HomeMy WebLinkAboutReso 1996-18379 RESOLUTION NO. 18379
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ORDERING CHANGES AND
MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN
ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) AND
APPROVING THE FOURTH AMENDMENT TO THE
ACQUISITION/FINANCING AGREEMENT
WHEREAS, the City Council of the CITY OF CHULA VISTA, CALIFORNIA, has
previously adopted its Resolution of Intention and confirmed an assessment for certain works
of improvement in a special assessment district, pursuant to the terms and provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code
of the State of California; said special assessment district known and designated as
ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred to as the
"Assessment District"); and
WHEREAS, subsequent to the confirmation of the assessment and after the
improvements were ordered, but during the pendency of these proceedings, it has been
determined that the cost of acquiring certain improvements financed by the Assessment
District was less than the estimated cost of acquisition of such improvements as reflected in
the Final Engineer's Report and upon which the assessments were based; and
WHEREAS, subsequent to the confirmation of the assessment and after the
improvements were ordered, but during the pendency of these proceedings, it has also been
determined that certain parcels within Eastlake Greens Phase II commonly referred to as R10
and R20 are proposed to be developed with less equivalent dwelling units than were projected
at the time the Assessment District was formed and, consequently, such parcels were
assessed for more street improvements than now directly and specially benefit such parcels;
and
WHEREAS, the DIF credits to which such parcels are entitled as a result of the
confirmed assessments levied against such parcels exceeds the number of dwelling units
actually developed on such parcels; and
WHEREAS, that properties commonly referred to as R26 and The Trails can utilize the
excess DIF credits originally allocated to the above referenced parcels; and
WHEREAS, it therefore appears to be in the best public interest to order certain
changes and modifications to the proceedings, the Engineer's "Report", and certain individual
assessments; and
WHEREAS, Eastlake Development Company ("Eastlake"), the owner of certain of those
properties for which the assessments are proposed to be increased, has both requested and
consented to the proposed changes and modifications including the increase in the
assessments on their properties; and
WHEREAS, the owners of the remainder of those properties for which the assessments
are proposed to be increased (the "Nonconsenting Owners"), have withheld their consent to
Resolution 18379
Page 2
the proposed changes and modifications including the increase in the assessments on their
properties; and
WHEREAS, in order to permit the City Council to consider and approve the proposed
changes and modifications without the necessity for a noticed public hearing, Eastlake has
requested that the City agree to further amend the Acquisition/Financing Agreement dated
May 19, 1994 by and between the City and EastLake as such agreement has been previously
amended to date (the "Acquisition/Financing Agreement") to provide (a) that the City withhold
the last payment due to Eastlake thereunder for the acquisition of public improvements
financed through the Assessment District No. 94-1 (the "Withheld Payment"), (b) that
Eastlake deposit certain funds with the City in the form of cash or a letter of credit in an
amount which when combined with the Withheld Payment will be sufficient to pay the debt
service due on March 2, 1997 and September 2, 1997 and to call improvement bonds on
March 2, 1997 on a principal amount equal to the proposed increase in the assessments on
those properties owned by the Nonconsenting Owners and (c) that such funds be to utilized
to call such improvement bonds on March 2, 1997 if the City has not received the consent
of the Nonconsenting Owners to the proposed changes and modifications including the
increase in the assessments on their properties by January 15, 1997; and
WHEREAS, there has been presented for consideration by this City Council a Fourth
Amendment to the Acquisition/Financing Agreement (the "Fourth Amendment") which would
amend the Acquisition/Financing Agreement as provided in the previous recital.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That it is hereby ordered that the changes be made as set forth in the
attached Exhibit "A", and the assessment roll shall be modified and
amended to reflect the modifications as set forth in said Exhibit "A", and
the Engineer's "Report", assessment roll and diagram shall be modified
where appropriate; provided, however, the increase in the assessments
on the properties owned by the Nonconsenting Owners shall become
effective only if the City shall, on or before January 15, 1996, have
received the written consent of such Nonconsenting Owners to such
increase.
SECTION 3. That said changes and modifications are hereby ordered pursuant to the
provisions of Section 10352 of the Streets and Highways Code. Such
changes and modifications will result in an increase in certain individual
assessments, however, this City Council finds that the owners of such
properties have requested and consented to such changes and
modifications including the increase in the assessments on their
properties or the increase in the assessments on such properties is
conditional upon the receipt of such consent as provided in the Fourth
Amendment.
