HomeMy WebLinkAbout2013/11/05 Item 18 �.-:; -
- --,¢- ��.'� CITY COUNCIL
� ' -�a AGENDA STATEMENT
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— � �� �� CITY OF
CHUtA VISfA
11/0�/13, Item �g
ITED? TITLE: RESOLUTIOI`' OF THE CITY COLJNCIL OF THE CITY OF
CHULA VISTA REVISIi`'G COiT,�'CIL POLICY �OS-01:
FORiy1ATION OF ASSESSMEI�TT DISTRICTS � R�ZTH CITI'
PARTICIPATION FOR CONSTRUCTIOAI. OF IIvFILL STREET
IMPROVEMENTS
ORDINANCE OF THE CITY OF CHULA VISTA AI�4ENDII�'G
CHULA VISTA MUATICIPAL CODE SECTIOi�i 12.24.130
RELATII�'G TO THE INSTALLATION OF PUBLtC
IMPROVEMENTS -DEFERRAL OF UIREMENTS
SUBDIITTED BP: DIRECTOR OF PUBLIC �'�'ORKS �
ASSISTANT DIRECTO OF ENGII� rG �/ K�
(/�'
REVIENED BY: CITY MANAGER
ASSISTA\'T CITY A\'AGEI�
4hTHS VOTE: YES � NO �
SU1'IDIARY
The orieinal policy for City financial participation in Assessment District proceedines was
adopted in Au2ust 1983. On January 27; 2004, Council adopted a ne��� policy for the formation
of Assessment Districu �eith Cin� participation based on Federal funding for the construction of
improvements in the Castle Pazk azea. Since these funds have been exhausted; it is proposed that
the City revise the policv again to reflect pre��ious levels of funding. -
E\�'IRONA�NTAL REVIE�i'
The Development Sen�ices Director has reviewed the proposed activiry for compliaoce with the
Califomia Environmental Quality Act (CEQA) and has determined that the activiry is not a
"Projecr' as defined under Section 1�378 of the State CEQA Guidelines because the activity
consists of a govemmental administrative/ fiscal activity which at this time does not invoh e an��
commitment to any specific project �i�hich may result in a potentiall}' significant physical impact
on the environment. Therefore; pursuant to Section 1�060 (c)(3) of the State CEQA Guidelines.
the activity is not subject to CEQA. Thus, no further environmental review is required. Althoueh
en��ironmental review is not required for this administrati�e acti��ity; once the scope of an
individual construction project proposed to be funded has been more specificali} defined;
en��ironmental re��ie�v will be required and the appropriate environmental determination will be
made.
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11/0�/13, Item � �
Page 2 of 4
RECOMMENDATION
Counciladopttheresolutionand place the ordinance on first reading.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Background
The City originally adopted Council Policy 505-01, Participation by the City of Chula Vista in
1911 Block Act Program Proceedings, by Resolution No. 11373 on August 30, 1983
(Attachment 1). This policy discussed the financial contribufion of the City in the formation of
Assessment Districts using the 19ll Block Act (Division 7, Chapter 27 of the California Streets
and Highways Code) for the construction of infill street improvements. This policy required the
City to pay for all the design, inspection and administrative costs associated N�ith installing infill
street improvements. Additionally, the City would be responsible to pay for the cost to relocate
all existing public improvements and overlay or reconstruct the existing paved roadway where
necessary. The City would also be responsible to pay for half the cost of all improvements on a
corner lot's side frontage. The property owners would be responsible to pay all other
construction costs, including additional pavement; curb, gutter and sidewalk; driveway aprons
and streetlights.
On January 27, 2004, Council subsequently adopted Resolution No. 2004-031, which rescinded
the existing Council Policy and replaced it with a new policy on Assessment District financing
(Attachment 2). The Castle Park Neighborhood Revitalization Program was the main impetus to
revise the policy at that time. A low interest loan for $9.5 million was obtained through the U.S.
Department of Housing and Urban Development for this program. These funds were earmarked
for the construction of street improvements, including curb, gutter and sidewalk, through the
formation of assessment districts in the Castle Park area.of southwestern Chula Vista.
Due to the large amount of financing provided by this program, it was decided that the City
would provide funding for a larger percentage of improvements than included in the original
program. The property owners would only need to pay for tl�e construction cost associated with
the driveway aprons and the City would pay all other conatruction costs, as well as all the design
and other staff costs. This program proved to be popular, and the City was able to form
assessment districts and construct improvements for the following 10 streets in the Castle Park
area: Alpine Avenue, Del Mar Avenue, Dixon Drive, Elm Street, First Avenue, Glenhaven Way,
Naples Street; Oxford Street, Second Avenue and Tobias Drive.
In the process of revising the assessment district process to address the new finaucing available;
several other changes were made to the policy. This included clarification on the treatment of
property owners who had acquired a defenal for the construction of missing improvements. The
two methods of security included at the time were a lien and a cash deposit. Additionally, with
the passage of Proposition 218, the use of the Improvement Act of 1911 has become more
difficult and time consuming. The changes to the Municipal Code allowed the Ciry to use the
process outlined in the Municipal Improvement Act of 1913 inslead. The advantages of the 1913
Act include the elimination of a second public hearing if the construction cost does not exceed
the Engineer's Report and the ability to include annual administrative costs in the assessment.
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11/0�/13, Item ��
Page 3 of 4
An additional rer•ision ���as made on Januarv 24, 2012; that affects the grantine of deferrals and
the assessment district process (Attachment 3). On that date, Council held the first reading of
Ordinance 2012-3223; Amending Title 12.24 of the Municipal Code Relating to the Thresholds
for the Installation of Public Improvements. This ordinance increased the threshold for
construction of missing impro��ements from $20,000 to $�0,000; with automatic annual
adjustments based on the Buildine Cost Index startine in October 2012. If a deferral is obtained;
the methods of providing security �vere expanded to include a bond or letter of credit; as well as
a cash deposit or lien.
Additionalh�. Resolution No. 2012-00� «°as adopted; ��-hich amended Council Policy No. �63-02;
"On-sice Improvement Activity to TriQger Installation Of Public Improvements- . This polic�
re��ised the thresholds for trigeerine the installation of public improvements and the grantine of
deferrals. It eliminates the construction of improvements as a requirement for remodeling,
additions; and the construction of a 2azaee or accessory structure for a sinele-family home. The
former version required construction of impro��ements for certain home additions. It also
requires these homeo��mers to sign an Aereement not to Contest Future Assessment District.
