Chula Vista. The applicant has 100% consent of the landowners in the proposed district since it is sole owner. The boundary of the proposed C.F.D. contains two improvement areas. Improvement Area I lies east of the proposed SRI25 and Improvement Area 2 is to the west. Currently Improvement Area I is being graded. [Important Area 2 is in a raw land status] The proposed CFD contains 738.75 gross acres. Developrnent is expected to take place on approxirnately 365 acres. The project is anticipated to contain 1,265 single family detached unites, 129 rnulti-farnily units and 6.3 acres of commercial. Improvernent Area I has an Approved Specific Plan, Tentative Tract Map, cornplete environmental clearance and a grading permit. [What is status of IA2] UNDERLYING PRINCIPALS OF GOALS AND POLICIES 1. Protection of the public interest, 2. fairness in application of special taxes to current and future property owners, 3. full disclosure of special tax liens, 4. credit worthiness of special tax bonds, 5. protecting City's credit rating and financial position, 6. applicants pay all costs associated with C.F.D. formation. C:\%Cache%\OLK8345\Application Review.doc ! I 1 I .-. _.. _...-...- FINDING OF PUBLIC INTEREST OR BENEFIT Policv Summarv The City Council rnay authorize proceedings if the Council detennines that the public improvernents to be financed provide benefit to the community at large as well as benefit within the C.F.D. Application The application states irnprovements to be financed include grading costs, sewer, water, storm drain, street, street lighting and other utilities. These improvernents are associated with Mount Miguel Road, Proctor Valley Road, and Calle La Marina. Discussion AUTHORIZED PUBLIC FACILITIES Policv Summary Improvernents rnust be public improvements, which will be owned, operated or rnaintained by the City or other public agency. Improvements rnust serve a neighborhood area or greater. Application Most improvements proposed to be financed will be dedicated to the city for ownership, operation and maintenance. The water facilities to be financed will be dedicated to the Otay Water district. This will require passage of a joint financing agreement by the Otay Water District. All facilities have local or regional benefit. Discussion C:\%Cache%\OLK8345IApplication Review.doc 2 / - --- PRIORITIZATION OF PUBLIC IMPROVEMENTS Policv Summarv First priority of a C.F.D. established by the City is the provision of public irnprovernents benefiting the City. Second priority is the provision of public irnprovernents owned, operated or rnanaged by other public agencies. Application All irnprovernents, except water, will be owned, operated and maintained by the city. Water facilities will be dedicated to the Otay Water District. Discussion AUTHORIZED PUBLIC SERVICES Policv Summarv Public services proposed to be financed may generally include 1) parkways, rnedians and open space; 2) drainage and flood control and 3) other services authorized by the C.F.D. Act and adopted by the City. Application No services are proposed to be funded by this c.F.D. Discussion INCIDENTAL COSTS Policv Summarv Certain eligible incidental costs may be financed via special tax bonds. Those incidental costs must be directly related to improvements financed by proceeds of such special tax bonds and are subject to not to exceed percentage limitations. Application A breakdown of incidental costs is not included with the application. Discussion C:\%Cache%\OLK8345IApplication Review.doc :3- 3 - -..---. REQUIRED VALUE-TO-DEBT RATIO The required value to lien ratio rnust be at least 4: 1. Application The value to lien ratio is not known and will not be known until completion of the appraisal and final determination of facilities to be financed. The application states the original acquisition price was $26,250,000 in July 2000. An appraisal prepared for a potential lender provided an "as is" value as of March 1, 2000 as $31,600,000. Of this arnount $22,150,000 was allocated to the eastern portion and $9,450,000 to the west portion. Discussion CRITERIA FOR APPRAISALS Policy Summarv The City has specific requirements for appraisal content and objectives. Application The application does not address criteria for appraisals. The City's finance tearn will direct the appraiser and provide guidance on scope of work and methodology consistent with policy. The City has hired the same appraiser that worked for the City on all other recent prior C.P.D. 'so Discussion MAXIMUM AGGREGATE TAXES AND ASSESSMENTS Policv Summarv The maximum annual special tax installrnent applicable to any residential parcel shall not exceed one percent of the sales price. Total taxes shall not exceed two percent of initial sales price. The C.P.D. policy provides a rnechanisrn to buy down to 2% at closing to rneet the maxirnurn tax policy. Application The application does not address overlapping debt however a letter and bond sizing analysis dated February 27, 2001 lists a base advalorern tax rate of 1.035% and an estimated maxirnurn tax rate of 1.8%. This includes the impact of a proposed c.P.D. of the Chula Vista Elementary School District. Discussion SPECIAL TAX REQUIREMENTS Policv Summary The Rate and Method of Apportionrnent shall adhere to specific requirernents detailed within the policies. C:\%Cache%\OLK8345IApplication Review.doc 4 I -. ----H"__"'_....--.--..--......-..---.. Application The City has selected and hired McGill, Martin & Self as Special Tax Consultant. They will be charged with preparing a rate and method ("RMA") consistent with City guidelines. It is anticipated the RMA utilized in other recent C.F.D. 's will serve as a model for the proposed C.F.D. Discussion TERMS AND CONDITIONS OF SPECIAL TAX BONDS Policv Summarv All terms and conditions of any tax bonds issued by the City shall be established by the City. Application Terms and conditions of a bond sale have not yet been discussed and therefore are not yet determined. Terms of a bond sale will be determined during the bond phase by the City's finance tearn that includes staff, financial advisor, underwriter, bond counsel and other participants. Discussion DISCHARGE OF SPECIAL TAX OBLIGATION Policv Summarv Special Tax obligations rnay be prepaid and discharged in whole or in part at anytime. Application The City's Special Tax Consultant will prepare a rate and rnethod that contains prepayment provisions. Discussion C:\%Cache%\OLK8345IApplication Review.doc 5 t - -----'---""----'- PROPERTY OWNER DISCLOSURE Policv Summarv Applicants are required to dernonstrate that there will be full disclosure of special tax obligations to prospective purchasers of property. Application A form of disclosure was not provided with the application. Typically, disclosure forms are prepared by the merchant builders at the tirne of sale to end user. Discussion PREFORMATION COST DEPOSIT AND REIMBURSEMENTS Policv Summarv All City and consultant costs inculTed in application process and proceedings will be paid by applicant by advance deposit. Application The developer has provided a deposit of $157,5000 for consultant and City costs. This arnount was based upon a city request for that deposit amount. Discussion SELECTION OF CONSULTANTS Policv Summarv The City shall select and retain all consultants. Application The City intends to keep in place the financing and consulting tearn used on other recent C.F.D.'s. Discussion C:\%Cache%\OLK8345\Appllcation Review.doc 6 _. -.. .-.-. .._.__._----_..~ ----_. LAND USE APPROVALS Policv Summarv The City rnay issue bonds secured by special taxes when a) properties have received applicable discretionary land use approvals consistent with financing assurnptions and b) applicable environmental review is cornplete. Application The application describes the status ofland use approvals as follows: Important Area I has an Approved Specific Plan, Tentative Tract Map, environmental clearance and a grading pennit. [LA. 2 status to come] Discussion APPLICATION PROCEDURE FOR DEVELOPMENT RELATED c.F,D,s Policv Summary Any application shall contain such infonnation and be submitted in such fonn required by the City Manager. In addition each application rnust contain: 1. Proof of authorization if the applicant is not the owner. 2. Evidence that the applicant represents the owners of not less than 67%, by area, of property subject to proposed levy. 3. A business plan for the developrnent of the property that reviews the financial feasibility of the C.F.D. and demonstrates the ability of the owner to pay special tax installrnents and any other taxes or assessments until full build out. Application The application, provided on various dates around May 8, 2001, included the following iterns: . Operating Agreement ofNNP - Trimark San Miguel Ranch, LLC . San Miguel Ranch Annexation and Mitigation Agreements . Appraisal of San Miguel Ranch prepared for Housing Capital Company . Environrnentallmpact Report/San Miguel Ranch . Financial Staternents NNP ~ Trirnark San Miguel Ranch . San Miguel Ranch Pro Fonna The infonnation provided is prelirninary and general in nature. Extensive due diligence will be required for the preparation of a disclosure docurnent and final City decision to issue bonds. C:\%Cache%\OLK8345\Application Review.doc 7 - .-". --.----.-..--.--- Discussion C:\%Cache%\OLK8345IApplication Review.doc 8 /3 - ._-_._....._- ...-----.----.-------- EXHIBIT L.. COMMUNITY FACILITIES DISTRICT REIMBURSEMENT AGREEMENT (NNP- Trimark San Miguel Ranch, LLC) ~ THIS AGREEMENT is made and entered into this iL.... day of ~...:> \..\..-<2.- ,2001, by and between the CITY OF CHULA VISTA, a charter city ("City"), and NNP- TRIMARK SAN MIGUEL RANCH, LLC, a ~lifôffiiti limited liability company ("Applicant"). ~~e. ~ RECITALS A. The Applicant has made application with the City to request that the City initiate proceedings under the provisions of the "Mello-Roos Community Facilities Act of 1982," as amended (Government Code Section 53311 and following), to form a community facilities district (the "Community Facilities District") to finance the acquisition and/or construction of certain public improvements. The construction of such public improvements is required as a precondition to the development of properties owned and/or to be developed by the Applicant within that area of the City commonly known as San Miguel Ranch. B. Applicant agrees to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the Community Facilities District and to subsequently authorize, issue and sell bonds for the Community Facilities District (the "Proceedings"). Such monies shall be subject to reimbursement or credit pursuant to the provisions of this Agreement upon the successful sale of bonds for the Community Facilities District and the receipt by the City of the proceeds of such bonds. C. The parties hereto wish to enter into an Agreement to memorialize the tenns and conditions pursuant to which Applicant shall advance monies and the monies so advanced may, subject to certain conditions contained herein, be reimbursed or credited against future special tax obligations. AGREEMENT The parties hereto, for mutual consideration, agree as follows: SECTION 1. Advances, A. Applicant shall advance monies to the City in such amounts and at such times as specified below to pay all costs and expenses incurred by the City in undertaking the Proceedings (except those costs and expenses which are contingent upon the issuance of bonds for the Community Facilities District and payable solely from the proceeds of such bonds), including without limitation, the following: 1. Special Tax Consultant services; 2. Bond counsel services; 3. Financial advisory services; 1 - .--.-.-----.-...........-.--- 4. Appraisal and market absorption services; and 5. City staff and City Attorney time. All such costs and expenses are collectively referred to as the "Formation and Issuance Costs." B. Advances shall be made to the City pursuant to the following schedule: 1. Applicant shall advance the amount of$157,500, receipt of which is hereby acknowledged by the City. 2. If monies in addition to the initial advance are necessary to pay for the Formation and Issuance Costs, the City shall as necessary and from time to time make written demand upon Applicant and Applicant shall immediately thereafter, within five (5) working days, deposit said monies with the City to pay for the balance ofthe Formation and Issuance Costs. Ifsuch additional monies are not timely received, all Proceedings shall, at the option ofthe City, be suspended until such monies are received. SECTION 2. Records, The City agrees to keep records consistent with its regular accounting practices of the amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter into and maintain contracts with all consultants which shall specify the scope of services and compensation to be paid to all such consultants. Such records and contracts shall be available for review by the Applicant during normal business hours upon reasonable notice to the City. SECTION 3. Reimbursement, If the Community Facilities District is formed, Applicant may elect among the following options for the reimbursement of monies advanced pursuant to this Agreement: A. All monies advanced shall be reimbursed in cash solely from bond proceeds; B. All monies advanced shall be applied as a credit upon the special taxes to be levied against properties then owned by the Applicant; or C. A combination of the above. Ifthe Proceedings to form the Community Facilities District are not completed and are abandoned for any reason at any time prior to the successful sale of bonds or the Community Facilities District is unable for any reason to issue or sell the bonds, there will be no obligation on the part ofthe City or the Community Facilities District to reimburse Applicant for any monies previously advanced pursuant to this Agreement; provided, however, the City does agree to return to Applicant any monies previously advanced which remain on deposit with the City and which the City determines are in excess ofthe amount necessary to pay for any outstanding Formation and Issuance Costs previously incurred by the City. SECTION 4. Ownership of Documents. All plans, specifications, reports, appraisals and other documentation as prepared as a part of the Proceedings shall become the property of the City, regardless as to whether the Community Facilities District is actually formed. 2 / - --..-...--...-.......- .-.....---.....--. SECTION 5. No Obligation to Form Community Facilities District. Applicant acknowledges that the decision of the City Council to fonD the Community Facilities District is an exercise of the legislative authority of the City Council and that the City may not enter into a contract to obligate the City Council to exercise its legislative discretion in a particular manner. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the fonnation of the Community Facilities District. The City expressly reserves the right to abandon the Proceedings for any reason at any time prior to the completion thereof. Should Applicant desire to abandon the Proceedings, Applicant shall provide written notification of such desire to the City and request the City to immediately tenninate all consulting agreements and use all efforts to minimize any and all Fonnation and Issuance Costs. SECTION 6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 7. Arbitration. Any controversy arising out of this Agreement or its breach shall be settled by arbitration if, prior to the commencement of any legal proceeding arising out ofthis Agreement or its breach, either party demands by written notice that such controversy be arbitrated. After such demand, and within ten (10) days from such demand, the parties shall attempt to designate a mutually acceptable individual to arbitrate the controversy. Ifwithin the ten (10) day period the parties are unable to designate an individual, the controversy shall be arbitrated under the rules ofthe American Arbitration Association, and judgment on the award rendered by the arbitrator chosen by the parties or used pursuant to the rules of the American Arbitration Association may be entered in any court having jurisdiction and shall be fully binding on the parties. SECTION 8. Authority to Execute Agreement, The City and the Applicant represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. SECTION 9 Best Efforts, The parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. SECTION 10. Successor and Assigns, This Agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors and assigns. Applicant may not assign its rights or obligations hereunder except upon written notice to City within ten (10) days ofthe date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee in writing delivered to the City of the rights, duties and obligations of the Applicant arising under or from this Agreement, Applicant shall be released for all future duties or obligations arising under or from this Agreement. SECTION 11. Singular and Plural; Gender. Whenever used herein, the singular number shall include the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall include the others whenever the context ofthe Agreement so indicates. 3 - -.. -... ._------- SECTION 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof. This Agreement may not be altered, modified or amended except by an instrument in writing executed by all of the parties. SECTION 13. Governing Law. This Agreement has been executed in and shall be governed by the laws of the State of California. SECTION 14. Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. SECTION 15. Severability. In the event that anyone or more of the provisions of this Agreement that is or are material to the entering into this Agreement by either Applicant or the City shall for any reason be held to be unenforceable in any material respect by a court of competent jurisdiction, Applicant and the City may mutually agree that such unenforceability shall not affect any other provision of this Agreement, and that this Agreement shall be construed as if such unenforceable provision or provisions had never been contained herein. If Applicant and the City fail to so mutually agree, this Agreement shall terminate, without penalty to either party, after the giving by one party of thirty (30) days' prior written notice to the other party. In such event, the City shall use all efforts to minimize any and all Fonnation and Issuance Costs and shall return to Applicant any monies previously advanced which remain on deposit with the City and which the City detennines are in excess ofthe amount necessary to pay for any outstanding Fonnation and Issuance Costs previously incurred by the City. SECTION 16. Notices, All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party gives notice of a change of name of address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. CITY: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager APPLICANT: NNP- TRIMARK SAN MIGUEL RANCH, LLC c/o Trimark Pacific Homes, 85 Argonaut,Ste.205 Aliso Viejo, CA 92656 Attn, s¡~ve Hest~r ., SECTION 17. Time of the Essence, TIme IS 0 t e essence m the perfonnance of the partIes respectlve obligations herein contained. SECTION 18. Waiver. The waiver by one partyofthe perfonnance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both parties of the time for perfonning any act shall not constitute a waiver of the time for perfonning any other act or an identical act required to be perfonned at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent 4 J - '_"._0.__.._.--....-...------- remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. SECTION 19. Amendment. No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. SECTION 20. Hold Harmless, Applicant shall defend, indemnify, protect and hold harmless the City, its elected officials and appointed officers, employees and consultants retained for purposes other than fonnation ofthe Community Facilities District, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising directly or indirectly out of the waiver by the City Council of the City's procedures for the selection of any ofthe consultants identified in Section 1. and retained by the City to assist in undertaking the Proceedings. Applicant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incUlTed by the City, its officers, employees or consultants retained for purposes other than fonnation of the Community Facilities District in defending against such claims, whether the same proceed to judgment or not. Further, Applicant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, employees or consultants retained for purposes other than fonnation of the Community Facilities District. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the consultant. [Remainder of this page intentionally left blank.] 5 / -..-.. ----. Signature Page to Community Facilities District Reimbursement Agreement between the City of Chula Vista and NNP- Trimark San Miguel Ranch, LLC IN WITNESS WHEREOF, City and Applicant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its tenus. CITY OF CHULA VISTA By: City Manager Attest: City Clerk Approved as to Fonn: City Attorney City of Chula Vista NNP-TRIMARK SAN MIGUEL RANCH, LLC, a ~ &ea.-Mò1'ftÎ1i limited liability company, ~~CU-- BY:~~ Its: \.J ~ ~ '?..~<:7, By: Its: 6 - -. - .--.. ...-.....---- ----....--.--.- R RESOLUTION NO. 2001- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) FOR THE SAN MIGUEL RANCH DEVELOPMENT AND APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the CITY OF CHULA VISTA, CALIFORNIA, has been presented with and has received an application from NNP-Trimark San Miguel Ranch, LLC (the "Applicant"), requesting that this City Council initiate proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following)(the "Act") to form a community facilities district preliminarily designated as Community Facilities District No. 2001-1 (the "District") for the purpose of financing all or a portion of the cost of the acquisition of certain public facilities necessary to serve proposed development within the District; and WHEREAS, the Applicant has requested that the District encompass that territory within that proposed development known as the San Miguel Ranch; and WHEREAS, such application has, as required by the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities District (the "Goals and Policies") previously adopted by this City Council, been reviewed by the community facilities district application review committee (the "Review Committee") designated in such Goals and Policies; and WHEREAS, based upon such review and pursuant to the Goals and Policies, the City Manager has recommended that this City Council accept the report of the Review Committee and authorize the initiation of proceedings to consider the formation of the District subject to subsequent compliance of the proposed District with the Goals and Policies, including without limitation, the financial feasibility of the proposed District and the development of the property within the District; and WHEREAS, the Review Committee further recommends that the formation ofthe District also be conditional upon the financing by the District of such proportionate share of the cost of the acquisition or construction of interim transportation facilities as the Applicant and the City shall agree; and WHEREAS, the form of a Community Facilities Reimbursement Agreement pursuant to which the Applicant has agreed to advance funds to the City to pay for all costs incurred by the City in undertaking the proceedings to consider the formation of the District and the issuance of Bond by the District has been presented to this City Council for its consideration. I - ---.-.-.-...-- "--.._. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby accepts the Review Committee report. SECTION 3. This City Council hereby authorizes the initiation of proceedings to consider the formation of the District as requested by the Applicant subject to all requirements of the Act and the Goals and Policies. The formation of the District shall be conditional upon, among other things, the financing by the District of such proportionate share of the cost of the acquisition or construction of interim transportation facilities as the Applicant and the City shall agree. The funds necessary to finance the acquisition or construction of such interim transportation facilities may be provided as the parties may agree, out of the proceeds of the first series of bonds issued for such District and shall be reserved and set aside solely for the financing of the acquisition or construction of such facilities, The decision of this City Council to form the District is an exercise of the legislative authority of this City Council. The adoption of this Resolution does not, therefore, obligate this City Council to exercise its legislative discretion in a particular manner. This Resolution does not in any way create a contractual, legal or equitable obligation of or commitment by this City Council to approve the formation of the District. This City Council expressly reserves the right to abandon the proceedings to consider the formation of the District for any reason at any time prior to the completion thereof. SECTION 4. The form of the Reimbursement Agreement by and between the City and NNP- Trimark San Miguel Ranch, LLC is hereby approved. The City Manager or the Deputy City Manager/Director of Finance is hereby authorized to execute such agreement for and on behalf of the City with such changes thereto as such officer, following consultation with the City Attorney and Best Best & Krieger LLP, deem to be in the best interests of the City. SECTION 5. This Resolution shall become effective upon its adoption. Presented by Approved as to form by CL~ ~ John P. Lippitt John Kaheny Public Works Director City Attorney J:IAttorneylresolInitiating Proceedings CFD 2001-1, 6-19.doc 2 - - --- '-'--"--"'-'-'--"'----"" COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 6/19/01 . ITEM TITLE: A. Report on the Application for the formation of Community Facilities District No. 2001-2 (Otay Ranch -Portions of Village Six and Village Seven) B. Resolution Approving the initiation of proceedings to consider the formation of Community Facilities District No. 2001-2 (Otay Ranch - Portions of Village Six and Village Seven) for portions of Village Six and Village Seven of the Otay Ranch and Approving the Reimbursement Agreement and authorizing the City Manager to execute said agreement SUBMITTED BY: Director of Public Works r REVIEWED BY: City Manager G K/. tV (4/5ths Vote: Yes_No-X) {:ci 'jÎ' In compliance with Council Policy, McMillin Otay Ranch, LLC on January 25, 200 I submitted an Application for establishing Community Facilities District No. 2001-2 ("CFD 2001-2") to fund the acquisition or construction of certain interim transportation facilities serving Chula Vista and development improvements serving the McMillin's Otay Ranch SPA's - Portions of Village Six and Village Seven properties in the amount of approximately $15.3 million. This amount may change as a result of detailed analyses to be performed during district formation. Staff has reviewed the Application and determined that the financial information provided is preliminary and general in nature and that the financial feasibility ofthe proj ect will be more clearly defined as further analysis is completed and bond documents are prepared. Staff believes that adequate information and analysis will be generated during district formation for evaluating the developer's financial ability to bring the project to completion in compliance with the City's criteria. Therefore, staff is recommending that Council accept the report and initiate the formal proceedings for the proposed CFD. Tonight, Council will consider the initiation of this Community Facilities District No. 2001-2 and provide direction to City staff to proceed with the formation requirements, boundaries and other pertinent elements. RECOMMENDATION: It is recommended that Council: 1) Accept the report on the Application for the formation of CFD No. 2001-2; and 2) Adopt the resolution initiating proceedings for the formation of CFD No. 2001-2 and approving the Community Facilities District Reimbursement Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The "Mello-Roos Act" allows for the creation of Community Facilities Districts and the issuance of bonds to provide for financing the construction and/or acquisition of public facilities needed for the City or development. In addition, a CFD may also finance a broad range of services, including fire, - --'0'-- 0._.__.-.....-- - ¡ , I Page 2, Item l"t Meeting Date: 6/19/01 flood control maintenance, transportation facilities, landscaping, library, open-space facilities, parks, parkways, recreational services and school facilities maintenance. Any public facilities, which the City may own, operate or contribute money to, and which have a useful life offive or more years, are eligible to be financed through a CFD. Debt services on the bonds are met through the imposition of a Special Tax (explicitly not ad valorem) on properties solely within the CFD. The special tax is collected with the property taxes. There is no direct cost to the City. Expenses related to the ongoing district administration (including levying and collecting the special taxes) are to be funded by the CFD. The ultimate security behind the bonds would be the properties located within the CFD, not the City's General Fund or its ability to tax property within its jurisdiction. Over the course of the past few months, Council has approved agreements with the financing team to be utilized in the processing ofthese types of Community Facilities Districts. Agreements are with the professional consulting teams of McGill Martin Self, Inc. (Special Tax Consultant and Project Management), Best, Best & Krieger (Bond Counsel), Stone & Youngberg LLC (Underwriters), Fieldman, Rolapp, & Associates (Financial Advisor), and Stradling Yocca Carlson & Rauth (Underwriter's Council) to provide services related to infrastructure financing. In addition, Council has approved Bruce Hull & Associates (Appraiser) and The Meyers Group (Market Absorption) as support to the financing team. The selection of the consultant team and their proposed fees are comparable to those charged for existing financing districts and will have no direct impact on the General Fund or the City, but will be funded by the developer and/or property owners in proportion to the relative benefits received from the improvements being financed. The agreements are substantially in the fonn of the City's standard two-party agreement. They have been reviewed and approved by the City Attorney as to fonn. Tonight's agenda will start the fonnation process and set in motion the required steps and schedules for the authorization to levy special taxes with the CFD and to incur a bonded indebtedness ofthe CFD payable from the proceeds of such special taxes. It is anticipated that ifthe CFD is fonned, such bonds will be issued in early 2002. Upon approval oftonight's actions, City staff will begin discussion with the developers to enter into an agreement entitled "AcquisitionlFinancing Agreement" to establish, among other things, the public facilities authorized to be financed by the CFD and the tenus and conditions pursuant to which the authorized facilities will be constructed and acquired and bonds for the CFD will be issued. This agreement will lay the groundwork on which McMillin will agree to undertake the design and construction of certain transportation and development improvements. It also specifies what McMillin's responsibilities and cost sharing will be for constructing those improvements. Procedure for fonnation of Community Facilities District No. 2001-2 Following are the key actions that Council would take during the proceedings for CFD No. 2001-2: - ......... .~.' --",,----'-""'~--'-"" Page 3, Item L Meeting Date: 6/19/01 1. Approval of the report on the Application and initiation of proceedings for fonnation of the proposed CFD and approval of a Reimbursement Agreement to require that McMillin advance funds to the City to pay for all costs incUITed by the City in undertaking the proceedings to fonn CFD No. 2001-2 and issuing the bonds ofCFD No. 2001-2. 2. Approval of Resolution ofIntention (ROI) to establish the CFD No. 2001-2. 3. Adopting the boundaries of the CFD and ordering the preparation of the Special Tax Report. 4. Holding a public hearing, voter's election, and levy of the special taxes. 5. Bond sale and issuance. Description of the proposed CFD No. 2001-2 Exhibit 1 presents the boundaries of the proposed CFD No. 2001-2, which includes parcels located within portions of Village Six (159.84 gross acres) and portions of Village Seven (180.11 gross acres). Currently, McMillin Otay Ranch, LLC has a pending Parcel Map that will provide for a land swap of approximately 3.47 acres to Otay Ranch Company, subsequently reducing the overall ownership to 156.37 gross acres for Village Six. At buildout, the Village Six will be comprised of 506 single-family residential lots and 216 multifamily units, while Village Seven will be comprised of 488 single-family residential lots and 388 multifamily units and a ten (10) acre school site. It should be noted that portions Village Six and Village Seven have encumbrances from several established or interim Community Facilities Districts. These include Communities Facilities District (CFD) Nos. 11 (both Sweetwater and Chula Vista School Districts), CFD No. 97-2 (Preserve Maintenance District) and CFD No. 98-2 (Interim Open Space Maintenance District). The special tax allocations levied by CFD No. 2001-2 will be below the "2% maximum tax" criteria established by Council Policy. The developer is proposing the CFD to finance the following improvements: . La Media Road Extension . Olympic Parkway Phase 2 . La Media Road Onsite . Internal Streets of "J" and "R" . Pedestrian Bridge . La Media Road Offsite . Birch Parkway Onsite and Offsite . SR 125 Under-crossing . Village Promenade . Wolf Canyon Sewer improvements . Pedestrian Bridge . Public Facilities DlF In addition to the above improvements, this CFD' s bonding capacity may be used for certain interim transportation facilities within the greater eastern territories of Chula Vista. These interim - ,- . -...-- -_. ---_.__......_._-- Page 4, Item 1'1 Meeting Date: 6/19/01 transportation facilities will be constructed to add traffic capacity to the existing network system. The potential transportation project could include the following: . Interim SR-125 . Paseo Ranchero to Otay Valley Road for southbound access . I-805/Telegraph Canyon Road an additional on-ramp lane to 1-805 . I-805Æast Palomar Street new interchange The developer is proposing a bond sale of $15.3 million to cover the reimbursements of public facilities for both portions of Village Six and Village Seven. Based on the actual interest rate and final value to lien ratio the bond sale amount could change. Report on the Application for CFD. No. 2001-2 In a previous action, Council adopted "The City Of Chula Vista Statement Of Goals And Policies Regarding The Establishment Of Community Facilities Districts" ("CFD Policy"). The CFD Policy provides guidelines for the use of CFDs for financing the construction or acquisition of public infrastructure or the provision of authorized public services to benefit and serve existing or new development in the City. Prior to Council initiating any formal proceedings for formation ofthe CFD, the developer is required to submit an "Application", which would include all the necessary information (business plan, percent of ownership requesting the CFD, etc.) demonstrating the applicant's financial ability to carry out the project. The Application shall be reviewed by a committee composed ofthe City Manager, City Attorney, Director of Public Works, City Engineer, Planning Director, Finance Director and such additional persons as the City Manager deems necessary. McMillin representative, staff, and consultants met several times to discuss the processing, to clarify the intent ofthe Council policy, determine the format of the Application, and identify the required financial information. The Application was submitted on January 25, 2001 (See Exhibit 2). The Review Committee met on May 9, 200 I to review the content ofthe Application and determine the applicant's financial ability to successfully construct the project and pay the special taxes during buildout. The committee has concluded that I) the information provided is preliminary and general in nature, 2) the developer's business plan, although aggressive, appears to be consistent with the current conditions of the real estate market, and 3) compliance with Council policy can not be confirmed until various documents such as appraisal, market absorption study, Special Tax Report, and Preliminary Official Statement are complete. These documents will be prepared during the district proceedings and brought to Council consideration prior to bond sale. The report with findings and recommendation on the Application is presented in Exhibit 3. - ~.._.-.-_..__..__...._._-_. .-.....--------. Page 5, Item K Meeting Date: 6/19/01 In essence, the Review Committee recommends that Council approve proceeding with the fonnation of the Community Facilities District. Extensive due diligence will be required as the district proceeds to ensure compliance with Council policy. Discussion of Key Policy Issues During the proceedings, several analyses will be perfonned to ensure that the proposed CFD confonns to the requirements of the Mello-Roos Act and Council Policy. Following is a brief discussion on how some key policy issues will be addressed during the proceedings: 1. Proposed Improvements: Improvements to be financed are backbone streets and associated improvements (i.e., sewer, potable water, reclaimed water, landscaping, dry utilities) providing local or regional benefit. Staff believes that all these improvements meet the requirements of the CFD Policy. The developer may with concurrence with City representatives and the financing team request that the bond proceeds be used to finance certain facilities included within the Public Facilities DIF and the Pedestrian Bridges DIF. The actual funding amount will be detennined in the future, based upon numerous variables, restrictions, and guidelines within the Acquisition/Finance Agreement/Finance Agreement, Official Statement and other related documents. A final recommendation on the improvements to be financed by the proposed CFD will be brought later to Council in conjunction with Resolutions, Ordinances, Adoptions, Agreements, and Public Hearings. 