SECTION 4. That said changes and modifications, as so ordered, are in the best
interests of the property owners within the boundaries of the
Resolution 18379
Page 3
Assessment District and the assessment roll and Engineer's "Report",
as modified pursuant to Section 1. hereinabove, shall thereafter stand
as the "Report" for all subsequent proceedings relating to this
Assessment District.
SECTION 5. That no public hearing is required for these changes and modifications
inasmuch as said modifications meet the intent and requirements of said
Section 10352 of the Streets and Highways Code, and it is further
hereby determined that said changes and modifications are in the best
public interest and convenience for the Assessment District and the
property owners affected thereby.
SECTION 6. That said changes and modifications as set forth in the previously
referenced Exhibit "A" will cause a reduction in certain assessments.
Inasmuch as said changes shall modify or eliminate certain
improvements and thereby reduce the estimated benefits to be received
from the modified or eliminated improvements for certain properties
within the Assessment District, it is hereby ordered that the savings
realized from the reduction in or elimination of the cost of such
improvements shall be applied as a credit on the individual assessments
pursuant to Streets and Highways Code Section 10427.1.
SECTION 7. Monies, as appropriate, shall be transferred from the Improvement Fund
to the Redemption Fund to call bonds as necessary to effectuate the
appropriate credits against assessments as set forth in Section 6
hereinabove.
SECTION 8. That the form of the Fourth Amendment is hereby approved
substantially in the form submitted. The Mayor is hereby authorized to
execute the final form of such amendment on behalf of the City. The
City Manger, subject to the review of the Acting City Attorney and Bond
Counsel, is authorized to approve changes in such amendment deemed
to be in the best interests of the City, such changes to be evidenced by
the execution of such amendment. A copy of the final form of such
amendment shall be kept on file in the Office of the City Clerk to be
known as Document No. CO96-130 and to remain available for public
inspection.
Presented by Approved as to form by
J n P. Lip A~n Y. More '
f Public Works Acting City Attorney
Resolution 18379
Page 4
Exhibit "A"
Assessment District No, 94-1
Acquisition Cost
TOTAL ASSESSMENTS
Current ~ Modified
!CONSTRUCTION COST
Streets, Grading, Landscaping, and Dry Utilities $1,804,343.00 $1,504,396.65
Water $382,345.00 $431,547.00
Sewer $177,750.00 S61,423.00
Storm Drain $1,214,605.00 $329,574.00
Reclaimed Water $158,950.00 $100,282.00
DIF Streets $1,639,338.00 $1,346,253.56
Subtotal Construction cost $5,377,331.00 $3,773,449.20
Contingency (10%) $537,733.10 $210,998.11
TOTAL CONSTRUCTION COST $5,915,064.10 $3,984,447.31
INCIDENTAL EXPENSES
I. Civil Engineering $275,2662.00 $225,432.03
2. Soils Engineering 881,824.91 $71,664.48
3. Surveying $96,656.36 $65,217.11
4. Dry Utilities Engineering 816,501.00 $10,085.75
5. Landscaping Architect $36,606.00 $4,848.89
6. Public Agency (Proj Mgmt & Assrot Eng) $78,000.00 $135,753.30