Proposed Revisions
At this time, the funds acquired for the Castle Park Neighborhood Revitalization Proeram have
been depleted. Since dedicated funds are no loneer available for construction of impro��emenu
included in assessment districu, it is proposed that the policy be revised to reflect the pre��ious
level of funding. The up2raded le�el of fundine ���as only available to public sueets (not alleys)
located «°ith the Castle Park azea. The ne�a policy (Attachment 4) will apply to the entire Cin�.
The ne«� laneuaee incorporates both the financine methodoloe�� induded in the orieinal policy
and the revisions in the 2004 policy.
One chan2e is recommended to Title 12.24 of the Municipal Code. As previously mentioned,
this section was amended to add a bond or letter of credit to the acceptable methods of providing
security. These methods are generally acceptable for shoR-term security, as they eenerally have
expiration dates and reeular pay�nenu aze required to keep them in force. Ho���ever, defenals aze
frequently in place for 20 yeazs or more Durine that period of time, it is expected that the letters
of credit or bonds �+ould ha�e expired, and ownership may ha��e chaneed. These documenu
«ould be difficult to maintain and enforce over the lon2 term.
There mav be certain isolated instances ���here the use of bonds or letters of credit ma�� be
appropriate. For instance; there mav be a limited number of property o��mers on a block; and the
redevelopment of the remainine parcels may be anticipated �i�ithin a short period of time. In this
case. it is recommended that altemative types of security be considered for approval by Council
on a case-by-case basis.
DECISION 1'IAKER CONFLICT
Staff has revie�eed the decision contemplated by this action and has determined that it is not site
specific and consequentl}�, the �00-foot rule found in Califomia Code of ReQulations section
1970�.2 (a)(1) is not applicable to this decision. Staff is not independentl}� a���aze; nor has staff
been informed by an}� City Councilmember; of any other fact that may constitute a basis for a
decision maker conflict of interest in this matter.
18-3
11/OS/13, Item �p
Page 4 of 4
CURRENT YEAR FISCAL IMPACT
There is no direct impact to the General Fund or any other funding source for this project.
ONGOING FISCAL IMPACT
There is no direct impact to the Geueral Fund or any other funding source for this project.
However, since the City's level of funding for Assessment Districts will be lower under this new
policy, this item will indirectly have a positive impact on the City's Capital Improvement Project
budget.
ATTACHMENTS
1. Resolution No. 11373
2. January 27; 2004 Council Agenda Statement with Resolution No. 2004-031, Ordinance
No. 29�2
3. January 24, 2012 Council Agenda Statement with Resolution No. 2012-005, Ordinance
No. 2012-3223
4. Council Policy 505-01 revised
Prepared by.' Eli=abeth A4. Chopp. Senior Crvi!Engineer, PubGc Works�epurnnent
1:\EngineerWGENDA\CAS2013\I I-OS-13\REPORT-PW-Assessment District Policy Revision rev2.doc
18-4
RESOLUTION NO. 2013-
RESOLUTION OF THE CITY COUI�CIL OF THE CITY OF
CHtiLA VISTA REVISI\'G COL��CIL POLICY �OS-01:
FOR'�LATIO\ OF ASSESSA4ENT DISTRICTS �YZTH CITY
PARTICIPATIO\' FOR CONSTRUCTION OF INFILL STREET
In4PROVEME\TS
WHEREAS; the original ��ersion of Council Policy �0�-01; Participation by the Citv of
Chula Vista in 1911 Block Act Program Proceedings, was adopted by Resolution ] li73 on
Aueust 30. 1983: and
��'HERE.AS; this policy required the City to pa}� for all desi�, inspection and
administrative costs, as ���ell as costs to relocate ezisting utilities, resurface the existing paved
road�vav; and construct improvements along the side of comer properties. The property otimers
would be responsible to pay other construction costs; and
\'�'HEREAS; on Januan� 27, 2004; Council subsequently adopted Resolution 200�-031,
which replaced the existing Council Polic�� to account for funding provided by the Western
Chula Vista Infrastructure Financine Program. The new policy included the payment of
additional construction costs by the City for properties within the Castle Park azea and allo„�ed
for the use of the Assessment District process outlined in the Municipal Improvement Act of
1913: and
R'HERE.AS, the funds in the Chula Vista Infrastructure Financing proeram have been
exhausted and the Cim needs to revert back to the previous level of fundine bv the Citv.
\TOV��, THEREFORE, BE IT RESOLVED that the Cit�� Council of the Citv of Chula
Vista does herebv revise Council Polic�� �0�-01: Formation of Assessment Districts with Cit��
participation for Construction of Infill Street Improvements (Exhibit A).
Presented by: Approved as to form b��:
� � I
` /�
Richard A. Hopkins Glen R. Gooeins ' ' ��L �9'1
D'uector of Public V�rorks Citv Attomev D �
Eshibit A: Revised Council Policv 50�-01
J:4lttomev�FINAL RESOS AND ORDI�A\CES�?013U 1 OS GUtESO-P\�'-ASSessment Disaict Policv Re��ision.doc
10/31/2013 122i PD9
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I
��� ����' � -.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: FORM4TION OF ASS�SSMENT NUMBER EFFECTIVE
DISTRICTS �'�`TTH CITY PARTICIPATION FOR DAT� PAGE
CONSTRUCTION OF INFILL STREET �05-01 1 OF >
IA4PR0��En�IENTS
ADOPTED BY: Resolution No. 11373 (S/30/33) DATED:
AA4ENDED BY:- Resolution No. 2004-031 (1/27/04);
BACKGROUND
There are many properties ��ithin the western area ofthe City of Chula Vista(particularly in the t�9ontgomeiy
area)that do not have full street improvements. Council adopted Council Policy No. 505-01 by Resolution
No. 11373 on Au�ust 30, 1983 to provide guidelines for the City's financial participation in Assessment
District formation under the 1911 Qlock Ac[ Program. These guidelines addressed certain financial issues,
however, over time questions arose renarding district administration that we�e no[ addressed by this policy.
These issues include the acquisition of ri�ht-of-way and tl�e application of deferral payments and agreements
made for the construction of street improvements.