2. Value to Lien Ratio: Council policy requires a minimum 4:1 value-to-lien ratio. A ratio of less than 4: l, but equal to or greater than 3: 1, may be approved, in the sole discretion of Council, when it is detennined that a ratio of less than 4: I is financially prudent under the circumstances of a particular CFD. The appraisal and lien ratio analysis would be available for Council consideration prior to bond sale, which is planned for early in 2002. If the final analysis shows parcels which fail to meet the 4: 1 ratio, the developer would be required to either provide cash or letters of credit to maintain the lien ratio within the City criteria, the principal amount of the bonds to be issued for CFD No. 2001-2 will be reduced to comply with City policy or provide sufficient infonnation to convince Council that a lesser lien ratio is prudent. 3. Maximum Tax: Council Policy establishes that the maximum annual CFD special taxes applicable to any newly developed residential property shall be no more than 1 % ofthe sale price of the house. In addition, the aggregate of all annual taxes and assessments is limited to 2% of the sale price of the house. - ---" .-"'-.-.----...---...--- Page 6, Item /4 Meeting Date: 6/19/01 A preliminary calculation of the maximum tax, using estimated house prices, will be available for Council consideration at the Public Hearing. A final test will be performed at escrow closing using the actual sale price of the house. Council Policy requires that at or prior to each closing of escrow, the escrow company shall apply a "calculation formula" previously approved by the City Engineer to determine the aggregate of regular County taxes, Mello-Roos taxes, and assessment installments. Ifthe 2% limit were exceeded, the developer would be required to provide cash to buy down the lien to an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate tax to be paid by the purchaser of the house meets the City's criteria. Currently, the developer anticipates that this CFD to be in the range of 1.91 % to 1.94%. Finally, it should be mentioned that the use ofCFDs for public financing, like many other financial decisions, involves a calculated risk and nothing can completely insulate the City fÌom the possibility of future problems. Future owners ofthe property may express displeasure with paying the special tax; a downturn in the real estate market may cause delinquencies. Indeed, even the master developer may become delinquent when the project is no longer economically feasible. Nevertheless, staffbelieves that strict adherence to the CFD Policy together with extensive scrutiny by the financing team would minimize the occurrence and consequences of any potential problems. FISCAL IMPACT: The developer will pay all costs and has deposited money to fund initial consultant and City staff costs in accordance with the proposed "Reimbursement Agreement". Such monies are eligible for reimbursement upon a successful sale of bonds. The City will receive the benefit of the full cost recovery for City staff (estimated at $30,000). Exhibits: 1. Proposed Benefit Boundary Area 2. Application 3. Review Committee Report 4. Reimbursement Agreement H:IHOMEIENGINEERIAGENDAICAS for McMillin 6-19-01.doc 6/7/01 9:39:29 AM _c ..- - c_--- --'-'-"----'--'-'----- "---'-----__0'..__- c.oMM()~IT'( fAc.IL.mes PI~éT NO. ~COI-2 (~ON5 OfV1~E Sf'\(" v'/LLAet æ../EN) EXHIBIT~ü ooooc'o - ---....-.....--- -.--.----- FXHIBIT -2., L" CITYOFCHULA VISTA COMMUNITY FACILITIES DISTRICT ApPLICATION REVIEW COMMITTEE ApPLICA nON FOR ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT OWNERSIDP Name of landowner: McMillin Otay Ranch, LLC, a Delaware limited liability company - this entity was fon11erly known as McMillin-D.A. America Otay Ranch, LLC which was the entity that successfully formed CFD 97-3 with the City ofChula Vista. Please describe the ownership structure of the landowner (i.e., individuals, farnily trust, partnership, corporation, etc.). Please include resumes of key individuals responsible for rnaking decisions for landowner. Please include copies of partnership agreements, articles of incorporation and bylaws, family trusts, etc.: The members of McMillin Otay Ranch, LLC are McMillin Cornpanies, LLC, a Delaware lirnited liability company and Merced Partners Limited Partnership, a Delaware lirnited partnership with McMillin Cornpanies. LLC as its manager. The key individuals to be involved with the CFD formation process include Kelley Thene, Robert Pletcher, Frank Zaidle, and Jon Bell. If the landowner is not the CUlTent owner of the property, please provide evidence satisfactory to the City Manager that the landowner represents or has the consent of the owners not less than 67%, by area, of the property proposed to be subject to the levy of the special tax. McMillin Otay Ranch, LLC is the owner of the property. PROPERTY INFORMATION List the following regarding the property to be included within the proposed Community Facilities District: Nurnber of gross acres: 159.84 acres in Village 6 SPA and 180.11 acres in Village 7 SPA Number of gross acres owned by the landowner: 159.84 acres in Village 6 SPA and 180.11 acres in Village 7 SPA Number of gross acres owner by others: None Please note that a land swap between McMillin and Otay Ranch Cornpany is in process and is anticipated to be complete with a month with final map recorded and a new prelirninary title report issued. After the land swap is complete in Village 6 only, the the number of gross acres will be reduced frorn 159.84 acres to 156.37 acres. No land swaps at this time are anticipated for Village 7. Once this process is complete a new preliminary title report will be forwarded to the City. For each parcel within the boundaries of the proposed Community Facilities District which is owned by an entity other than the landower, provide the following information: The name(s), addressees), telephone number(s) and contact(s) for each such owner. None \\MPS\MAIN\data\srv\Kim\OTAYRNCH\Kelley\CFD Application - SPAs II & IIl.doc I .__.. ---.---.----.-------- - - The number of gross acres owned by each such owner. None The Assessor's Parcel Nurnbers for each such parcel. None Nurnber of acres proposed for development: 159.84 acres in Village 6 SPA and 180.11 acres in Village 7 SPA Nurnber of acres developed to date, if any: None except for a few acres that were used in the Village 6 SPA as a borrow site for the grading of Olympic Parkway List the Assessor's Parcel Numbers for the property: Village 6 SPA: 642-080-24-00: 642-100- 03-00: and 643-060-10-00. Village 7 SPA: 643-060-13-00 How long have you owned the property? McMillin Otay Ranch. LLC has owned the property since Septernber 12, 1997. What was the purchase price you paid for the property? The property was part of a transaction that included the acquisition of approximately 1.000 acres for $13.800.000. Have you entered into any option or other fo1111 of agreement to sell all or a portion of the property? YES --K- NO. If YES, please describe arrangernent and attach copies of any agreements describing arrangement. Describe the existing land use of the property: Agriculture and Ranch Land Is the property proposed for residential development, cornmercial developrnent, or both? ~ RESIDENTIAL COMMERCIAL BOTH. Please state the estimated total nurnber of any residential units proposed and the estimated total square footage of commercial development proposed. 506 single-family units and 216 rnulti-farnily units in the Village 6 SPA and 488 single-family units and 388 multi-farnily units in the Village 7 SPA Please attach a copy of a business plan for the development proposed on the property? See attached developer pro forma Do you intend to develop the property yourself? X YES NO. If YES, describe the expected timing for development of the property. If available, please list projected sales by year, listing commercial and residential development separately. See attached absorption schedule What is the status of land use approvals, subdivision maps and environmental review for the development of the property (i.e., describe the CUlTent zoning and the status of any Development Agreements, Specific Plans, tentative maps or final maps for the property)? Village 6 and 7 SPAs have GDP approval. The tentative maps and specific plans for the Village 6 and 7 SPAs are in process with projected approval dates of June 2001 for the Village 6 SPA and March 2002 for the ViIlage 7 SPA. IIMPSIMAINldatalsrvlKimlOTA YRNCHIKelleylCFD Application - SPAs II & fII.doc 2 _........_,,-_.. '--""'--""- - List improvernents proposed to be financed through the Community Facilities District and their estimated cost. List the public agency that will own, operate and maintain the improvements when completed. Village 6 SPA: La Media Road Extension = $1.853.654; Olympic Parkway Phase 2 = $2,560.634; La Media Road Onsite = $971.300; Street "J" = $866.465: and Street "R" = 1.252.404. Village 7 SPA: La Media Road Offsite = $869.578; Birch Parkway Onsite = $1.874.988: Birch Parkway Offsite = $1.086.73 L SRI25 Undercrossing = $1.500.000; Village 7 Promenade = $1.271.069; Wolf Canyon Sewer = $2.500.000: and Village 6 to 7 Pedestrian Bridge = $744.770. The City of Chula Vista will own, operate. and maintain these proposed improvements. Are any public services to be financed through the proposed Community Facilities District? If so, list those services. None Have any environmental studies or reports been prepared for the property? -X- YES - NO. If YES, list those reports. Phase I assessment reports and Teir I EIRs have been completed for the Village 6 and 7 SPAs. Village 6 SPA also has an SEIR. Are any impact fees owed to the City as a condition to develop the property? X YES NO. If YES, please describe the type of impact fees, amount of the fees and when fees rnust be paid. Park Acquisition and Development Impact Fee. Transportation Development Impact Fee, Interim Pre-SRI25 Development Impact Fee. Traffic Signal Impact Fee, Pedestrian Bridge Impact Fee. Supplernental Developrnent Impact Fee. Residential Construction Tax, Chula Vista Sewer Capacitv Fee, Salt Creek Sewer Fee, Wolf Canyon Sewer Fee, Poggi Canyon Drainage Basin Fee, Chula Vista Sewer Administration Fee, Reserve Fund Fee. Otay Water District Capacity Fee, Otay Water Annexation Fee, Otay Water District Meter Fee, and County Water Authority Capacity Fee. Are there any endangered species habitats on the property? YES X NO. If YES, please identify the endangered species, describe the location of their habitat(s) on the property and describe any mitigation measures which must be cornpleted as a precondition to the subdivision or development of the property. Are there any legal impedirnents to the planned development of the property? If so, please describe the nature of the legal impediment(s) and how such impedirnents will impact the planned developrnent of the property. None Is any development currently underway on the property? X YES NO. If YES, please give a general description. A few acres of the Village 6 SPA were used as a bon'ow site for the grading of Olympic Parkway. No development has occurred in the Village 7 SPA. What are your long te1m plans for the property; i.e., sale of raw land, sales of improved parcels to merchant builders, sale of product to end users, long term hold, etc? Sale of improved lots to guest builders. Besides Community Facilities District financed improvements, what public and private improvements are necessary to develop the property and how are they proposed to be financed? Roadways. Landscaping, Water Lines, Sewer Lines, Reclaimed Water Lines, and Dry Utility Facilities to be financed with a combination of equity. conventional financing. and land-secured debt financing. \\MPS\MAIN\data\sJ'v\Kil11\OTA YRNCH\Kelley\CFD Application - SPAs II & III.doc 3 .", '--"--'OO-- - Please attach the most recent copy of your financial statements, including audited statements, if available. If you are a publicly held company, please list the date of your 1ast 10Q or 10K filing and enclose a copy of your most recent Annual Report. See attached financial statement Include at 1east one reference frorn a bank or financial institution, including name, address and telephone number. Richard Koon, E.V.P.! CR..O., Tokai Bank 300 South Grand Avenue, 5th Floor Los Angeles, CA 90071 Are there any existing trust deeds/loans on the property? Please state the name, address and telephone number of the lending institution and the approximate 10an amount. Village 6 and 7 SPAs represent a portion of the collateral for a $3,000,000 loan from Merced Partners Limited Partnership of Minnetonka, MN Has construction financing for any of the proposed developrnent, been obtained? YES X NO. If YES, please describe the source and amount of such loan. What is the current status of property taxes, special taxes and assessments on the property? X PAID DELINQUENT. Have any property taxes or assessments on the property been delinquent at any time during the past 3 years? If YES, please explain. Is the landowner, any subsidiary entity or affiliated or related entity of the landowner currently delinquent or has the landowner or any subsidiary entity or affiliated entity of the landowner in the last five (5) years been delinquent in the payrnent of any property taxes, special taxes or assessrnents on property owned outside of the proposed boundaries of the Community FaciJities District? YES X NO. If YES, please identify the entity which is delinquent in such payments, the nature of such entity if the entity is not the landowner and its relationship to the landowner, the jurisdiction in which the delinquent property is located, the amount of the delinquency, the duration of the delinquency and any legal actions which have been initiated by or on behalf of the jurisdiction to recover the delinquency. Is the landowner (or any subsidianry entity or affiliated or related entity of the landowner) now delinquent or in default on any loans, lines of credit or other obligation related to the property or other development projects? YES X NO. Has the landowner (or any subsidiary entity or affiJiated or related entity of the landowner) been in defauH on any 10ans, lines of credit or other obligation in the past two years related to the property or other development projects? YES X NO. If YES, please explain. Has the landowner or any subsidiary entity or affiJiated or related entity of the landowner ever filed for bankruptcy or been dec1ared banlaupt? YES X NO If YES, specify entity which filed or banlauptcy or has been declared banhupt, the date and location of court where banhuptcy action took place, the case title and the status of the ban1auptcy proceedings: Has any claim been made or suit been filed, or is any claim or suit now threatened against the landowner with respect to the proposed development of the property? YES X NO \\MPS\MAIN\data\srv\Kìl11\OTA YRNCH\Kelley\CFD Application - SPAs II & IIl.doc 4 - .-........-...-"'---.-..-.--.-.....-.-..------ If YES, please attach a copy of the complaint, or if unavailable, please list the court in which the action is pending and the case number and sumrnarize the CUiTent status of the litigation, or if the claim or action has not yet been filed please attach any documents summarizing the claim or action: . Are there any other foreseeable circumstances not described above that could prevent or significantly delay the proposed development of the property or adversely impact the ability of the landowner to pay the anticipated special taxes to be levied on the property owned by the landowner during the developrnent of the property? X YES NO. If YES, please explain. The timing and cornpletion for construction of SR125 or the proposed interirn facility. Please attach a copy of your rnost recent preliminary title report for the property. See Preliminary Title Report attached. Please attach a copy of the most recent tax bil1(s) for the property and evidence that cutTent instal1rnents due have been paid. The tax bil1 wil1 also be reviewed to determine overlapping tax tota1. See copies of checks payable to San Diego County Tax Col1ector. Have you provided a deposit to the City to pay organizational and fom1ation costs? No. has not yet been requested. RELATED PROJECT INFORMATION Has an absorption study been done for the proposed development of the property within the last two years? If so, please provide a copy. No Has an appraisal been done for the property within the last two years? If so, please provide a copy. Ifnot, please provide cun'ent year assessed values for aU parcels. No EXPERIENCE OF LANDOWNER GROUP Describe the development experience of the landowner. Briefly describe any current or recently completed developrnents undertaken by the landowner. Owner is the largest San Diego based land developer with 40 years experience in the area. Local projects include: McMi11in Lornas Verdes (Otay Ranch SPA I): Vista Pacifica (fonnerly Robinhood Ridge), Rancho Del Rey. Bonita Long Canyon, Scripps Ranch, ScrÌpps Ranch North. Sycamore Estates, Calavera Hil1s, and Calavera Hil1s II. Please provide corporate literature and sales brochures, if available. See attached literature. PAYMENT OF TAXES/ASSESSMENTS. Describe the source of funds that you wi1l use to pay special taxes to be levied on your property in connection with the Cornrnunity Facilities District (i.e., bank savings, land sale proceeds, loan proceeds, etc.). Combination of Equity, Loan Proceeds. and Land Sale Proceeds. Do you foresee any difficulty in your ability to make timely payment of the special taxes to be imposed? YES ---X- NO. If YES, please explain. \\MPS\MAIN\data\srv\Kim\OT A YRNCH\Kelley\CFD Application - SPAs II & JlI.dDc 5 ... _. '--'-"- If we have additional questions regarding your property, who is the appropriate person to contact? Name: Kelley Thene Title: Special Districts Administrator Address: 2727 Hover Avenue National City, CA 91950 Phone No.: (619) 336-3123 The undersigned hereby certifies that the foregoing information is true and correct as of the date set forth below. McMillin Otay Ranch, LLC, a Delaware limited liability company By: McMillin Companies, LLC, a Delaware limited liability company U, M~'g" 4- ~,,~ By: 1t.1ì: 'f 111~-... By: Its: ,P. Its: . Date: / I~J f.' I Date: ',2: () IIMPSIMAINldatalsrvlKil1l10TA YRNCHIKelleylCFD Application - SPAs II & Jfl.doc 6 I _. ---- '---------------_.------..._- --.- NOTICE REGARDING DISCLOSURE, The Securities and Exchange Comrnission recently adopted amendrnents (the "Amendments") to Rule ISc2-l2 under the Securities Exchange Act of 1934 relating to certain required disclosure information that must be made available to prospective purchasers of municipal bonds. Under the Amendments and other federal and state securities laws, certain material infonnation must be disclosed (i) in connection with the initial offering of bonds with respect to "material persons"; and (ii) on an ongoing basis with respect to "obligated persons." Whether a property owner/developer might be a material person or an obligated person will depend on all of the facts and circurnstances. If the information you provide in response to this questionnaire indicates this rnight be the case, the financing tearn will review with you the information that may need to be disclosed to potential Bond investors in order to satisfy the Amendrnents and other federal and state securities laws. If information on the proposed development of your property is disclosed in connection with the sale of the Bonds, you will be required to certify at that time that the infom1ation is true and con-ect and does not omit to state any material fact. \\MPS\MArN\data\srv\Kil11\OTA YRNCH\Kelley\CFD Application- SPAs 11 & III.doc 7 - '-"-""--"--"'---'--"-""-'-" S EXHIBIT~~,_~_~" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT GOAL AND POLICY REpORT ApPLICATION OF McMILLIN OTAY RANCH, LLC GENERAL BACKGROUND The applicant is McMillin Otay Ranch, LLc. This entity was formerly known as McMillin -D.A. America Otay Ranch, LLC which was the entity involved with the formation of and issuance of bonds by C.F.D. 97-3 The members of McMillin Otay Ranch are McMillin Cornpanies, LLC and Merced Partners Lirnited Partnership with McMillin Companies as manager. The applicant is currently the sole owner of 159.84 acres in Village 6 and 180.11 acres in Village 7 proposed to be included in the c.F.D. A land swap involving approximately 3.5 acres in Village 6 is underway, when cornpleted Otay Ranch will own the 3.5 acres. The application states the nurnber of residential units within the proposed C.F.D. includes 506 single- family units and 216 multi-farnily units in Village 6 and 488 single-family units and 388 rnulti-family units in Village 7. Single-Farnily Multi-Family Total Village 6 482 212 694 Village 7 488 388 876 970 600 1,570 The developer has proposed a formation and bond issuance schedule with the following key dates. Begin District Formation 5/14/2001 Resolution of Intention 09/2001 Sell bonds 12/2001 Currently the proposed C.F.D. is essentially raw land. Evidence was provided that the 12/10/00 property tax installment was paid. UNDERLYING PRINCIPALS OF GOALS AND POLICIES I. Protection of the public interest, 2. fairness in application of special taxes to current and future property owners, 3. full disclosure of special tax liens, 4. credit worthiness of special tax bonds, 5. protecting City's credit rating and financial position, 6. applicants pay all costs associated with c.F.D. formation. C:\%Cache%\OLK8345\V6 Application Review.doc 1 - - _.- _..~--...._-_.._..__. FINDING OF PUBLIC INTEREST OR BENEFIT Policy Summarv The City Council may authorize proceedings if the Council deterrrlines that the public irnprovernents to be financed provide benefit to the community at large as well as benefit within the C.F.D. Applicatiou The application states improvements to be financed are streets, sewer, an undercrossing and a pedestrian bridge. Specific improvernents include for Village 6: La Media Road/extension to south ($1,853,654), Olympic Parkway ($2,560,634), La Media Road/Olympic Parkway to "J" ($971,300), Street "I" ($866,465) and Street "R" ($1,252,404), Village 7 improvements include La Media Road/"J" Street to Birch ($869,578), Birch ParkwayIR Street to SRI25 ($1,874,988), Birch ParkwaylLa Media to "R" ($1,086,731), SRI25 undercrossing ($1,500,000), Village 7 Promenade ($1,271,069), Wolf Canyon Sewer ($2,500,000) and Village 6 to 7 Pedestrian Bridge ($744,770). Total costs are approxirnately $17,350,000. Discussion AUTHORIZED PUBLIC FACILITIES Policv Summarv Improvernents must be public irnprovernents, which will be owned, operated or maintained by the City or other public agency. Irnprovements rnust serve a neighborhood area or greater. Application The application states all proposed to be financed will be dedicated to the City for ownership, operation and maintenance. The facilities have local and regional benefit. Discussion C:\%Cache%\OLK83451V6 Application Review.doc 2 - .--.. ---.----.-...--.--- "--' PRIORITIZATION OF PUBLIC IMPROVEMENTS Policv Summarv First priority of a c.F.D. established by the City is the provision of public irnprovernents benefiting the City. Second priority is the provision of public irnprovernents owned, operated or rnanaged by other public agencies. Application All irnprovernents proposed will be owned, operated and maintained by the City. Discussion AUTHORIZED PUBLIC SERVICES Policv Summarv Public services proposed to be financed rnay generally include 1) parkways, rnedians and open space; 2) drainage and flood control and 3) other services authorized by the C.F.D. Act and adopted by the City. Application No services are proposed to be funded by this c.F.D. Discussion INCIDENTAL COSTS Policv Summary Certain eligible incidental costs rnay be financed via special tax bonds. Those incidental costs must be directly related to irnprovements financed by proceeds of such special tax bonds and are subject to not to exceed percentage limitations. Application A breakdown of incidental costs is not included with the application. Discussion C:\%Cache%\OLK83451V6 Application Review.doc 3 .n /t _. ._--, -----_--m..._'----------' REQUIRED VALUE-TO-DEBT RATIO The required value to lien ratio must be at least 4: 1. Application The value to lien ratio is not known and will not be know until cornpletion of the appraisal and final determination of facilities to be financed. The application states the original acquisition price of approximately 1000 acres in September 1997 as $13,800,000. Discussion CRITERIA FOR APPRAISALS Policv Summarv The City has specific requirernents for appraisal content and objectives. Application The application does not address criteria for appraisals. The City's finance tearn will direct the appraiser and provide guidance on scope of work and methodology consistent with policy. The City has hired the sarne appraiser that worked for the City on all other recent prior C.F.D. 's. Discussion MAXIMUM AGGREGATE TAXES AND ASSESSMENTS Policv Summarv The maximum annual special tax installment applicable to any residential parcel shall not exceed one percent of the sales price. Total taxes shall not exceed two percent of initial sales price. The c.P.D. policy provides a mechanisrn to buy down to 2% at closing to meet the maxirnurn tax policy. Application The application does not address this point. Determining the maximurn aggregate tax is accornplished during developrnent of the Rate and Method of Apportionrnent and the bond sizing/debt service phase of due diligence. The applicants Novernber 3, 2000 letter to the City acknowledges the 2% lirnitation and provides an exhibit that illustrates cornpliance with the 2%. Discussion SPECIAL TAX REQUIREMENTS Policv Summarv The Rate and Method of Apportionrnent shall adhere to specific requirernents detailed within the policies. C:\%Cache%\OLK8345\V6 Application Review.doc 4 _.. _. --...-. .-...-.....-..- .-----.--.-- Application The City has selected and hired McGill, Martin & Self as Special Tax Consultant. They will be charged with preparing a rate and rnethod ("RMA") consistent with City guidelines. It is anticipated the RMA utilized in other recent c.F.D.'s will serve as a rnodel for the proposed c.F.D. Discussion TERMS AND CONDITIONS OF SPECIAL TAX BONDS Policv Summarv All terms and conditions of any tax bonds issued by the City shall be established by the City. Application Terms and conditions of a bond sale have not yet been discussed and therefore are not yet determined. Terms of a bond sale will be determined during the bond phase by the City's finance tearn that includes staff, financial advisor, underwriter, bond counsel and other participants. Discussion DISCHARGE OF SPECIAL TAX OBLIGATION Policv Summarv Special Tax obligations may be prepaid and discharged in whole or in part at anytirne. Application The City's Special Tax Consultant will prepare a rate and rnethod that contains prepayment provisions. Discussion C:\%Cache%\OLK8345\V6 Application Review.doc 5 l .. -'-"'-'-" PROPERTY OWNER DISCLOSURE Policv Summarv Applicants are required to dernonstrate that there will be full disclosure of special tax obligations to prospective purchasers of property. Application A form of disclosure was not provided with the application. Typically, disclosure forms are prepared by the rnerchant builders close to time of sale to end-user. Discussion PREFORMATION COST DEPOSIT AND REIMBURSEMENTS Policv Summarv All City and consultant costs incurred in application process and proceedings will be paid by applicant by advance deposit. Application The developer has agreed to provide a deposit for consultant and City costs. A breakdown of the required deposit will be provided to the developer. Deposited amounts are generally subject to reirnbursernent whenlif a bond issue closes. Discussion SELECTION OF CONSULTANTS Policy Summarv The City shall select and retain all consultants. Application The City intends to keep in place the financing and consulting team used on other recent C.F.D.'s. Discussion C:\%Cache%\OLK8345\V6 Application Review.doc 6 - ---...-.-.----..---.- LAND USE APPROVALS Policv Summarv The City may issue bonds secured by special taxes when a) properties have received applicable discretionary land use approvals consistent with financing assurnptions and b) applicable environmental review is cornplete. Application The application describes the status of land use approvals as follows: The application states Village 6 and 7 SPAs have GDP approval. The tentative maps and specific plans for the Village 6 and 7 SPAs and in process with projected approval dates late summer, early fall of 2001. Discussion APPLICATION PROCEDURE FOR DEVELOPMENT RELATED C.F,D,s Policv Summarv Any application shall contain such information and be subrnitted in such form required by the City Manager. In addition each application rnust contain: 1. Proof of authorization if the applicant is not the owner. 2. Evidence that the applicant represents the owners of not less than 67%, by area, of property subject to proposed levy. 3. A business plan for the developrnent of the property that reviews the financial feasibility of the c.F.D. and dernonstrates the ability of the owner to pay special tax installrnents and any other taxes or assessments until full build out. Application The application, provided on January 25,2001, included the following iterns: . Business and Financial Nondisclosure Agreement . Landowner Information Form . Developer Peforma and Balance Sheet . Land Sales Absorption Schedule . Arnended and Restated Lirnited Liability Cornpany Agreernent . Limited Liability Cornpany Formation Docurnents (Original and Restated) . Limited Liability Cornpany Financial Statement . Tax Bill and Proof of Payment . Prelirninary Title Report . McMillin Companies Corporate Literature C:\%Cache%\OLK8345\V6 Application Review.doc 7 - '-' ..--,,-,..---.--,,--.- The information provided is prelirninary and general in nature. Extensive due diligence will be required for the preparation of a disclosure docurnent and final City decision to issue bonds. Discussion C:\%Cache%\OLK8345\V6 Application Review.doc 8 - ---....--.-.---..--...-.. ..-.......-. EXHIBIT ~, COMMUNITY FACILITIES DISTRICT REIMBURSEMENT AGREEMENT (McMillin Otay Ranch, LLC) THIS AGREEMENT is made and entered into this - day of ,2001, by and between the r!I.. CITY OF CHULA VISTA, a charter city ("City"), and McMILLIN OTAY RANCH, LLC, a~ limited liability company ("Applicant"). t2 L L¡, \/ (cfi; RECITALS A. The Applicant has made application with the City to request that the City initiate proceedings under the provisions of the "Mello-Roos Community Facilities Act of 1982," as amended (Government Code Section 53311 and following), to form a cornmunity facilities district (the "Community Facilities District") to finance the acquisition and/or construction of certain public improvements. The construction of such public improvements is required as a precondition to the development of properties owned and/or to be developed by the Applicant within that area of the City commonly known as McMillin's - Portions of Village Six and Village Seven. B. Applicant agrees to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the Community Facilities District and to subsequently authorize, issue and sell bonds for the Community Facilities District (the "Proceedings"). Such monies shall be subject to reimbursement or credit pursuant to the provisions of this Agreement upon the successful sale of bonds for the Community Facilities District and the receipt by the City of the proceeds of such bonds. C. The parties hereto wish to enter into an Agreement to memorialize the terms and conditions pursuant to which Applicant shall advance monies and the monies so advanced may, subject to certain conditions contained herein, be reimbursed or credited against future special tax obligations. AGREEMENT The parties hereto, for mutual consideration, agree as follows: SECTION 1. Advances, A. Applicant shall advance monies to the City in such amounts and at such times as specified below to pay all costs and expenses incurred by the City in undertaking the Proceedings (except those costs and expenses which are contingent upon the issuance of bonds for the Community Facilities District and payable solely from the proceeds of such bonds), including without limitation, the following: 1. Special Tax Consultant services; 2. Bond counsel services; 3. Financial advisory services; 1 - --.---- -..-.----- - 4. Appraisal and market absorption services; and 5. City staff and City Attorney time. All such costs and expenses are collectively refeITed to as the "Formation and Issuance Costs." B. Advances shall be made to the City pursuant to the following schedule: 1. Applicant shall advance the amount of$176,500, receipt of which is hereby acknowledged by the City. 2. If monies in addition to the initial advance are necessary to pay for the Formation and Issuance Costs, the City shall as necessary and from time to time make written demand upon Applicant and Applicant shall immediately thereafter, within five (5) working days, deposit said monies with the City to pay for the balance ofthe Formation and Issuance Costs. If such additional monies are not timely received, all Proceedings shall, at the option ofthe City, be suspended until such monies are received. SECTION 2. Records. The City agrees to keep records consistent with its regular accounting practices of the amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter into and maintain contracts with all consultants which shall specify the scope of services and compensation to be paid to all such consultants. Such records and contracts shall be available for review by the Applicant during normal business hours upon reasonable notice to the City. SECTION 3. Reimbursement, If the Community Facilities District is formed, Applicant may elect among the following options for the reimbursement of monies advanced pursuant to this Agreement: A. All monies advanced shall be reimbursed in cash solely from bond proceeds; B. All monies advanced shall be applied as a credit upon the special taxes to be levied against properties then owned by the Applicant; or C. A combination of the above. Ifthe Proceedings to form the Community Facilities District are not completed and are abandoned for any reason at any time prior to the successful sale of bonds or the Community Facilities District is unable for any reason to issue or sell the bonds, there will be no obligation on the part of the City or the Community Facilities District to reimburse Applicant for any monies previously advanced pursuant to this Agreement; provided, however, the City does agree to return to Applicant any monies previously advanced which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Formation and Issuance Costs previously incuITed by the City. SECTION 4. Ownership of Documents. All plans, specifications, reports, appraisals and other documentation as prepared as a part ofthe Proceedings shall become the property of the City, regardless as to whether the Community Facilities District is actually formed. 2 -. .--.---.---"-..-.....-.......---...---. SECTION 5. No Obligation to Form Community Facilities District. Applicant acknowledges that the decision of the City Council to fonn the Community Facilities District is an exercise of the legislative authority of the City Council and that the City may not enter into a contract to obligate the City Council to exercise its legislative discretion in a particular manner. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the fonnation of the Community Facilities District. The City expressly reserves the right to abandon the Proceedings for any reason at any time prior to the completion thereof. Should Applicant desire to abandon the Proceedings, Applicant shall provide written notification of such desire to the City and request the City to immediately tenninate all consulting agreements and use all efforts to minimize any and all Fonnation and Issuance Costs. SECTION 6. Counterparts, This Agreement may be executed in one or more counterparts, each ofwhich shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 7. Arbitration, Any controversy arising out of this Agreement or its breach shall be settled by arbitration if, prior to the commencement of any legal proceeding arising out of this Agreement or its breach, either party demands by written notice that such controversy be arbitrated. After such demand, and within ten (10) days from such demand, the parties shall attempt to designate a mutually acceptable individual to arbitrate the controversy. If within the ten (10) day period the parties are unable to designate an individual, the controversy shall be arbitrated under the rules of the American Arbitration Association, andjudgment on the award rendered by the arbitrator chosen by the parties or used pursuant to the rules of the American Arbitration Association may be entered in any court having jurisdiction and shall be fully binding on the parties. SECTION 8. Authority to Execute Agreement, The City and the Applicant represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. SECTION 9 Best Efforts, The parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. SECTION 10. Successor and Assigns. This Agreement shall be binding on and inure to the benefit ofthe respective parties and their respective heirs, legal representatives, successors and assigns. Applicant may not assign its rights or obligations hereunder except upon written notice to City within ten (10) days of the date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee in writing delivered to the City of the rights, duties and obligations of the Applicant arising under or :&om this Agreement, Applicant shall be released for all future duties or obligations arising under or from this Agreement. SECTION 11. Singular and Plural; Gender. Whenever used herein, the singular number shall include the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall include the others whenever the context of the Agreement so indicates. 