7. Plan Check &City Fees 886,621.00 $124,976.59
8. City Bonds $32,967.00 $18,422,87
9. Bond Printing, Servicing &Registration $10,000.00 $10,000.00
10. Printing &Advertising $1,000.00 $1,000.00
11. Bond Counsel $39,586,00 $39,734.60
12. Assessment Consulting $10,000,00 $1,118.38
13. Financial Consultant $42,000.00 $54,005.00
14. DIF Project City Administration $36,065.00 ~3,191.87
15. DIF Support $95,020.00 $95,020.00
Total Incidentals $937,109.27 $860,470.87
Resolution 18379
Page 5
TOTAL ASSESSMENTS
Current Modified
Plus MiScellaneous ACquisitions $157,700.00 $179.52
Less Developer Contribution ($114,511.00 ($114,511.00
Less Prepaid Assessments ($224,727.50 ($224,727.50
Subtotal Acquisition Expenses (Const + Incidental) $6,670,634.87 $4,505,859~20
COST OF ISSUANCE
Reserve Fund $644,550.00 $644,550.00
Bond Discount $149,289.49 $149,289.49
Subtotal Cost of Issuance $793,839.49 $793,839.49
Balance to Assessment $7,464,474.36 $5,299,698.69
"" ..............'T 17 r
Resolution 18379
Page 6
MODIFIED ASSESSMENT ROLL
FUND NO. 6014-41
I APN I Item No I Assrants/Originally Confirmed I Assmn~ as Modified
R/20/23 (Co) 643-020-39 3A 1210,831.04 1134,368.31
R26/Church 643-020-44 5115 &212,393.18 S0.00
Trail~ 643-030-04 5116 $764,983.24 $1,188,628.40
R3(5)~1 643-030-11 5108 $452.401.21 1315.942.40
Trails 643-030-14 5116 $765,442.97 $456,291.42
ELG*S, U27, U26. U4. U12 & U 643-030-15 5109 $3.069,099.12 $1,773,894.59
RIO (Co) 643-070-04 36 $960,924.72 $516,801.19
R23-14 643-100-01 5007 $39,217.77 $35,213.08
R25-6 643-100-02 5008 $16,807.62 $15,091.32
R25-4 643-100-03 5009 111.205.08 $10,060.88
R25-14 643-100-04 5010 $39,217.78 $35,213.08
R25-5 643-100-05 5011 $14,006.35 $12.576.10
R25-4 643-100-06 5012 $11.205.08 $10.060.88
R25-5 643-100-07 5013 $14,006.35 $12.576.10
R25-10 643-100-08 5014 $29,012.70 $25,152.20
R25-6 643-100-09 5015 $16,807.62 $15,091.32
R25-10 643;100-10 5016 $28,012.70 $25,152.20
R3(N) 643-110~01 91 $3,836.50 $3,485.51
643-110-02 92 $3,836.50 $3.485.51
643-110-03 93 $3,836.50 $3,485.51
643-110-04 94 $3.836.50 $3,485.51
643-110-05 95 $3,636.50 $3,485.51
643-110-06 96 $3.836.50 $3.485.51
643-110-07 97 $3,836.50 $3,485.51
643-110-08 98 $3,836.50 $3.485.51
643-110~09 99 $3,836.50 $3,495.51
643-110-10 100 $3.836.50 $3,485.51
643-110-11 101 $3.836.50 $3,485.51
643-110-12 102 $3,836.50 $3.485.51
643-110-13 103 $3.836.50 $3,485.51
643-110-14 104 $3,836.50 $3,485.51
Resolution 18379
Page 7
APN Item No Assmnts/Originally Confirmed Assmntas Modified
643-110-15 105 $3,836.50 $3.485.51
643-110-16 106 $3,836.50 $3.485.51
643-110-17 107 $3,836.50 $3,486.51
643-110-18 108 $3,836.50 $3.485.51
643-110-19 109 $3,836.50 $3,485.51
643-110-20 110 $3,836.50 $3,485.51
643-110-21 111 $3,836.50 $3,485.51
643-110-22 112 $3.836.50 $3,485,51
643-110-23 113 $3,836.50 $3,485,51
~43-110-24 114 $3,838.50 $3,485,51
643-110-25 115 $3,836.60 $3,485.51
643-110~26 116 $3,836.50 $3,485.51
643-110-27 117 $3,836.50 $3,485.61
643-110-28 118 $3,836.50 $3,485.51
643-110-29 119 $3,836.50 $3,485.51
643-110-30 120 $3,836.50 $3,485.51
643-110-31 121 $3,836.50 $3.485.51
643-110-32 122 $3,836.50 $3,485.51
643-110-33 123 $3,836.50 $3,485.51
643-110-34 124 $3,836.50 $3.485.51
643-110-35 125 $3,836.50 S3,485.51