Additionallv, changes in assessment law since 1983 have affected the establishment of these districts. The
process of fonning Assessment Districts under the 1911 Block Act has become more cumbersome since the
passaee of Proposition 218. The 1983 policy stated that there would be no City contribution towards the
construction of improvements adjacent to undeveloped or commercial/industrial lots. The necessity of treating
all properties in a district in accordance with Proposition 218 requires reconsideration of these issues.
These issues were addressed as parf of the policy revision approved by Council on January 27,2004 by
Resolution No. 2004-031. This revision was also necessitated by die adoption of a new program for the
financing of infill street improvements in the Montgomery area called the CDBG Street Rehabilitation
Program. Under this program, the City financed all construction and design costs for infill street
improvements except for the construc[ion of driveway aprons. All the funds for this program have been used,
and it is anticipated that simitar funding�aill not be available in the near future. Therefore, the policy needs to
be revised in order to retlect the previous financin�methodology.
PURPOSE
To revise the existine City policy on establishment of Assessment Districts for the construction of infill street
improvements.
POLICY
The City Council establishes the followin�policy for City participation in the establishment of Assessment
Districts for the construction of infill street improvements:
1. �neral Pr�r �1P iirP.
a. Assessment Districts for the construction of infill street improvements will be formed ��ith the
participation of the City usin�either the Improvement Act of 1911 as enacted and amended in
the California Streets and Hiehways Code (particularly Chapter 27 thereof, commonly referred
to as"The Qlock.Acr')or the Municipal Improvement Act of 1913 (Division 12 of the
Califomia Streets and Hiehwa��s Code)as amended by City ordinances. The assessment
ballotine process shall be conducted in accordance with ChapYer XIIID of the California
Constitution (Proposition 218)or applicable State law.
cou�cu. PoLicl°
CITI' OF CHLZa ��ZST�
SUBJECT: FOR��Z�.TIOiv OF aSSESSn�\rI' POLICI� EFFECTP%E
DISTRICTS «TTH CITl� P_�.RTICIPATIO\ FOR �ti'��ER D:�TE P�GE
CONSTRUCTION OF L1'FILL STREET
IAIPROV�A�IENTS �0>-Ol 2 OF >
ADOPTED BI': Resolution No. 11373 (8/30/33) D?,TED:
ADIENDEDBY: ResolutionNo. 200�-031 (1/Zi/0�);
b. Where a minimal number of propeity ow�ners in a bbck have infill street improvements and it
would be impractical to form an Assessment District Council may authorize the Citv to enter
in[o a reimbursement aareemeni w�ith an individual property oti�ner for the financino of the
propem•ou-ners share of conshuc[ion costs in accordance with Chula Vista �1unicipal Code
Chapter 1�.�0. Said aareement shall be for a maximum term of tzn �•ears.
?_ niciriri('mm��citinn� _
a. A District is comprised of both sides of a public street bent�een tv.•o intersections, where both
sides of the public street do not have full improvemenis(includino curbs; �utters and
sidewall:s). .A public street shall be defined as right-of-way dedicated to and accepted by the
City as a public road�+-ay, ordedicated to another public agency as a public roadway and
acquired by the Cih-, which provides primary access to adjoining properties.
b. Where full improvements have already been constructed on one side of a public street, a
District will be comprised of that side of such public street bet��een intersections on which
full improvements have not been constructed.
c. At the option of Council and if propem�ow�ners indicate such an inrerest, the District ma��
include additional contisuous blocks in the District.in confo�mance with 2a. and 2b. above.
d. Cih�participation in District formation in areas with a primary land use desianation as
commercial and/or industrial shall be limited to the overlav or reconstruciion of existing
road�•av travel areas, with the e�:ception of occasional commercial properties(such as comer
lots) located in areas primarih�classified as residential. In the latter instance,such
commercial properties shall be treated in the same way as adjoinine residential properties.
e., The City shall not participate in the fortnation of a District for a block���hich is primarily
undeveloped. �'��here i;olated undeveloped properties are located in a block which is
othen+�ise developed, the City will provide the same benetits provided to developed lots if
aereement can be reached with the owner of such undeveloped propem��ahich will include the
location and width of driveways. If agreement is not reached, the City shall construct
pavement to the width where the curb and gutter would have been constructed, but install an
asphalt berm in placz of curb, gutter and sidewalk.
E The City shall not participate in Disirict formatioqfor improvements to pm�ate streets.
o. The Citv's financial participation in District formation for impro��ements to public alleys shall
be limitzd to utiliry relxation; replacement of eristing improvement; and all engineerins
inspection and administrative services. Public alleys are dzfined as rieht-of-u•aY dedicated to
or accepted by the Cin�as a public roadw•ay, or dedicated to anothzr public aoenc}•and
arrniiraA hv the(�.itv �vhich ar.nr.ralh�nrnviriec cernn�iarv arcecc in ihr.ariininino nrnnPrtirc
18-7
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: FORNLaTION OF . ASSESSD4�NT pOLICY EFFECTIVE
DISTRICTS «'ITH CITY PARTICIPATION FOR NUMB�R DATE. PAGE
CONSTRUCTION OF INFILL STREET 50S-01 3 OF 5
IMPROVERIENTS
ADOPTED BY: Resolution No. 11373 (8/30/3,) DATED:
AMENDED BI': Resolution No. 2004-031 (1/27/04);
alons the sides or rear of such properYies.
3. Riaht�f l�%av I;cne¢�
a. It is desirable for the City to have the standard �6 feet width right of way for construction of
full street impro��ements on both sides of a two-way street; however, at the sole discretion of
the Cirv Manaeer (or designee), the acceptable right of way width for construction of sheet
improvements may be reduced on a project—by—project basis to a minimum of 46 feet.
b. If existin� street right is less than 46 feet, right of way acquisition will be required. Property
owners within the proposed District boundaries must unanimously agree to dedicate sufficient
right of way to meet this requirement to the City at no cost to the City in order for District
formation to proceed. The City will not pay for right of way acquisition or undertake
condemnation proceedin�s under this policy.