3 - --- ---. -----..- --- -------------- SECTION 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof. This Agreement may not be altered, modified or amended except by an instrument in writing executed by all of the parties. .., SECTION 13. Governing Law. This Agreement has been executed in and shall be governed by the laws of the State of California. SECTION 14. Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. SECTION 15. Severability. In the event that anyone or more ofthe provisions ofthis Agreement that is or are material to the entering into this Agreement by either Applicant or the City shall for any reason be held to be unenforceable in any material respect by a court of competent jurisdiction, Applicant and the City may mutually agree that such unenforceability shall not affect any other provision of this Agreement, and that this Agreement shall be construed as if such unenforceable provision or provisions had never been contained herein. If Applicant and the City fail to so mutually agree, this Agreement shall tenninate, without penalty to either party, after the giving by one party of thirty (30) days' prior written notice to the other party. In such event, the City shall use all efforts to minimize any and all Fonnation and Issuance Costs and shall return to Applicant any monies previously advanced which remain on deposit with the City and which the City detennines are in excess of the amount necessary to pay for any outstanding Fonnation and Issuance Costs previously incurred by the City. SECTION 16. Notices, All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party gives notice of a change of name of address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. CITY: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager APPLICANT: McMILLIN OTAY RANCH, LLC SECTION 17. Time of the Essence. Time is of the essence in the perfonnance of the parties respective obligations herein contained. SECTION 18. Waiver. The waiver by one party of the perfonnance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both parties of the time for perfonning any act shall not constitute a waiver of the time for perfonning any other act or an identical act required to be perfonned at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent 4 I - "."--0'--"_,-,----"-"".-.-,-".",,,",,,--," remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. SECTION 19. Amendment, No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. SECTION 20. Hold Harmless. Applicant shall defend, indemnify, protect and hold harmless the City, its elected officials and appointed officers, employees and consultants retained for purposes other than formation of the Community Facilities District, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising directly or indirectly out of the waiver by the City Council of the City's procedures for the selection of any ofthe consultants identified in Section 1. and retained by the City to assist in undertaking the Proceedings. Applicant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incUITed by the City, its officers, employees or consultants retained for purposes other than formation of the Community Facilities District in defending against such claims, whether the same proceed to judgment or not. Further, Applicant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, employees or consultants retained for purposes other than formation of the Community Facilities District. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the consultant. [Remainder of this page intentionally left blank.] 5 ------ --------_. ...--- "--'------' Signature Page to Community Facilities District Reimbursement Agreement between the City of Chula Vista and McMillin Otay Ranch, LLC IN WITNESS WHEREOF, City and Applicant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms. CITY OF CHULA VISTA By: City Manager Attest: City Clerk Approved as to Form: City Attorney Of. . C ~ RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2001-2 (OT A Y RANCH - PORTIONS OF VILLAGE 6 AND VILLAGE 7) FOR PORTIONS OF VILLAGE 6 AND VILLAGE 7 OF THE OT A Y RANCH AND APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the CITY OF CHULA VISTA, CALIFORNIA, has been presented with and has received an application from McMillin Otay Ranch, LLC (the "Applicant"), requesting that this City Council initiate proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following)(the "Act") to form a community facilities district preliminarily designated as Community Facilities District No. 2001-2 (the "District") for the purpose of financing all or a portion of the cost of the acquisition of certain public facilities necessary to serve proposed development within the District; and WHEREAS, the Applicant has requested that the District encompass that portions of Village 6 and Village 7 of the Otay Ranch; and WHEREAS, such application has, as required by the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities District (the "Goals and Policies") previously adopted by this City Council, been reviewed by the community facilities district application review committee (the "Review Committee") designated in such Goals and Policies; and WHEREAS, based upon such review and pursuant to the Goals and Policies, the City Manager has recommended that this City Council accept the report of the Review Committee and authorize the initiation of proceedings to consider the formation of the District subject to subsequent compliance of the proposed District with the Goals and Policies, including without limitation, the financial feasibility of the proposed District and the development of the property within the District; and WHEREAS, the Review Committee further recommends that the formation of the District also be conditional upon the financing by the District of such proportionate share of the cost of the acquisition or construction of interim transportation facilities as the Applicant and the City shall agree; and WHEREAS, the form of a Community Facilities Reimbursement Agreement pursuant to which the Applicant has agreed to advance funds to the City to pay for all costs incurred by the City in undertaking the proceedings to consider the formation of the District and the issuance of 1 - --..- .---.---- ------- Bond by the District has been presented to this City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION I. The above recitals are all true and correct. SECTION 2. This City Council hereby accepts the Review Committee report. SECTION 3. This City Council hereby authorizes the initiation of proceedings to consider the formation of the District as requested by the Applicant subject to all requirements of the Act and the Goals and Policies. The formation of the District shall be conditional upon, among other things, the financing by the District of such proportionate share of the cost of the acquisition or construction of interim transportation facilities as the Applicant and the City shall agree. The funds necessary to finance the acquisition or construction of such interim transportation facilities may be provided as the parties may agree, out of the proceeds of the first series of bonds issued for such District and shall be reserved and set aside solely for the financing of the acquisition or construction of such facilities. The decision of this City Council to form the District is an exercise of the legislative authority of this City Council. The adoption of this Resolution does not, therefore, obligate this City Council to exercise its legislative discretion in a particular manner. This Resolution does not in any way create a contractual, legal or equitable obligation of or commitment by this City Council to approve the formation of the District. This City Council expressly reserves the right to abandon the proceedings to consider the formation of the District for any reason at any time prior to the completion thereof. SECTION 4. The form of the Reimbursement Agreement by and between the City and McMillin Otay Ranch, LLC is hereby approved. The City Manager or the Deputy City Manager/Director of Finance is hereby authorized to execute such agreement for and on behalf of the City with such changes thereto as such officer, following consultation with the City Attorney and Best Best & Krieger LLP, deem to be in the best interests of the City. SECTION 5. This Resolution shall become effective upon its adoption. Presented by Approved as to form by ~.~~ John P. Lippitt John Kaheny ¿ Public Works Director City Attorney J:\Attorney\Reso\ Initiating Proceedings CFD 2001-2,6-19.doc 2 - ._...._"- ...._-_.~ -..--""'---- COUNCIL AGENDA STATEMENT Item! S Meeting Date 6/19/01 ITEM TITLE: First Public Hearing to consider testimony on the FY 200112002 spread of assessments for Open Space District 10. SUBMITTED BY: Director of Public Works ~ "¿,/ REVIEWED BY: City Manager C9L (i" (4/Sths Vote: Yes_NoX) (¡J Based upon the advice ofthe City Attorney, agenda items IS and !tp have been separated nom agenda item \"1 due to conflict of interest concerns. One Council member owns property subjeCt to the proposed assessment in this District. Council should note that agenda item gives all background information and details on Open Space Districts in general which is applicable to this item, but does not include specific information on Open Space District 10, RECOMMENDATION: That Council: 1) Open the hearing, take testimony, and close the hearing; and 2) Direct staff to return on July 24, 2001 at 6:00 p.m. for the second scheduled public hearing. DISCUSSION: This agenda item is the yearly resolution to assess for Open Space maintenance within Open Space District 10, located along East J Street, west of Paseo Ranchero (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for FY 2001/2002. Agenda item 17 of tonight's agenda contains all the general information regarding Open Space Districts. During the preparation ofthe computer file for printing the public notices, an inflation factor of6.8 percent was included as one of the parameters. However, due to a computer error, a factor of only 6 percent was used to generate the maximum assessment amount. Since the time factor precludes sending out corrected notices, the assessment amounts have been changed to reflect the 6 percent rate of increase. Fortunately, this will have no effect on the collection rate for Open Space District 10. The assessment rates can be corrected for Fiscal Year 2002/2003, when amounts equal to the 0.8 percent will be included prior to calculating the new inflation factor. Updated figures for the projected end of year fund balance have been obtained nom the Finance Department. These changes are generally minimal and are reflected in our spreadsheets. Where the fund balance is lower than originally projected, the reserve percentage was reduced if possible in order to avoid increasing the collection amount above the amounts stated in the previous agenda statement. /5-/ - ."'..--- Page 2, Item /5" Meeting Date 6/19/01 TABLE 1 PRIOR FY'S VS. FY 2001/2002 ASSESSMENT/COLLECTIBLE ~ ~Ii¡ ~~ ~I 65 ~ ~ ... ~ 9 t) c8 10 ~ ... ~ 0 1 ~ ... ~ "'1 =II: t LÜ I --' !::: f- ....-----. -",",-- ----" '" - - ,,-----, - ESTIMATE OF MAINTENANCE COSTS FY 2001/2002 ATTACHMENT B 10 Open°-,~/Jace District El Rancho del Rey 6 & Casa del Rey FISCAL YEARS 2001-2002 2000-2001 1999-2000 Personal Services Utilities $ 343.00 $ 332.00 $ 325.00 Trash Collection & Disposal 840.00 840.00 Water 16,421.00 16,421.00 16,099.00 Services to maintain structures, grounds 550.00 550.00 200.00 City Staff Services 10,330.00 8,941.00 8,941.00 Contract Services 30,920.00 29,448.00 31,525.00 Landscape Supplies 739.00 739.00 739.00 Materials to maintain structures, grounds 380.00 380.00 380.00 Backflow Certification Professional Services 2,800.00 2,548.00 Supplementals 200.00 200.00 Other commodities Advertising Transfer: Corporate Yard Debt Service 1,033.00 ESTIMATED MAINTENANCE COST $ 64,556.00 $ 60,399.00 $ 58,209.00 Reserve Requirement $ 45,835.00 $ 45,903.00 $ 44,239.00 Reserve Percent 71% 76% 76% Additional Reserve Less Fund Balance (1) 48,782.00 48,498.00 44,846.00 NET ASSESSMENT $ 61,609.00 $ 57,804.00 $ 57,602.00 Equivalent Dwelling Units (EDU's) 658.37 658.37 658.37 Col[ectible/EDU $ 93.58 $ 87.80 $ 87.49 Percent change from prior years 7% 0% 0% Revenue from even dollar payment $ 61,887.00 $ 57,937.00 $ 57,278.00 Assessment with CPI (2) $ 100.72 $ 95.02 BudgetJEDU $ 98.05 $ 91.74 $ 88.41 Percent change from prior,Years 7% 4% 1% Protest: Notes: (1) Estimated fund balance (2) CPI increase for 2000-2001 - 6.0% COUNCIL AGENDA STATEMENT Item I (~ Meeting Date 6/19/01 ITEM TITLE: First Public Hearing to consider testimony on the FY 2001/2002 spread of assessments for Open Space District 14. SUBMITTED BY: Director of Public Works (~ REVIEWED BY: City Manager ~;~ i-g (4/5ths Vote: Yes No X ) Based upon the advice of the City Attomey, agenda items ~ ~ and t ~o have been separated from agenda item 1'7 due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in this district. Council should note that agenda item I ~/ gives all background information and details on Open Space Districts in general which is applicable to this item, but does not include specific information on Open Space District 14. RECOMMENDATION: That Council: 1) Open the heating, take testimony, and close the heating; and 2) Direct staff to return on July 24, 2001 at 6:00 p.m. for the second scheduled public heating. DISCUSSION: This agenda item is the yearly resolution to assess for Open Space maintenance within Open Space District 14, located along the North and South of Country Vistas Lane (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for FY 2001/2002. Agenda item of tonight's agenda contains all the general information regarding Open Space Districts. During the preparation of the computer file for printing the public notices, an inflation factor of 6.8 percent was included as one of the parameters. However, due to a computer error, a factor of only 6 percent was used to generate the maximum assessment amount. Since the time factor precludes sending out corrected notices, the assessment amounts have been changed to reflect the 6 percent rate of increase. Fortunately, this will have no effect on the collection rate for Open Space District 14. The assessment rate can be corrected for Fiscal Year 2002/2003, when amounts equal to the 0.8 percent will be included prior to calculating the new inflation factor. Updated figures for the projected end of year fund balance have been obta'med from the Finance Department. These changes are generally minimal and are reflected in our spreadsheets. Where the fired balance is lower than originally projected, the reserve percentage was reduced if possible in order to avoid increasing the collection amount above the amounts stated in the previous agenda statement. Page 2, Item Meeting Date 6/19/01 TABLE 1 PRIOR FY'S VS. FY 2001/2002 ASSESSMENT/COLLECTIBLE FY 01/02 Proposed Proposed FY 99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY 01/02 FY 01/02 OSD 14 Assmnt/ Collection/ Assnmt/ FY 00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI(1) EDU EDU Bonita Long Canyon $301.46 $293.00 $309.11 $327.66 $327.66 $281.00 $245,414! °)FY 2001/2002 assessment may be set at or below this cap without being subject to a majority protest. Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $281.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $327.66 per EDU. Since the budget per EDU of $320.40 exceeds the collectible amount, staffrecommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 70%. These figures were calculated on the basis of a net assessment of $245,730 and a total of 873.36 EDU's, as shown in Attachment B. Because this District was formed as a result of a 100% petition by the landowners and the assessment is not being raised above the CPI, as provided for in assessment formula, this District is exempt fi:om the provision of Proposition 218. FISCAL IMPACT: Staffcosts associated with the Open Space program are generated by Public Works (including Open Space staff), Data Processing and Finance. Contractual costs are $115,130 as shown in Attachment B. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund will be reimbursed $42,966 from the OSD fund for FY 2001/2002. Attachments: A District Map B Estimate of Cost H:\HO ME~ENGINEER\AGENDA\OSD I4A2FY01-02NEW.doc 0725-30 OSD 10 6/14/01 12:19:50 PM ESTIMATE OF MAINTENANCE COSTS FY 2001/2002 ATTACHMENT B 14 Open Space District Bonita Long Canyon FISCAL YEARS 2001-2002 2000-2001 1999-2000 Personal Services Utilities $ 1,836.00 $ 1,836.00 $ 1,800.00 Trash Collection & Disposal 5,600.00 5,600.00 Water 8g,944.00 89,944.00 88,180.00 Services to maintain structures, grounds 1,400.00 1,400.00 1,240.00 City Staff Services 42,966.00 37,695.00 37,695.00 Contract Services 115,130.00 109,647.00 121,530.00 Landscape Supplies 3,176.00 3,t76.00 3,176.00 Materials to maintain structures, grounds 4,000.00 4,000.00 4,000.00 Backflow Certification Professional Services 10,000.00 g, 100.00 Supplementals 1,240.00 1,240.00 Other commodities Advertising Transfer: Corporate Yard Debt Service 4,535.00 ESTIMATED MAINTENANCE COST $ 279,827.00 $ 263,638.00 $ 257,621.00 Reserve Requirement $ 195,879.00 $ 213,547.00 $ 206,097.00 Reserve Percent 70% 81% 80% Additional Reserve Less Fund Balance (1) 229,976.00 221,703.00 209,349.00 NET ASSESSMENT $ 245,730.00 $ 255,482.00 $ 254,369.00 Equivalent Dwelling Units (EDU's) 873.36 873.36 873.36 Collectible/EDU $ 281.36 $ 292.53 $ 291.25 Percent change from prior years -4% 0% 13% Revenue from even dollar payment $ 245,414.00 $ 255,894.00 $ 264,148.00 Assessment with CPI (2) $ 327.66 $ 309.11 Budget/EDU $ 320.40 $ 301.87 $ 294.98 Percent change from prior years 6% 2% 6% Protest: Notes: (1) Estimated fund balance (2) CPI increase for 2000-2001 - 6.0% COUNCIL AGENDA STATEMENT Item ] r~ Meeting Date 6/19/01 ITEM TITLE: Public Hearing to consider testimony of the FY 2001/2002 levy and collection of assessments for City Open Space Districts 1 through 9, 11, 15, 17, 18, 20, 23, 24, 26, 31 and 33, Bay Boulevard and Town Centre Maintenance Districts and Eastlake Maintenance District No. 1 / SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager (o,,O (4/Sths Vote: Yes No.__X) The City administers 25 Open Space Districts established over the last thirty years. The Districts provide the mechanism to finance the maintenance of common Open Space areas (canyons, trails, medians, etc.) associated with and benefiting from that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for proposed Open Space ma'mtenance. Tonight's action continues the process for FY 2001/2002. The City Engineer has prepared and filed reports on assessments for all existing Open Space Districts. On May 29, 2001 Council approved said reports and set two public heatings, the first of which is tonight at 6:00 p.m., to take testimony on the proposed assessments. The second heating is scheduled for July 24, 2001. RECOMMENDATION: That Council: 1) Open the heating, take testimony, and close the heating; and 2) Direct staffto return on July 24, 2001 at 6:00 p.m. for the second scheduled hearing. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: This agenda statement is the yearly resolution of intention to assess property owners for Open Space maintenance within the City. Table 1 contains the names and locations of the Districts. Table 2 relates the present year's assessment to the proposed assessment and collectible for FY 2001/2002. Following Table 2, there is general information that applies to all Districts. Each District is then analyzed individually. That is followed by a description of the noticing that is required. As a final note, Council should be advised that two individual agenda items contain the same information on Open Space Districts 10 and 14, which were separated from this agenda item due to conflict of interest concerns relating to two Council Members. Background Pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as the "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, Chapter 17.07--Open Space Districts, the City Engineer has prepared and filed annual reports for all existing Open Space Districts. The name and location of each Open Space District is shown in the following table. Page 2, Item, I ~ Meeting Date 6/19/01 TABLE 1 Open Space Districts Within the City of Chula Vista OSD# Name Location 1 E1 Rancho del Rey Units 1-4 Between East H St. & Telegraph Canyon Rd., East of Paseo Ranchero 2 Lark Haven South and East of Loma Verde Park 3 Rancho Robinhood Units 1 & 2 South of Allen School Lane 4 Bonita Ridge Camino Elevado 5 Southbay Villas North end of Crest Dr. 6 Hilltop Vista Camino Vista Rd. 7 Zenith Units 2, 3, and 4 North & South of Palomar, East of 1-805 8 Rancho Robinhood Unit 3 Surrey Dr. 9 E1 Rancho del Rey Paseo del Rey, North of Telegraph Canyon Rd. 10 E1 Rancho del Rey 6, Casa del Rey West ofPaseo Ranchero between H & J Sts. 11 Hidden Vista Village East H St., East of 1-805 14 Bonita Long Canyon North of East H St. between Otay Lakes Rd. & Corral Canyon Rd. 15 Bonita Haciendas Canyon Dr., East of Otay Lakes Rd. 17 Bel Air Ridge Northeast ofPaseo Ladera & East J St. 18 Rancho del Sur East end of East Naples St. 20 Rancho del Rey North of East H St., West of Otay Lakes Rd 23 Otay Rio Business Park West of Heritage/Otay Valley Rd., South of Otay Rio Rd. 24 Canyon View Homes Rutgers Ave., South of East H St. 26 Park Bonita West of the intersection of E St. & Bonita Rd. 31 Telegraph Canyon Estates North of Otay Lakes Rd., West of SR-125 33 Broadway Business Home Village West side of Broadway between J & K Sts. Bay Boulevard Maintenance District Bay Blvd. between E & F Sts. Town Centre Maintenance District Third Ave. between E & G Sts Eastlake Maintenance District #1 Along East H St. and Otay Lakes Rd., adjacent to SR-125 These reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for tonight and for July 24 in accordance with the Landscaping and Lighting Act of 1972. Staff proposes for FY 2001/2002 that the assessment be kept within that amount previously approved, increasing the FY 2000/2001 assessment by an inflation factor. In all cases, staff has set each collectible lower than the proposed assessment for each District. Per the City Code, the inflation factor is the lesser of the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) published the United States Department of Labor Bureau of Labor Statistics, or (b) the change in the estimated California fourth quarter per capita personal income as contained in the Governor's budget published in January of each calendar year. Since the Bureau of Labor Statistics no longer publishes bimonthly data for San Diego, we compared the CPI for the second half of 1999 to the second half of 2000. This CPI increase was 6.8%. The change in the estimated California fourth quarter personal income was 6.98%. Therefore, staff had proposed using the All Urban Consumer Price Index (CPI) increase, which was the lesser figure. Assessment increases equal to or less than the CPI are not subject to majority protest. Only increases over CPIare subject to majority protest. These increases are also exempt from the provisions of Proposition 218. During the preparation of the computer file for printing the public notices, an inflation factor of 6.8 percent was included as one of the parameters. However, due to a computer error, a factor of only 6 percent was used to generate the maximum assessment amount. Since the time factor precludes sending out corrected Page 3, Item Meeting Date 6/19/01 notices, the assessment amounts have been changed to reflect the 6 percent rate of increase. Fortunately, this will have a minimal effect on the collection rates, since it will only affect Open Space District No. 11 and Zones 8 and 9 of Open Space District No. 20. The assessment rates can be corrected for Fiscal Year 2002/2003, when amounts equal to the 0.8 percent will be included prior to calculating the new inflation factor. Updated figures for the projected end of year fund balance have been obtained from the Finance Department. These changes are generally minimal and are reflected in our spreadsheets. Where the fund balance is lower than originally projected, the reserve percentage was reduced if possible in order to avoid increasing the collection amount above the amounts stated in the previous agenda statement. Assessments & Collectibles Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect against the assessment (collectible). The assessments for FY 2001/2002 are proposed at FY 2000/2001 amounts increased by the inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand, are equal to or less than the proposed assessments based on the budget, reserve requirement, savings and fund balances, including interest earnings and prior years' savings. Under staffs recommendation, none of the Open Space Districts are subject to a majority protest on the increase. The proposed assessments and collectibles for FY 2001/2002 are as follows: TABLE 2 Prior FY'S vs. FY 2001/2002 Assessment/Collectible FY 01/02 Proposed Proposed FY 99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY01/02 FY01/02 OSD/Zone Assmnt/ Collection/ Assmnt/ FY 00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assmt +CPI(2) EDU EDU 1 $93.86 $47.00 $96.25 $102.03 $102.03 $96.00 $63,532 2 43.55 35.00 44.66 47.34 47.34 47.00 11,703 3 298.10 288.00 305.67 324.01 324.01 290.00 36,830 4 314.86 235.00 322.86 342.23 342.23 304.00 63,840 5 307.04 180.00 314.84 333.73 333.73 280.00 34,160 6 151.84 76.00 155.69 165.03 165.03 110.00 17,820 7 106.07 89.00 108.76 115.29 115.29 96.00 9,984 8 484.56 362.00 496.86 526.67 526.67 416.00 45,760 9 137.32 134.00 140.81 149.26 149.26 149.00 57,216 11 93.78 61.00 96.16 101.93 101.93 101.00 133,424 15 289.22 221.00 296.56 314.35 314.35 277.00 15,789 17 138.44 43.00 141.96 150.48 150.48 40.00 1,840 18 327.14 223.00 335.45 355.58 355.58 266.00 115,71~3 20 (Zones are below) Zone 1 DB 50.56 0.00 51.84 54.95 54.95 16.92 (3: Zone 2 RC 3.84 3.93 3.94 4.18 4.18 4.15 (31 Zone 3 H 5.47 4.27 5.61 5.95 5.95 4.35 ol Zone 4 BC 20.37 20.84 20.88 22.13 22.13 20.59 (31 Zone 5 I 307.20 310.59 315.00 333.90 333.90 310.32 o) Zone 6 II 236.04 134.29 242.03 256.55 256.55 153.78 (3~ Zone 7 III 145.70 149.36 149.40 158.36 158.36 149.10 (3) Zone 8 NDB 33.59 0.00 34.44 36.51 36.51 36.50 (3) Page 4, Item ~7 Meeting Date 6/19/01 FY 01/02 Proposed Proposed FY 99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY01/02 FY 01/02 OSD/Zone Assmnt] Collect/on/ Assmnt/ FY 00/01 Assnmt/ Collection/ Revenue EDU EDU EDU Assmt +CPI(2) EDU EDU Zone 9 TCC 26.68 13.23 27.35: 28.99 28.99 28.88 (3) 23 374.03 94.00 383.53 406.54 406.54 170.00 15,159 24 560.49 448.00 574.72 609.20 609.20 470.00 18,800 26 439.90 229.00 451.07 478.13 478.13 367.00 6,973 31 454.41 1.00 465.95 493.91 493.91 357.00 123,165 33 1,123.03 0.00 1,151.55 1,220.64 1,220.64 0.00 13 Bay Boulevard (4) 815.33 845.07 845.07 895.77 895.77 878.40 5,613 TownCenter{5) 0.095222 0.098688 0.034804 0.104609 0.104609 0.104543 53,5913 ELMD#1 (Zones are below) Zone A Eastlake I 10.40 10.28 10.67 11.31 11.3 4.03 (6) Zone B Greens 17.01 8.40 17.44 18.49 18.49 5.18 (6; Zone C OTC 140.90 1.35 144.47 153.14 153.14 1.39 (6) Zone D Salt Creek 187.91 176.97 192.68 204.24 204.24 159.93 (6) Zone E TC Channel 26.79 0.00 27.47 29.12 29.12 27.08 (6) (1) Represented average residential assessment in SPA I. (2) FY 2001/2002 assessment may be set at or below this cap without being subject to a majority protest. o) Revenue for all zones included in overall District 20 amount. (4) Bay Boulevard rates based on acres for FY 1999/2000, 2000/2001 and 2001/2002. (5) Town Centre rates based on lot square footage for FY 1999/2000, 2000/2001 and 2001/2002. (6) Revenue for all zones included in overall Eastlake Maintenance District amount. In general, most budgets have increased due to adjustments in utilities and contract services. The increase in utilities is due to projected rate increases; the increase in contract services is due to a CPI clause on contracts. Savings fi~om prior years are proposed to be used to supplement the property owners' collections to provide the revenue needed for FY 2001/2002 maintenance while retaining reserves between 50%-65% (City Code allows reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property owners' requests to return as much excess funds as practical. However, where maintaining a 65% reserve could result in future steep rate increases and/or the need to ballot property owners for an increase in the assessment amount (i.e., the budget is higher than the collectible) staff recommends maintaining a higher reserve. For those Districts where the reserve still exceeds 50-65%, staff recommends using the savings to offset some of the assessments to give lower collectibles. This practice should help avoid reserves in excess of 100% in future years, thereby avoiding processing refund checks. Staff generally tries to keep the assessments within the CPI amount allowed by the Code each year. Following are summarizes of changes for each District. Pursuant to the ordinance, staff has made a distinction between the assessment and collectible amount; the assessment, estimated cost and collection will become the same number whenever an assessment increase is necessary. The proposed assessment per Equivalent Dwelling Unit (EDU) for FY 2001/2002 represents the prior year's assessment with an inflation factor of 6.0%. The assessment per EDU is the figure to be mailed to the property owners; the collectible is the amount to be collected, which is affected by reserves, savings, etc. The collectible reflects impacts of reserve requirements, ending fund balances and savings. For a detailed outline, see Attachment B. Page 5, Item I r7 Meeting Date 6/19/01 FY 01/02 Proposed Proposed FY99/00 FY00/01 FY00/01 CAP: FYO1/02 FY01/02 FY01/02 OSD 1 Assmnt/ Collection/ AssmntY FY00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU E1Rancho del Rey Units 1-4 $93.86 $47.00 $96.25 $102.03 $102.03 $96.00 $63,532 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible of $96.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $102.03 per EDU. The district budget is $81.38 per EDU. The reserve under this recommendation will be 50%. The General Fund will be reimbursed $8,708'for staff services from the OSD fund for FY 2000/2001. These figures were calculated on the basis of a net assessment of $63,324 and a total of 661.79 EDU's, as shown in Attachment B. The fund balance for Fiscal Year 1999-2000 was previously overestimated at $50,633, which resulted in a low collection amount of $47.00 per EDU for Fiscal Year 2000-01. However, the actual 7/01/00 fund balance was $37,792. Due to the underbilling that occurred during the previous fiscal year, an increase to $96.00 per EDU is required to keep the reserve at 50%. This is still below the maximum assessment amount of $102.03 per EDU and the amount of $102.00 per EDU quoted in the previous agenda statement. FY 01/02 Proposed Proposed FY 99/00 FY00/01 FY 00/01 CAP: FY 01/02 FY 01/02 FY01/02 OSD2 Assmnt] Collection/ Assmnt/ FY00/01 AssmntY Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU LarkHaven $43.55 $35.00 $44.66 $47.34 $47.34 $47.00 $11,703 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible of $47.00 per EDU, which is less than the assessment of $47.34 per EDU. Since the budget per EDU of $47.92 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 58%. The General Fund will be reimbursed $2,352 for staff services fi:om the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of$11,750 and a total of 249.00 EDU's, as shown in Attachment B. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the District's budget and reserve in future years in an attempt to lower the budget and determine whether there are additional savings. FY 01/02 Proposed Proposed FY99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY 01/02 FY 01/02 OSD3 Assmnt/ Collection/ Assmnt/ FY00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Rancho Robinhood Units 1 & 2 $298.10 $288.00 $305.67 $324.01 $324.01 $290.00 ~36,830 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible of $290.00 per EDU, which is less than the assessment of $324.01 per EDU. Since the budget per EDU of $346.85 exceeds the collectible amount, Page 6, Item._~ Meeting Date 6/19/01 staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 60%. The General Fund will be reimbursed $7,221 for staff services fi:om the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $36,812 and a total of 127.00 EDU's, as shown in Attachment B. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the District's budget and reserve in future years in an attempt to lower the budget and determine whether there are additional savings. FY 01/02 Proposed Proposed FY 99/00 FY 00/01 FY00/01 CAP: ~FY01/02 FY 01/02 FY 01/02 OSD4 AssnmtJ Collection/ AssmntY FY00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assnmt +CPI EDU EDU Bonita Ridge $314.86 $235.00 $322.86 $342.23 $342.23 $304.00 $63,840 Staffrecommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible of $304.00 per EDU, which is less than the assessment of $342.23 per EDU. Since the budget per EDU of $304.61 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 46%. The General Fund will be reimbursed $10,241 for staff services from the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $63,735 and a total of 210.00 EDU's, as shown in Attachment B. Due to a revision in the estimated end of year fund balance from $58,478 to $29,660, the collection amount of $236 per EDU has been revised to $304 per EDU in order to maintain a reserve of between 40% and 50%. The collection amount is approximately the same as the budget amount. FY 01/02 Proposed Proposed FY99/00 FY00/01 FY00/01 CAP: FY01/02 FY01/02 FY01/02 OSD 5 Assmnt/ Collect/on/ Assmnt/ FY 00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Southbay Villas $307.04 $180.00 $314.84 $333.73 $333.73 $280.00 $34,160 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible of $280.00 per EDU, which is less than the assessment of $333.73 per EDU. The district budget is $279'.57 per EDU. The reserve under this recommendation will be 43%. The General Fund will be reimbursed $5,714 for staff services from the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $34,155 and a total of 122.00 EDU's, as shown in Attachment B. Due to a revision in the estimated end of year fund balance fi'om $28,256 to $14,619, the collection amount of $216 per EDU needed to be revised to $280 per EDU in order to maintain a reserve of between 40% and 50%. The collection amount is approximately the same as the budget amount. Page 7, Item. [ ri Meeting Date 6/19/01 FY 01/02 Proposed Proposed FY 99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY01/02 FY01/02 OSD 6 Assmnt/ Collection/ Assrnnff FY 00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Hilltop Vista $151.84 $76.00 $155.69 $165.03: $165.03 $110.00 $17,820 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible orS110.00 per EDU, which is less than the assessment of $165.03 per EDU. The district budget is $104.72 per EDU. The reserve under this recommendation will be 64%. The General Fund will be reimbursed $3,115 for staff services t~om the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $18,016 and a total of 162.00 EDU's, as shown in Attachment B. FY 01/02 Proposed Proposed iFY 99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY01/02 FY01/02 OSD 7 Assnmt/ Collection/ Assrnnt/ FY 00/01 Assmnff Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Zenith Units 2, 3, & 4 $106.07 $89.00 $108.76 $115.29 $115.29 $96.00 $9,984 Staffrecommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staffalso recommends a collectible of $96.00 per EDU, which is less than the assessment of$115.29 per EDU. Since the budget per EDU of $107.80 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $2,243 for staff services from the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $9,982 and a total of 104.00 EDU's, as shown in Attachment B. FY 01/02 Proposed Proposed FY 99/00 FY00/01 FY 00/01 CAP: FY 01/02 FY 01/02 FY01/02 OSD 8 Assmnt/ Collection/ Assmnt/ FY 00/01 Assmm/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Rancho Robinhood Unit 3 $484.56 $362.00 $496.86 $526.67 $526.67 $416.00 $45,760 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible of $416.00 per EDU, which is less than the assessment of $526.67 per EDU. Since the budget per EDU of $435.94 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 50%. The General Fund will be reimbursed $7,813 for staff services fi.om the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $45,753 and a total of 110.00 EDU's, as shown in Attachment B. Page 8, Item Meeting Date 6/19/01 FY 01/02 Proposed Proposed FY 99/00 FY00/01 FY 00/01 CAP: FY 01/02 FY01/02 FY 01/02 OSD 9 Assmnt/ Collection/ Assmntj FY 00/01 AssmntJ Collection/ Revenue EDU EDU EDU Assmnt +CPi EDU EDU El'Rancho del Rey Units $137.32! $134.00 $140.81 $149.26 $149.26 $149.00! $57,216 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staffalso recommends a collectible of $149.00 per EDU, which is less than the assessment of $149.26 per EDU. Since the budget per EDU of $165.33 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 64%. The General Fund will be reimbursed $10,168 for staff services from the OSD fired for FY 2001/2002. These figures were calculated on the basis of a net assessment of$57,110 and a total of 384.00 EDU's, as shown in Attachment B. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the District's budget and reserve in future years in an attempt to lower the budget and determine whether there are additional savings. FY 01/02 Proposed Proposed FY99/00 FY00/01 FY00/01 CAP: FY01/02 FYO1/02 FY01/02 OSD ll Assmnt/ Collection/ AssmntJ FY00/O1 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Hidden Vista Village $93.78 $61.00 $96.16 $101.93 $101.93 $101.00 $133,424 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staffalso recommends a collectible of $101.00 per EDU, which is less than the assessment of $101.93 per EDU. The district budget is $94.75 per EDU. The reserve under this recommendation will be 37%. The General Fund will be reimbursed $19,519 for staff services from the OSD fund for FY 2001/2002. These figures were calculated on the basis ora net assessment of $133,808 and a total of 1,321.03 EDU's, as shown in Attachment B. Because the reserve amount for this District is less than 50%, due to a fund balance smaller than previous years ($37,671), Public Works (including Open Space staff) will review the District's budget, fund balance and reserve in future years in an attempt to adjust the budget and/or fund balance and determine whether there are additional savings. FY 01/02 Proposed Proposed FY99/00 FY00/01 FY00/01 [ CAP: FY 01/02 FY01/02 FY01/02 OSD 15 Assmnt/ Collection/ Assmnff FY00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Bonita Haciendas $289.22 $221.00 $296.56 $314.35 $314.35 $277.00 $15,789 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible of $277.00 per EDU, which is less than the assessment of $314.35 per EDU. Since the budget per EDU of $300.16 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this Page 9, Item I~ Meeting Date 6/19/01 because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 54%. The General Fund will be reimbursed $3,137 for staff services fxom the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $15,796 and a total of 57.00 EDU's, as shown in Attachment B. FY 01/02 Proposed Proposed FY99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY01/02 FY01/02 OSD 17 Assmnff Collection/ Assnmt/ FY 00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assnmt +CPI EDU EDU Bel Air Ridge $138.44 $42.00 $141.96 $150.48 $150.48 $40.00 $1,840 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staffalso recommends a collectible of $40.00 per EDU, which is less than the assessment of $150.48 per EDU. Since the budget per EDU of $95.02 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 75%. The General Fund will be reimbursed $1,206 for staff services from the OSD fund for FY 2001/2002. These figures were calculated based on a net assessment of $1,850 and a total of 46.00 EDU's, as shown in Attachment B. FY 01/02 Proposed Proposed FY99/00 FY00/01 FY 00/01 CAP: FY 01/02 FY01/02 FY 01/02 OSD 18 Assmnt/ Collection/ Assmnt/ FY00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Rancho delSur $327.14 $223.00 $335.45 $355.58 $355.58 $266.00 $115,710 Staffrecommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staffalso recommends a collectible of $266.00 per EDU, which is less than the assessment of $355.58 per EDU. Since the budget per EDU of $281.29 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 60%. The General Fund will be reimbursed $19,093 for staff services from the OSD fund for FY 2001/2002. These figures were calculated on the basis ora net assessment of$115,509 and a total of 435.00 EDU's, as shown in Attachment B. FY 01/02 Proposed Proposed O8D20 FY99/00 FY 00/01 FY00/01 CAP: FY01/02 FY01/02 FY01/02 Rancho del Rey Assmnt/ Collection/ Assmnt/ FY 00/01 Assmnt] Collection/ Revenue EDU EDU EDU Assrnnt +CPI EDU EDU Zone 1 - Desilting Basin $50.56 $0.00 $51.84 $54.95 $54.95 $16.92 Zone 2 - Rice Canyon 3.84 3.93 3.94 4.18 4.18 4.15 Zone 3 - H St. 5.47 4.27 5.61 5.95 5.95 4.35 Zone 4 - Business Centre 20.37 20.84 20.88 22.13 22.13 20.59 Zone 5 - SPA I 307.21 310.59 315.00 333.90 333.90 310.32 Zone 6 - SPA II 236.04 134.29 242.03 i 256.55 256.55 153.78 Zone 7 - SPA III 145.70 149.36 149.40 158.36 158.36 149.10 (3) Zone 8 - North Desiltin~ Basin 33.59 0.00 34.44 36.51 36.51 36.50 Zone 9 - Telegraph Canyon Channel 26.68 13.23 27.35 28.99 28.99 28.88 Page 10, Item ]~] Meeting Date 6/19/01 [ o~Revenue for all zones included in overall District 20 amount. I Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA 1 is almost completely developed, SPA H and SPA III homes are under construction. This District was established in 1989 encompassing all three areas with the understanding that the Open Space improvements would be constructed in phases. Because this is a large District and not all of the items to be maintained have a benefit to the entire District, OSD 20 is made up of several zones as indicated above. Every property within the District is in more than one zone. TABLE 3 OSD 20 Typical Combined Assessment (FY2001/2002) SPA I (Zones I or 8, 2, 3, & 5) $356 SPA II (Zones ! or 8, 2, 3, & 6) $325 SPA III (Zones 1 or9, 3, & 7) $177 Business Centre (Zones 1, 2, 3, & 4) * · Industrial (per acre) $1,008 · Commercial (per acre) $1,268 Staff recommends that the assessments remain the same for each zone as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. In each of these zones, staff recommends a collectible which is equal to or below the proposed assessment. The reserves for each zone vary depending upon the budgets, reserves and amortized costs (see budget worksheet). The reserve requirement for this District is acceptable, pursuant to City Municipal Code. The General Fund will be reimbursed $1.62,958 for staff services from the OSD fund for FY 2001/2002. Zone 8 was established in July 1994 for the maintenance of a desilting basin and access road located at the downstream end of the Bonita Drainage Basin. Maintenance work included replacement of the access road every eight years. The developer was required to maintain the basin for five years, after which it was assumed that the City would maintain the basin using funds collected through this zone. Although the City has not yet accepted this facility, the road needs to be rebuilt. Staff recommends that the City charge the maximum rate in this zone in order to build up a reserve to pay for this work. During Fiscal Year 2000/2001 the Telegraph Canyon Channel was accepted for maintenance by the City after all required approvals were maintained. These costs are included in both OSD No. 20 Zone 9, Eastlake Maintenance District 1 Zone E, and OSD 31. Reserves accumulated in these districts for channel maintenance will be used to pay for a portion of the maintenance costs. FY 01/02 Proposed Proposed FY 99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY 01/02 FY01/02 OSD23 Assmnt/ Collection/ Assmnff FY00/01 AssmntY Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Otay Rio Business Park $374.03 $94.00 $383.53 $406.54 $406.54 $170.00 $15,159 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staffalso recommends a collectible of $170.00 per EDU, which is less than the assessment of $406.54 per EDU. The district budget is $152.83 per EDU. The reserve under this Page 11, Item_L~ Meeting Date 6/19/01 recommendation will be 55%. The General Fund will be reimbursed $2,609 for staff services from the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $15,173 and a total of 89.17 EDU's, as shown in Attachment B. Additional landscape improvements that would benefit properties in this District are being added along Otay Valley Road. Staff is preparing an Engineer's Report and separate documentation for Council approval, which would amend the District to indlude maintenance of these improvements starting in FY 2001/2002. The above rates are for previously existing improvements only. FY 01/02 Proposed Proposed 'FY 99/00 FY00/01 FY 00/01 CAP: FY 01/02 FY01/02 FY 01/02 OSD24 Assnmt/ Collection/ Assnmff FY00/01 Assnmt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Canyon View Homes $560.49 $448.00 $574.72 $609.20 $609.20 $470.00 $18,800 Note: OSD 24 consists of only 40 townhomes sharing in the cost of large, landscaped slopes adjacent to the townhomes. Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible of $470.00 per EDU, which is less than the assessment of $609.20 per EDU. Since the budget per EDU of $570.10 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 60%. The General Fund will be reimbursed $4,000 for staff services from the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of$18,811 and a total of 40.00 EDU's, as shown in Attachment B. FY 01/02 Proposed Proposed FY99/00 FY00/01 FY00/01 CAP: FY 01/02 FY 01/02 FY01/02 OSD 26 AssnmtJ Collection/~ Assmnt/ FY 00/01 Assmnff Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Park Bonita $439.90 $229.00 $451.07 $478.13 $478.13 $367.00 $6,973 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible of $367.00 per EDU, which is less than the assessment of $478.13 per EDU. Since the budget per EDU of $375.00 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 50%. The General Fund will be reimbursed $1,623 for staff services from the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $6,964 and a total of 19.00 EDU's, as shown in Attachment B. FY 01/02 Proposed Proposed FY 99/00 FY00/01 FY00/01 CAP: FY 01/02 FY01/02 FY01/02 OSD 31 Assmnt/ Collection/ Assnmt/ FY 00/01 AssmnlY Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Telegraph Canyon Estates $454.41 $1.00 $465.95 $493.91 $493.91 $357.00 $123,165 Page 12, Item_J_~ Meeting Date 6/19/01 Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff also recommends a collectible of $357.00 per EDU, which is less than the assessment of $493.91 per EDU. The district budget is $326.49 per EDU. The reserve under this recommendation will be 36%. Staff recommends increase to a minimum of 50% reserve over a two-year period. The General Fund will be reimbursed $17,620 for staff services from the OSD fund for FY 2001/2002. These figures were calculated on the basis ora net assessment of $123,096 and a total of 345.00 EDU's, as shown in Attachment B. From FY 1994/1995 through FY 1999/2000, a minimal amount of improvements were turned over to the City for maintenance. For FY 1994/1995 through FY 2000/2001, the City collected a minimal amount per EDU due to an excess of available funds. However, in October 2000 a group of tennis courts was turned over to the City for maintenance. After being large enough in the past to more than offset any expenditures, this fiscal year the fund balance has shrunk to a much smaller figure ($30,091). Thus, staffis requesting the collectible of $357.00 per EDU, which is needed to maintain a 50% reserve. Additionally, a portion of Telegraph Canyon Channel maintenance must be added for FY 2001/2002. FY 01/02 Proposed Proposed FY99/00 FYO0/O1 FY00/01 CAP: FY01/02 FY01/02 FY01/02 OSD33 AssmntY Collection/ Assmnt/ FY00/01 Assnmt/ Collection/ Revenue EDU EDU EDU Assnmt +CPI EDU EDU IBroadwa¥ Business Home Village $1,123.04 $0.00 $1,155.55 $1,220.64 $1,220.64 $0.00 $0 ~No funds collected since inception. Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. The budget per EDU is $0.00, therefore, staff recommends no collectible. The reserve under this recommendation will be 0%, since no construction is anticipated to be completed during FY 2001/2002. Community Development has requested, since FY 1996/1997, that no funds be collected because no construction has been done on this project. Staff is currently in negotiations with a new developer who plans to construct a multi-use multiple family and commercial development in this area. Staff may recommend collecting revenue for FY 2001/2002 or later because funds will be needed to do required Open Space maintenance if construction is completed as anticipated in summer 0f2002. FY 01/02 Proposed Proposed FY 99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY 01/02 FY 01/02 AssmntY Collection/ Assmnt/ FY00/01 AssmntY Collection/ Revenue Bay Boulevard Acre Acre Acre Assmnt +CPI Acre Acre IMaintenance District $815.336 $845.07 $845.07 $895.77 $895.77 $878.40 $5,61~ This District was reestablished in FY 1999/2000 on the basis of acreage. Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of approximately 6.0%, as permitted in the Engineer's Report for this District. Staff also recommends a collectible of $878.40 per acre, which is less than the assessment of $895.77 per acre. Since the budget of $2,842.16 per acre exceeds the collectible amount, staff recommends utilizing the fired balance to make up the difference. Funds are available because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 48%. The General Fund will be reimbursed $9,575 for staff services from the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $5,613 and a total acreage amount of 6.39, as shown in Attachment B. Page 13, Item_J_~ Meeting Date 6/19/01 Since the budget amount exceeds the proposed assessment and the reserve percentage is below 50%, staff will review the District's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. There is also a possibility that staff may consider conducting a ballot process next year to increase the assessment amount. FY 01/02 Proposed Proposed FY 99/00 FY00/01 FY 00/01 CAP: FY01/02 FY 01/02 FY 01/02 Assnmt/ Collection/ Assmnt/ FY 00/01 Assmnff Collection/ Revenue Town Centre Acre Acre Acre Assnmt +CPI Acre Acre Maintenance District $0.095222 $0.034804 $0.098688 $0.104609 $0.104609 $0.104543 $53,590 This District was reestablished in FY 1999/2000 on the basis of parcel square footage. Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of approximately 6.0%, as permitted in the Engineer's Report for this District. Staff also recommends a collectible of $0.104543 per square foot, which is less than the assessment of $0.104609 per square foot. Since the budget of$0.11 per square foot exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 54%. The General Fund will be reimbursed $25,896 for staff services fi.om the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net assessment of $53,590 and a total square footage amount of 512,612, as shown in Attachment B. At the request of property and business owners in this District, the City's consultant is preparing the documentation needed to establish a Property-based Business Improvement District (PBID). Council has approved the Notice of Intent on June 8 and on July 24 a public hearing will be held and the ballots will be tabulated for formation of the PBID. If the ballot initiative passes, the PBID will take over the existing maintenance district as of January 1, 2002. Since it is not known for certain whether the PBID will be approved by the property owners, it is still necessary to obtain Council approval for the existing District. FY 01/02 Proposed Proposed EastlakeMaintenance FY 99/00 FY00/01 FY 00/01 CAP: FY 01/02 FY 01/02 FY01/02 , District No. 1 Assmnff Collection/ Assmnt/ FY 00/01 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt +CPI EDU EDU Otay Lakes Road(l) Zone A -Eastlake 1 $10.40 $10.28 $10.67 $11.31 $11.31 $4.03 (3) Zone B - Eastlake Greens 17.01 8.40 17.44 18.49 18.49 5.18 Zone C - Olympic Training Center 140.90 1.35 144.47 153.14 153.14 1.39 Zone D - Salt Creek I 187.91 176.97 192.68 204.24 204.24 159.93 I zone E - Telegraph Canyon Channel (2) 26.79 0.00 27.47: 29.12 29.12 27.08 ! i0 All areas share in the cost of Otay Lakes Road medians and off-site parkways. (2) Portions of Eastlake IBC and Eastlake Greens are in benefit area. ~3) Revenue for all zones included in overall Eastlake Maintenance District amount. Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within ELMD 1. Staff recommends that the assessment for each of the areas remain the same as FY 2000/2001 plus an increase of 6.0% as set forth in the Municipal Code. Staff recommends an annual collectible, as shown in the table, which is below the assessment amount for each zone. The reserve for Zone E, which is being assessed for the first time, is at 55%. Due to a large fi.md balance, the rates for all other zones were Page 14, Item 1~ Meeting Date 6/19/01 substantially decreased. A reserve at or near 100% was used for Zones A, B and D to minimize future increases. The Council report for May 29, 2001 stated that the proposed rate for Zone D for Fiscal Year 2001/2002 would be $70.39 per EDU. At the Council meeting, staff proposed an increase in the rate to $160.00 per EDU based on an increase in the budget. This increase would accommodate repair of the fencing, walls and irrigation systems, as well as providing supplemental planting for areas currently in decline. Council approved the revised rate in the resolution approved on May 29, 2001. Olyrnpic Training Center On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ARCO Olympic Training Center to continue maintenance of Wueste Road landscape improvements. Incorporated in this agreement are safeguards to ensure maintenance is performed to City standards. There are indemnity provisions for both parties for use of paths along Wueste Road. However, OTC turned over to the City maintenance of a median on Olympic Parkway. Staff recommends setting the collectible for Zone C at $1.39 per EDU. OTC is currently maintaining Wueste Road slopes through a landscape maintenance firm that performs services within the Training Center at a price lower than a typical City solicited price. Landscape maintenance firms sometimes subsidize the maintenance of high visibility areas to take advantage of publicity opportunities such sites can provide. The proposed assessment was developed on the basis of the City maintaining all Wueste Road landscape improvements. Maintenance of an infiltration basin located at Wueste Road and Olympic Parkway is also included in Zone C. According to the January 16, 1996 maintenance agreement signed bythe Cities of Chula Vista and San Diego, the U. S. Olympic Committee, and Eastlake, the maintenance costs of this basin would be included in Zone C after a three-year maintenance period by Eastlake and acceptance by the City. The maintenance period has expired; however, Eastlake intends to divert flows from other developments into this basin. Since it would not be appropriate to have Zone C pay all maintenance costs under these circumstances, City staff has deferred acceptance of the basin until a new maintenance agreement can be executed. Notice The public hearings were noticed pursuant to Government Code 6063 which requires that notice be published in a newspaper of general circulation (the Star-News) at least 10 days before the second public heating. Staffhas mailed notice of the hearings to property owners in all Open Space Districts. The notice informed the resident of his/her District, the current year assessment, the CPI adjustment and the proposed assessment for FY 2001/2002. Approximately 15,000 properties received notices. Plans, specifications, and assessment rolls are on file in the Public Works/Engineering office. Page 15, Item I'[ Meeting Date 6/19/01 FISCAL IMPACT: Public Works (including Open Space staff), Data Processing and Finance generate staff costs associated with the Open Space program. Contractual costs ($838,565) are outlined in Attachment B. These costs are recovered through the OSD collectible, causing no net fiscal impact. The total General Fund reimbursement for City staff services from the above listed OSD Funds for FY 2001/2002 is estimated to be $366,153. Attachments: A District Maps B Cost Summary H:~HOME~ENGINEERL~GENDA\OSDistsA2FY01-02NEW TOM doc 0725-30-O8D 00 I- 0 Z ESTIMATE OF MAINTENANCE COSTS FY 2001/2002 ATTACHMENT B PAGE 1 OF 8 1 2 3 Open Space District El Rancho del Roy Units 1-4 Lark Haven Rancho Robinhood Units I & 2 FISCAL YEARS 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 Personal Services Utilities $ 643,00 $ 571.00 $ 560.00 I $ 205.00 $ 199~00 $ 195.00 $ 750.00 $ 750.00 $ 735.00 Trash Collection & Disposal 1,400.00 1,400.00 1,400.00~ 1,400.00 1,400.00 Water 21,175.00 21,175.00 20,760.00 2,580.00 2,580.00 2,529.00 14,434.00 13,617.00 13,350.00 Services to maintain structures, grounds 770.00 770.00 360.00 1,110.00 1,110.00 40.00 490.00 490,00 400.00 City Staff Services 8,708.00 7,762.00 7,752.00 2,352.00 2,144.00 2,144.00 7,221.00 6,290.00 6,290.00 Contract Services 16,314.00 15,537~00 17,169.00 4,345.00 4,138.00 5,448.00 15,258.00 14,531.00 18,042.00 Landscape Supplies 980.00 980.00 980.00 337.00 337~00 337.00 207.00 207.00 207.00 Materials to maintain structures, grounds 1,040.00 1,040.00 1,040.00 380.00 380.00 380.00 800.00 800.00 800.00 Backflow Certification Professional Services 1,600.00 1,460.00 400.00 360.00 2,400.00 2,160.00 Supplementals 360.00 360.00 40.00 40.00 400.00 400.00 Other commodities Advertising Transfer: Corporate Yard Debt Service 869.00 184.00 690.00 ESTIMATED MAINTENANCE COST $ 53,859.00 $ 51,055.00 $ 50,031.00 $ 11,933.00 $ 11,288.00 $ 11,073.00 $ 44,050.00 $ 40,645.00 $ 39,824.00 Reserve Requirement $ 26,930.00 $ 30,633.00 $ 41,025.00 1 $ 6,921.00 $ 9,030,00 $ 9,966.0.0, $ 26,430.00 $ 32,516.00 $ 32,656.00 Reserve Percent 50% 60% 82% 58% 80% 90 ~ 60% 80% 82% Additional Reserve Less Fund Balance (1) 17,465.o0 50,757.00 64,522.00 7,194.00 11,510.00 12,838.00 33,668.00 36,642.00 36,146.00 NET ASSESSMENT $ 63,324.00 $ 30,931.00 $ 26,534.00 $ 11,750,00 $ 8,808,00 $ 8,201.00 $ 36,812.00 $ 36,519.00 $ 36,334.00 .- Equivalent Dwelling Units (EDU's) 661.79 661.79 661 79 249.00 249.00 249,00 127~00 127.00 127.00 ~- Collectible/EDU $ 95.69 $ 46.74 $ 40.09 $ 47.19 $ 35,37 $ 32.94 $ 289.86 $ 287.55 $ 286.09 ,. Percent change from prior years 105% 17% 1% 33% 7% 0°/~ 1% 1% 0% Revenue from eves dolfar payment $ 63,532.00 $ 31,104.00 $ 26,472.00 $ 11,703.00 $ 8,715.00 $ 8,2t7.00 $ 36,830.00 $ 36,578.00 $ 36,322,00 Assessment with CPI (2) $ 102.03 $ 96.25 $ 47.34 $ 44.66 $ 324.01 $ 305.67 Budget/EDU $ 81.38 $ 77.15 $ 75.60 $ 47.92 $ 45.33 $ 44.47 $ 346.85 $ 320.04 $ 313,57 Percent change from prior,veers 5% 2% 4% 6% 2% 6% 8% 2% Protest: Notes: (1) Estimated fund balance (2) CPI increase for 2000-2001 - 6.0% ESTIMATE OF MAINTENANCE COSTS FY 2001/2002 ATI'ACHMENT B PAGE 2 OF 8 4 5 6 Open Space District Bonita Ridge Seuthbay Villas Hilltop Vista FISCAL YEARS 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 Persor~al Services Utilities $ 1.455.00 $ 1,428,00 $ 1~400,00 $ 220.00 $ 214.00 $ 210.00 $ 281.00 $ 280,00 $ 275.00 Trash Collection & Disposal 1,400.00 1,120.00 280.00 280.00 Water 14,683.00 13,852.00 13,580,00 10,607.00 10,007.00 9,811.00 5,607.00 5,607.00 5,497.00 Services Io maintain slructures, grounds 210.00 210~00 600,00 860.00 860.00 120.00 240.00 240.00 120.00 City Staff Services 10,241.00 8,818.00 8,818.00 5,714.00 5,012.00 5,012.00 3,115.00 2,777.00 2,777.00 Contract Services 30,075.00 28,642,00 31,054.00 12,826,00 12,215.00 14,061.00 5,570.00 5,304.00 5,700.00 Landscape Supplies 1,103.00 1,103,00 1,103.00 947.00 947.00 947.00 311.00 311.00 311.00 Materials to maintain structures, grounds 800.00 800.00 800.00 800.00 800.00 800.00 780.00 780.00 780~00 Backliow Certification Profeesional Services 2,400.00 2,184.00 1,200,00 1,456.00 400.00 360.00 Supplementals 600.00 600.00 120.00 120.00 120.00 120,00 Other commodities Advertising Transfer: Corporate Yard Debt Service 1,002.00 534.00 261.00 ESTIMATED MAINTENANCE COST $ 63,969.00 $ 58,757.00 $ 57,355.00 $ 34,106.00 $ 31,631.00 $ 30,961.00 $ 16,965.00 $ 15,779,00 $ 15,460.00 Reserve Requirement $ 29,426.00 $ 37,604.00 $ 42,443.00 $ 14,666.00 $ 20,560.00 $ 26,007.00 $ 10,858.00 $ 11,834,00 $ 14,532.00 Reserve Percent 46% 64% 74% 43% 65% 84% 64% 75% 94% Additional Reserve Less Fund Balance (1) 29,660.00 47,046.00 52,967.00 14,619.00 30,209.00 35,594.00 9,924.00 15,289.00 17,699.00 NETASSESSMENT $ 63,735.00 $ 49,315,00 $ 46,831.00 $ 34,155.00 $ 21,982.00 $ 21,374.00 $ 17,899.00 $ 12,324.00 $ 12,293.00 Equivalent Dwelling Units (IFDU's) 210.00 210.00 210.00 122.00 122.00 122.00 162.00 162.00 162.00 CollectibletEDU $ 303.50 $ 234.83 $ 223.00 $ 279.96 $ 180.18 $ 175.20 $ 110.49 $ 76.07 $ 75.88 Percent change from pdor years 1% 5% 0% 55% 3% -1% 45% 0% 0% Revenue from even dollar payment $ 63,840.00 $ 49,350.00 $ 46,830.00 $ 34,160.00 $ 21,960.00 $ 21,360,00 $ 17,820.00 $ 12,312.00 $ 12,312.00 Assessment with CPI (2) $ 342.23 $ 322.86 $ 333.73 $ 314,84 $ 165.03 $ 155.69 Budget/EDU [$ 304.61 $ 279.80 $ 273.12 $ 27g.57 $ 259.27 $ 253.78 $ 104.72 $ 97.40 $ 95,43 Percent chance from pdor )/earsI 9% 2% 3% 8% 2% 7% 8% 2% 3~ Protest: Notes: (1) Estimated fund balance (2) CPi increase for 2000-2001 - 6.0% ESTIMATE OF MAINTENANCE COSTS FY 2001/2002 ATTACHMENT B PAGE 3 OF 8 7 8 9 Open Space District Zenith Units 2, 3 and 4 Rancho Robinhood Unit 3 El Rancho del Rey FISCAL YEARS 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 Personal Services Utilities $ 189.00 $ 173.00 $ 170.00 $ 363.00 $ 326.00 $ 320.00 ! $ 396.00 $ 357.00 $ 350.00 Trash Collection & Disposal 280.00 280.00 2,520.00 2,520.00 1,400.00 Water 3,943.00 3,943.00 3,866.00 13,931.00 13,931.00 t3,658.00 21,628.00 21,628.00 21,204.00 Services to maintain structures, grounds 290.00 290.00 200.00 630.00 630.00 320,00 580.00 580,00 320.00 I City Staff Services 2,243.00 2,055.00 2,055.00 7,813.00 6,692.00 6,892~00 10,168.00 9,024.00 9,024.00 Contract Services 3,180.00 3,028.00 3,566.00 22,277.00 21,216.00 22,038.00 21,944.00 20,899.00 23,979.00 Landscape Supplies 234.00 234.00 234.00 422.00 422.00 422.00 1,005.00 1,005,00 1,005.00 Materials to maintain structures, grounds 360.00 360.00 360.00 350.00 350.00 350.00 i 1,500.00 1,500.00 1,500.00 Ba ck~ow Cedification Professional Services 400.00 364.00 800.00 728.00 2,400.00 2,184.00 Supplementals 200.00 200.00 320.00 320.00 320.00 320.00 Other commodities Advertising Transfer: Corporate Yard Debt Service 172.00 767.00 1,024.00 ESTIMATED MAINTENANCECOST $ 11,211.00 $ 10,647.00 $ 10,451.00 $ 47,953.00 $ 45,095.00 $ 44,000.00 $ 63,485.00 $ 60,017.00 $ 58,782.00 Rese~veRequirement $ 7,287.00 $ 8,731.00 $ 8,988.00 $ 23,977.00 $ 32~919.00 $ 31,680.00 $ 40,630.00 $ 45,613.00 $ 47,613.00 Reserve Percent 65% 82% 86°,~ 50% 73% 72~ 64% 76% 81% Additional Reserve Less Fund Balance (1) 8,516.00 10,137.00 10,292.00 26,177.00 38,181.00 35,757.00 47,005.00 54,042.00 55,875.00 NETASSESSMENT $ 9,982.00 $ 9,241.00 $ 9,147.00 $ 45,753~00 $ 39,833.00 $ 39,923.00 $ 57,110.00 $ 51,588.00 $ 50,520.00 Equivalent Dwelling Units (EDU's) 104.00 104.00 104.00 110.00 110.00 110.00 384.00 384.00 364.00 Collectible/EDU $ 95.98 $ 88.86 $ 87.95 $ 415.94 $ 362.12 $ 362.94 $ 148.72 $ 134.34 $ 131.56 Percent change from prior years 8 % 1% 0~ 15% 0% -1 o/~ 11% 2% 0~ Revenue from even dollar payment $ 9,984.06 $ 9,256.00 $ 9,152.00 $ 45,760.00 $ 39,820.00 $ 39,930.00 $ 57,216.00 $ 51,456.00 $ 50,688.00 Percent chan~le from prior years 5% 2% 1% 6% 2% 3% 6% 2% 4% Protest: Notes: (1) Estimated fund balance (2) CPI increase for 2000-2001 - 6.0% ESTIMATE OF MAINTENANCE COSTS FY 2001t2002 ATFACHMENT B PAGE 4 OF 8 Open Space District lO 11 14 El Rancho del Rey 6 & Cass del Rey Hidden Vista Village Bonita Long Canyon FISCAL YEARS 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 Personal Services Utilities $ 343.00 $ 332.00 $ 325~00 $ 616.00 $ 510.00 $ 500.00 $ 1,836,00 $ 1,836.00 $ 1,800.00 Trash Collect[on & Disposal 840.00 840.00 4,480.00 4,480,00 280.00 5,600.00 5,600.00 Water 16,421.00 16,421.00 16,099,00 33,405.00 33,405.00 32,750.00 89,944.00 89,944.00 88,180.00 Services to maintain structures, grounds 550.00 . 550,00 200.00 9,400.00 9,400.00 440.00 1,400.00 1,400.00 1,240.00 City Staff Se~ices 10,330.00 8,941,00 8,94%00 19,519.00 34,474.00 17,237.00 42,966.00 37,695.00 37,695.00 Contract Services 30,920.00 29,448,00 31,525.00 44,331.00 42,220.00 60,384.00 115,130.00 109,647.00 121,530.00 Landscape Supplies 739.00 739,00 739.00 711.00 711.00 711.00 3,176.00 3,176.00 3,176.00 Materials to maintain structures, grounds 380.00 380,00 380.00 3,440.00 3,440.00 3,440.00 4,000.00 4,000.00 4,000.00 Backflow Cedification Professional Services 2,800.00 2,548.00 6,800.60 6,188.00 10,000.00 9,100.00 Supplementals 200.00 200.00 440.00 440.00 1,240.00 1,240.00 Other commodities Advertising Transfer: Corporate Yard Debl Service 1,03300 2,025,00 4,535,00 ESTIMATED MAINTENANCE COST $ 64,556.00 $ 60,399.00 $ 58,209.00 $ 125,167.00 $ 135,268.00 $ 115,742.00 $ 279,827.00 $ 263,638.00 $ 257,621.00 Reserve Requirement $ 45,635.00 $ 45,903.00 $ 44,239.00 $ 46,312.00 $ 74,397.00 $ 113,427.00 $ 195,679.00 $ 213,547.00 $ 206,097.00 Reserve Percent 71% 76% 76% 37% 55% 98% 70% 81% 80% Additional Resen,'e Less Fund Balance (1) 48,782.00 48,498.00 44,846.00 37,671.00 129,098.00 159,559.00 229,976.00 221,703.00 209,349.00 NET ASSESSMENT $ 61,609.00 $ 57,804.00 $ 57,602.00 $ 133,808,00 $ 80,567.00 $ 69,610.00 $ 245,730.00 $ 255,482.00 $ 254,369.00 Equivalent Dwelling Units (EDU's) 658.37 658.37 658.37 1,321.03 1,321.03 1,321.03 873.36 873.36 873.36 CollectibletEDU $ 93.58 $ 87,80 $ 87.49 $ 101~29 $ 60.99 $ 52.69 $ 281,36 $ 292.53 $ 291.25 Percent change from pdoryears 7% 0% 0% 66% 16% 0% -4% 0% 13% Revenue from even dollar payment $ 61,887.00 $ 57,937.00 $ 57,278.00 $133,424.00 $ 80,583.00 $ 70,015.005245,414.00 $255,694.00 $264,146,00 Assessment with CPl (2) $ 100.72 $ 95.02 $ 101.93 $ 96,16 $ 327.66 $ 309.11 Budgel/EDU $ 98.05 $ 91.74 $ 88.41 $ 94.75 $ 102.40 $ 67.61 $ 320,40 $ 301.87 $ 294.98 Percent change from prior years 7% 4% 1% -7% 17% 4% 6% 2% 6% Protest: Notes: (1) Estimated fund balance (2) CPI increase for 2000-2001 - 6.0% ESTIMATE OF MAINTENANCE COSTS FY 2001/2002 A~DACHMENT B PAGE 5 OF 8 Open Space District 15 17 18 Bonita Haciendas Bel Air Ridge Rancho del Sur FISCAL YEARS 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 Personal Services Utilities $ 161.00 $ 153.00 $ 150.00 $ 894.00 $ 867.00 $ 850~90 Trash Collection & Disposal 280.00 280.00 $ 560.00 $ 560.00 $ 560.00 Water 6,055.00 6,055.00 5,936.00 36,226.00 36,226.00 35,516.00 Services to maintain structures, grounds 600.00 600.00 120.00 5,170.00 5,170.00 Sity Staff Services 3,137.00 2,825.00 2,B25.00 1,206.00 2,336.00 2,336.00 19,093.00 16,547.00 16,547.00 Sontract Services 5,143.00 4,897.00 6,317.00 1,895.00 1,803.00 1,734.00 55,136.00 52,510.00 55,860.00 Landscape Supplies 204.00 204.00 204.00 550.00 550.00 550.00 986.00 986.00 986.00 'vlaterials to maintain structures, grounds 340.00 340.00 240.00 100.00 100.00 100.00 1,200.00 1,200.00 1,200.00 Bacld]ow Certification ~rofessional Services 800.00 728.00 1,200.00 1,200.00 3upplementals 120.00 120.00 480.00 200.00 ~)ther commodities ~,dve~sing rransfer: Corporate Yard Debt Service 269.00 60.00 1,974.00 ESTIMATED MAINTENANCE COST $ 17,109.00 $ 16,202.00 $ 15,792.00 $ 4,371.00 $ 5,349.00 $ 5,280.00 $ 122,359.00 $ 114,906.00 $ 110,959.00 Reserve Requirement $ 9,239.00 $ 11,017.00 $ 12,949.00 $ 3,278.00 $ 5,082.00 $ 5,280.00 $ 73,415.00 $ 87,329.00 $ 99,863.00 ~eserve Percent 54% 68% 82% 75% 95% 100% 60% 76% 90% Additional Reserve Less Fund Balance (1) 10,552.00 14,619.00 16,607.00 5,799.00 8,446.00 8,646.00 80,265.00 105,212.00 114,510.00 NET ASSESSMENT $ 15,796.00 $12,600.00 $12,134.00 $ 1,850.00 $1,985.00 $1,914.00 $ 115,509.00 $ 97,023.00 $96,312.00 Equivalent Dwelling Units (EDU's) 57.00 57.00 57.00 46.00 46.00 46.00 435.00 435.00 435.00 3ollectibie/EDU $277.12 $221.05 $212.88 $40.22 $43.15 $41.61 $265.54 $223.04 $221.41 ~ercent change from prior years 25 % 4% -1 "/, -7% 4% -32% 19% 1% 0% Revenue from even dollar payment $ 15,789.00 $ 12,597.00 $ 12,141.00 $ 1,840.00 $ 1,978.00 $ 1,932.00 $ 115,710,00 $ 97,005.00 $ 96,135.00 Assessment with CPI (2) $ 314.35 $ 296.56 $ 150.48 $ 141.96 $ 355.58 $ 335.45 Budget/EDU $ 300.16 $ 284.25 $ 277.05 $ 95.02 $ 116.28 $ 114.78 $ 281.29 $ 264.15 $ 255.08 ~ercent change from prior ~/ears 6% 3% -1% - 18% 1% -2% 6% 4% Protest: Notes: (1) Estimated fund balance (2) CPI increase for 2000-2001 - 6,0% ESTIMATE OF MAINTENANCE COSTS FY 2001/2002 A3~-ACHMENT B PAGE 6 OF 8 Open Space District 20 23 24 Rancho de/Rey Otay Rio Business Park Canyon View Homes FISCAL YEARS 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 3ersonal Services $ 18,000.00 Jtilities $ 10,673.00 $ 5,604.00 5,496.00 $ 120.00 $ 92.00 $ 90.00 $ 122.00 $ 122.00 $ 120.00 trash Collection & Disposal 8,400.00 8,120.00 8,120.00 280.00 280.00 280.00 280.00 280.00 280.00 Nater 318,906.00 318,906.00 312,654.00 4,708.00 4,705.00 4,616.00 7,846.00 7,846.00 7,692.00 Services to maintain structures, grounds 40,211.00 29,020.00 20,630.00 250.00 250.00 40.00 610.00 610.00 160.00 3ity Stsff Services 162,958.00 139,274.00 139,272.00 2,609.00 2,379.00 2,379.00 4,000.00 3,447.00 3,447.00 .;ontract Services 433,758.00 411~732.00 395,896.00 3,899.00 3,713.00 4,184.00 7,171.00 6,829,00 7,176.00 .andscape Supplies 16,730.00 16,730.00 16,730.00 210.00 210.00 210.00 400.00 400.00 400.00 vlateria]s to maintain structures, grounds 15,950.00 15,950.00 15,950.00 900.00 900.00 900.00 1,530.00 1,530.00 830.00 3ackflow Certification ~rofessional Services 22,800.00 18,000.00 400.00 364.00 400.00 400,00 ~upplementals 2,040.00 1,010.00 40.00 40.00 80.00 160.00 ;)ther commodities ~,dvertising -ransfer; Corporate Yard Debt Service 11,237.00 212~00 365.00 :-STIMATED MAINTENANCE COST $ 1,043,664.00 $ 964r346.06 $ 932,748.00 $ 13,628.00 $ 12,936.00 $ 12,699.00 $ 22,804.00 $ 21,624.00 $ 20,105.00 {ese~eRequirement $ 7,495.00 $ 7,115.00 $ I2,699.00 $ 13,682.00 $ 15,137.00 $ 17,089,00 ~eserve Percent 55% 55% 100 ~,4( 60% 70% 85% ~dditional Reserve .ess Fund Balance (1) 5,950.00 11,662.00 17,837.00 17,675,00 18,838.00 19,302.00 JETASSESSMENT $ 15,173.00 $ 8,389.00 $ 7,561.00 $ 18,811.60 $ 17,923.00 $ 17,892.00 ~quivalent Dwelling Units (EDU's) 89.17 89.17 89.17 40.00 40.00 40.00 ;ollec0ble/EDU See attached worksheet $ 170,16 $ 94.08 $ 84.79 $ 470.28 $ 448.08 $ 447.30 =ercent change from prior years Rancho del Rey OSD 20 81% 11% -24% 5% 0% 19% tevenue from even dollar payment $ 15,159.00 $ 8,382.00 $ 7,579.00 $ 18,800.00 $ 17,920.00 $ 17,880.00 ~ssessment with CPI (2) $ 406.54 $ 383.53 $ 609.20 $ 574.72 ~udget/EDU $ 152.83 $ 145.07 $ 142.41 $ 570.10 $ 540.60 $ 502.63 'ercent change from pdor years 5% 2% 6% 5% 8% 5% Protest: Notes: (1) Estimated fund balance (2) CPI increase for 2000-2001 - 6.0% ESTIMATE OF MAINTENANCE COSTS FY 2001/2002 A~q-ACHMENT B PAGE 7 OF 8 Open Space District 28 31 33 Park Bonita Telegraph Canyon Estates Broadway Business Home Vii/age FISCAL YEARS 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 Personal Services U61ities $ 120.00 $92.00 $90.00 $ 641.00 $ 643.00 $ 630.00 $ $ $ Trash Collection & Disposal 1,960.00 0.00 0.00 0.00 Water 1,638.00 1,638.00 1,606.00 34,873.00 32,899.00 32,254.00 0.00 0,00 O.00 Services to maintain structures, grounds 600.00 600.00 40.00 4,800.00 4,800.00 480.00 0.00 0,00 0.00 City Staff Services 1,623.00 1,479.00 1,479.00 ~ 17,620.00 14,514.00 14,514,00 0.00 0.00 0.00 Contract Services 2,229.00 2,122.00 3,004,00 37,710.00 34,753.00 43,816,00 ' 0.00 0.00 0.00 Landscape Supplies 200.00 200.00 70.00 2,092.00 2,092.00 2,092.00 0.00 0.90 0.00 Materials to maintain structures, grounds 170.00 170,00 170.00 3,070.00 3,070.00 3,070.00 0.00 0.00 0.00 Bacldlow Certification Professional Services 400.00 364.00 8.100.00 5.600.00 0.00 0.00 0,09 Supplementals 40,00 40.00 80,00 480.00 Other commodities .z~:lvertising Transfer: Coreqrate Yard Debt Service 105,00 1,693.00 ESTIMATED MAINTENANCE COST $ 7,125,00 $ 6,705.00 $ 6.459.00 $ 112,639,00 $ 98,851.00 $ 96,856.00 $ $ $ Reserve Requirement $ 3~563.00 $ 4.828.00 $ 6.459.00 $ 40,550.00 $ 98,851.00 $ 96,856.00 $ $ $ Reserve Percent 50% 72% 1009 36% 100% 100% 100% 100% 100~ Additional Reserve 9,480.00 0.00 0.00 0.00 Less Fund Balance (1) 3,724.00 7,191.00 8,587.00 30,09%00 199,354.00 223,656.00 0.00 0.00 0.00 NET ASSESSMENT $ 6,964.00 $ 4,342.00 $ 4,331.00 $ 123,098.00 $ (1,652.00) $ (20,464.00 $ $ $ Equivalent Dwelling Units (EDU's) 19,00 19.00 19,00 345.00 345.00 345.00 36.00 36.00 36.00 Collectible/EDU $ 366.53 $ 228.53 $ 227.95 $ 356.81 $ (4.79) $ (59.32 $ $ $ Percent change from pdoryeare 60% 0% 0% -7549% -92% -155% -100% Revenue from even dollar payment $ 6,973.00 $ 4,351.00 $ 4,332.00 $ 123,165.00 $ 345.00 $ 345,00 $ $ $ AssessmentwffhCPl(2) $ 478.13 $ 451.07 $ 493,91 $ 465.95 $ 1,229.86 $ 1,151.55 Budget/EDU $ 375.00 $ 352.89 $ 339.95 $ 326.49 $ 286.52 $ 280.74 $ $ $ Percent change from pdor years 6% 4% 4% 14% 2% 3o/~ #DiV/01 #DIV/01 -100% Protest: Notes: (1) Estimated fund balance (2) CPI increase for 2000-2001 - 6.0% ESTIMATE OF MAINTENANCE COSTS FY 200112002 ATTACHMENT B PAGE 8 OF 8 Bay Boulevard Town Centre Easgake Maintenarroe Ope/] Space District Maintenance District Maintenance Distdct District #1 FISCAL YEARS 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 2001-2002 2000-2001 1999-2000 Personal Services $ 1,200.00 Utilities $ 980.00 $ 980.00 $ 961.00 $ 5,042.00 $ 5,538.00 $ 5,429.00 $ 3,795.00 $ 3,795.00 3,720.00 Trash Collection & Disposal 475.00 475.00 475.00 560.00 560.00 560.00 Water 2,891.00 2,891.00 2,834.00 2,682.00 2,530.00 2,480.00 79,961.00 79,911.00 72,804.00 Services to maintain structures, grounds 600.00 120.00 120.00 120~00 120.00 3,410.00 2,990.00 620.00 City Staff Services 9,575.00 9,841.00 9,841.00 25,896.00 25,041.00 25,041.00 41,342,00 34,710.00 34,707.00 Contract Services 15,420.00 10,020.00 10,020.00 100,084.00 90,543.00 90,431.00 Landscape Supplies 850.00 850.00 850.00 600.00 600.00 600.00 1,090.00 1,490.00 1,090.00 Materials to maintain structures, grounds 230.00 230.00 230.00 2,450.00 2,450.00 2,450.00 Back'flow Certification Professional Services 80.00 120.00 3,700.00 3,700.00 3,700.00 1,200.00 1,200.00 Supplementals 1,060.00 600.00 Other commodities 180.00 180.00 1,250.00 1,250.00 1,250.00 Advertising 180.00 180.00 180.00 180.00 Transfer: Corporate Yard Debt Service 480.00 3,684.00 ESTIMATED MAINTENANCE COST $ 15,861.00 $ 15,567.00 $ 15,491.00 $ 55,370.00 $ 48,979.00 $ 48,820.00 $ 238,656.00 $ 218,249.00 $ 207,582.00 ReserveRequlrement $ 7,613.00 $ 5,954.00 $ lO,844.o0 $ 29,900.00 $ 30,857.00 $ 44,426.00 Reserve Percent 48% 38% 70% 54% 63% 91% Additional Reserve Less Fund Balance (1) 17,861.00 16,119.00 25,772.00 31,680.00 61,995.00 81,912.00 NET ASSESSMENT $ 5,613.00 $ 5,402.00 $ 5,2t0.00 $ 53,590.00 $ 17,841.00 $ 11,334.00 Equivalent Dwelling Units (EDU's) 6.39 6.39 6.39 512,612 512,612 512,612 Collectible/EDU $ 878.40 $ 845.07 $ 815~34 $ 0.104543 $ 0.034804 $ 0.023433 See attached worksheet Percent change from pdor years 4% 4% 200% 49% Eastlake Maintenance District #1 Revenue from even dollar payment $ 5,613.00 $ 5,400.00 $ 5,210.00 $ 53,590.00 $ 17,840.95 $ 12,012.04 AsseesmentwithCPl(2) $ 895.7'7 $ 845.07 $ 0.104609 $ 0.098688 Budget/EDU $ 2,482,16 $ 2,436,15 $ 2,424.26 $ 0.11 $ 0,10 $ 0.10 Percent chanCle from pdor years 2% 0% 13% 0% Protest: Notes: (1) Estimated fund balance (2) CPI increase for 2000-2001 - 6.0% Rancho del Roy OSD 20 Rancho del Rey OSD 20 - FY 200112002 Final Fund Balance as of 6/30t00 $1,527,390 Estimated Fund Balance as of 5131101 $1,478,138 Amortized Reserve $815,129 Budget Reserve 861,117 Estimated Interest 58,300 Specific Savings 0 Subtotal $1,734,546 Plus Plus Less Less FY 01/02 Budget FY 01/02 FY 01/02 FY 00101 Savings/ FY 01102 P&R Budget Reserve Req't Amort Cost Cost Budget Res Interest Net Payment Zonel-DBatH $ 19,323 $ 12,560 $ 0 $ 31,863 $ 15,951 $ 1,000 $ 14.932 Zone 2- Rice Cyn $ 34,826 $ 11,739 $ 228 $ 46,493 $ 28,503 $ 1,458 $ 16,532 Zone 3- E H SI $ 29,301 $ 23,441 $ 0 $ 52,742 $ 24,189 $ 1,654 $ 26,899 Zone4-BusinessCtr $ 65,478 $ 42,561 $ 4,002 $ 112,041 $ 54,054 $ 3,514 $ 54,472 Zone 5 - SPA 1 Res $ 570,251 $ 456,201 $ 34,617 $ 1,061,069 $ 470,763 $ 33,280 $ 557,026 Zone6~SPA2Res $ 96,021 $ 76,817 $ 0 $ 172,838 $ 79,269 $ 5,421 $ 88,148 Zone7-SPA3Res $ 227,063 $ 147,591 $ 0 $ 374,654 $ 187,448 $ 11,751 $ 175,455 ZoneS-DB North $ 0 $ 0 $ 4,540 $ 4,540 $ 0 $ 142 $ 4,398 Zone9-TCChannei $ 1,701 $ 833 $ 0 $ 2,534 $ 940 $ 79 $ 1.515 Total $ 1,043,664 $ 771,742 $ 43,387 $ 1,858,793 $ 861,117 $ 58,300 $ 939,376 Assm't Assm'l Assm't Collectible Collectible Cost Cost~ FY 99~00 FY 00t01 FY 01/02 FY 00101 FY 01/02 FY 99~00 FY 00/01 Zone 1-DB $ 50.56 $ 51.84 54.95 0.00 16.92 0.00 $ 0.00 Yes Zone2-RiceCyn $ 3.84 $ 3.94 4.18 3.93 4.15 7.80 $ 8.02 Yes Zone 3 - E H St $ 5.47 $ 5.61 5,95 4.27 4.35 4.40 $ 4.50 Yes Zone4-BusCtr $ 20.37 $ 20.88 22.13 20.84 20.59 23.97 $24.51 1526.27 Yes Zone 5 - SPA 1 Res $ 307.21 $ 315.00 333.90 310.59 310.32 310.17 $322.61I~iiilI Yes Zone 6 - SPA 2 Res $ 236.04 $ 242.03 256.55 134.29 153.78 139.01 $142.I3 Yes Zone 7 - SPA 3 Res $ 145.70 $ 149,40 158.36 149.36 149.10 181.40 $185.30 Yes Zone 8- DB North $ 33.59 $ 34.44 36.51 0.00 36.50 0.00 $ 0.00 Yes Zone 9- TC Chan $ 26,68 $ 27.35 28.99 13.23 28.88 13.76 $ 13.76 __ Yes Rancho del Rey Open Space District No. 20 Amortized Costs Amount Accumulated for FY: 90-91, 91-92, 92-93, 93-94, 94-95, 95-96, 96-97, FY 01-02 Zone Description 97-98, 98-99, 99-00, 00-01, Amount Work description 1 Desilting Basin $134,818.00 $0.00 Desilting basin maintenance (every 5 years) at East H Street $33,500.00 $0.00 Stabilization structures maintenance (every 3 years} $3,649.00 Miscellaneous 2 Rice Canyon $0.00 $0.00 Staging Area - A.C. overlay and stripe (every 5 years) Trail area $813.00 $228.00 Staging area maintenance (30 year period) $0.00 $0.00 Miscellaneous 3 East H Street $0.00 $0.00 4 SPA 1 Phase 1 $44,022.00 $4,002.00 Monumentation replacement (30 year period) Business Center) 5 SPA 1 Phases 2-6 $396,827.00 $34,617.00 Theme wall and monument replacement (30 year) 6 SPA 2 $0.00 $0.00 7 SPA 3 $0.00 $0.00 8 Desilting Basin $0.00 $4,540.00 Access Road/gabion structure not yet accepted by City at Glen Abbey 9 Telegraph Cyn Channel $4,332.00 $0.00 Amortized amount to be used (SPA 3 area) for current maintenance $6t7,961.00 $43,387.00 Notes: 1. Zone 1 - $26,320 (5 yrs) & $6,700 (# yrs) for desilting basin & stabilization structures not collected beyond 5 yrs per Code; Zone 2 - $873 (5 yrs) for AC not collected. 