643-110-36 126 S3,836.50 $3,485.51
643-110-37 127 $3,836.50 $3,485.51
643-110-38 128 $3,836.50 $3,485.51
643-110-39 129 $3.836.50 $3,485.51
643-110-40 130 $3.836.50 $3.485.51
643-110-41 131 $3,836.50 $3,485.51
643-110-42 132 $3,836.50 $3,485.51
643-110-43 133 $3,838.50 $3,485.51
643-110-44 134 $3,836.50 $3,485.51
643-110-45 135 $3,836.50 $3,485.51
643-110-46 136 $3,636.50. $3,485.51
643-110-47 137 $3,836.50 $3,485.51
643-110-48 138 $3,836.50 $3,485.51
Resolution 18379
Page 8
APN Item No Assmnts/Originally Confirmed Assmntas Modified
643-110-49 139 S3,836.50 13,485.51
643-110-50 140 $3,836.50 $3,485.51
643-110-51 141 $3.836.50 $3,485.51
R20(City} 643-130-01 $3.713.99 $3.363.00
643-130-O2 $3.713.99 S3,363.O0
643-130-O3 $3,713.99 63.363.00
643-130-04 $3.713.99 S3.363.O0
643~130-05 t3,713.99 13.363.O0
643-130-O6 $3,713.99 $3,363.00
643-130-07 $3,713.99 $3,363.00
643-130-08 $3.713.99 $3.363.00
643-130-09 $3,713.99 $3.363.00
643-130-10 $3,713.99 $3,363.00
643-130-11 $3.713.99 $3.363.00
643-130-12 $3.713.99 $3.363.00
643-130-13 83.713.99 $3,363.00
643-130-14 $3,713.99 $3.363.OO
643-130-15 $3.713.99 $3,363.00
643-130-16 $3,713.99 $3,363.00
643-130-17 $3,713.99 $3,363.00
643-130-18 $3,713.99 $3,363.00
643-130-19 63,713.99 83,363.00
643-130-20 83,713.99 S3,363.00
643-130-21 $3,713.99 $3,363.00
643-130-22 $3.713.99 $3.363.00
643-130-23 $3,713.99 S3,363.OO
643-130-24 $3,713.99 $3.363.00
643-130-25 $3,713.99 $3.363.00
643-130-26 $3.713.99 $3.363.00
643-130-27 $3.713.99 S3.363.O0
643-130-28 $3,713.99 $3.363.00
643-130-29 $3.713.99 $3.363.00
643-130-30 $3.713.99 $3,363.00
643-130-31 $3.713.99 $3,363.O0
Resolution 18379
Page 9
APN Item No Assmnts/Originelly Confirmed Assmntas Modified
643-130-32 $3,713.99 $3,363.00
643-130-33 $3,713.99 $3,363.00
643-130-34 S3,713.99 S3,363.OO
643-130-35 $3,713.99 $3,363.00
643-130-36 $3,713.99 S3,363.00
643-130-37 $3,713.99 $3,363.00
643-130-38 $3,713.99 $3,363.00
643-130-39 $3.713.99 $3,363.00
643-130-40 $3,713.99 $3,363.00
643-130-41 $3,713.99 $3,363.00
643-130-42 $3.713.99 $3,363.00
643-130-43 $3,713.99 $3,363.00
643-130-44 S3,713.99 $3,363.00
643-130-45 $3,713.99 $3.363.00
643-130-46 $3,713.99 $3,363.00
643-130-47 $3.713.99 $3,363.00
643-130-48 $3.713.99 $3,363.00
643-130-49 $3,713.99 $3,363.00
643-130-50 $3,713.99 $3,363.00
643-130-51 $3,713.99 $3,363.00
643-130-52 $3,713.99 $3,363.00
643-130-53 $3,713.99 $3,363.00
643-130-54 S3,713.99 $3,363.00
643-130-55 $3,713.99 $3,363.00
643-130-56 $3.713.99 $3,363.00
643-130-57 $3,713.99 $3,363.00
643-130-58 $3,713.99 $3,363.OO
643-130-59 $3,713.99 $3.363.00
643-130-60 $3,713.99 S3,363.00
643-130-61 $3.713.99 $3,363.00
643-130-62 $3,713.99 $3,363.00
643-130-63 $3,713.99 $3,363.00
643-130-64 $3,713.99 $3,363.00
643-130-85 $3,713.99 $3,363.00
""' .......... T
Resolution 18379
Page 10
APN Item No Assmnts/Originally Confirmed Assmntes Modified
643-130-66 S3,713.99 S3.363.OO
643-130-67 $3.713.99 83.363.00
643-130-68 S3,713.99 S3,363.OO
643-131-O1 $3,713.99 $3,363.00
643-131-O2 S3,713.99 $3,363.00
643-131-03 $3,713.99 $3,363.00
643-131-O4 $3,713.99 $3.363.00
643-131-05 $3,713.99 $3,363.00
643-131-O6 $3,713.99 $3.363.00
643-131-O7 $3.713.99 $3,363.00
643-131-08 S3,713.99 $3,363.00
643-131-09 $3,713.99 $3,363.00