4. D f�, Prrals
In accordance v✓ith �lunicipal Code Sections 12.24.040 through 12.24.130,_property owners who
construct improvements on their properties above a specific value are required to construct infill
street improvements. They may apply for a deferral ai constructing such improvements based on
the existin�conditions of the sunoundin� area. If the deferral application is approved, the
property owner must sign an agreement with the City, which is secured throueh a lien on the
property, by paymen[ of a cash deposit a other method approved by Council on an indi��idual
basis.
a. If the deferral is secured by a lien, the lien or portion of the lien associated with the deferral of
construction of infill street improvements to be installed and financed through an Assessment
District will be released afYer formation of such District including such property has been
accepted as complete by the Ciry Council and/or City Manager. This property will be
assessed for the special benefit received by such property from the improvemen[s to be
financed through the new District in accordance with applicable sections of the California
Streets and Highways Code.
b. If the deferral is secured by a cash bond covering the cost of curb, gutter and sidewalk, such
bond plu, the interest that has or should have accumulated since the date of payment will be
applied as a credit to be subtracted from Che portion of District costs allocated to the property.
This will only app�y to the amount paid to cover the cost of the portion of the public street or
public alley to be installed and financed through the District.
c. After formation of the District and construction of all facilities is complete, it will be
determined if the current owners of the properties with cash bond dePerrals are eli�ible to
receive refiin�ic ThP.nnitinn nf thP.rach hnnA accn�ialaA with infill imnrnvr.inPnrc fnr the
� 8-8
COUNCII,POLICY
CITl' OF CHUL?, �ZST?.
SLBJECT: FOR1�Z�,TION OF �SSESSntENT POLICI' EFFECTIVE
DISTRICTS ��ITH CITI' P.4RTICIP?,TTON FOR �ti��ER D:�T� PaGE
CO\STRUCTION OF I?��PILL STREET
In•IPROV�n�LENTS �0�-01 4 OF �
:1DOPTED BI': Resolution No. 11373 (S/30/33) DATED:
�T1E\�ED BY: Resolution No. 2004-031 (1/27/0�);
street or allev installed and financed throueh the District �vill be detertnined and added to the
interest which the Ciry has or would have eamed on this amount from the quarter when the
deposit was made to[he quarter when the construction contract w�as awarded. The amount
payable by the property owner under the District u�ill be subtracted from the cash bond plus
interest. If the resulting difference is positive, such difference shall be refunded to the
propem� o�aners.
d. Should the provisions of Section �, Deferratc conflict with the provisions of a Deferral
Aareement properh�executed by the Cirv desienee and the propem•owner prior to approval of
this Council Policy, the Deferral A�reement will go�-ern.
j. ('nctnmarv Financial Partici�atinn in Accrccment I�ictricr Finanrina
The follow�ine shall be the policy for Cirv and propem-o��-ner participation for areas that qualify
for City participation in Assessment District formation:
a. The City will pay for the followin¢costs for non-corner lots throuah the City`s Capital
Improvement Program:
i. All en�ineerino, inspection and administrative services necessary to form the
Assessment District and desien and construct the improvements;
ii. Relocation of all public impro��ements found to be in conflict with the proposed street
improvement construction. Such conflicting improvements shall include, but not be
limited to: street lights traffic sisnal standards; draina�e structures; fire hydrants,
other utilities, e[c.; �
iii. Resurfacing and/or reconstruction of the existin� paved roadway w�here needed;
iv. Replacement of private improvements outside the existine public road rightof-w�av
b. The property ow�ner will pay for the following costs for non-corner lots:
i. All construction costs not itemized in 6a. above includino; but not limited to, curb;
Qutter and sidewalk, drivew•ay aprons, and additional paved surfaces;
ii. Repair or replacement and relocation of eaisting private improvements eneroachin�on
the existino road rieht-of-wav
c. For comer properties where both sides of the propem� are missin�full street impro��ements,
the followins improvements u�ill be paid by ihe Cirv in addi[ion to the items listed in 6a.
above. Note tha[the frontlot line shall be defined as the shorter of the two adjacent street lot
lines and the side lot line shall be defined as the lonser of the two.
i. Curb, eutter and sidewalk, pedestrian ramp and pavement Iceated between the curb
return at the front lot line and [he curb retum at the side lot line
ii. Curb, gutter and sidewalk and pavement locared along half the parcel's side lot lenoth
d. For dual frontaee lots where both sides of the propem• are missine full street improvements;
the fnllnwino imnrnvrmrnt< �vill he nairi hv ihr. (�.itv in arl�litinn in the itr.mc liciP�l in Fa
� 8-9
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: FORIVIATION OF ASS�SSM�NT pOLICY EFFECTIV�
DISTRICTS «ZTH CITY P_ARTICIPATION FOR NUMBER DAT� P�1GE
CONSTRUCTION OF INFILL STREET �OS-01 � OF �
I1�ZPROVEA�fENTS
�1DOPTED BY: Resolution No. 11373 (8/30/33) DATED:
.�U�7ENDED BY: Resolution No. 2004-031 (1/27/04);
above. The property owner is responsible for paying cos[s itemized in 6b. for the front side.
Dual frontage lots are defined as lots having frontage on two parallel or approximately parallel
streets, one of which may be a public alley:
i. Install pavement(if non-existent) for the roadway adjacent to fhe parcel's entire rear
lot line;
ii. Resurface and/or reconstruct the roadway adjacenfto the parcel's entire rear lot
frontage if needed.
6. Pm��ertv n��,nPr 1=inan�ina
At the discretion of Council, City may offer financing of the property owners' share at a maximmn
of seven percent interest for a maximum period of ten years, for Assessment Districu formed
under either the 191 1 Qlocl<Act or the Municipal Improvement Act of 1913. Based on the amount
to be financed in a particular District and the prevailing interesf rate offered by lendin� institutions
and City rate of return on investment,the City may decide to offer, with Council approval; a lower
interest rate and/or a shorter maximum repayment period.
J:�Engineer�.4GENDA\CAS2013\Oi-16-13WSSESSMENT DISTRICT COUNCIL POLICY.doc
18-10
ORDII�?ANCE
ORDIi�tAi�'CE OF THE CITY COUICIL OF THE CITY
OF CHULA VISTA .A_ME\�DI�G CHliLA VISTA
D4U\ICIPAL CODE SECTIO\ 12.24.130 RELATING
TO THE INSTALLATION OF PUBLIC
IMPROVED�NTS —DEFERRAL OF REQliIREME\iTS
W7-IEREAS, Council last revised Chapter 12.24 of the A4unicipal Code on
February 14; 2012, throueh the second reading of Ordinance No. 3223, and
WHEREAS, on November �, 2013, Council is considerins a resolution to re��ise
Council Polic�� i0�-01: Formation of Assessment Districts with Cit�� Participation for
Construction of Infill Sveet Improvements. This revision is necessary due to chanses in
available financing. The administration of deferrals is an important-consideration in the
formation of assessment districts: and
V�'HEREAS, ceRain minor changes need to be made to the deferral process in
order to unprove the assessment district implementation and administration process. A
minor change needs to be made to Municipal Code Section 12.24.130 in order to
maintain consistency with Council Polic�� �0�-01.