2. Zone 2 & 3 - Amortized cost for walls not determined. 3. Zones 6 & 7 - Theme wall/monumentation to be added. 4. Zone 8 - New gabion structure and access road are to be periodically maintained. Reserves are to be accumulated prior to anticipated acceptance in FY 2002/2003. 5. Zone 9 - See TC spreadsheet for cost breakdown on channel. h:\home\engineer\agenda\OSD 20 amortized costs.xls Eastlake Maintenance District #1 FY2001/2002 BUDGET WORKSHEET Overall Zone A Zone B Zone C Zone D Zone E OLR Eastlake I Greens OTC Salt Creek TC Channel TOTAL Budget 35,000 81,154 38,339 1,438 95,095 6,952 257,978 Reserve Req't 34,825 80,748 38,147 1,100 95,095 3,799 253,715 Special Reserve 0 0 0 0 0 0 0 Total Funds Req'd 69,825 161,902 76,486 2,538 190,190 10,751 511,693 Less amount in reserve 54,612 127,389 60,178 2,258 118,942 0 363,379 Less estimated interest 1,924 4,461 2,108 70 5,241 296 14,100 Subtotal 56,536 131,850 62,286 2,328 I24,183 296 377,479 Net payment 13,289 30,052 14,201 210 66,007 10,455 Participating ADT's 137,045 98,286 33,759 5,000 4,234 386 FY 01/02 Net pa ment/EDU 0.97 3.06 4.21 0.42 155.90 27.08. FY 01/02 Cost/EDU 2.55 8.26 11.36 2.88 224.60 18.0I Asmt Asmt Asmt Payment Payment Asmt> FY 99/00 FY 00/01 FY 01/02 FY 00/01 FY 01/02 Payment Zone A/OLR 10.40 l 0.67 11.31 ! 0.28 4,03 Yes Zone B/OLR 17.01 17.44 ! g.49 8.40 5, ] g Yes Zone C/OLR 140.90 144.47 153.14 1.35 1.39 Yes Zone D/OLR 187.91 t 92.68 204.24 176.97 159.93 Yes Zone E 26.79 27.47 29.12 0.00 27.08 Yes Notes: 1. OLR shown as part of Zone A, B, C & D. 2. Budget forOLRis for ELMD1 only. 3. Zone A budget includes OLR. h:\home\engineer~openspac\0 lelsp.wb3 6/01/01 THE FOLLOWING IS CORRESPONDENCE RECEIVED BY THE CITY CLERK'S OFFICE REGARDING ITEM NO. 17 (THE LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS) REcEIYED Mr. & Mrs. Stephen R~ Arends '0l Jl}{ 13 P 3 .59 1370 Don Carlos Court Chula Vista, CA 91910 Ci~:Y OF GH,LI~A ViS'I ;, ~TY CLERK S OFFICE June 10, 2001 Chula Vista City Council c/o City Clerk's Office 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor, Deputy Mayor, and City Councilmembers, This week the homeowners in our neighborhood received a "Notice of Public Hearing" concerning the Public Works Department's proposed increase in the Open Space District #1 assessment on our annual property tax bills. Unfortunately, we will be unable to attend either one of the scheduled punic hearings this month on June 19th and 24th. That is why we are sending our comments via mail. As homeowners in Chula Vista for almost 25 years, we have seen our county property tax bill continually increase. The extra fees and what are called "fixed charge assessments" levied by various governmental agencies on homeowners' real estate tax bills have climbed, as have various bonds that voters have approved. In an era when homeowners and city governments are trying to stay within a budget, especially when the full impact of increased energy costs are felt, homeown- ers are obligated to convey to you, our elected officials, exactly how we feel about these staff proposed increases in Open Space District assessments for FY 01/02 and beyond. The attached Engineering Division's letter of 06/04/2001 stated that "The proposed maximum assessment equals your current maximum assessment increased by approximately 6.8%." That is apparently an incorrect statement since the City of Chula Vista letter shows a maximum assessment of $96.25 for Chula Vista Open Space District # 1 for FY 00/01 of $96.25. In reality, our actual FY 00/01 fixed charge assessment for Open Space District #1 was $47.00 this year. The Engineering Division's letter of June 4, 2001 suggests that the new OSD #1 assessment for FY 01/02 become $102.02. That would be an unbelievable increase of almost 120%, vice the stated 6.8%. Needless to say, more than doubling the assessment is unaccept- able to us, and all of our neighbors. As residents at this address since the 70's, we've seen only minimal work actually performed in maintaining the City's open space in our part of Chula Vista. When multiplying the number of homeowners who pay this annual assessment via their county property tax bills, citizens are questioning why we are being assessed $47. Otay Water District that serves this portion of Chula Vista is giving ratepayers a rebate. Citizens assume the City is also being given a rebate, ifa portion of our OSD #1 assessment pays for water in our Open Space District. That rebate ought to become a reduction in our FY 01/02 OSD assessment, vice the City staffs proposed 120% increase! We urge all of the members of the Chula Vista City Council to deny the staff's recom- mendation for any increase in the assessment for OSD #1. We prefer that the assessment be reduced, and that the City staffmore aggressively manage the contractor(s) that are now being paid with our OSD fees to perform work in OSD #1. The Chula Vista open space area, for example, adjoining Discovery Park on the east toward Tiara is covered with debris and refuse that should have long ago been removed by whoever that City pays to keep that area clean. That specific area is near the high voltage power lines that might be SDG&E's property~ Regardless, that open space area is unsafe, and an eyesore to the neighborhoods near Discovery Park. One of our sons, Michael, is a homeowner in Tiara, and we have witnessed no effort by the City of Chula Vista to clean up the OSD #1 property near Tiara. The same is true for the open space area west of Discovery Park behind Oakwood Apartments. Seeing the lack of upkeep, discarded shopping carts, no weed cutting in the open space near Tiara to prevent fires, and what little work is being done to keep our neighborhood's open spaces safe and clean, it is unreasonable to expect the homeowners in OSD #1 to embrace the City staff's suggestion to increase our annual assessment. Please convey to the City staffthat is responsible for managing the contractor(s) that are being paid this fiscal year to clean up the litter and large debris in our open spaces that the homeowners are dissatisfied with what has been done in recent years. We are not getting our money's worth now, and object to any increase in the OSD #1 assessment. For the safety of homeowners, and prevention of tragic fires in the open space areas, the overgrown brush ought to be cut back along the open space property lines that adjoin residential properties like Tiara. We have seen the catastrophic results of fire in the City's open space when a canyon fire destroyed homes on Valencia Court a few years ago. The City ought to do more with its current funding to make these open space areas safer for homeowners, and obligate its contractors to do more to remove the debris that thoughtless and law-breaking citizens discard on our City's open space land. Please deny the staff's proposal to increase OSD #1's assessment for FY 01/02. Sincerely, Attachment cc: Councilmember Mary Salas Commissioner A. Y. Casillas, Chula Vista Veterans Commission Armando Buelna, Ass't to Mayor & City Council Michael A. Arends, 1350 Callejon Palacios, #72, Chula Vista, CA 91910 Tom Magness, Chula Vista Dept. of Public Works, Engineering Division CHUtA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION APN # 6422622900 06/04/2001 ARENDS STEPHEN R&CAROLE B 1370 DON CARLOS CT CHULA VISTA CA 91910 NOTICE OF PUBLIC HEARINGS The City Council will consider the annual assessment (proposed Fiscal Year 2001/2002) for maintenance of the Open Space District areas at public hearings scheduled for: June 19, 2001 (Tuesday) at 6:00 PM July 24, 2001 (Tuesday) at 6:00 PM The hearings will take place in the Council Chambers, 276 Fourth Avenue, Chula Vista, CA 91910 and are for the purpose of taking testimony on the assessment proposed by staff. The hearings are intended to provide an opportunity for property owners within each District to convey and express to the City Council their support or opposition to the proposed assessment. At the second hearing on July 24, 2001, the City Council will consider and may confirm the proposed assessment as set forth in this notice or may choose to decrease the final assessment for Fiscal Year 2001/2002 after considering all public testimony. Please be advised that letters of support or opposition may be filed during the public hearings or filed by mail prior to the second hearing at: - City of Chula Vista~ City Clerk, 276 Fourth Avenue, Chula Vista, CA 91910 This assessment is not a "new" assessment. City Council considers the amount of the Open Space assessment each year, takes public comments, and theft determines the assessmei~t mnount. The propose of the annual assessment is to continue maintenance of the Open Space District areas adjacent to or near property owned by you. Below is the number of the Open Space District your property lies in (OSDg0, the proposed maximum assessment OSD~ CV OPEN SPACE D1ST 1 FY 00/01 $96.25 FY 01/02 $10.2.02 The proposed maximum assessment equals your current maximum assessment increased by approximately 6.8 %, as permitted in the City of Chula Vista Municipal Code. Please note that the City Council may choose to collect less than the maximum assessment depending on interest earnings, cost savings, etc. within the Open Space District Fund. The amount will be collected in two installments on your property tax bill. Your participation in this process is encouraged. Should you need additional information, have any questions or wish to set up an appointment with staff, please call the Engineering Division, Tom Magness at (619) 691-5021 ext. 3209 or Elizabeth Chopp at (619) 691-5258. COMPLIANCE WlTtt AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may need special accommodation to access, and/or participate in a City meeting, activity, or service, request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5021 COUNCIL AGENDA STATEMENT Item: Meeting Date: 06/19/01 ITEM TITLE: Public Hearing: Tentative Subdivision Map PCS-01-04, to develop nine lots for single-family homes, at the western extension of E1 Loro Street - Applicant: Dan Irwin. Resolution: of the Chula Vista City Council granting approval and imposing conditions for the Vista Del Loro tentative subdivision map, a 2.03- acre nine-lot subdivision for single-family dwellings units located at the westerly terminus of E1 Loro Street, Chula Vista Tract No. 01-04 SUBMITTED BY: Director of Planning and Building~(~ REVIEWED BY: City Manager ~ O~ (4/5ths Vote: Yes No X_) Developer requests approval for a nine (9)-lot subdivision known as Vista Del Loro, a western extension of E1Loro Street. The project site is located in an existing single-family residential (R-l- 7) Zone, with a Montgomery Specific Plan Land Use Designation of Low/Medium Density Residential (6 - 11 dwelling units per acre), and a General Plan Land Use Designation of Low Medium Residential (6 - 11 dwelling units per acre). The Enviromnental Review Coordinator posted notice of a Mitigated Negative Declaration (MND) on April 11, 2001. RECOMMENDATION: That the City Council adopt the Mitigated Negative Declaration and approve the attached resolution to approve the Vista Del Loro Tentative Subdivision Map. BOARDS/COMMISSIONSRECOMMENDATION: On May 23, 2001 the Planning Commission voted (4-0-1-2) to adopt Resolution PCS-01-04 recommending that the City Council adopt the Mitigated Negative Declaration and approve the Vista Del Loro Tentative Subdivision Map. On April 16, 2001 the Resource Conservation Commission determined the Initial Study was adequate and recommended adoption of a Mitigated Negative Declaration. DISCUSSION: Site Characteristics The site is an undeveloped two-acre portion of property that was recently consolidated from three separate vacant parcels or large portions of parcels that are presently vacant. The combined parcels slope steadily from the northwest to the southeast. Page 2Item: /~ Meeting Date: 06/19/01 The site has been previously filled, and there are no cultural or paleontological resources known to be present, and the site was previously used to pasture horses and raise hay. Additional fill soil (approximately 17,000-cubic yards) will be provided to create a level western extension of E1Loro Street and to develop the pads for the lots on the south side of E1 Loro Street (lots 1 through 4). The extension of E1Loro Street will complete the development of an area that has only one available access point to a public right-of-way at the western dead end of E1Loro Street. The surrounding area is fully developed and existing backyards will abut the new subdivision. The existing single-family homes front Preston Place to the north, Morehouse Place to the south, Fourth Avenue to the west, and E1 Lugar Street and E1 Loro Street to the east. General Plan, Zoning and Land Use GENERAL PLAN: ZONING: CURRENT LAND USE: Site: Low Medium Residential R-1 Vacant Undeveloped Land North: Low Medium Residential R-1 Single Family Residential South: Low Medium Residential R-1 Single Family Residential East: Low Medium Residential R-1 Single Family Residential West: Low Medium Residential R-1 Single Family Residential Proposal The proposal is to develop nine single-family homes on nine lots. The lot sizes range from 7,000-sq. ft. to 10,000-sq. ft. The building pad area or net usable lot area (where construction can occur including the required setbacks) range in size from 5,232-sq. ft. to 7,992-sq. ft. The applicable R- 1-7 standards require a subdivision to provide a minimum of 7,000-sq. ft. per lot. The standards allow up to 10 percent of the lots to be reduced to a minimum of 5,000-sq. ft. and 20 percent to be reduced to a minimum of 6,000-sq. ft., as long as the total average of all lots is a minimum of 7,000-sq. ft. In this subdivision, the average lot size is 7,81 O-sq. ft., and no lot is less than 7,000-sq. ft. However, a proposed storm-water drainage area in the southeast corner or the subdivision will moderately impact the usable lot areas of lots 1 through 4. This storm drainage area will be designed to percolate storm water run-off for the entire subdivision as well as Preston Place. This will be done in order to reduce the quantity of storm water run-off from the development to an amount equal to or less than the present 100-year frequency run-off from Preston Place and on-site. As mentioned above, additional fill soil (approximately 17,000-cubic yards) is needed to create a level western extension of E1 Loro Street and to develop the pads for the lots on the south side of E1 Loro Street (lots 1 through 4). An easement will prohibit the individual property owners of lots 1 through 4 from paving or installing fixed accessory structures on building pads or slabs within the storm drainage easement to the rear of the properties. However, the individual property owners of lots 1 through 4 will be allowed provide additional landscaping elements and even construct view decks on piers at the top of Page 3 Item: / ~ Meeting Date: 06/19/01 slope if they so desire. The landscaping enhancements that will be installed by the developer in this storm drainage basin and 2:1 slope will mirror the currently existing vegetation on the other side of the slope, including trees, shrubs, and groundcover, as required by the conditions of approval. The E1 Loro Street landscape parkway and sidewalk improvements will be continued into the proposed subdivision. A revised tentative subdivision plan and final map will show the landscape parkway located between the sidewalk and the curb, with a minimum width of 5-ft. to allow for the planting of an optimal street tree species. The sidewalks will also be 5-ft. wide to the match the existing condition. The revised tentative subdivision plan and final map may show the property lines to be located directly behind sidewalk. The total City right-of-way required is 56-ft. wide, which is a continuance of the existing 35-ft. wide road bed between faces of 6-inch wide curbs for El Loro Street. Analysis The subdivision appears to be a good fit considering the site characteristics. The area has remained undeveloped for many years. Due to the poor circulation of the neighborhood street system, a cul- de-sac completion of E1 Loro Street is the only option available without affecting the adjacent property owners whose rear yards face the subdivision on all sides. The minimum 7,000-sq. ft. sizes of the lots conform to the zoning code. The street frontage for each lot meets the minimum required for lots facing the street (60-ft.) or on a cul-de-sac (35-ft.). The setbacks prescribed by the building envelopes shown meet or exceed the requirements for front (15- ft.) rear (20-ft.) and side yard (10/3-ft.) setbacks. The design of the lots will also conform to the Subdivision Manual. There is only one exception to the typically prescribed lot design requirements, in that the lot lines for lots 1 through 4 will be located at the toe or beyond the top of slope. However, this exception is allowed by the Subdivision Manual whenever a subdivision boundary is at the toe of the slope, as long as the toe is setback a sufficient distance to allow for the maintenance of a lower level basin located beyond the toe of slope. The design and maintenance mechanism for a basin located at the toe of slope within a subdivision must be in conformance with standards approved by the City Engineer and subject to review and approval by the Planning Commission. In this case, the toe of slope is setback sufficiently to comply with the need to complete a 100-year frequency run-off storm drainage catch basin. The rear property lines run through the center of the proposed storm drainage catch basin. The conditions of approval require that an easement will be obtained on both sides of the subdivision property line, with the need for permission to be granted from the property owners on Morehouse Place to complete the protection of the 100-year frequency run-off storm drainage catch basin. This should be easily accomplished since the area is already landscaped and maintained for such a storm drainage area in the current existing condition. As stated above, additional fill soil (approximately 17,000-cubic yards) will be provided to extend E1 Loro Street and develop the pads for the lots 1 through 4. As a result, it is necessary to create a 2:1 slope for storm-water drainage in the southeast corner or the subdivision. This will moderately Page 4 Item: /~ Meeting Date: 06/19/01 impact the usable lot areas of lots 1 through 4; however, this area is still considered usable lot area in that the individual property owners will be allowed to use this area as well as provide additional landscaping elements. The individual property owners will even be able to construct view decks on piers at the top of slope if they so desire. The only exception or constraint to the further development of this area is that individual property owners will not be able to pave or install fixed accessory structures on building pads or slabs within the storm drainage easement to the rear of their properties. Finally, the continuation of the El Loro Street landscape parkway and sidewalk improvements is a positive response to the existing condition. Currently, there is a 4- I/2-ft. wide parkway between the curb and a 5-ft. sidewalk that is currently without street trees. The conditions of approval will require that the extended landscape parkway be widened to 5-ft. to allow for the planting of an optimal tree species. CONCLUSION: The Vista Del Loro tentative subdivision, based on the required subdivision map findings and subject to the conditions of approval noted in the attached draft City Council Resolution, will be a vast improvement to an undeveloped piece of property that has been languishing in its current state for a number of years. In addition, the development will provide new large lot opportunities (lot sizes between 7,000 - 10,000-sq. ft.), in contrast to what is predominately available in eastern Chula Vista. Moreover, there are few mass-produced tract home subdivisions located in this area. Therefore, the large-sized single-family homes will meet a need for such a housing typology within the Montgomery Specific Plan area (former County of San Diego annexed territory) of western Chula Vista. In sum, the Vista Del Loro subdivision will provide a needed new single-family housing oppommity for potential homeowners seeking to live closer to long established shopping areas, schools, parks, libraries, and job centers. FISCAL IMPACT: The developer will pay all processing fees. ATTACHMENTS: 1. Minutes of the Planning Commission meeting and Planning Commission Resolution 2. Locator Map 3. Tentative Subdivision Map 4. Environmental Documents (Mitigated Negative Declaration, Initial Study) 5. Application Documents and Disclosure Statements J :\PLANNING\HAROLD\PCS-01-04CCREPORT.DOC Planning Commission Minutes - 4 - May 23, 2001 3. PUBLIC HEARING: Tentative Subdivision Map PCS-01-04 to develop nine lots for single-family homes at the western extension of El Loro Street. Applicant, Dan Irwin. Commissioner Cortes received notification of this project in the mail, therefore, he excused himself from the dais and will be abstaining on this item. Background: Harold Phelps reported that the applicant is proposing a 9 lot subdivision known as Vista Del Loro located on the western extension of El Loro Street in the Montgomery area. The site is an undeveloped two-acre portion of property that was recently consolidated from portions of three parcels that are presently vacant. The combined parcels slope steadily from the northwest to southeast corner. The proposal is to develop nine single-family homes ranging in lot sizes from 7,000 sf to 10,000 sf. Additional fill-soil is needed to create a level western extension of El Loro Street and to develop the pads for lots 1 through 4. A storm water drainage area is needed in the southeast corner of the subdivision that will moderately impact the usable lot areas of lots 1 through 4. This storm water drainage area will be designed to percolate storm water run-off for the entire subdivision as well as Preston Place. There will be an easement which will prohibit the property owners of lots 1 through 4 from paving or installing fixed accessory structures on the building pad or slabs to the rear of their properties. Additionally, there will be improvements on the parkway and sidewalk on El Loro Street. Currently there is a 4.5 ft wide parkway that is without street trees and a 5 ft. wide sidewalk. As part of the conditions of approval, the parkway will be widened to 5 feet to allow the planting of an optimal tree species. Staff Recommendation: That the Planning Commission adopt Resolution PCS-01-04 recommending adoption of the Mitigated Negative Declaration and approval of the Vista Del Loro tentative Subdivision Map subject to conditions of approval. Commission Discussion: Commissioner Hall inquired if there is a greater potential for earth shifting and/or ground -settling on the soil-filled pads that could jeopardize the stability of those homes. Mr. Phelps responded that the environmental document addressed these issues and the analysis conducted on said properties did not reveal any faults in that area, however, perhaps the applicant could address in further detail how they will be compacting the soil. Planning Commission Minutes - 4 - May 23, 2001 Commissioner McCann stated that he is encouraged to see development of new single family homes in vacant lots in the western part of Chula Vista. PUBLIC HEARING OPENED. No public input. PUBLIC HEARING CLOSED. MSC (McCann/Hall) (4-0-2-1)that the Planning Commission adopt Resolution PCS-01- 04 recommending adoption of the Mitigated Negative Declaration and approval of the Vista Del Loro tentative Subdivision Map subject to conditions of approval. Motion carried with Commission Cortes abstaining. RESOLUTION NO. PCS-01-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE VISTA DEL LORO TENTATIVE SUBDIVISION MAP, PCS 01-04, A 2.03-ACRE NINE LOT SUBDIVISION FOR SINGLE FAMILY DWELLING UNITS LOCATED AT THE WESTERLY TERMINUS OF EL LORO STREET. WHEREAS, a duly verified application for a tentative subdivision map was filed with the City of Chula Vista Planning Department on August 17, 2000 by Dan Irwin a.k.a. Double D Fish (developer); and WHEREAS, said developer requests permission to subdivide a 2.03 acre parcel into nine lots for single-family dwelling units, located at the westerly terminus of E1 Loro Street, between Palomar and Quintard S~reets, Third and Fourth Avenue, located within a single-family residential (R-l-7) Zone, within the Montgomery Specific Plan area with a Land Use Designation of Low/Medium Density Residential (6 - 11 dwelling units per acre), and within the General Plan Land Use Designation of Low Medium Residential (6 - 11 dwelling units per acre), consisting of APN 619-290-16, 18 and 20; and WHEREAS, the Resource Conservation Commission determined that the initial study was adequate and recommended adoption of a Mitigated Negative Declaration as to the effects of the proposal on tho environment in compliance with the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said tentative subdivision map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 300-ft. of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing ~vas held at the time and place as advertised, namely May 23, 2001 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said heating was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public heating with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt the Mitigated Negative Declaration and approve the Tentative Subdivision Map PCS-01-04 in accordance with the tentative subdivision map findings and subject to the conditions of approval contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 23rd day of May, 2001, by the following vote, to-wit: AYE S: NOES: ABSTAIN: Robert Thomas, Chair ATTEST: Diana Vargas, Secretary J: ~PI,ANNING~-IARO LDkPC-RE SO-PCS-01-04. DO C / ~f ~/ CHURCH OF THE MOST PRECIOUS BLOOD LAUDERBACH ELEMENTARY SCHOOL PALOMAR HIGH SCHOOL SOUTH CHULA VISTA LIBRARY · '~N PROJECT DBL 0 FISH PROJECT DESCRIPTION: A..UC~.T: TENTATIVE SUBDIVISION MAP PROJECT El Lore Street ~ ADDRESS: Request: Proposed consl~uctlon of (9) single family detached ~ ~ homes on 2.03 acres (minimum 7,000 square foot lots). )Jo Scale LOCATOR FILE NUMBER: · PCS - 01-04 MAIL TO: City of Chul: ;ta Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Attn: Marilyn Ponseggi NOTICE OF PROPOSED MITIGATED NEGATIVE DECLARATION {FINDING OF NO SIGNIFICANT ENVIRONMENTAL IMPACT) NOTICE IS HEREBY GIVEN that the City .of Chula Vista is considering a recommendation that the project herein identified will have no significant environmental impact in compliance ~vith Section 15070 of State CEQA guidelines. A copy of the Mitigated Negative Declaration (findings) is on file in the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. This document is available for public review between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. This proposed finding does not constitute approval or denial of the project itself; it only determines if the project could have significant environmental impact. Projects, which could have significant impact, must have an Environmental Impact Report prepared to evaluate those possible impacts in compliance with Section 15064 of State CEQA Guidelines. If yo_u_Wish to challenge the City's action on this Mitigated Negative Declaration in court, you may be ~,~ limited to raising only those issues you or someone else raise~ ~n written correspondence. Any comments on this Mitigated Negative Declaration must be presented in writing to the Environmental Review Coordinator, 276 Fourth Avenue, Chula Vista, CA 91910, prior to 5:00 p.m. on May 10, 2001. For further information concerning this project, including public heating dates, please contact Edalia Olivo- Gomez (619) 691-5257. This notice is required to be filed with the County Clerk's office for a period of not less than thirty (30) days. ASSESSOR'S PARCEL NUMBERS: 6 t 9-290- ! 6, 18, and 20 PROJECT LOCATION: At the westerly terminus of E1 Loro Street, between Palomar and Quintard Streets PROJECT DESCRIPTION: The proposed project consists o fa proposed Tentative Map for a nine (9) lot single family residential subdivision on a 2.03 acre parcel of land in the City of Chula Vista. The parcel of land was created by an approved Adjustment Plan (No. 00. I0). Approval.of the proposed subdivision would divide the three existing legal lots into nine legal lots. The property is zoned R-1 Single Family Residential and designated LM-Low Medium Residential on the City's General Plan. The required minimum lot '~, size is 7,000 square feet. DECISION-MAKING AUTHORITY: City Engineer and Zoning Administrato/- INITIAL STUDY NO.: IS-01-08 . ~_~ DATE: 04/11/01 H:\HOME~PLANNING\EDALIA\lSnotices\lS.01-08.2PmposedMNDnolice.doc Mitigated Negativ 13eclaration PROJECT NAME: VISTA DEL LORO SUBDMSION PROJECT LOCATION: Terminus of E1 Loro Street, North of Quintard Street ASSESSOR'S PARCEL NO.: 619-290-16, 18, and 20 PROJECT APPLICANT: Dan Irwin aka Dbl D. Fish CASE NO.: IS-01-08 DATE: April 11, 2001 A. Project Settine The 2.03-acre project site is a rectangular shaped parcel located at the terminus of E1 Loro Street, north of Quintard Street, between 3rd and 4th_-Avenues (Exhibit A-Locator Map). The s-i~e is vacant and partially surrounded by chain li~k' fencing. The site was previously filled and used to pasture horses and to raise hay. The surrounding area is fully developed with the following uses: North Single-family residential; East Single-family residential; West Single-family residential; and South Single-family residential. The site is gently sloping and contains non-native plant material. No listed plant or animal species is known to occupy the site or surrounding area. The site has been previously filled and no cultural or paleontological resources are known to be present. B. Project Description The proposed project is a 9-lot subdivision with a minimum lot size of 7,000 sq.t~. (Exhibit B - Tentative Map). The proposed lot sizes range from a minimum of 7,000 sq.ft, to a maximum of 10,969 sq.f't. The average lot size is 7,850 sq.ft, and the proposed density is 4.43 du/gross acre. The current configuration of the site was created through a previously approved Adjustment Plat (No. 00.10). Approval of the proposed subdivision would divide the three existing legal lots (APN 6'19-290-16, 18, 20) into nine legal lots. Development of the site requires the importation 15,800 cu.yds, of fill material to create level building pads. Streets, sewer, storm drainage, water, and other public utilities would be provided to each lot. Dwelling units are proposed to be approximately 1,900 sq. ft. and 28- feet in height. C. Compliance with Zoning and Plans The proposed subdivision is consistent with the R-l-7 (Single-family Residential) zoning designation, which requires a minimum lot size of 7,000 sq.ft. The proposed project is also consistent with the LM (Low Medium Residential) General Plan designation (3-6 du/gross ac.), and the City's environmental plans and policies. The project is located in the Montgomery Specific Planning Area, which designates the site as Low-Medium Residential (3-6 du/ac). Proposed dwelling units are in compliance with the Municipal Code. and are subject to review and approval by the Design Review Committee D. Public Comments On November 27, 2000 a Notice of Initial Study was circulated to property owners within 500-foot radius of the proposed project site. The public period ended December 7, 2000. No written comments Were received. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that although the proposed project could have a significant environmental effect, there will not be a significaht effect in this case because mitigation measures described in Section F below have been added to the project. The preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. 1. Air Quality Construction-Related Impacts The proposed project would generate sufficient emissions and dust during construction- related activities to result in a short-term significant, but mitigable, impact to air quality. During the construction phase of the project, short-term emissions of several types of air pollutants would occur. Dust would be generated and the combustion of fossil fuels by construction equipment would create emissions. Fugitive dust would also be created due to clearing, earth movement, and travel on unpaved surfaces. Although air quality impacts resulting from construction related emissions are potentially significant, they are considered short-tram in duration since construction is a relatively short-term, one-time activity. Dust control during grading operations would be regulated in accordance with the rules and regulations of the San Diego Air Pollution Control District (APCD).' During construction of the project, the project will be subject to mitigation measures outlined below~ in Section F. 2 /t ~..~ // 04/11/01 2. Geophysical Construction-Related Impacts Short-term erosion of the cut and fill slopes could result in significant, but mitigable, downstream sedimentation impacts. Although erosion impacts resulting fzom construction activity and gxading are potentially significant, they are considered short- term in duration since construction is a relatively short-term, onetime activity. During construction of the project, the project will be subject to mitigation measures outlined below in Section F. 3. Paleontological Resources Construction-Related Impacts The proposed project could result in significant paleontological impacts because an ~ight- foot cut slope in the southwest comer of the site would be required to create level building pads along the southern property boundary (see Section HI above). The site is underlain by fill soils and slopewash to a maximum depth of four feet over sandstone of the Bay Point formation and "unnamed marine sandstone (terraces)."). The Bay Point ~:-' Formation and "unnamed marine terrace deposits" have been found to contain a diverse and well-preserved assemblage of marine invertebrate fossils and rare vertebrate fossils and are assigned a high resource sensitivity. During construction of the project, the project will be subject to mitigation measures outlined below in Section F. F. Mitigation Necessary to Avoid Significant Impacts Project-specific mitigation measures are required to reduce potential environmental impacts identified in the Initial Study to a less than significant level. The mitigation measures will be made a condition of approval, as well as requirements of the attached Mitigation Monitoring Program (Attachment "A"). AIR QUALITY Construction Related Impacts 1. All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents during dust-generating activities to reduce dust emissions. Additional watering or dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. ~ 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 3. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall be enforced. 3 / ,,./ r', 04,'11/01 4. On dry days, dirt ax,. aebris spilled onto paved surfaces shai. ~ swept up immediately to .- reduce re-suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Heavy-duty construction equipment .with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent available and feasible. GEOPHYSICAL Construction Related Impacts l f-'Temporary desilting and erosion control devices shall be installed as specified on the Tentative Map. These devices include desilting basins, berms, hay bales, silt fences, dikes, and shoring. Protective devices will be provided at every storm drain inlet to prevent sediment from entering the storm drain system. 