643-131-10 $3,713.99 13,363.O0
643-131-11 $3,713.99 $3,363.00
643-131-12 $3,713.99 $3.363.00
643-131-13 $3,713.99 $3,363.00
643-131-14 $3,713.99 $3.363.00
643-131-15 $3,713.99 $3,363.00
643-131-16 $3,713.99 $3,363.00
643-131-17 $3.713.99 $3,363.00
643-131-t8 $3.713.99 $3,363.00
643-131-19 $3,713.99 $3,363.00
643-131-20 $3.713.99 63.363.00
643-131-21 $3,713.99 $3,363.00
643-131-22 $3,713.99 S3,363.O0
643-131-23 $3,713.99 $3.363.00
643-131-24 $3.713.99 S3,363.OO
643-131-25 $3.713.99 S3.363.00
643-131-26 $3.713.99 $3,363.00
643-131-27 $3,713.99 $3.363.00
643-131-28 $11,141.97 $10.O89.OO
R15 643-140-O1 S3,713.99 $3,363.00
643-140-02 $3.713.99 $3,363.00
643-140-03 $3,713.99 93,363.00
Resolution 18379
Page 11
APN Item NO Assmnts/Orlginally Confirmed Assrant as Modified
643-140-04 83,713.99 $3,363.00
643-140-05 $3,713.99 $3,363.00
643-140-06 $3,713.99 $3.363.00
643-140-07 $3.713.99 $3,363.00
643-140-08 $3.713.99 S3.363.00
643-140-09 $3,713.99 $3,363.00
643-140-10 $3,713.99 $3.363.00
643-140-11 $3,713.99 $3.363.00
643-140-12 $3,713.99 $3,363.00
643-140-13 $3,713.99 $3,363.00
643-140-14 $3,713.99 $3,363.00
643-140-i5 $3.713.99 $3.363.00
643-140-16 $3,713.99 $3,363.0e
643-140-17 s3.713.99 $3,363.00
643-140.18 $3,713.99 $3.363.00
643-140-19 s3,713.99 $3,363.00
643-140-20 $3.713.99 $3,363.00
643-140-21 $3,713,99 $3.363.00
643-140-22 $3.713.99 $3,363.00
643-140-23 s3,713.99 $3.363.00
643-140-24 $3.713.99 $3,363.00
643-140-25 $3,713.99 $3,363.00
643-140-26 $3.713.99 $3,363.00
643-140-27 $3,713.99 $3,363.00
643-t40-28 $3,713.99 $3,363.00
643-140-29 $3.713.99 $3,363.00
643-140-30 $3,713.99 $3,363.00
643-140-31 $3,713.99 $3,363.00
643-140-32 $3.713.99 $3,363.00
643-140-33 $3,713.99 $3,363.00
643-140-34 $3.713.99 $3,363.00
643-141-01 $3.713.99 $3,363.00
643-141-02 $3,713.99 $3,363.00
643-141-03 $3,713.99 $3,363.00
Resolution 18379
Page 12
APN item No Assmnts/Originally Confirmed Assmntas Modified
643-141-04 $3.713.99 $3,363.00
643-141-05 $3,713.99 $3,363.00
643-141-06 $3,713.99 13,363.00
643-141-O7 $3.713.99 $3.363.00
643-141-O8 $3.713.99 $3,363.00
643-141-O9 S3,713.99 13,363.00
643-141-10 $3,713.99 $3,363.00
643-141-11 t3.713.99 $3.363.00
643-141-12 $3,713.99 $3.363.00
643-141-13 $3.713.99 $3.363.00
643-141-14 $3.713.99 $3.363.00
643-141-15 $3,713.99 $3,363.00
643-141-16 $3,713.99 $3.363.00
643-141-17 $3,713.99 $3,363.00
643-141-18 $3,713.99 $3,363.00
643-141-19 $3,713.99 $3,363.O0
643-141-20 $3,713.99 $3,363.00
643-141-21 $3,713.99 $3,363.00
643-141-22 S3.713.99 $3,363.00
643-141-23 $3.713.99 $3,363.00
643-141-24 $3,713.99 $3,363.00
643-141-25 $3,713.99 $3.363.00
643-141-26 $3.713.99 $3,363.00
643-141-27 $3,713.99 $3,363.00
643-141-28 $3,713.99 $3,363.00
643-141-29 $3.713.99 $3,363.00
643-141-30 $3,713.99 $3,363.00
Golf Course
TOTAL $7,464,474.54 S5,299,954.48
Resolution 18379
Page 13
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of August, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Padilia
ABSTAIN: Councilmembers: None
'St~i~le2~/Horton, Ma~/or
ATTEST:
Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18379 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 6th day of August,
1996.
Executed this 6th day of August, 1996.
Beverly A(Authelet, City Clerk
!lr