\'O�t%, THEREFORE, the Ciri- Council of the Cin� of Chula Vista does hereby
ordain as follo��=s:
SECTION I. CHULA VISTA MUl�'ICIPAL CODE
� That Chula Vista Municipal Code Section 12.24.130 shall be amended to read as follows:
12.24.130 Installation of public improvements—Deferral of requirements.
A. In the erent that the installation of all or any of the improvements required b�� CVMC
12?�.040 ���ouid; if presently installed; create a hazardous or defective condition or be
impractical, or if said installation of any or ail of said improvements would be
incompatible with the present development of the neighborhood or be impractical or
premarure because of the existing co�dition of the surrounding propem�, or that it ���ould
be desuable to install said improvements as a pan of the overall plan for the development
of public unprovements in a cenain azea; the propem o«ner or his aeent may apply to
the Ciq� Engineer for a deferral of the requirements of this chapter; statine the grounds
and reasons therefor.
B. If the Citv Engioeer, at his discretio�, feels that such grounds or exceptions are
reasonable and that the requested deferral should be eranted; the City Eneineer may defer
imposition of the requirements of this chapter on such applicant, subject to the conditions
set forth herein.
J:Wttome.��FI�Al,RESOS?.\D ORDI�ANCES�2013U 1 OS 13\ORD-PU'-Seccion 12 A1unicodeRE\'2.doc
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� 8—� �
Ordinance A'o. 3264
Pase 2
L Tbe applicant shall execute a defenal agreement through which the applicant
acknowledges his obli�ation to install the improvements at such time as requested
by the City Engineer and agrees not to protest the formation of an assessment
district or similar mechanism intended to finance the improvements.
2. The applicant for a deferral of such improvements shall pay a fee as presently
designated, or as may be in the future amended, in the master fee schedule to cover
investigation and processing of such requests.
3. The applicant oNmer shall provide tbe City witl� security equal to the estimated
cost of the impro��ements, as approved by the Ciry Engineer, plus 10 perceot of
such cost. The security shall be in the form of a cash deposit, a lien on the subject
parcel, or other form individually approved by the City..
a. A lien shall also provide for reasonable attorney fees and costs in the event
that it becomes necessazy for the City to foreclose upon such lien.
b. The deferral agreement required in subsection (B)(1) of this section shall
stipulate that should said lien be extinguished by foreclosure of prior liens or
otherwise, the improvements may be installed or provided by the City and the
cost thereof becoines a lien against said property.
c. The denial of a request for a deferral of public improvements may be
appealed to the City Council in the same manner as provided for appeal of
requests for waiver of public improvements, as set forth in CVMC 12.24.110.
(Ord. 322.i § l, 2012).
SECTION II. EFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
final adoption.
SECTION III. PUBLICATION �
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted acording to ]aw.
Presented by Approved as to form by
� �
Richazd A. Hopkins Glen R. Googins � G(t�Gt•L�/1
Director of Public Works City Attomey
S:�Attornep�FINAL RESOS AA'D ORDINANCES�2013U1 0� 13VORD-PW-Section 12 MunicodeREV3.doc
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� 8-� 2
. . .. �
: . ' . . . F,?'f�RCF�diENT /� � � .
� � � . _� .. •' f2ESOLUTION; N0. �11373 - . � � ' .
• ' " RESOLUTION.OF THE CISY COUNCIL OF. THE' CITY OF CHULA
� � . ' VISTA �AbOPTING COUNCIL POLICY FOR CITY� PARTICIPATION � .
IN 1911 .BLOCK ACT 'PROGRAM PROCEEDINGS
� . .The� City Council of the City of Chula Vista does hereby'.�
. resolve as follows :
' ' WHER6AS,. at. tti'e meeting of. June. 21, 1983, the. .City � ' '
Council directed staff .to develop a policy for City participation ' •
.:in the 'construcEion of 'improvements via 1911 Block. Act proceed- - ' .
. ings, and •. , • . '. ' '. . ' . .
- [VtiEREAS, a particular concern of Council was the ques-
tion of City, assistance in - the .improvement'of corner lots, and . �.
WHEREAS, staff has. studiedythe, problem and recommended
City participation_ in ttie construction of :{improvements in certain.
'instances. � . � . ' , . ,
' . ' . � . : , ir , . . ' -� ' � - . - � ' . - ' .
NOW; THEREFORE, BE 'IT ftESOLVED that the Cit�y;Council . of .' _ _
the. City, of 'Chula• Vista ,does'•heieby .adopt the recommended policy. ,' � . ,_�
entitled "Participation 'by the Gity of Chula Vista in 1911 Block• :� + � . •
Act .Program �Proceedings"; attached hereto �as� Exhibit "A", and •- '
incorporated :herein by Yeference as � if set:l.forth�.in full .
Presen;tec] by . . Approved as to y form by. .
� ' • . -:., ',^� i.i- .
� � O� - ` „L, � � i��:,>' . . ... ,z �;:.�... • � • . .
� ��� 'i�� 9f.T�s .y . �.yr ?VR'J I;.. ..j!
]_ �'' r iy:��a. ,;�Y. ��n�.�' ��lra?yr�;.:.Te'p:=
`J n .P: Lippitt, C ty � t�homas J. Harron, Acting City �
ngineer . " , Attorney . . . •
. � ' . y•� • . . . . � . . .. ' . . .
. . • . .., . ' . . ...\ . . . .. . .. ' ' .
: . .� . . . 18-13 � . " . ..
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ihis '30th . day of � August ,
19 83 , by the following vote, to—wit:
AYES ` Councilmen Scott, Malcolm, Cox, Moore, McCandliss
NAYES� Councifinen �one
ABSTAIN: Coimcilmen None
ABSENT: Councilmen None
i�'
Mc�r ihe Cdy of Chula Vista
AT TE
City lerk
STATE OF CALIFORNIA )
COUNTY OF SAN QIEGO ) ss.