2. Additional erosion control measures will be installed as required by the City Engineer due to uncompleted grading operations or unforeseen circumstances that may arise. PALEONTOLOGICAL RESOURCES Construction Related Impacts 1. A qualified a paleontologist will be retained to implement a paleontological monitoring and recovery program as a condition of the project construction contract. A qualified paleontologist is defined as an individual with and MS or Ph.D. in paleontology or geology that is a recognized expert in the identification and recovery of fossil materials. 2. The qualified paleontologist will attend the project pre-construction meeting to discuss project-grading plans with the project contractor(s). If the qualified paleontologist determines that proposed excavation/grading will likely cut into undisturbed portions of the Tertiary San Diego formation, then monitoring will be conducted as outlined below. 3. The project paleontologist or a paleontological monitor will be on-site ~during original cutting of the above noted geologic units. A paleontological monitor is defined as an individual who has experience in collection and salvage of fossil materials, and who is working under the direction of a qualified paleontologist. Monitoring of the noted geologic units will be at least half time at the beginning of excavation, and will be either increased or decreased depending on initial results (per direction by the project paleontologist). 04/11/01 4. In the event that well-preserved fossils are discovered, the project paleontologist will have the authority to temporarily halt or redirect construction activities in the discovery area to allow recovery in a timely manner (typically on the order of 1 hour to 2 days). All collected fossil remains will be cleaned, sorted and catalogued, and deposited in an appropriated scientific institution such as the San Diego Museum of Natural History. 5. A report (with a map showing fossil site locations) summarizing the result, analyses and conclusions of the above described monitoring/recovery program will be submitted to the City of Chula Vista Planning Department within three months of terminating monitoring activities. I agree to implement the mitigation measures required as stated in this Section (F) of this Mitigated Negative Declaration. Name, Title Date .. G. Consultation 1. City of Chula Vista: Marilyn R.F. Ponseggi, Planning Division Edalia Olivo-Gomez, Planning Division Doug Perry, Fire Marshall Samir Nuhaily, Engineering Department Beverly Blessent, Planning Division Ralph Leyva, Engineering Department M.J. Donnelly, Engineering Depm tment Applicant's Agent: Dan Irwin 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code, September 1997 3. Initial Study This environmental determination is based On the attached Initial Study, any comments ~- received on the Initial Study and any corr~ents received during the public review period for this negative declaration. The report r-effects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. / h,l~~ d~ Date: ~rilyn R..~onseggi Environmental Review Coordinator 04/I 1/01 CHURCH OF THE MOST PRECIOUS BLOOD LAUDERBACH ELEMENTARY SCHOOL PALOMA~ HIGH SCHOOL SOUTH CHULA VISTA UBRARY ~ APPUC.4NT:PROJECT DBL O FISH PROJECT DESCRIPTION: ~ INITIAL STUDY Hi .ROJECT El Loro Street ~ [ ADDRESS: Request: Proposed construction of (9) single family detached ~1 homes on 2.03 acres (minimum 7,000 square foot lots), No Scale LOCATOR FILE NUMBER: IS~1-08 C:\myfiles\locators\lSO 108.cdr 11/13/00 Case No,IS-01-08 ENVIRONMENTAL CHECKLIST FORM. 1. Name of Proponent: Dan Irwin aka Db1 D Fish 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 7449 Girard Ave. San Diego, CA 92037 (619) 840-7716 4. Name of Proposal: Vista De Loro Subdivision 5. Date of Checklist: April 11,2001 Poteatially Potentially Significant Le~ than Significant Unle~ Sign~caut No I.: LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? [] [] [] [] b) Conflict with applicable environmental plans or [] [] [] [] policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., [] [] [] [] impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an [] [] [] [] established community (including a low-income or minority community)? Comments: The proposed 9-lot subdivision is consistent with the R-1 (Single-family Residential) zoning designation, LM (Low Medium Residential) General Plan designation, and the City's environmental plans and policies. The project is also consistent with the Montgomery Specific Plan, which designates the site as Low-Medium Residential (3-6 du/ac). The site is a rectangular-shaped parcel encompassing 2.03 acres. The site is vacant and a portion of the site was previously used as a horse pasture and for growing hay; however, the site has not been used for commercial agriculture. The surrounding area is fully developed with residential uses. The proposed subdivision would not change the physical arrangement of the community. Mitigation: No mitigation is required. ~ · II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local [] [] [] [] population projections? b) Induce substantial growth in an area either [] r~ c~ [] 1 l&'/3' 4/ll/O directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable [] [] [] [] housing? Comments: The project is an in fill development surrounded by existing residential development and does not involve an extension of public facilities that would induce substantial growth. No existing housing units would be displaced. Development of 9 single-family units is consistent with the General Plan and would not exceed the regional or local population projections. Mitigation: No mitigation is required III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in geologic [] [] [] [] substructures? : b) Disruptions, displacements, compaction-or [] r~ [] [] ovemovering of the soil? c) Change in topography or ground surface relief [] [] [] [] features? d) The destruction, covering or modification of any [] [] [] [] unique geologic or physical features? e) Any increase in wind or water erosion of soils, [] [] [] [] either on or off the site? f) Changes in deposition or erosion of beach sands, [] [] [] [] or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic r~ o [] [] hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: A "Soils Investigation" completed for the property reports that the site is underlain by fill soils and Slopewash to a maximum depth of four feet over sandstone Of the Bay Point foxmation and Unnamed Marin~ Sandst6ne: An expansion test of the soils indicates that thd soils have a low potential for expansion. Groundwater is anticipated at a depth greater than 100 feet, and the site has a low potential for liquefaction. The Engineering Department, as a standard requirement of grading permit approval, requires that a geotechnical/soils study be prepared and that the report's recommendations be incorporated into the final grading plan. The site slopes downward from west to east; elevations on the site range from 110 feet above mean sea level (AMSL) at the western property boundary to 94 feet AMSL at the southeast corner of the property. To create level building pads along the southern property boundary requires an eight-foot cut slope in the southwest comer of the site and an I 1-foot fill slope in the southeast comer of the site. To create these building pads (Lots 4-9), 15,800 cu.yds, of fill material would be imported. / Significant Unlesz Significant No Best Management Practices (BMPs) are required to be implemented during and after construction to prevent erosion and sedimentation in the downstream storm drain system. All grading operations will be performed in compliance with the City of Chula Vista Grading Ordinance (Ordinance 1797, as amended). Short-tem~ erosion of the cut and fill slopes could result in significant, but mitigable, downstream sedimentation imPacts. Although erosion impacts resulting from construction activity and grading are potentially significant, they are considered short-term in duration since construction is a relatively short- term, onetime activity. During construction bf the project, the project will be subject to mitigation measures outlined below in Section XIX. Potential long-term erosion impacts would be avoided than significant level through the planting and irrigation of slopes as required by the Chula Vista Landscape Manual and Grading Ordinance 1797, as amended by Ordinance 1877. Landscaping will be installed as shown on the Conceptual Landscape~Plan as approved by the City Landscape Architect. Finish grading and planting will be accomplished prior to October 1, or immediately upon completion of any slopes graded between October 1 and April 1. The site is not within a mapped Earthquake Fault Zone; the Rose Canyon Fault Zone is approximately 21 miles ~to the north, and the La Nacion earthquake fault~-is approximately three miles to the east. Corh31iance with the Uniform Building Code requirements~-v~ould avoid potentially significant geologic impacts. No significant geophysical effects would result from construction of the subdivision. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. b) Exposure of people or property to water related hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d)Changes in the amount of surface water in any water body? e) Changes in currents, or the course of direction of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either thkpugh direct additions or withdrawals, or through interception of an aquifer by cuts or eXCa{,atiOns? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Alterations to the course or flow of flood waters? j) Substantial reduction in the amount of water Potentially Poten~ll~ S~gnificant L4~s than Significant Uule~ S~gnffic~nt No Impact Mitigated Impact lmpact otherwise available for public water supplies? Comments: A "Preliminary Drainage Study" (DGB Survey & Mapping, 2/13/01) prepared for the proposed project reports that under existing conditions the runofffi'om the site during a 50-year storm is 11.7 cubic feet per second (cfs). Existing surface rm-off fi.om the site includes drainage fi.om areas to north, west and east. The run-off is concentrated at the southeast comer of the site and drains to a 21-inch storm drain across lot 29 of Map No. 5542, and then discharges through a curb outlet into El Lugar Street. The proposed development would increase the runoff from the site to 13.4-cfs (an increase of 1.7 cfs). Existing runoff fi.om the north, east and west would be collected at a curb inlet at the end of Preston Place and a brow ditch that would connect to an 18-inch storm drain in E1Loro Street. On-site runoff would be collected in curb inlets connected to the E1 Loro Street storm drain. Rnnoffwould be conveyed by the storm drain to a retention basin located in the southeast comer of the site. The retention basin will be formed between the existing slope of the lots at the end of Morehouse Place and the slope at the rear of the proposed building pads. An earthen dam with 2:1 slopes is proposed to create the retention basin. The maximum height of the dam would be eight feet. The westerly face of the dam would be covered with rock slope protection, and the side slopes of the basin would be planted with an .~lSproved ground cover for erosion protection. The rete~it>n basin, with a capacity of 9,700 cubic feet, would retain all runoff fi.om the site. A six-inch pipe installed at the base of the proposed dam would drain the basin at the rate of 1.44 cfs. Drainage from the basin would be conveyed by the existing drainage channel to the 21-inch storm drain in El Lugar Street. A Type "F" catch basin and 18-inch storm drain would be installed at the top of the dam to drain the basin, should it ever fill completely. The proposed storm drain system and retention basin plan has been preliminarily reviewed by the City Engineering Department and found to comply with City requirements. Conditions of approval will be provided by the Engineering Department to insure the final design and construction meet Engineering and Public Works Operations requirements. The City's Operations crew ~vill maintain the retention basin. An access road from E1 Loro is included in the design of the subdivision. No impacts are anticipated to result from the construction of the retention basin and storm drain system. Drainage from the site would not significantly impact surface water in water bodies in the area. The project site is not located within a mapped floodplain, and floodwater would not be altered by the proposed development. Future residents would not be exposed to flooding or tidal waves. Given the 100- foot depth to groundwater, groundwater quality would not be significantly impacted by the proposed development. The project would not substantially reduce the availability of public water supplies nor would the project utilize groundwater. No impacts are anticipated to result from development of the site. A National Pollutant Discharge Elimination System (NPDES) General Permit and a Storm Water Pollution Plan (SWPP) are not required by Chula Vista Municipal Code (Section 14.20) because the project will result in soils disturbance of less than five acres. However, the code requires the implementation of Best Management Practices to prevent pollution of storm drain facili.ties during and after construction. Development of the site with a 9-unit residential deyelopment would result in a negligible increase in surface water mn-off. A ~tandard Engineering DePartment condition of approval requires drainage improvements to be included on the first submittal of grading/improvement plans that identifies the method to be used to convey on-site surface water. Mitigation: No mitigation measures are required. V. AIR QUALITY. WouM the proposal: a) Violate any air quality standard or contribute to [] ~ [] [] pot~a~fiall~ Significant Lt~ titan Signfficaat U~e~ Significant No an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? [] ~ rn [] c) Alter air movement, moisture, or temperature, or [] [] [] [] cause any change in climate, either locally or regionally? d) Create objectionable odors? [] [] [] [] e) Create a substantial increase in stationary or non- [] [] [] [] stationary sources of air emissions or the deterioration of ambient air quality? Comments: The proposed project would generate sufficient emissions and dust during constmction~ related activities to result in a short-term significant, but mitigable, impact to air quality. During construction, dust generated by grading and the combustion of fossil fuels by construction equipment would create emissions. Fugitive dust would also be created due to clearing, earth movement, and travel on unpaved surfaces. Although air quality impacts resulting from construction related emissions are pot.~ntially significant, they are considered short-term in dt~ation since construction is a relatively short- term, onetime activity. Dust control during grading operatiSns would be regulated in accordance w/th the rules and regulations of the San Diego Air Pollution Control District (APCD). During construction of the project, the project will be subject to mitigation measures outlined below in Section XIX. The proposed 9-unit subdivision is consistent with the City's General Plan and Regional Air Quality forecasts and would not substantially affect regional air quality. The project would generate an additional 90 average daily trips. The project would not alter air movements, humidity, or climatic temperature. The use and occupancy of the site as single-family residential development would not create objectionable odors or expose sensitive receptors to pollutants. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. VI. TRANSPORTATION/CIRCULATION. WouM the proposal result in: a) Increased vehicle trips or traffic congestion? [] [] [] e~ b) Hazards to safety from design features (e.g., [] [] [] [] sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby [] [] [] ~ uses? d) Insufficient parking capacity on-site or off-site? [] ri ~ [] e) Hazards or barriers for pedestrians or bicyclists? [] el c~ [] f) Conflicts with adopted policies supporting [] [] [] ~ alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? [] [~ [] [] h) A "large project" under the Congestion [] ~ [] [] / ~ '~;?~& 4/'11/01 5 / Potentially Significant L~s ~ $~ficant Unless ,~r. cant No Impa~t M~ligatec~ ~mpact ~mpac~ Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The importation of 15,800 cu.yds, of fill material will require approximately 1,250 track trips assuming each track carries 12 cu.yds, of material. Twenty-five track trips per day for a 50-day work period is estimated to be required to complete the grading operation. The identified source of material is the Olympic Parkway construction project. City approved truck routes (Orange Ave., 1-805, Main St., and Fourth Ave.) would be used to haul the material to the site. From Fourth Avenue, the tracks would enter and exit the site by crossing an adjacent parcel of land (APN 619-290-16). Trucks will be covered to prevent spillage and earth materials will be wetted to minimize dust during transport. No significant impacts would result from transporting fill material to the site. Traffic generated by the proposed 9-unit residential project would have a minimal effect on traffic patterns and volumes on the adjacent streets. The City Engineering Division estimated that an additional 90 trips per day (ADT) would result from the residential project (the trip generation rate per unit is 10 trips per day). The additional 90 ADT would not change the LOS on Quintard Street or Third Avenue. The exis. tifig and projected traffic volume on these streets wouldnot exceed the City's Level of Service (LOS) design volume of LOS C. The Engineering Division h~s'concluded that the project would provide satisfactory traffic service for future buildout General Plan conditions because Quintard Street and Third Avenue would operate at LOS C or above. The City Engineering Department review of the site plan concluded that the proposed on-site circulation is adequate. The project would be required to install a curb, gutter and sidewalk along the extension of El Loro Street per City engineering standards. Eighteen on-site enclosed parking spaces (two per unit) are required. No hazards or barriers for pedestrians or bicyclists would be created by the proposed single- family project. No significant traffic related impacts would result. Mitigation: No mitigation measures are required. VII. BIOLOGICAL RESOURCES. WouM the proposal result in impacts to: a) Endangered, sensitive species, species of concern [] [] [] [] or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? [] [] [] [] c) Locally designated natural communities (e.g., [] [] [] ~ oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal [] [] [] [] pool)? e) Wildlife dispersal or migration corridors? [] [] t~ ~a f) Affect regional habitat preservation planning [] [] [] [] efforts? Comments: The 2.03-acre site is located in an urbanized area and has been disturbed by previous equestrian activities. Non-native weedy plants are scattered across the site. No listed plant or animal species are present. No significant biological impacts would result. Mitigation: No mitigation measures are required. 6 4/l 1/01 Poteatlally VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? [] [] [] [] b) Use non-renewable resources in a wasteful and [] [] [] [] inefficient manner? c) If the site is designated for mineral resource [] [] [] [] protection, will this project impact this protection? Comments: The proposed project does not conflict with the recently adopted CO2 Reduction Plan~' The CO2 Reduction Plan encourages infill housing. The infill project will provide nine housing opportunities for.large families. The current use of the land only provides for a maximum of three housing opportunities. The project proponent will provide curb, gutter, and sidewalk along the El Loro Street frontage that will aid pedestrian circulation in the project area. The project is also located near co.mmercial uses on 3rd Avenue that could potentially res6tt in less reliance on the automobile. The proposed project is subject to compliance with Energy Requirements of the Uniform Building Code and therefore, should not result in the use of non-renewable resources in a wasteful and inefficient manner. The project is not located in an area designated for mineral resource protection as defined in the City's General Plan. Mitigation: No mitigation measures are required. IX. HAZARDS. WouM the proposal involve: a) A risk of accidental explosion or release of [] [] [] [] hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency [] [] [] [] response plan or emergency evacuation plan? c) The creation of any health hazard or potential [] [] [] [] health hazard? d) Exposure of people to existing sources of [] [] [] [] potential health hazards? e) Increased fire hazard in areas with flammable [] [] [] [] bmsh, grass, or trees? Comments: The site was formerly used as a horse pasture and for raising hay and there are no known potential health hazards in the vicinity of the project site. Hazardous materials would not be used i, the residential development and the project would not interfere with emergency response plans. The General Plan Public Safety Element designates Orange Avenue as an Evacuation Route. No significant hazard impacts would result from construction and occupancy of the residential project. Mitigation: No mitigation measures are required. 7 / : 4/11/01 Potentially Potentially Significant Less than Significant Unless Signlfirant No Impact Mitigated Impact Impact X. NOISE. Would the proposal result in: a) Increases in existing noise levels? [] [] [] [] b) Exposure of people to severe noise levels? [] [] [] [] Comments: Noise impacts, would occur during the construction period; however, these noise are considered to be less than significant due to their short-term nature and the intermittent periods of noise generation. Grading operations would occur between 7:00 a.m. and 5:00 p.m. Monday through Friday. Construction noise is exempt from the provisions of the City noise ordinance (see Municipal Code section 19.68.060). Consequently, noise associated with the grading operation would be regulated by conditions included in the approved grading permit. The 9-unit residential project and associated traffic would not result in a measurable increase in noise. There are no noise generators in the vicinity of the project. No significant long-term impacts would result from occupancy of the project. Mitigation: No mitigation measures are required. XI~ ~ PUBLIC SERVICES. WouM the proposal have~a~ n effect upon, or result in a need for new or altered government services itt any of the following areas: a) Fire protection? [] [] [] [] b) Police protection? [] [] [] [] c) Schools? [] [] [] [] d) Maintenance of public facilities, including roads? [] [] r~ [] e) Other governmental services? [] [] r~ [] Comments: The City Fire Marshall reported that the project would not result in an impact to fire services. Police Department recommendations concerning "defensible space" design are required to be incorporated into the project design. School fees would be paid at the building permit stage in accord with provisions of state law and school district ordinances. The Chula Vista Elementary School District recommends annexation of the project site to the District's Community Facilities District (CFD) No. 10 in lieu of school fees. The Sweetwater Union High School District also recommends annexation of the project site to the District's Community Facilities District. However, under State Law the payment of school fees reduces impacts to school facilities to a level below significance. No new or altered public facilities or other governmental services would be required for the project. Mitigation: No mitigation measures are required. XII. Thresholds. Will the propOSal adversely impact the [] City's Threshold Standards ? As described below, the proposed project does not significantly impact any of the seven Threshold Standards. a) Fire/EMS [] [] [] The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since 8 ~ :~,~,; 4/1 l/01 Poteatia~Iy · e nearest fire station is one-half mile away and would be associhted wi~ a ~o -~ute response time. Comments: ~e f~e~MS t~eshold would be met as reposed by ~e Fire D~m'hnent. Mitigation: No mitigation measures are requked. b) Police ~ ~ ~ ~ ~e ~reshold Standards require ~at police u~ must respond to 84% of PdoriW 1 calls wi~ 7 ~nutes or less and mainta~ an average response t~e to all ~iori~ 1 calls of 4.5 ~utes or less. Police uni~ must respond to 62.10% of Priori~ 2 calls wi~ 7 ~ums or less ~d maintain an average response t~e to all Prioriw 2 calls of 7 m~utes or less. Comments: ~e police t~eshold would be met as reposed by the Police Depament. Mitigation: No mitigation measures ~e required. c) Traffic ~ ~ ~ ~ 1. Ci~-wide: Ma~tain LOS "C" or beUer a~ measured by obse~ed average ~avel speed on all signalized arterial segments except ~at during peak hours a LOS of "D" can occur for no more ~an any ~o hours of ~e day. 2. West of 1-805: ~ose signalized intersections which do not meet ~e smdard above ~y continue to operate at ~eir cu~ent 1991 LOS, but shall not worsen. Comments: ~e project would generate 90 average daily ~ps (~T). ~e Engineering Dihsion repoffs that the Ci~ LOS C standard would be met on Quintard S~eet and ~ird Avenue. Mitigation: No mitigation measures are required. d) Parks/Recreation ~ ~ ~ ~ ~e ~reshold Standard for Parks and Recreation is 3-acres/1,000 population east of 1-805. ~e proposed project would comply wi~ ~is ~reshold Standard. Comments: ~e proposed project is located west ofi-805, therefore, the Parks and Re~eafion ~eshold Standard does not apply. Mitigation: No mitigation measures are required. e) DraYage ~ ~ ~ ~ ~e ~reshold Standards require ~at storm water flows and volumes not e~ceed Ci~ Engineer~g St~dards. Individual projecm will provide neces~ impro~emen~ consistent wi~ ~e DraYage Master Plan(s) ~d CiW Eng~ee~g S~dards. Comments: ~e Enginee~ng Division has reviewed ~e prelimina~ sto~ drain system and retention basin plan and found that it complies with ciW requirements. ~e Enginee~ng Depm tment will renew final ~ading ~d improvement plans to insure that adequate drainage improvements are provided (see Section IV above). Potentially Potentially Significant Less than Significant nnle~ S'lgn~cant NO Impact Mitigated Impact Impact Mitigation: No mitigation measures are required. f) Sewer [] [] [] [] The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. Comments: The City Engineering Division has determined that server facilities are adeqUate to serve the project. Mitigation: No mitigation measures are required. g) Water [] [] [] [] The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and those water quality standards are not jeopardized during growth and construction. =/~pplicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: The Sweetwater Authority has determined that a water main will need to be extended to the site from E1 Loro Street or Fourth Avenue. This off-site extension would be within an existing roadway and developed area and would not result in significant impacts. Mitigation: No mitigation measures are required. XIII. UTILITIES AND SERVICE SYSTEMS. WouM the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? [] r~ [] [] b) Communications systems? [] [] [] [] c) Local or regional water treatment or distribution [] [] [] [] facilities? d) Sewer or septic tanks? [] [] [] [] e) Storm water drainage? [] [] [] [] f) Solid waste disposal? [] [] rn [] Comments: The Sweetwater Authority (SWA) reports that water service is available t6 the site from a main located in E1 Loro street or Fourth Avenue. Fire flow requirements have been determined to be adequate by the Fire Department and SWA. The proposed residential project would not require the installation of new systems or cause alteration to existing facilities. As noted in Sections IV and XII above, storm water and sewer facilities are adequate to serve the site. Underground electrical and telephone services would be extended to the site from the nearest available power supply. The extension of services would not require new systems to be installed, or alterations of existing utilities. Mitigation: No mitigation measures are required. 10 jS~" 4/11/01 Potentially - - potentlally Significant Less than XIV. AESTHETICS. Would the proposaL' a) Obstruct any scenic vista or view open to the [] [] [] public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a scenic [] [] r~ route? c) Have a demonstrable negative aesthetic effect? [] [] [] d) Create added light or glare sources that could [] [] [] [] increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 197 ~- e) Produce an additional amount of spill light? z~. [] [] [] [] Comments: No adverse aesthetics impacts are anticipated because the site would not obstruct a scenic vista or view and the project site does not front on a scenic route. Implementation of City Code standards would minimize light and glare produced by the design of the project. No adverse impacts have been identified. The project requires review and approval by the City's Design Review Committee. Mitigation: No mitigation measures are required. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or the [] [] [] [] destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or [] [] [] ~ aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a [] [] [] ~ physical change that would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or [] [] [] [] sacred uses within the potential impact area? e) Is the area identified on the City's General Plan ' [] [] [] ~ EIR as an area of high potential for archeological resources? Comments: The Conservation and Open Space Element of the General Plan does not identify the project site or surrounding vicinity as an area of potential cultural resources. There are no known cultural resources in the project area and no significant impacts would result. Mitigation: No mitigation measures are required. XVt. PALEONTOLOGICAL RESOURCES. Will the [] [] tn [] I1 ~ ) ~7 4/11/01 Potentially ~q~ifi~ant Les~ than S'~a~.ant nnl~ Signfficant No Impact Mitigated Impact Impact proposal result in the alteration of or the destruction of paleontological resources ? Comments: The proposed project could result in significant paleontological impacts because an eight-foot cut slope in the southwest corner of the site would be required to create level building pads along the southern property boundary (see Section III above). The site is underlain by fill soils and slopewash to a max'maum depth of four feet over sandstone of the Bay Point formation and "unnamed marine sandstone (terraces)."). The Bay Point Formation and ;'unnamed marine terrace deposits" have been found to contain a diverse and well-preserved assemblage of marine invertebrate fossils and rare vertebrate fossils and are assigned a high resource sensitivity ("PaleontologicalResources, County of San Diego, (Demdrd, Thomas A., and Walsh, Stephen £., Department of Paleontology, San Diego Natural History Museum, 1993). During construction of the project, the project will be subject to mitigation measures outlined below in Section XIX. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. XVH. RECREATION. Would theproposah ~. a) Increase the demand for neighborhood or [] [] [] m regional parks or other recreational facilities? b) Affect existing recreational opportunities? [] [] [] [] c) Interfere with recreation parks & recreation [] ~ [] m plans or programs? Comments: The 9-unit residential project is expected to have 27 residents. Park land requirements for this population would be 0.08-acre. Park fees would be paid as required by City Ordinance. The project is consistent with the City's General Plan Parks and Recreation Element. No significant recreational impacts would result from the project. Mitigation: No mitigation measures are required. XVIII, MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section shouM be completed. a) Dogs the project have the potential to degrade m m [] m the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The vacant site is located in an urbanized area and was previously used as a horse pasture and for hay raising, No sensitive plant or animal resources or historical/archaeological resources are present. i? ~ 4/11/01 12 Potentially Potenfiall~ S'~ifi~ant Less than Mitigation: No mitigation measures are required. b) Does the project have the potential to achieve [] rn r~ [] short-term, to the disadvantage of long-term, environmental goals? Comments: Constructing a single-family residential project on the site would not affect long-term environmental goals of the City of Chula Vista in that the project site is not identified for preservation in the City's recently adopted Draft Multiple Species Conservation Program Subarea Plan and the project is consistent with the City's General Plan. Mitigation: No mitigation measures are required. c) Does the project have impacts that are [] [] [] [] individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project ~_. are considerable when viewed in connection with : the effects of past projects, other current projects, and the effects of probable future projects.) Comments: The project site is in a fully developed urbanized area and development of the site would not result in cumulative environmental effects. Mitigation: No mitigation measures are required. d) Does the project have environmental effects that r~ [] [] [] will cause substantial adverse effects on human beings, either directly or indirectly? Comments: No adverse effects on human beings are anticipated from developing the site as a residential project. Mitigation: No mitigation measures are required. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The following project revisions or mitigation measures have been incorporated'into the project and will be implemented during the design, construction and oi~eratinn of the project: AIR QUALITY C0nstmction Related Impacts ~ 1. All unpaved ConStruction areas shall be sprinkled with water or Other acceptable dust control agents during dust-generating activities to reduce dust emissions. Additional watering or dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 13 :'? ' 4/1 t/01 3. A 20-mile-per-hour speed umit on unpaved surfaces in connection wit,. ,ne project shall be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re- suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline- powered equipment shall be used. Also, construction equipment shall be equipped with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent available and feasible. GEOPHYSICAL Construction Related Impacts 1. Temporary desilting and erosion control devices shall be installed as specified on the Tentative Map. These devices include desilting basins, berms, hay bales, silt fences, dikes, and shoring. Protective devices shall be provided at every storm drain inlet to prevent sediment from entering the storm drain system. 2. Additional erosion control measures will be installed as required by the City Engineer due to uncompleted grading operations or unforeseen circumstances that may arise. PALEONTOLOGICAL RESOURCES Construction Related Impacts 1. A qualified a paleontologist will be retained to implement a paleontological monitoring and recovery program as a condition of the project construction contract. A qualified paleontologist is defined as an individual with and MS or Ph.D. in paleontology or geology that is a recognized expert in the identification and recovery of fossil materials. 2. The qualified paleontologist will attend the project pre-construction meeting to discuss project-grading plans with the project contractor(s). If the qualified paleontologist determines that proposed excavation/grading will likely cut into undisturbed portions of the Bay Point formation, then monitoring will be conducted as outlined below. 3. The project paleontologist or a paleontological monitor will be on-site during original cutting of.the above noted geologic units. A paleontological monitor is defined as an individual Who has experience in collection and salvage of fossil materials, and who is working under the direction of a qualified paleontologist. Monitoring of the noted geologic units will be at least half time at the beginning of excavation, and will be either increased or decreased depending on initial results (per direction by the project paleontologist). 4. In the event that well-preserved fossils are discovered, the project paleontologist will have the authority 14 /~'~ ~'/ 4/11/01 to temporarily halt or redirect construction activities in the discovery area to allow recovery in a timely manner (typically on the order of 1 hour to 2 days). All collected fossil remains will be cleaned, sorted and catalogued, and deposited in an appropriated scientific institution such as the San Diego Museum of Natural History. 5. A report (with a map showing fossil site locations) summarizing the result, analyses and conclusions of the above described monitoring/recovery program will be submitted to the City of Chula Vista Planning Department within three months of terminating monitoring activities. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this [Mitigated] Negative Declaration with the County Clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval and that Applicant(s) and/or Operato, r(s) shall apply for an Environmental Impact Report. Printed Name and Title of Authorized Representative of [Property Owner's Name] .D ~ (. ~.9 /~ / _r. /y' /~,,.~..,.,/ / t_~ c ~ I ,q_ ~ I.