CITY OF CHULA VISTA )
!, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Visto, Californio,
DO HEREBY CERTIFY that the above. ond foregang is a full, true and correct copy of
RESOLUTION N0. 1�3�3 �and fhat ihe same has not been amendedor repealed.
DATED ,
(seal) City Clerk
CC-660 18-14
� ,:.:
; .,.
� `- TABLE "A" '
INDIVIDUAL CATEGQRI�S '
SUhii�?,RY Of DATA.:
Category Sidewalk Curb PavemeRt Driveways Cost .
L.F. L.F. L.F. L.F.
A-1 7083 --- --- 642 $ 98,16�.50
A-2 1534 1589 --- 188 48,650.00
A-3 2863 2263 3070 207 130,992.�0
�A-5 --- 100 --- --- 1 ,500.00
C-1 589 --- --- 16�i 7,60?.50
C-3 1513 1513 1641 244 73,542.50
D-1 15476 --- --- 1243 212,095.00
D-2 5850 5535 --- 472 . 17i ,06u.00
D-3 37130 37130 39280 2211 1 ,676,605.00
E-1 78 --- --- � - 42 1 ,605.00
E-2 1045 1045 --- --- 28,737.50
E-3 4535 4585 4836 251 206,15'/.50
F-1 1277 --- --- 399 21 ,947.50
F-2 830 883 --- 50 25,92(i.00
f=3 12409 12409 13790 1346 590,12i.50
G-1 950 --- --- --- 11 ,875.00
G-3 593i 5931 6059 128 257,82;.50
H-1 24063 1072* --- 2084 332,047.50
H-2 200 200 --- 69 7,57C�.00
H-3 2160 2160 2304 144 98,280.00
TOTALS 125,684 , 76,058 70,9E0 9736 4,002,31Q.00
*PJot included in totals - existing rolled curb
Legend for Cateeories:
A. 1911 Block Act - both street and property in the City.
B, 1911 Block Act - prooerty in the City, street isn't.
/
C. 1911 Block .4ct - street in the City, property isn't.
D. 1911 Act District - both street and property in the City.
E. 1911 ",ct District - property in the City, street isn't .
F. 1911 Hct District - street in the City, property isn 't.
G. City owned property needing improvements.
H. Original Subdivision did not require improvements to be installed.
-1 Side�•:alk and drivet•�ay aoron (some cases) required.
-2 Curb, sidewalk and drivetyay (some cases) required.
-3 Curb, side�•ialY., pavement and drive�aay (some cases) required.
-4 Lurb, pavement and drive��ay (some cases) reGuired.
-5 Lurb only reGuired.
Example: A-1 - 1911 Block Act - both street and property in City; sidewalk and
and driveway apron (some cases) required.
i
- �/�C-�I5 3�7 � .. . . . ..._ _
' � '� /
�1J - 'f
TABLE "8" ,
GROUP CATE60Ri DATA
GROUP NUhiBER QF % Of TOTAL % OF TOTAL COST Of % dF TOTAL
CATE60RY PARCELS PARCELS IP� UNIh9PROVED IMPROUEMENTS COST OF �
C.V. PARCELS IMPRQVEMENTS
A 105 .46% 10.2% $ 279,310.00 7.0%
C 23 .]0% 2.2% 81 ,145.00 2.0% .
D 314 1 .38b 30.5% 2,059,760.00 51 .5%
E 29 .13% 2.8% 236,5Q0.00 5.9b
F 106 .47w 10.3X 637,995.00 15.9%
G 3 .Ol°� .3% 269,702.50 6.70
H 450 1 .98A 43.7% 437 ,897.50 ii .0`�'�
TOTAL 1030 4.53ry 100.0% 34,002,310.00 100.0%
Total Assessors Parcels in City of Chula Vista - 22759
. �
� .
18-16
n- ��� �� . _ _. ._ ..
IERHI6IT 1
C � UPdCIL POLICY
F
CIN OF CHULA V1STA
$(J�E�j POLICY EfFECTIVE PAGE
PARTICIPATION BY THE CITY OF CHULA VISTA IN NLMBER BATE
1911 BLOCK ACT PROGRAM PROCEEDINGS 8-2-83 1 of 7
• ADOPTED BY RESOLUTION rl0� DATID:
BACKGROU��D
There are properties within the .City limits that do not have full street
improvements. In the past, Council has directed the owners of critical
unimproved parcels to install their missing public improvements. The 1911
Block Act Proceedings were utilized in most instances. _ , As an encouragement
for property owner participation, the City has contributed funds for the
completion of certain items of work (i .e. , grading, pavement installation,
etc.) . Also, the City consistently, has contributed engineering inspection
and adsninistrative services at no charge to the property owner(s) . However,
there is no Council adopted policy regarding City participation in 1911 Block
Act improvement construction proceedings.
This policy is designed to encourage the installation of missing improvements
along developed residential lots. It specifically sets City participation
goals for t� improvement of corner, non-corner, and double frontage
residential lots. The policy reaffirms City Council intent to require the
installation of public improvements adjacent to undeveloped property
(residential, commercial , and industrial ) through the formation of 1911 Act
Assessment Districts or through the subdivision and building permit approval
_ procedures.
This policy shall only apply to areas incorporated on or before this policy's
effective date.
PURPOSE
To establish a policy for participation by the City in the construction of
public improvements via the 1911 Block Act Proceedings (Chapter 27, Streets
and Highways Code of the State of California) .
POLICY
The City Council establishes the following policy for City participation in
1977 Block Act Program proceedings.
I. General Participation
A. The City, at no cost to the property owner(s) shall provide all
engineering, inspection �and administrative services necessary to
install missing improvements via the 1911 Block Act Pro9ram
proceedings.
orm:CO=OOl C�r/l 7
COUraCIL POLICY
CI1Y OF CHULA VISTA
��E� POLICY EFFECTIVE PAGE
PARTICIPATION BY THE CITY OF CHULA VISTA IN ��ER L1ATE
1911 BLOCK ACT PROGRAM PROCEEDINGS 8-2-83 2 of 7
ADOPTED BY RESOLUTION N0� ��� ,
B. It shall be the City' s responsibility to relocate all existing
public improvements found to be in conflict with the proposed street
improvement construction.. Such improvements shall include, but not
be limited to: street lights, traffic signal standards, drainage
structures, fire hydrants, etc.
C. Engineering staff shall meet individually with each property owner
prior to the program's public hearing to explain the plans,
proceedings and this policy. Final engineering . plans and project
specifications shall reflect. as close as practicable, the property
owner(5) concerns provided they reflect standard engineering
practice. .
i D. Prior to the end of each fiscal year, the City Engineer shall submit
to the City Council for approval under this program, a recommended
list of projects for scheduling in the ensuing fiscal year. Fundin9
-- for the program shall be determined annually and shown in the
Capital Improvement Program.
E. City participation in this program shall be limited to developed
parcels that cannot be split into lots or building sites.
� II. Developed Residential Lots
A. Non-Corner Lots
It shall be the City's responsibil.ity to overlay or reconstruct the
roadway travelway adjacent to non-corner lots when the travelway is
already improved and needs an overlay or reconstruction to
accommodate drainage or traffic safety requirements.
The City' s responsibility described above is shown on Figure 1
(attached) . .
B. Corner Lots
For the purposes of this policy, the corner lot front lot line shall
be defined to be the shorter of the two adjacent street Tot lines.
In the case of a non-rettangular corner lot, the front lot line
shall be the average width of the lot. (See Figure 2) .
It shall be the City's responsibility to:, .
}, Install curb, gutter, sidewalk and pavement (if non-existent)
adjacent to i/2 the corner !ot's side street frontage.
'orm:CR�QR� /'� ^ 3 [ 3
COUPJCIL POLICY
C I N OF q-fULA VI STA
$ll$�IECT POLICY EFFEC?IVE PAGE
M.hBER DATE
PARTICIPATION BY THE CITY OF CHULA VISTA IN
1911 BLOCK ACT PROGRAM PROCEEDINGS 8-2-83 3 of 7
ADOP7ID BY RESOLUTION N0, DA7ID:
� 2. " Overlay or reconstruct the side and frontage street's travelway
when needed to accommodate drainage or traffic safety
requirements.
3. In the event that there are improvements already existing along
the corner lot' s side property frontage already existing, these
improvements shall be credited to the City if they need not be
removed to accomnodate. the improvements to be installed.
The City's responsibility described above is depicted on Figure 3
(attached) .
C. Dual Frontage Lots
It shall be the City' s responsibility to:
1 . [nstall curb, gutter, sidewalk, and pavement ( if non-existent)
adjacent to the entire lot's rear street frontage.
2. Overlay or reconstruct the lot's rear street travelway when needed
to accommodate drainage or traffic safety purposes.
' For purposes of this policy, dual frontage lots shall be a lot having
frontage on two parallel or approximately parallel streets, none of which
is an "alley".
III . Developed Industrial/Commercial Lots
The City contribution towards the construction of improvements adjacent to
developed industrial/commercial lots shall be limited to:
l : The overlay or reconstruction of existing roadway travelway areas
when found to be required for drainage or traffic safety purposes.
IV. Undeveloped Resident'ial, Industrial and Commercial Lots
This policy shall reaffirm the City Council 's intent to require the
installation of missing improvements adjacent to undeveloped lots (both corner
and non-corner with and without double street frontages) through:
1 . 1911 Act Assessment District procedures.
2. subdivision requirements, and
'orm:C�_4A] �� I I '��)
C � UPJCIL POLICY
c rn oF cHU�a vt sra
��E� POLICY EFFECTIVE PAGE
NI.NBER DATE
PARTICIPALION BY THE CITY OF CHULA VISTA IN
1911 BLOCK ACT PROGRAM PROCEEDINGS 8-2=83 4 of 7
ADOPTID BY RESOLUTION N0� ���
3. building permit approval requirements.
There shall be no City contribution towards the construction of improvements
adjacent to undeveloped resident9al, indusCrial and commercial lots. In the
event that an owner petitions the City for inclusion of his/her undeveloped
parcel in a 191} Block Act Program, all expenses shall be borne by said owner.
V. Applicability
This policy shall be applicable to areas within the Chula Vista City limits on.
or before its effective date.
WPC 0583E
orm:C0=003 j7-- 11
. `�
COUtJCIL POLICY
CIN OF CHULA VISTA �
$��E� POLICY EFFECTIVE �. PPGE
PARTICIPATION BY THE CI7Y OF CHULA VISTA IN Nl.f`�ER lYaTE
1911 BLOCK ACT .PkOGRFhT PROCEEDI��6S - FI6URE 1 8-30-83 5 of 7
ADOPTFD BY RESOLUTION N0� �ro:
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CI7Y OF piU1Ja VISTA .
��E� • PQLICY EFFECTI� PPGE
NLMBER I I1�TE �
PARTICIPATIOP� BY THE CITY Of CHULA VISTA IN
1911 BLOCK ACT PROGRAM PROCEED[NGS - FIGURE 2 - 8-30-83 � 6. of. 7`
ADOPTED BY RESOLUTION N0� �?ID� �
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" $l(��� POLICY EFFECTIVE PAGE
NUBER I347E
PARTICIPATION BY THE CITY OF CHULA VISTA IN
1911 BLQCK ACT PROG�?,M PROCEEDI�IGS - fIGURE 3 8-30-83 7 of 7
ADOP?ID BY RESOLUTfON N0� L1ATID: �
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File: AR-009
_ EXHI6IT 2
• CITY OF CHUL:1 VIST:1
' ENCINEERIVG DEPART;IENT
COST E52IMATE
Sheet 1 of 2
Hibi 's First Avenue Improveinents 8/15/83
- Breakdown of costs are based Date :
on Council Policy 1911 Act Prepared by: �—
PROJEC4' TITLE:
Improvements Checked by:
Project: 1911 i37ock Act Phase XVI
UNIT
N0. ITE:-f QU�`7TITY UNIT PRICE AMOUhT �
Note : Estimate does not include any : .
l- :'--
;work,on private property limits of work �
PCR to northerly property line: - -
City's Responsibili,ty: .