-'-.; /%,z Signature of Authorized Representative of Date [Property Owner's Name] Printed Name and Title of [Operator if different from Property Owner] Signature of Authorized Representative of Date [Operator if different from Property Owner] XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. [] Land Use and Planning [] Transportation/Circulation [] Public Services [] Population and Housing [] Biological Resources [] Utilities and Service Systems · Geophysical [] Energy and Mineral Resources [] Aesthetics [] Water [] Hazards [] Cultural Resources · Air Quality [] Noise [] Recreation · Paleontology [] Mandatory Findings of Significance 16 4,'11/01 XXII. DETERMINATION: On the basis of this initial evaluation: I fred that the proposed project COULD NOT have a significant effect on the environment, [] and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, · there will not be a significant effect in this case because the mifigaton meaSUres described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an [] ENVIRONMENTAL IMPACT REPORT is required. I f'md that the proposed project MAY have a significant effect(s) on the environment, but at [] least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I firicl that although the proposed project could have a signfficant effect on the environment, there WILL NOT be a significant effect in this case becaus~ all potentially significant effects [] (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. , Si~h~ture (J - ' Date Marilyn R.F. Ponseggi Environmental Review Coordinator City of Chula Vista 17 r 4/11/01 ATTACHMENT "A" MITIGATION MONITORING REPORTING PROGRAM (MMRP) Vista Del Loro Subdivision, IS-01-08 This Mitigation Monitoring Program is prepared for the City of Chula vista in conjunction with the proposed Vista Del Loro Subdivision project (IS-01-08). The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration (IS/MND) prePared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA guidelines. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored on Mitigated Negative Declarations, such as IS-01-08. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): ~- 1. Air Quality. ~, MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator shall be the Environmental Review Coordinator for the City of Chula Vista. It shall be the responsibility of the applicant to ensure that the conditions of the Mitigation Monitoring Reporting Program are met to the satisfaction of the Environmental Review Coordinator. Evidence in written form confirming compliance with the mitigation measures specified in MND/IS-01-08 shall be provided by the applicant to the Environmental Review Coordinator. The Environmental Review Coordinator will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program, lists the mitigation measures listed in Section E, Mitigation Necessary to Avoid Significant Effects, of the Mitigated Negative Declaration, which will be implemented as part of the project. In order to deteu,ine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last colunm. NOTICE OF INITIAL STUDY NOTICE IS HEREBY GIVEN that the Environmental Review Coordinator of the City of Chula Vista is conducting an Initial Study to determine if the project identified and described betow will have a significant impact on the environment. If the project may have a significant effect on the environment, an Environmental impact Repeal will be prepared to evaluate the environmental consequences of the project. If the project will not have a significant environmental impact or if mitigation measures have been included in the project, which will avoid any significant impacts, a Negative Declaration will be prepared. This determination does not constitute approval or rejection of the project, This Initial Study application, project description and other material are on file and available for public review et the Chula Vista Planning & Building Department, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 919'10. Any comments on this Initial Study must be presented in writing to the Environmental Review Coordinator, 276 Foud:h Avenue, Chula Vista, CA 91910, prior to 5:00 o.m. on December 7. 2000 if you have any questions or comments on this Initial Study, please call Edalia Olivo-Gomez. Environmental Prelects Manaoer in the Planning Department at (619) 691-5257. Project Description: A proposed Tentative Map for a nine (9) lot single family residential subdivision on a 2.03_+-acre parcel of land in the City of Chula Vista. The parcel of land was created by an approved boundary adjustment and lot consolidation of five parcels (APN 619-290-16, 17, '18, 19, and 20). The properly is zoned R1 Single family Residential and designated LM-Low Medium Residential on the City's General Plan. The required minimum 1et size is 7,000 square feet. Project Location: At the westerly terminus of El Lore Street, between Palomar and Quintard Streets. Project Applicant: Double "D" Fish Marityn~.F. Pb~'~eggi ~ - Environmental Review Coordinator Date: November 27, 2000 Case Number: IS-01-08 NOTIFICACI~N DE ESTUDIO INICI^L SE LE NOTIFICA que el Coordinador de Estudios Ambientales de la Ciudad de Chula Vista conducir~ un estudio inicia] para determinar si el proyecto identificado y descrito posteriormente tendr& un impacto ambiental significante. Si se determina que el proyecto tendr~ un impacto ambiental significante, un Reporte de Impacto Ambiental ser~ preparado para evaluar las consequencias ambientales del proyecto. Si el proyecto no tiene un impacto ambiental significante, o si medidas de mitigaci6n han sido induidas en el proyecto, que evitar~n cualquier impacto significante, una Declaraci6n Negativa seM preparada. [~sta determinacibn no constituye aprobacibn o rechazo del proyecto. La solicitud, descripcibn del proyecto, y otros documentos est~n archivados y a disposici6n del p~blico en el Departamento de Planificacibn, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910. Cualquier comentario sobre ~ste Estudio Inicial deber,~ set presentado por escrito al Coordinador de Estudios Ambientales, P.O. Box 1087, Chula Vista, CA 91910 antes de las 5:00 p.m.el 7 de Deciembre. 2000. Si tiene preguntas o comentarios sobre ~ste Estudio Inicial, por favor dirigas~ con Edalia Olivo-Gomez en la Secci6n de Reviso Ambiental del Departamento de Planificaci6n al n6mero (619) 691-5257. Descripci6n del Proyecto: Un propuesto Mapa Provisional para una subdivision que contiene 9 Iotes para residencies singulares en 2.03 acres vacantes. La propiedad se encuentra en la zona R1 Residencial Singular y es designado como "LM- Low Medium Residential" en el Plan General de ia Ciudad. La dimension minima del lote es de 7,000 pies cuadrados. Localidad: Al termino oeste de El Loro Street, entre Palomar y Quintard Streets Aplicante: Double "D" Fish N6mero de Caso: IS-01-0~ ~ F echa: 27 de N oviembre, 2000 ~~.~,~/),~1~:~ ~, tvt'~rilyn~R.F. Pon~eggi Coordinadora de Reviso Ambiental APPLICATION CANNOT ~__ ACCEPTED UNI .ESS SITE F~ Offic~ · PLAN IS FOLDED TO FIT INTO AN 8-1/2 X 11 FOLDER Case No. IS' ,0]-~/~ Receipt No. ' INITIAL STUDY Date Rec'd. Accepted by City of Chula Vista Project'NO;' Application Form 2. Project Location (Street address or description) C~' r~.X ?-- Assessors Book, Page & Parcel 3. Brief Project Description ~> 5. N~e of ~ep~er/Agent ~ c ~ Ad&ess ~ ~ g ~ .g~o~c~ F~ Phone Ci~ Sram ~p Rel~on to Apph~t ~ ~ ~ 6. ~dicm ~ pemm or approv~ ~d enclosms or do~men~ ~ by ~e EnvkonmentM Review Coo~mor. Pemm or approv~ ~u~d. General Plan Amendment Design Review Application Specific Plan RezonedPrezone Tentative Subd. Map __ Conditional Use Permit Grading Permit Redevelopment Agency OPA Variance Tentative Parcel Map Redevelopment Agency DDA Coastal Development Site Plan & Arch. Review Public Project Other Permit Special Use Permit __ Annexation If project is a General Plan Amendment and/or rezone, please indicate the change in designation from tO b. Enclosures or documents (as required by the Environmental Review Coordinator). Grading Plan Arch. Elevations Hydrological Study __ Parcel Map Landscape Plans Biological Study __ Precise Plan __ Tentative Subd. Map Archaeological Study __ Specific Plan Improvement Plans ~ Noise Assessment Traffic Impact Report Soils Report ~ Other Agency Permit __ Hazardous Waste Assessment __ Geotechnical Report __ Other /? ¥/ WPC:F:X}tOMLCNPLa2qNq~GNSTORED'd02I-A.93 (Ref 102O 93~ (Reft l{Y'2.gql Paoe I 7. Indicate other applications for permits or approvals that are being submitted at this time. a. Permits or approvals required. General Plan Amendment Design Review Application Specific plan ,. Rezone/Pmzone ~ Tentative Subd. Map Conditional Use Permit ~X~ Grading Permit Redevelopment Agency OPA ~ Tentative Parcel Map Redevelopment Agency DDA Coastal Development Site Plan & Arch. Review Public Project Other Pemfit Special Use Permit Annexation B. PROPOSED PROJECT 1. a. Land Area: square footage or ac,~.age ff land area to be dedicated, state a~eage and purpose. b. Does the project involve the construction of new buildings, or will existing structure be utili:~ed? ~ ~' ~ - ~ g> ~ ~-eS~ c ~' c'~-/'~x ~,-~ o~- ~__~ 2. :0 Complete this sect/on ff project is residential ~r' mixed use. a. :__~_ Two Family Multi Type of development- Single Family __ Family Townhouse Condommmm' ' b. Total number of structures c. Maximum height of structures 7-~ c o.e~ d. Number of Units: I bedroom 2 bedroom 3 bedroom 4 bedroom Total Units e. Gross density (DU/total acres) ov ? c> o ~ ,7 f. Net density (DU/total a~es minus any dedication) g. Estimated project population ,.~2~ h. Estimated sale or rental price range .~'7~'- c~c, i. Square footage of structure /go ,~, 4 j. Percent of lot coverage by buildings or shuctures k. Number of on-site parking spaces to be provided 1. Percent of site in road and paved surface t q. h-- 7 - 3. Complete this section if project is commercial or indusu'ial or mixed use. a. Type(s) of land use b. Floor area Height of ~hactures(s) c. Type of construction used in the structure WPC:F:XHOMEXPLANNING',STOREI~021.A.93 0Ref. 102fl.93) (Re£ 1022.93) Page 2 d. Describe ~,,ajor access points to the structures and u,e orientation to adjoining properties · and m'eets C~c ~.~,~-2o .~) , e. Number of on-site parking spaces provided ,Z, f. Estimated number of employees per shift Number of shifts Total g. Estimated number of customers (per day) and basis of estimate h. Estimated number of deliveries per day i. Estimated range of service area and basis of estimate j. Type/extent of operations not in enclosed buildings k. Hours of operation 1. Type of exterior lighting 4. If project is other than residential, commercial or industrial complete this section. a. Type of project b. Type of facilities provided c. Square feet of enclosed sumcrures d. Height of structure(s) - maximum e. Ultimate occupancy load of project f. Number of on-site parking spaces to be provided g. Square feet of road and paved surfaces h. Additional project characteristics C. PROJECT CHARACTERISTICS 1. Will the project be required to obtain a permit through the Air Pollution Control District (APCD)? WPC:F:XltO~~RI~M021~A.93 {R~. 1020.93) (Ref. IIY'-T93) Page 3 2. Is any typ~ of griming or excavation of the property anticipated? )t~--__q -' If yes, complem the follo~6_ng: a. Excluding trenches to be backq'flled, how many cubic )~rds of earth wilJ be excavated? b. How many cubic yards of fill will be placed? /.~o ~<2 c. How much ama (sq. fL or acres) will be waded? 7-o 7-.d c - _2 4 c d. What will be the: Maximum depth of cut ~P- Average depth of cut .~ Maximum depth of fill ,~ ~ Average depth of fin .~" 3. Describe all energy consuming devices which are pan of the proposed project and the type of energy used (air conditioning, electrical appliance, hearing equipment, etc.) 4. Indicate the amount of natural open space that is part of the project (sq. fL or acres) 5. If the project will result in any employment oppommities describe the namm and .type of these 6. Will highly flammable or potentially explosive materials or substances be used or stored within the project site? ,¢/'~ ~ 7. How many estimated automobile trips, per day, will be generated by the project? 8. Describe (if any) off-site improvements necessary to implement the project, and their points of access or connection to the project site. Improvements include but not limited to the following: new streets; street widening; extension of gas, electric, and sewer lines; cut and fill slopes; and pedesuian and bicycle facilities. WPC:F:"~-IOS~qlNGXSTORElZKI021-A.93 ['Rcf. 1020.93) fF..cf. 1022.93) Page 4 D. DESCRIPTION OF ENviRONMENTAL SE'FFL~G 1. Geology. Has a geology study been conducted on the property? /-J ~-~ (If yes, please attach) Has a soils report on the project site been made? ~ ~ P ~ ~ c-~ w _~' Cf yes, please attach) 2. Hydrology Are any of the following features present on or adjacent to the site? Cf yes, explain in detail.) a_ Is there any surface evidence of a shallow ground water table? /'~ 67 b. Are there any watercourses or drainage improvements on or adjacent to the site? : c. Does runoff from the projec~ site drain directly in to or toward a domestic water supply, lake, reservoir or bay? . ~.~ 0 d. Could drainage from the site cause erosion or siltation to afljacent areas? e. Describe all drainage facilities to be provided and their location. 3. Noise a. Are there any noise sources in the project vicinity which may impact the project site? b. Will noise from the project impact any sensitive receptors (hospitals, schools, single- family residences)? M 0 4. Biology a. Does the site involve any Coastal Sage Scrub vegetation? 1'4 © b. Is the project site in a natural or partially nam_ml state? x/~: ~ c. ff yes, has a biological survey been conducted on the propdrty? Yes No v'"' (Pl~qe attach a copy.) d. Describe all trees and vegetation on the site. Indicate location, height, diameter, and species of trees, and which (if any) will be removed by the project...~fl.~ ~ WpC:F:xlqOMLUXPLANNIN~021-A.93 (Req. 102B_93) freq. IW22.93) Page 5 5. Past Use of the Land a. Are there any Imown historical or archeological resources located on or near the project b. Are there any lmown paleontological resources? ~ 0 c. Hav~re been any haT~rdous materials disposed of or stored on or near the p. roject site? d. What was the land previously used for? 6. Cunent Land Use a. Describe all structures and land uses currently existing on the project site. b. Describe all smactures and land uses currently existing on adjacent property. 7. Social a_ Are there any residents on site? /W~ If so, how .m,3n, y~ b. Are there any current employment oppommities on site? If so, how many and what type? 8. Please provide any other information which may assist in thc evaluation of the proposed project. · WPC:F:xltOiVl]ExPLa. NNING'~TOREDM021-A.93 (Reft 1020_93) (Ref. 10"o~93) Page 6 E. CERTIFICATION Or I, consultant or agent* Pi-in t nme HEREBY AFFIRM, that to the best of my belief, the statements and information herein contained axe in all respects ta-ue and correct and that all known information concerning the project and its setting has been included in this application for an Initial Study of possible environmental impact and any enclosures for attachments thereto. Owner/Owner in Escrow Signature or Consultant or Agent Signature Date *If acting for a corporation, include capacity and company name. WPC-.F:XHOMExPI_ANNING',STOREDM021-A.93 (Ref. 1020.93) {Ref. 10ZT93) Page 7 INITIAL STUDY PROCESSING AGREEMENT Name of Applicant: /---) 4'fi ( fi--'> t~-'/~( ~ Address: ? t./q ~ (~/t/~ r~,~/,.~ ,st o, r.~ Phone ~ City:. g ,4~ q, Je>/' C ~4f Sm~¢ r' -ff Zip · Nme of Authorized Rqc~resentative (ff signatory): .F~.,4.~e/ //<~ c~,~t/,-''~-'' Address: ~' e ~, ~ Phone City Stat~' Zip Agreement Date: Deposit Amounv ~/p 0 0 This Agng~nent ('Agreement') between the City of Chula Vista, a chartered municipal corporation ('City') and the forenamed applicant for an Initial Study ('Applicant'), effective as of the Agreement Dam set forlh above, is made with reference to the following Whereas, the Applicant has applied to the City for an Initial Study of the type aforereferencerl Study") which the City has required to be obtained as a condition to permitting the Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said Initial Study through the various departments an{!?efore the various bom and commissions of the City (~J~.ocessing Services"); and, Whereas, the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: I. Applicant's Duty to Pay. The Applicant shall pay all of the City's expenses incurred in providing lhxx:~ssing Service relatexi to applicant's Initial Study, including all of the City's direct and overhead costs related thereto. This duty of the Applicant shrdl be referred to herein as the "Applicant's Duty to Pay." A. Applicant's Deposit Duty As partiat performance of the Applicant's Duty to Pay, the Applicant shall deposit the amount aforereferenced ("Deposit"). 1. The City shall'charge its lawful expenses incurred in providing Processing Services against the Applicant's Deposit. fi, after the conclusion of processing the Applicant's Initial Study, any portion of the Deposit remains, the City shall return said balance to the Applicant without interest thereon, fi, during the processing of the Applicant's Initial Study, ~he amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the City, upon notice of same by the City, the Applicant shall forthwith provide such additional deposit as the City shall calculate as reasonably necessary to continue to provide Processing Services. The duty of the Applicant to initially deposit and to supplement said deposit as herein required shall be known as the "Appficant's Deposit Duty". II. City's Duty The City shall, upon the condition that the Applicant is not in breach of the Applicant's Duty to Pay or the Applicant's Deposit Duty. use good faith to provide processing services in relation to the Applicant's Initial Study application. W'PC:F:xI'tOMEWLANNI~021-A.93 ~Ref. 10213.93) (Ref. ItP. LL93) Pag~ A. The City shall have no liability hca'eundex to the Applicant for the fa/lure m process the Apphcant's lnitiai Study application, or for failure to process the Applicant's In/tis! Study within the time frame requested by the Applicant or e~immed by the City. B. By execution of fids agreement, the Apphcant shall have no right to direct or otherwise influence the conduct of the Initial Study for which the applicant has applied. The City shall use its discretion in evaltmtlng the Applicant's Initial Study appl'~tlon wilhout regard to the Applicant's promis~ to pay for the Proce~-ing Sexvic.~, or the execution of the Agreement. Remedies A. Suspension of Proce..%~g In addition to all other fights and remedies which the City shall otherwise have at hw or equity, the City has the fight w sus~nd and/or withhold the proc___-~s.~ng of the lnitiai Study which is the subject maIter of this AgreemenL as well as the In/6a! Study which may be the subject matter of any other Permit which Applicant has before the City. B. Civil Collection In addition to all other rights and remedies which the City shall otherwise have all law or equity, ~he City has the right to collect ali sums whi_~h are or may become due hereunder by civil action, and upon instituting litigation to collect smm~,'the prevailing party shall be entitled to reasonable attorney's fees had costs. IV. Miscellaneous A. Notices All notices, demands or xequests laovided for or permitted to be given ptmmant to this Agreement must be in writing. All nmice& demands and requests to be sent to any party shall be deemed to have been properly given or served ff personally served or deposited in the United States mail, adckessed m such party, postage prepaid, registered or certified, with retm~ receipt requested, at the addresses identified adjacent to the signatures of the parties represented. B. Governing Law/Venue This Agreement shall be goven~ed by and construed in accordance with the Laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and ii'applicable, the City of Chula Vista, or as close thereto as possible. Venue for this agreement, and performance hereunder, shall be the City of Chula Vista. C. Multiple Signatories ff there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. D. Signatory Authority The signatory to this agreement hereby warrants and represents that it is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event it has not been authorized to execute th/s Agreement by the Applicant. Wl:'C-.F:XHO~G',,WI'OREDM021-A.93 {Rd. 102:0.93) (Ref. 1022.93) Page 9 '.. E. Hold Harmless Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising oat of processing Applicant's Initial Study, except only for those claims arising f~om the sole negligence or sole willful cooducl of the City, incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proc~t to judgement or not. Further, the Applicant. at its own eapense, gl'mil, upol, l wriuen request by the City. defend any such suit or action brought a~inst the city, its officers, agents, or employees. Applicant's indemnifcation of the City shalt be limited by any prior or subsequent declaration by the Applicant. F. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, a?i~-t the City unless a claim has fa-st been presenled in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from lime m time be amended, the provisions of which are incorporated by the reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by the City, the Applicant shall meet and confer in good faith with the City for the purpose of resolving any dispute over the terms of this Agreement. Now, therefore, the parties hereto, having read and u~derstood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. City. City of Chula Vista 276 Fomth Avenue Chula Vista, CA 91910 Applicant (or authorized representative) Dated: WPC:F:X'HOMEXnLANNINGN~rOREI~021-A.93 01~f. 1020.93) (R.ef. 10z7-93) Page l0 -- THE CITY OF CHULA VIb~TA DL~CLOSURE STATEMENT Sta~emem of disclosu~ of ~i~ o~e~ip ~tcres~, payment, or ~ ~n~u~om, on ~1 ~tte~ which w~l mqui~ dis~e6o~ ~on on ~e p~ of ~e Ci~' Co~cil, Planning Com~ssion, ~d ~1 o~er offici~ ~dies. ~c follow~g ~fo~ion mint k di~los~: 1. ~st ~e n~m~ of ~1 ~ ~ve a ~ci~ ~t~ ~ ~e ~n~, i.e., ~or, ~or, ~e~ ~plier. 2. If any pa-son identified pursuant to (1) above is a corporation or pm-merah/p, list the ~m~ of all individuals owning more than 10% of the ~h~res in the corporation or owning ~ny parme~hip interest in the parme~hip. 3. If any person identified pur~ant to O) ~bove is non-profit organization bra trus~, list the n~mes of any person servin§ as director of the non-profit or~?m~on or as trustee or beneficiary or trus~e~, of the trus£. 4. Have you had more than $250 worth of business transacted with any member of the City stzff, Boards, Commissions, Co:mmitlees and Council within the past twelve months? Please identify each and every pc~on, inc],di~ any a~ents, c~ptoyees, consu~ms or independent contractors who you have assigned to repres~m you before the City in tM~ ma~er. 6. Have you and/or your ofhcers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes [ ] No [ ~] If yes, state which Council member(s): Person is defined as: 'Any i~dividual, ruin, co-parmemhip, joim remain, association, social club, framm~l ox~ni:,afion, corporation, esm~, trusu rr. ceiwr, syndicate, this ~xt a.ay other county, city and coumy, city, muaicipality, district or other polifiml subdivision, or ~ay other I~wup or combination acing ~s a unit.' (NOTE: Amch addilio~l pages as necessary) Date: ~ . /..~ oe..x~ ~~ Signatur~ of contractor/applicant /¢TF~ X4 ~-X,~ ,~.~ ,~,~1~{~,, CITY OF CHULA VISTA Development Processing ' ~ Pl~ing & Bulldog Dep~ent Application Form - TypeB 276 Faugh Avenue ' CHU~ ~VI~A (619)691-5101 Page One ~E OF ~W ~Q~STED , ~ ~neral Plan Amendment ~ Zone Change (staff use only} Cgse No. ~ General Development Plan ~Tentative Subdidsion Filing D~o: ~]l~/~ ~By'. ~ ~endment Map ~sign~ Pla~er'. ~' Receipt No.: ~ SP~Specific Plan ~ ~nexation Proj~t Acct: ~ ~ ~ ~endment ~ O~er: De~s~Acct: ~~ ~ Redevelopment Relded Cases: ~~ ~ ~endment ~Z.A. ~Public Hearing " Applicant's Interest in Prope~ If applicant is not o~er, o~ets o~orizaflon ~Own ~ Lease ~ In Escrow ~ Option to purchase is required to process request. See signa~re on ~ge Two. Engineer/Agent Phone No. Engineer/Agent Address I GE~L PRO.CT DESC~PTION (for all Wpes) Project Name Proposed Land Use[s): 0.e. Commercial or Reslaenfial) General Description of Proposed Project Pl~se use ~ndix A to provide a full description andjusfificdion for the proj~t] SUBJECT PROPERTY INFORMATION (for all .types) ~ Location/Strcot Address Assessor, P, EJl'c:e_,~::~Attaph led it n~:essary] Total Acreage Redevelopment Area (if applicable) Current General Plan Designation Current Zone Designation Planned Community (if applicable) Current Land Use Is this in MonTg~nery S.P.? FORM B- [PAGE 1 OF 2.) i t 1/99' ",--~\I~ a'~ OF ~ V~STA Development Processing "' ~ elandng ~B~g Dep~mem Application Form- TypeB ~ 276 Fo~h Avenue CHU~ ~vl~ (619)691-5101 Page Two I (~affuseonM~ ~Z .,,I Case No.:,~I I DE LOP NT I General Development Plan Name Total Acres ProDosed Land Uses Commercial: Acres Industrial: Acres Par~: Acres Schools: Acres Communi~ Pur~se: Acres Circulation: Acres Public/Quasi: Acres Open S~ce: Acres Residential Ra~e Single Family Detached: to ~ Units ~ Acres Single Family A~ached: to Units Acres ~_ Duplexes: to ~Units Acres : ~a~ments: to - Units Acres Condominiums: to Units Acres to ~ Units ~ Acres Totals: GENERAL PLAN AM-ENDMENT :Proposed Land Use Designation Please state why the General Plan should be changed J ANNEXATION . Prezoning LAFCO Ref, No. TENTATIVE SUBDMSION MAP Subdivision Name CV Tract No. /,//_.~ 7--.4 J~ ~-L L ~o ~ 0 /~ -~- ~ Minimum Lot Size No. of Units Average Lot Size ZONE CHANGE Proposed Zoning I~1 Rezoning EDI Prezoning r-i Setback Print Owner Name Owner Signature Date (Required if Applicant is not Owner) :~ / :~ ~ ~ 1 ~199 Appendix A PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME: APPLICANT NAME: Please descdbe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. D~scription & Justification. APPENDIX C (1 of 3) DEVELOPMENT PERMIT PROCESSING AGREEMENT Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the vadous departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reirn-t3urse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Pay or Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. APPENDIX C (2 of 3) 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. ~' 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing LawJenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. APPENDIX C (3 of 3) 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, it~ elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, .the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such actin, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out'of this agreement against the City unless a claim has first been presented in writing and filed with th~ City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the pa~ties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: /~/5/~4,-~c) City of Chula Vista / 276 Fourth Avenue By: ,~-t_~k-..-~ Chula Vista, CA Dated: ~P-/~'--~ 2 oo~ Prudential Prudential Calit.rnia Real~ 578 Third Avenue. Suite 305, Chu[a Vista CA 91910 Bus 619 422-7700 Fax 619 422-6234 8/11/00 To The City Of Chula Vista, Planning Department A0~ ! ? ~lX]0 On Behalf Of Daniel Irwin, DBA Dbl D Fish, Inc. PLANNING This Is To Certify And Verify And Testify That The Following Individuals As Owners & Sellers Of Said Parcels Listed Hereafter Provide To The City Of Chula Vista Full Cooperation To The Developer & Buyer In.The Following Processing Of Boundary Lines & Lot Revisions To Accommodate The New Subdivision At The End Of El Lord, Chula Vista, CA. Parcels Affected Per Lots#16,18,20 APN's/619-290-16-00/619-290-18-001619-290-20-00 Requestfully Submitted ..... On Behalf Of Buyer/Developer Jim Teak, II Realtor ~ 1 : ~ ~' An independently owned and operated member of The Prudential Rea~ Estate Affiliates, inc. Fidelity National Title Company ADDITION AND/OR AMENDMENT TO ESCROW INSTRUCTIONS To: Fidelity National Title Company Data: August 2, 2000 Escrow No: 701342-CM Property Address: Undeveloped land known as 1341 and 1345 4th Avenue, Chula Vista, CA 91911 The instructions in this escrow are hereby modified, amended and/or supplemented in the following particulars only: 1. CHANGE IN TOTAL CONSIDERATION: All parties are aware that the sales price in this transaction is now 9260,000.00. Escrow Holder is to adjust the Transfer Tax on the executed Grant Deed. Escrow Holder is instructed to amend the commission accordingly. 2. FUNDS RELEASED PRIOR TO CLOSE: Buyer has requested to allow escrow to pay Buyer through this escrow the sum of $2,500.00, and no more, from this escrow for fees incurred outside of escrow for development. Buyer will still have the original liability of the $5,000.00 deposit. Buyer understands that the ~2,500.00 draw from Buyer's deposit is to be paid back into escrow. If for any reason escrow does not close and all the contingencies have been removed, the $5,000.00 deposit is considered {iquidated damages and is to be paid to the Seller when Escrow Holder is in receipt of mutually agreed signed cancellation instructions from Buyer and Seller. Buyer and Seller understand tha~Fidelity National Title Company makes no warranty or representation of any kind, express or implied as to the ownership of or title to the property described in this escrow, nor to any encumbrances or liens thereon, nor as to the condition and/or the ultimate outcome of this escrow nor in any manner or form as an inducement to make the above payment. Furthermore, Buyer and Seller fully realize that no instruments have been filed in Buyer's favor, have been recorded, nor policy of title insurance issued to protect his interest in said property, Seller nevertheless desires to accommodate Buyer and release funds as requested above. Therefore, from funds herewith on deposit in this escrow, you are hereby authorized and instructed to pay said funds as requested above upon receipt of this instruction executed by all parties hereto. Fidelity National Title Company is not to be held liable or responsible for any loss or damage which Buyer may sustain by reason of making the above payment, nor for failure of any of the conditions of this escrow, nor for the recovery of said money for any reason whatsoever. Funds released pursuant to the above instructions shall represent a part of the total consideration. 3. BOUNDARY ADJUSTMENT: Buyer to execute a boundary adjustment for the subject properties - in this transaction prior to the close of escrow or shortly thereafter; realizing that with all parties coaperating, including municipalit',es, that time is of the essence. All other terms and conditions remain the same. Dbl. D Fish, a California Corporation, a California corporation Daniel B. Irwin Shigek~)~,u Matsushita and Yeshie M. Matsushita, Trustee U,DT June 16, 1993 'SHige['fazu~f'atsush'ita, Trustee Yos~fie M. Matsushita, Trustee Paul R. West and Christine J. West, Trustees of the Paul §nd Christine West Family Trust dated February 1, 2000 Escrow No: 701342-CM . P'~'~IT~. W~st, Trustee Christine 1. West, Trustee .t;l~l 'r u~- t;~uu,~ ENGINEERING DEPT./PLANNING DEPT. ADJUSTME PLAT NO. 00-10 ~,.-~. FR-302 ~ ~ LUG~ ~E~ LEG~ DESQRiP~ON KIFF~ LESCHORN UN~ N~. BEING A PORTION OF LOT 24, QUARTER SEC~ON 142, CHU~ ~ST~ IN THE oF c.u~ ~ST~. COUN~ O~ S~ D~E~O, ~ STATE OF C~FORNI& ACCORDING TO M~ ~EREOF NO. 505. c~ ~ P~CE /I ,~ VI~INI~ MAP ~ ' ~ ~'~ ~ ~ NO SC~E ~ J Nl~16'( PLANNING FO~ 0~ER ~N 6192290_16) SHIG~u ~ YOSHIE ~SHffA ~ F~ p~ '~' ~ ~.. ..... ~DREsS _ 9~ ~ A~{I~, ~U~ ~A 91911 ~ PHONE NO. 619-4~-1¢J9 .... ~ -- ~DRESS t~s ~m A~ ~U~ ~, ~gH ' M~ PREPARED BY: DGB SUR~ PHONE N~" 6~9-~-~o~g DONALD G. BAKER ~DRESS: 23 1/2 N~LES STREW, CHU~ VISTA, SIGNATURE, PHONE NO.: (619) 422-7269 ~PROV~S: R.E. OR LS. NO.: LS 6665 ~NNING AND ~UI~)NG DEPA~ME~ ~R~ DATE: 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 require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following Jnformation must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. ,~7.....'/L='-L Z~ /,~' c,~ /--~-' If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff., Boards, Commissions, Committees, and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councitmember in the current or preceding election period? Yes ~ No .X If yes, state which Councilmember(s): (NOTE:ATTACH ADDITIONAL PA GES AS NE~ESSAR_ Y) /~ Date: 4~::~_ /- ..~oc_~ ~, //A ~..._.~_.~.__~_~ ~_.-.~ ~------ Signature of contractor/applicant Print or type name of contractor/applicant * Person is defined as: 'L4ny individual, firm, co-partnership, joint venture, association, social club, freaternal organization, corporation. estate, trust, receiver, syndicate, this and any other county, city and country, city municipalirv. , district, or other political subdivision, or any other group or combination acting as a unit." RESOLUTION NO. RESOLUTION: OF THE CHULA VISTA CITY COUNCIL GRANTING APPROVAL AND IMPOSING CONDITIONS FOR THE VISTA DEL LORO TENTATIVE SUBDIVISION MAP, A 2.03- ACRE NINE LOT SUBDIVISION FOR SINGLE-FAMILY DWELLINGS UNITS LOCATED AT THE WESTERLY TERMINUS OF EL LORO STREET, CHULA VISTA TRACT NO. 01-04 I. RECITALS A. Project Site WHEREAS, the area of land commonly known as "Vista Del Loro" Tentative Subdivision Map (PCS-01-04), Chula Vista Tract No. 01-04, which is the subject matter of this resolution, and is diagrammatically represented in Exhibit "A" attached hereto and incorporated herein by this reference; and for the purpose of general description herein consists of 2.03 acres located at the westerly terminus of El Loro Street, between Palomar and Quintard Streets, Third and Fourth Avenue, located within a single-family residential (R-1-7) Zone, within the Montgomery Specific Plan area with a Land Use Designation of Low/Medium Density Residential (6 - 11 dwelling units per acre), and within the General Plan Land Use Designation of Low Medium Residential (6 - 11 dwelling units per acre), consisting of APN 619-290-16, 18 and 20 ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on August 17, 2000, Dan Irwin a.k.a. Double D Fish ("Developer"); filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map (PCS~01-04) known as "Vista Del Loro," Chula Vista Tract No. 01-04, in order to subdivide the project site into nine (9) single-family residential lots ("Project"); and C. Environmental Determination WHEREAS, the Resource Conservation Commission has determined that the Initial Study prepared by the Environmental Review Coordinator was adequate and recommended adoption of a Mitigated Negative Declaration on April 16, 2001, in compliance with the California Environmental Quality Act. The Planning Commission recommended adoption of the same Mitigated Negative Declaration on May 23, 2001. D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the said project on May 23, 2001 and voted 4-0-1-2 to recommend that the City Council approve the Project based on the findings and subject to the conditions listed below in accordance with Planning Commission Resolution PCS-01-04; and E. City Council Record on Application Resolution No. __ Page 2 WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on June 19,. 2001 in the Council Chambers, 276 Fourth Avenue before the City Council of the City of Chula Vista; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the Project, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the Planning Commission at their public hearing on this project held on May 23, 2001 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. Ill. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Environmental Review Coordinator, the Resource Conservation Commission, and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. IV. INCORPORATION OF MITIGATION MEASURES The City does hereby adopt and incorporate herein as conditions for this approval all applicable mitigation measures, as set forth in the Environmental Document IS-01-08. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that "Vista Del Loro" Tentative Subdivision Map (PCS-01-04), Chula Vista Tract No. 01-04, as conditioned herein is in conformance with the various elements of the City's General Plan based on the following: 1. Land Use The General Plan Land Use Designation is Low Medium Residential (6 - 11 dwelling units per acre). The Montgomery Specific Plan Land Use Designation is Low/Medium Density Residential (6 - 11 dwelling units per acre). The proposed 9-lot subdivision is within the allowable density and permitted number of dwelling units. Therefore, as conditioned, the Project is in substantial compliance with the City's General Plan, and the Montgomery Specific Plan. 2. Circulation All of the on-site and off-site public streets required to serve the subdivision will be constructed or paid for by the developer in accordance with the Conditions of Approval. The public streets within the Project will be designed in accordance with the City design Resolution No. __ Page 3 standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing The housing provided within the Project will be market-rate housing. The Project will provide additional single-family home ownership opportunities in an established western Chula Vista neighborhood, within the Montgomery Specific Plan area. 4. Conservation The Project site is known to have significant environmental impacts, which are addressed by the mitigation measures, The mitigation monitoring and reporting program is incorporated into the conditions of approval. 5. Parks and Recreation, Open Space The Project will be required to pay park acquisition and development fees pdor to approval of a final map. The individual lots possess large rear yard areas, in addition to an open space storm drainage percolation landscape enhancement easement over portions of lots I through 4. 6. Seismic Safety The Project is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. The site is not located adjacent to an identified or inferred geologic fault. 7. Safety The Project is within the General Plan standard for response time of both Police and Fire services. The emergency services agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise The Project will be required to meet the residential standards of the General Plan's Noise Element and Municipal Code. The dwelling units will be required to meet the Uniform Building Code standards with regard to acceptable interior noise levels. 9. Scenic Highway The Project does not abut a scenic route or gateway 10. Bicycle Routes The public street within and adjoining the Project does not included a designated bike route. 1 1. Public Buildings Resolution No. __ Page 4 No public buildings are planned or proposed for the Project. B. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. 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 specific conditions set forth below: VI. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Project is hereby conditioned as follows: Environmental: 1. All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents dudng dust-generating activities to reduce dust emissions. Additional watering or dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 3. A 20-miles per hour (MPH) speed limit on unpaved surfaces in connection with the project shall be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re-suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated matedal shall be covered or watered. 6. Disturbed areas shall be hydro-seeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. Resolution No. __ Page 5 7. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with pre-chamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent available and feasible. 8. Temporary de-silting and erosion control devices shall be installed as specified on the Tentative Subdivision Map. These devices include de-silting basins, berms, hay bales, silt fences, dikes, and shoring. Protective devices shall be provided at every storm drain inlet to prevent sediment from entering the storm drain system. 9. Additional erosion control measures will be installed as required by the City Engineer due to uncompleted grading operations or unforeseen circumstances that may arise. 10. A qualified paleontologist will be retained to implement a paleontological monitoring and recovery program as a condition of the project construction contract. A qualified paleontologist is defined as an individual with a Masters of Science (MS) or Doctorate of Science (PhD) in Paleontology or Geology that is a recognized expert in the identification and recovery of fossil materials. 11. The qualified paleontologist will attend the project pre-construction meeting to discuss project-grading plans with the project contractors. If the qualified paleontologist determines that proposed excavation/grading will likely cut into undisturbed portions of the Bay Point formation, then monitoring will be conducted as outlined in conditions 12 through 14. 12. The project paleontologist or a paleontological monitor will be on site during original cutting of the above noted geological units. A paleontological monitor is defined as an individual who has experience in collection and salvage of fossil materials, and who is working under the direction of a qualified paleontologist. Monitoring of the noted geologic units will be at least half-time at the beginning of excavation, and will be either increased or decreased depending on the initial results per the direction by the project paleontologist. 13. In the event that well-preserved fossils are discovered, the project paleontologist will have the authority to temporarily halt or redirect construction activities in the discovery area to allow recovery in a timely manner, typically in the order of one hour to two days. All collected fossil remains will be cleaned, sorted, catalogued, and deposited in an appropriate scientific institution such as the San Diego Museum of Natural History. 14. A report with map showing the fossil site locations summarizing the results, analysis, and conclusions of the above described monitoring/recovery program will be submitted to the City of Chula Vista Planning Department, Environmental Division with three months of terminating the monitoring activities. En~ineerin.q: 15. Design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Obtain City Engineer approval of the Resolution No. __ Page 6 detailed improvement plans prepared by a registered civil engineer licensed in the State of California detailing horizontal and vertical alignment of said streets. Design transition to meet existing improvements in El Loro Street to the satisfaction of the City Engineer. Said improvements shall include, but not be limited to, asphalt-concrete pavement, base, concrete curb, gutter sidewalk, pedestrian ramps, street signs, street name signs, striping, sewer and water utilities, drainage facilities, street lights, and fire hydrants. 16. Show the installation of two lO0-watt HPSV Street Lights on concrete standards between lots 5 and 6 and between lots 1 and 2 on the final map. The Engineering Division shall determine the exact location. 17. Lot lines shall be located at the top of slopes per City of Chula Vista Subdivision Manual and Grading Ordinance unless otherwise specified in these conditions of approval. 18. Guarantee prior to approval of the final map the construction of public-street improvements deemed necessary to provide service to the subject subdivision in accordance with City standards. 19. Provide written verification to the City Engineer from Sweetwater Authority water district that the subdivision will be provided adequate water service and long-term water storage facilities. 20. Provide a minimum 12-ft. wide concrete-base paved or other approved road surface access and vehicular turn-around to all public detention basin drainage facilities at the southeast corner of the subdivision to the satisfaction of the City Engineer. The graded access within a 15-ft. wide easement is required for the public storm drain facility between El Loro Street and Preston Place. 21. Install fire hydrants as determined by the City Fire Marshal. Said hydrant locations shall be shown on the improvement plans. 22. Remove and replace the existing 21-inch CMP storm drain-pipe at El Lugar Street with an 18-inch RCP storm drain pipe, or install an HDPE pipe liner into the existing pipe to the satisfaction of the City Engineer. 23. Submit grading plans prepared by a registered civil engineer for review and approval by the City Engineer. All grading and pad elevations shall be within 2-ft. of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 24. Submit an erosion and sedimentation control plan as part of the grading plans prepared by a registered civil engineer for review and approval by the City Engineer. 25. Show the location of cut and fill lines based on existing topography as part of the grading plans prepared by a registered civil engineer for review and approval by the City Engineer. 26. Submit a table listing for each of the proposed lots, and indicated whether the house structures for each of the proposed lots will be situated atop soils that are fill, cut, or a transition between fill and cut (bisected by fill and cut soils) as a requirement prior to the approval of the final map. Resolution No. __ Page 7 27. Provide notation on the grading plans acknowledging that the on-site storm run-off conveyance system along the rear property lines of parcels 5 through 9 will be a private storm water conveyance system. 28. Submit a detailed geo-technical report prepared, signed and stamped by a registered civil engineer and a certified engineering geologist pdor to approval of the grading plans and issuance of grading permit. 29. Submit a precise drainage study prepared, by a registered civil engineer and approved by the City Engineer prior to issuance of a grading permit or any other development permits. The design of the drainage facilities shall consider existing on-site and off-site drainage patterns. The drainage study shall show how downstream properties and storm drainage facilities are impacted. The City Engineer shall approve the extent of the study. 30. Submit a detailed hydraulic study including inlet sizing and dry lane calculation prior to approval of grading and improvement plans. 31. A maintenance mechanism and funding for the storm drainage systems, including the limits of public and private drainage facilities, needs to be addressed and shown as part of the grading and improvement plans. 32. Provide a straight alignment for the sewer main and an additional manhole along El Loro Street, as part of the grading and improvement plans. 33. The proposed storm-water drainage area in the southeast corner or the subdivision (along the rear portions of lots I through 4) shall be designed to percolate storm water run-off through the implementation of landscaping enhancements as conditioned below, in order to reduce the quantity of storm water run-off from the development to an amount equal to or less than the present 100-year frequency run-off and demonstrate the adequacy of existing facilities to the satisfaction of the City Engineer. 34. Comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program dudng and after all phases of the development process, including but not limited to rough grading, construction of street and landscaping improvements, and the construction of dwelling units. 35. Dedicate for public use all streets shown on the tentative subdivision map with the metes and bounds of the tentative subdivision map boundary. 36. Dedicate the access road and storm drainage catch basin as part of a public drainage facility easement outside of the proposed public-right-of-way with a minimum width of 15-ft. or as determined by the City Engineer to the City. 37. Dedicate a minimum 5-ft. wide landscape parkway between the curb gutter and sidewalk for street tree planting and maintenance easement along all public streets within the subdivision. 38. Grant of a utility and storm drainage easement is required through the easterly portion of lot 8 from Preston Place to the extension of El Loro Street within the subdivision, and a storm drainage easement is required from the top of the rear yard slope line and/or rear Resolution No. __ Page 8 property line to the toe of rear property line and/or rear yard slope line for lots 1 through 4 for purposes of maintaining a public drainage area via the implementation of percolation landscaping enhancements on private property. The individual property owners shall maintain the easement over the storm drainage area. The individual property owners shall be allowed to construct view decks on piers at the top of slope or provide additional landscaping elements; however, the easement will prohibit individual property owners from paving or installing fixed accessory structures on building pads or slabs within the storm drainage easement. 39. Grant of utility and storm drainage easement is required through the westerly portion of lot 4 on Preston Place, and a storm drainage easement shall also cover the portions of lots 7 through 10 on Morehouse Place that are non-participatory in the subdivision and implementation of percolation landscaping enhancement, but are necessary to the maintenance of the public drainage area on private off-site property. The developer shall notify the City at least 60-days prior to consideration of the final map by the City if the off-site right-of-way for the dedicated access road and storm drainage catch basin, or grant of storm drainage easements cannot be obtained as required by the conditions of approval. 40. After notification of the City, the developer shall pay the full cost of acquiring off-site right-of-way or easements required. A deposit of the estimated cost of acquiring said right-of-way or easements shall be provided to the City, and the City Engineer shall approve the estimated amount. All easements and/or right-of-way documents and plats shall be prepared with appraisals completed as necessary to commence proceedings. These requirements shall be accomplished prior to the approval of the final map. 41. If requested by the developer, the City may use its powers to acquire right-of-way, easements, or licenses needed for off-site improvements or work related to the tentative subdivision map. The developer shall pay all costs, both direct and indirect, incurred in said acquisition. 42. 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, 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 Subdivision Map Act provided the City promptly notifies the subdivide of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 43. Agree to hold the City harmless from any liability for erosion, siltation, or increase flow of drainage resulting from this project. 44. Agree to ensure that all franchised cable television companies are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances, and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. Resolution No. __ Page 9 45. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 46. Submit copies of the final map and improvement plan in a digital format such as (DFX) graphic file prior to approval of the final map. Provide a CAD copy of the final map based on accurate coordinate geometry calculations and submit the information in accordance with the City guidelines for digital submittal in duplicate on a 3-1/2-inch HD floppy disk prior to the approval of the final map. 47. 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. Planning: 48. 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. 49. The final map shall be prepared by a licensed civil engineer, and shall incorporate all the conditions of approval and be completed to the satisfaction of the Director of Planning and Building. 50. Prior to any use of the project site or issuance of any building permits, all conditions of approval shall be completed to the satisfaction of the Director of Planning and Building. 51. A conceptual landscape plan shall be provided that reflects the existing planting located in the southeast portion of the subdivision and located in the rear portions of the adjacent properties along Morehouse Place and within the proposed storm drainage easement. A complete set of landscape plans indicating the species, size, and type of planting for the storm drainage easement for purpose of providing the percolation landscape enhancement, shall be prepared by a registered Landscape Architect per Landscape Manual and shall be submitted for review along with the grading plan submittal and approved by the Landscape Planner. 52. A conceptual landscape plan for the landscape parkway street tree planting shall be prepared by a registered Landscape Architect per Landscape Manual and shall be submitted for review with the grading plan submittal and approved by the Landscape Planner. 53. A fencing plan shall be provided showing 6-ft. screening (solid wood) fencing behind the front yard setbacks between lots along the side and rear yard property lines, except for lots 1 through 4, where the rear yard fencing will be located at the top or slope and will consist of 4-ft. high coated (green or black) chain-link fencing with gated access to the 2:1 slope storm drainage area to maintain the percolation landscape enhancement. No fencing shall be installed within the slope or basin area. The fencing plan shall be reviewed with the grading plan submittal and approved by the Landscape Planner. 54. A water management plan .shall be submitted, including irrigation plans for the percolation landscape enhancement to be included in the slope and basin area. The water management plan shall be reviewed with the grading plan submittal and approved by the Landscape Planner. Resolution No. __ Page 10 55. The developer must submit a letter from the Fire Department to the Sweetwater Authority water district stating the fire flow requirements. The Fire Department has indicated that a fire flow of 1,000 gallons per minute at 20 pounds per square inch with water flow duration of 2-hours is required. Based on this requirement, the Sweetwater Authority will determine if there is a need for new water systems or substantial alteration to the existing water system, which will need to be addressed prior to issuing a building permit. 56. The Sweetwater Union High School District is requesting that the developer annex the project into the Community Facility District No. 10 to mitigate project impacts to the district. The developer will come to an agreement with the school district prior to the issuance of building permits. 57. The Chula Vista Elementary School District is requesting that the developer annex the project, into their new generic Community Facility District No. 10 to mitigate project impacts to the district. The developer will come to an agreement with the school district prior to the issuance of building permits. 58. Ensure with all utilities that the location of all existing utility facilities will be protected in place prior to commencement of grading. All utilities shall be underground within the subdivision. 59. All Park and Recreation pad fees shall be paid at the issuance of the final map pursuant to Chapter 17.10 of the Chula Vista Municipal Code. 60. All building plans must comply with 1998 Energy requirements, 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1998 National Electrical Code. 61. Approval of this tentative subdivision map shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 62. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative subdivision map, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this tentative subdivision map where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this tentative subdivision map and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. VII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, Resolution No.__ Page 11 this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as document No. Signature of Property Owner Date VIII. 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 so 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. Developer or a successor in interest gains no vested rights by the City's approval of this Resolution. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Director of Planning & Building City Attorney J:\PLANNING\HAROLD\R£SOLUTIONs\CC~RI:SO-PCS-0'~ -04.DOC CITY COUNCIL AGENDA STATEMENT ITEM NO.: Iq MEETING DATE: 06/19/01 ITEM TITLE: PUBLIC HEARING: PCZ-01-03 - A RECOMMENDATION TO AMEND THE ZONING MAP BY REZONING FRIENDSHIP PARK FROM C-O (ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE) TO P-Q (PUBLIC/QUASI-PUBLIC ZONE) - CITY OF CHULA VISTA. ORDINANCE NO. ~ OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE BY REZONING FRIENDSHIP PARK FROM C-O (ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE) TO P-Q (PUBLIC/QUASI-PUBLIC ZONE). SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR g~b'-~ REVIEWED BY: CITY MANAGER BACKGROUND This is a city-initiated request that would rezone Friendship Park from C-O (Administrative and Professional Office Zone) to P-Q (Public/Quasi-Public Zone) for the purpose of reflecting the existing land use of the property. The rezoning would be consistent with the General Plan and would bring the property into compliance with Title 19 of the Municipal Code and amend the Zoning Mop. The proposed P-Q zone classification includes public parks as a permitted use. The Planning and Environmental Manager has determined that the projed is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Code of Regulations. RECOMMENDATION Staff recommends that the City Council adopt Ordinance No. __ rezoning Friendship Park from C-O (Administrative and Professional Office Zone) to P-Q (Public/Quasi-Public Zone). BOARDS/COMMISSIONS RECOMMENDATION The Planning Commission considered this proposal on June 13, 2001 and voted 6-0 (1 absent) to adopt Resolution No. PCZ-01-03 recommending that the City Council approve the rezoning in accordance with the draft Ordinance No. PAGE 2, ITEM NO.: MEETING DATE: 06/19/01 DISCUSSION Site Characteristics The subject properly is Friendship Park, a neighborhood park, located to the north of the main library. The park site is relatively flat and consists of one rectangular parcel that is approximately 3.78 acres in size. The park is bounded by Fourth Avenue to the west, Davidson Street to the north, and Garrett Avenue to the east. The Civic Center complex is located to the west and single-family residences are located to the north and east. General Plant Zonin.q, and Land Use GENERAL PLAN ZONING LAND USE Site: Public & Quasi-Public C-O (Administrative & Professional Office) Friendship Park North: Residential High R-3 (Apartment Residential) Single-Family Residences South: Public & Quasi-Public C-O (Administrative & Professional Office) Main Library East: Residential High C-O (Administrative & Professional Office) Single-Family Residences West: Public & Quasi-Public C-O (Administrative & Professional Office) Civic Center Complex Proposal This is a city-initiated request to rezone Friendship Park from C-O (Administrative and Professional Office Zone) to PoQ (Public/Quasi-Public Zone) for the purpose of reflecting the existing land use of the property and to preserve the site as a neighborhood park. The rezoning would also bring the property into compliance with Title 19 of the Municipal Code and amend the Zoning Map. Analysis As part of the recent site selection process for the proposed Police Department facility, Friendship Park was considered as one of the potential alternative locations for the facility. During the course of the evaluation of the site, it was determined that the underlying zone classification was C~O (Administrative and Professional Office Zone). The C-O zone is an appropriate classification for the adjacent Civic Center complex to the west, which includes the City Hall administrative offices, and the main library to the south of the park. However, the zone classification is not reflective of the actual use of the subject property as a neighborhood park. The General Plan has identified and designated the site as a neighborhood park. During the public hearing process for the Police facility, the City Council made clear its intention of preserving Friendship Park as a neighborhood park serving the Town Centre area of the City as / r ) PAGE 3, ITEM NO.: ~/ MEETING DATE: 06/19/01 well as the greater community. The proposed rezone of the property would not alter its existing and long-standing use and this action would allow the continued use of the properly as a neighborhood park with no new impacts. The proposed rezone would be consistent with the policies of the General Plan, which designates Friendship Park as a neighborhood park. The proposed rezone would be consistent with the Town Centre II Redevelopment Plan, which identifies the park in its land use diagram. Article VI, Section 610.3, of the plan states that the Agency shall endeavor to substantially increase the area of open space within the project area, including public parks. Conclusion The proposed rezoning of Friendship Park would accomplish the City Council's policy direction to rezone and preserve the neighborhood park. Preserving Friendship Park would avoid the loss of already scarce urban public park land in the City's central core. The proposed P-Q zone would preclude the development of administrative and professional office uses, which are now permitted under the current C-O zone. FISCAL IMPACT There will be no fiscal impact as a result of this proposed rezone, which will reflect the existing land use of the subject as a neighborhood park. No further development or improvements are proposed as part of this request. ATTACHMENTS 1. Planning Commission Resolution No. PCZ-01-03 2. Draft City Council Ordinance J:\COMMDEV~STAFF.REP\06-19-Ol\Friendship Park Rezone CC.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE BY REZONING FRIENDSHIP PARK FROM C-O (ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE) TO P-Q (PUBLIC/QUASI- PUBLIC ZONE). WHEREAS, a duly verified application for a rezone was filed with the City of Chula Vista Planning Department; and WHEREAS, the application requests approval to rezone Friendship Park from C-O (Administrative and Professional Office Zone) to P-Q (Public/Quasi-Public Zone) for the purpose of reflecting the existing land use of the subject property and achieving consistency with the General Plan; and WHEREAS, the Planning and Environmental Manager has determined that the project is exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3); and WHEREAS, on June 13, 2001, the Planning Commission voted __ to recommend that the City Council approve the rezoning in accordance with Resolution PCZ-01-03; and WHEREAS, the City Clerk set the time and place for a hearing on said rezoning application and notice of said hearing, 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 ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely on June 19, 2001 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: The rezoning provided for herein is consistent with the City of Chula Vista General Plan and is supported by public necessity, convenience, general welfare, and good zoning practice. SECTION II: The City of Chula Vista Zoning Map is hereby amended to rezone the subject property, known as Friendship Park, as shown on Exhibit A, from C-O (Administrative and Professional Office Zone) to P-Q (Public/Quasi-Public Zone). SECTION III: This ordinance shall take effect and be in full force the 30th day from its adoption. Presented by Approved as to form by Chris Salomone /J~vl. Kaheny ~ Director of Community Development (.C_Mty Attorney EXHIBIT A LOCATION CHULA ~STA CIVIC CENTER L I BRARY '_ F' STREET SHOPPING CENTER CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT THE CITY OF CHULA VISTA PROJECT DESCRIPTION: ( ,~mc..,,.r: 'REZONE PROJECT FRIENDSHIP PARK ADDRESS: Request: The proposed rezone of Friendship Park from .... C-O (Admin/Profes~ional Offices) to P41 (Public/Quasi-Public) SCALE: FILE NUMBER: NORTH No Scale PCZ-0i-03 ~ CITY COUNCIL AGENDA STATEMENT ITEM NO.: .~P MEETING DATE: 06/19/01 ITEM TITLE: RESOLUTION APPROVING THE EASTLAKE TRAILS FIRST-TIME HOMEBUYER PROGRAM AND THE DENSITY BONUS INCENTIVES SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~_/~ · REVIEWED BY: EXECUTIVE DIRECTOR ~('/-- 4/STHSVOTE: YES ~-~ NO ~ BACKGROUND On May 4, 1999, the City Council approved a Master Tentative Map for Eastlake Trails by Resolution No. 19447. Condition No. 44 of the map stipulates that a Iow and moderate income housing program be established with the goal of providing 5% Iow and 5% moderate income housing units within the Eastlake Tentative Map. Eastlake Development Corporation proposes to build the affordable units as a "for-sale" project and has requested City assistance in obtaining a density bonus and in developing a first-time homebuyer program. The Trails Program is the second affordable homeownership development proposed by the Eastlake Development Corporation and will consist of 123 total units of which 33 units will be designated as affordable. The number of affordable units equals the number of density bonus units being requested. RECOMMENDATION That the City Council adopt the resolution approving the Eastlake Trails First-Time Homebuyer Program and the Density Bonus Incentives. BOARDS/COMMISSIONS RECOMMENDATION The Housing Advisory Commission reviewed and approved the Eastlake Trails First Time Homebuyers Program on May 2, 2001. The Eastlake Trails proposed homeownership development is unique in the method of satisfying the City's affordable housing requirement by providing for-sale units. The typical method of providing affordable housing opportunities for Iow-income households has been the production of rental units. The Eastlake Trails project will be Chula Vista's second affordable for-sale project located within the Eastlake community. PAGE 2, ITEM NO.: MEETING DATE: 06/19/01 1. Site Characteristics The project site is located on the north side of Club House Drive within Eastlake Trails SPA 3. The property is currently undeveloped. The general area is characterized by single-family homes. 2. General Plan, Zoning, and Land Use General Plan Zoning Land Use Site Residential Med (6-11 du/ac) RC Sycamore Ridge North Residential Low-Med (3-6 du/ac} RP Single-Family Homes South Residential Low-Med (3-6 du/ac) RP Single-Family Homes East Open Space/Parks and Rec P-2/P-2 Park West Residential Low-Med (3-6 du/ac) RP Single-Family Homes 3. Environmental Status An Initial Study conducted by the City of Chula Vista concluded that the proposed project would not result in any additional significant environmental effects other than those previously covered under the Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report 97-04. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the Environmental Review Coordinator determined that the proposed project requires an addendum to the Final SEIR 97-04, and Addendum IS- 01-51 (Attachment 4) was prepared. 4. Project Description The proposed project will include 123 for-sale attached dwelling units, which will consist of 82 two-bedroom units and 41 three-bedroom units. Of the 123 total units there will be 27 affordable two-bedroom units and 6 affordable three-bedroom units. The development will include forty-one two-story buildings with attached garages located on 7.02 acres. Each building will consist of three dwelling units. Special features and amenities included in the project are passive recreational uses with a tot lot, a recreation building, pools, trails, ponds, and other amenities available to Eastlake residents. 5. Density Bonus As specified in Section 65195(b) of the State Density Bonus Law, the City shall grant a minimum 25 percent increase, (unless a lesser percentage is elected by the developer) PAGE 3, ITEM NO.: ~v MEETING DATE: 06/19/01 over the otherwise maximum residential density and at least one additional concession or incentive to a housing developer agreeing or proposing to construct at least: 1) 20 percent of the total units for Iow income households; 2) 10 percent of the total units for very Iow income households; or 3) 50 percent of the total units for seniors. In addition, the City must grant at least one additional incentive or concession as defined in Section 65195 (h) or make a written finding that the additional incentive or concession is not required to provide the affordable housing. Such incentives include one of the following: 1) reduction or modification of Development Standards, Zoning Codes or Architectural Design Requirements; 2) permit mixed use zoning within the housing development; or 3) allow other regulatory incentives or concessions. The applicant is requesting a 37 percent density bonus to increase the project density from 90 to 123 dwelling units. By recommending a 37 percent density bonus the City is satisfying the requirement of granting at least one additional incentive by providing the additional 12 percent increase above the required 25 percent density bonus. The City is also providing an additional incentive of four units of credit for the development of six affordable 3-bedroom units. The designated 33 affordable units equals 27 percent of units to be affordable to Iow-income households, thereby satisfying the developer's requirement of affordability to provide at least 20 percent of the total units for Iow income households. In consideration of the City's financing incentives, the developer will build 33 additional units, which will be restricted for purchase and occupancy by Iow-income households, defined as households with an income at or below 80% of the Area Median Income (AMI). In addition, the developer will provide a mix of unit sizes, which will include, 27 two bedroom/two bath units and 6 three bedroom/two bath units. The larger unit sizes will thereby be able to accommodate and assist larger families 6. Affordability Purchase prices for the affordable Iow-income units shall not exceed the Maximum Allowable Purchase Price defined as a price affordable to a household earning at or below 80% of AMI. The sales price for two-bedroom units will be based upon a household of four; and for the three bedroom units the sales price will be based on a household of five. Currently, the maximum income for a Iow-income household of five is $49,150. The Maximum Allowable Purchase Price is based upon total housing costs, including interest, principal, real estate taxes, homeowner's insurance, and association fees, not exceeding 33 percent of the gross income of the buyer, adjusted for the appropriate household size. Based on this definition, the current sales price for the two-bedroom units is $148,969 and for the three-bedroom $162,524. Currently, sales prices for the PAGE 4, ITEM NO.: MEETING DATE: 06/19/01 market rates units are $171,000 for the two-bedroom units and $204,000 for the three- bedroom units. Therefore, the units will have built in equity of approximately $20,000 to $40,000 at the time of purchase. In addition to the purchase price set at an affordable level, Eastlake Trails has agreed to subsidize the cost of the land. 7. Financial Assistance To assist Eastlake in marketing the for-sale units to Iow-income households, staff proposes providing financial assistance for a first-time homebuyer downpayment and closing cost assistance program to qualified purchasers of the designated Iow-income units. The City will provide $8,000 as a second trust deed for the two bedroom units and $13,000 as a second trust deed for the three bedroom units. The total term of the loan is 15 years but will be deferred for years one through five. Payments will be required from years six through fifteen at a simple interest rate of 3%. Based on these terms the monthly payment on the $8,000 second will be approximately $77 per month and on the $13,000 second will be approximately $125 per month. Purchasers will make monthly payments directly to the City on all second trust deed monies. Upon sale or transfer of title, the City will recoup the remaining loan balance. All qualified purchasers will receive a $2,000 non-repayable grant. HOME funds have been identified as the most viable funding source for the downpayment and closing cost assistance program due to the more flexible qualifying guidelines allowed. The use of HOME funds and the Density Bonus both have affordability covenants and restrictions. In order to comply with both, the City must implement either a recapture provision or a resale provision. The recapture provision allows the City to capture a percentage of the net proceeds upon sale of the affordable unit whereas the resale provision requires that the City maintain the unit as affordable for a minimum five years. Staff recommends that the City approve the application of the recapture provision in order to recirculate funds to other first time homebuyer programs. Based on the following formula, the City would recapture a portion of the net proceeds (equity) remaining after deduction of the homebuyers initial investment, any improvements to the property, and the costs of selling the unit. Years of Occupancy City Recapture Homeowner Recapture 1-3 years 40% 60% 4-6 years 30% 70 % 7-10 years 20 % 80 % 10+ years 0% 100% PAGE 5, ITEM NO.: ~ 0 MEETING DATE: 06/19/01 8. Project Timeline The Eastlake Trails Project will be presented to the Planning Commission on June 13, 2001, and to the Design Review Commission at a later date. Upon approval by the Planning Commission and the Design Review Commission, staff will present the Eastlake Trails Project to Council for approval, including the Affordable Housing Agreement and the Eastlake Trails Regulatory Agreement. The Affordable Housing Agreement will clearly describe Eastlake's requirement to build affordoble housing, the production milestones, and the City's authority to ensure that said requirement is fulfilled. The Regulatory Agreement will describe in detail the underwriting guidelines for qualifying the homebuyers, processes for determining eligibility for purchase, required documentation to be submitted to the City, and measures of accountability. Staff anticipates that the Project will be presented to Council during July 2001. FISCAL IMPACT The City's proposed financial assistance will be in an amount not to exceed $412,500 or, on average of, $12,500 per unit from the City's HOME funds. The purpose of utilizing HOME funds for the Trails Program is the limitation of regulatory requirements in qualifying first-time homebuyers. HOME program guidelines allow first-time homebuyers the flexibility of qualifying for a home based on market lending conditions versus other funding sources, which have restrictions, which would prevent households earning at or below 80% of AMI to qualify. The allocation of $412,500 will not have a significant impact on the HOME allocation. Every year the City receives approximately $900,000 in HOME funds. Additionally, the City has over $1,000,000 in HOME funds carried over from previous allocations. At this time, the Trails Project is awaiting approval from the Design Review Commission. Upon approval, staff will bring forward the allocation of HOME funds for the Trails Project. ATTACHMENTS Exhibit A: Eastlake Trails Site Plan Exhibit B: Locator Map Exhibit C: Elevations J:\COMMDEV~STAFF.REP\06-19-0 l\Eastlake Trails.doc EXHIBIT B TRAILS COMMUNITY CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT SHEA HOMES LIMITED PARTNERSHIP PROJECT DESCRIPTION: O APP,,C*N~: DESIGN REVIEW PROJECT EASTLAKE T7 Request: For a Design Review Permit for a 123-unit, ADDRESS: North of Clubhouse Drive multi-family project appFoxlmately 7.0 acres. Located at the northwest comer of Clubhouse Odve and SCALE: FILE NUMBER: S Creekside Ddve. NORTH No Scale DRCA31-50 Related Case: IS-01-053 j:\planning\cherr I\locators\drcO150.cdr 5.4,01 EXHIBIT C COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EASTLAKE TRAILS FIRST-TIME HOMEBUYER PROGRAM AND THE DENSITY BONUS INCENTIVES WHEREAS, on December 12, 1993, the City Council adopted a General Plan Amendment by Resolution No. 17309 which reinstituted the Affordable Housing Program previously established; and WHEREAS, on November 24, 1998, the City of Chula Vista adopted the Comprehensive Affordable Housing Program for the Planned Community of Eastlake; and WHEREAS, Eastlake Development Corporation proposes to build 123 for sale attached dwelling units, which will include 33 affordable units; and WHEREAS, Eastlake Development Corporation is requesting a thirty-seven percent (37%) density bonus equaling 33 additional units; and WHEREAS, four additional credits will be issued to Eastlake Development Corporation for the construction of a mix of larger sized units, including six three- bedroom units; and WHEREAS, an Initial Study conducted by the City of Chula Vista concluded that the proposed project would not result in any additional significant environmental effects other than those previously covered under the Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report 97-04; and WHEREAS, an Addendum to the Final SEIR 97-04 concluded that the additional 33 units would have no significant environmental effects per the Initial Study. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Eastlake Trails First-Time Homebuyer Project and the Density Bonus Incentives. Presented by Approved as to form by ~J~h~l. Kaheny Chris Salomone ~t~ Attorney Director of Community Development