1. Excavation & Disposal (12 x 31) Lump Sum L.S. 372 372
'L. Asphalt Concrete 15 Tons 45 675
3. Processed Miscellaneous .Dase 47 Tons 14 658
4. Traffic Control Lump Sum L.S. 15U 150
Sub - Total 1,855
= 10°6 Contingencies 185
City's Share - Tota1= $2,040
Ov+ner (Hibi 's) Responsibili.ty
1. Excavation.:& Disposal (12 x 97) Lump Sum L.S. 1164 12�4 :
2. Asphalt Concrete 11 Tons 45 495
3. Processed- Miscellaneous Base 35 Tons 14 490
4. 6" P.C.C. Curb & Gutter 61 L.F. 9.50 530
5. 4" P.C.C. Sidewalk 302 S.F. 2.50 755
6. Traffic Control Lump Sum L.S. 50 : 50
ro h 470 S.F. 3.60 .1,632
Sub-Total 5�226
= 10� Contin encies 524
Owner' s Share - Total = $5,750
E -132 �8����3
File: AR-009
CITY OF CHUL', VISTA
Ef7CINEERIVG D'ePAFT'PtE:TT
COST ESTIMATE
Sheet 2 of 2
Nibi 's Quintard Sfreet Improvements Date: 8/16/83
- Breakdown of costs are based on Prepared by• SLH
CounCil Policy 1911 Act Checked by:
PROJECT TITLE: ' IMprOV2m2rlt5 .
Pro 'ect: 1911 Blcok Act Phase XUI
U!7IT
ti0. ITE!S OU?.:VTI?Y [ItdIT ?RICE A.*SOi7hT
Cit 's Res onsibili.t :
1. Excavation & Disposal (12 x 63) Lump Sum L.S. 756 756
2. As halt Concrete 41 Tons 45 1 ,845 �
3. Processed Misceilaneous 6ase 45 Tons 14 1,330
4. 6" P.C.C. Curb & Gutter 28 L.F. 9.50 266
5 4" P.C.0 Sidewalk 140 S.F. I 2.50 350
� Traffic Control Lump Sum L.S. 200 200
dr nt & Meter Lum Sun L.S. 2 500 2,500
b- 1 S7 247
- 'n en ies 723
i 's Share - Tota1= I ;31,970
�.....
Owrier's (Hibi 's) Responsibility
1. Excavation & Dis osal 12 x 117 Lump Sum L.S. 1,404 1,404
2. As hal.t Concrete 5 Tons 45 225
se Tons 14 238
4. 6" P.C.C. Curb & Gutter 87 L f. 9.50 827
5. 4" P.C.C. Sidewalk 479 S.F. 2.50 1 ,197
62 S.F. 00 186
7: Traffic Control lump Sum L.S. 175 175 '
Sub-T:otal . $4�252
= l0p Contingencies 42$
Owner's Share - Tota1= $4,680
E -132 �—IIJ/ /5
EXHIBIT 3
1911 BLOCK ACT PROPERTY OWNER COST
. (ASSUME �10,000 IMPROVEMENT COST)
PAYMENT
YEAR PRINCIPAL INTEREST TOTAL ANNUAL *MONTHLY COST
1 $1 ,000 $700 $1 ,700 - $141 .67
2 1 ,000 630 1 ,630 135.83
3 1,000 560 1 ,560 130.00
4 1,000 490 1 ,490 124.17
5 1,000 420 1 ,420 118.33
6 1,000 350 1,350 112.50
7 1 ,000 280 1 ,280 106.67
8 1,000 210 1 ,210 100.83
9 1 ,000 140 1 ,140 95.00
10 1,000 70 1 ,070 89.17
* Total annual payment = l2. However, owner makes two annual payments.
First payment due on June 1 is one-half the interest due. The second
payment due on December 1 is for one-tenth of total principal plus
one-half the interest due.
WPC 0621E
K— ��1.77� _
COU?�CIL AGEI�'DA STATEA�fE1T ������ ��.� �
Item
A�Ieeting Date 1/27/0�
ITE�i TITLE: Resolution Establishine a Council Policy fo: For.mation of
Assessment Districts with City Participation for Construction of Infill Street
Improvements and Rescinding Council Policy�OS-01: Participation by the
City of Chula Vista in 1911 Block Act Progrzm Proceedings
O:dinance �9odif}�ng Certain Provisions of the Municipal
Tmprovement Act of 1913, the Special Assessment,Investi�ation,Limitation
and n4ajority Protest Act of 1931 and the Elections Code y
SUBMITTED BY: Director of General Services/Ciry Engineer�
REVIE�L'ED BY": Cih�Mana�er: � „i (4/Sths Vote: Yes_ No�
� J1
�.
Over ihe past tea years,the City has formed or has begun formation proceedines on fveAssessment
Districts under the 1911 Block act. it is 2nticipated that proceedings to consider the formation of
several new assessment districts H�ill be initiated k•ithin the next two yeazs under the Westem Chula
Vista]nfrastrucrure Financine Program. It is desirable to clarify various issues regarding assessment
dissict formation and the Ciry's garticipation prior to commencement ofthe proceedings io consider
the formation of tl�ese districts.
RECOD4MENDATIO\: That Council:
1. Adopt the above resolutions:
a. Establishing a Council Policy for Formation of Assessment Districcs u•ith City
Participation for Construction of lnfill Street Improvements
b. Rescinding Counci] Policy 50�-01: Panicipation bythe City ofChula Vista in 1911
Block ActProgram P*oceedings
2. Place the above ordinance on first reading.
BOARDS/C0�1D11SSIONS REC01111EI�'DATION: Not applicable.
DISCUSSION:
The Cih�adopted Council Policy 505-01, Participation by the Cit;+of Chula Vista in 1911 Block Act
Proaram Proceedin�s, by Resolution No. 11373 on August 30, 1953 (Attachment 1). This policy
discussed the financial contribution of the City in the formation of Assessment Di<_tricts using [he
1911 Block Ac[ (Division 7, Chapter 27 of the Califomia Streets and Highways Code) for the
consiruciion of infill s?reet impro��ements. This policy required the City to pay for a11 the desien,
inspection and administratiti�e costs associated with installing infill street improvements.
Additionally, the City would be responsible to pzy for the cost to relocate all existine public
improvements and overlav or reconstruct the existing paved roadway �•here necessary. The Ciy
���ould also be responsible to pay for hal{the cost of all improvements on a corner lors side frontase.
The property oHmers would be responsible ro pay all other construction costs, including additional
�` ,
18-27
C.�Page 2,Item
Meeting Date 1/27/04
pa��ement; curb, gutter and sidewalk; driveway aprons and street lights. Under this policy,the City
has formed or begun formation of five Assessment Districts over the past ten years.
Formation Proceedines under the 1911 Block Act
Proceedings to form assessment districts pursuant to the 1911 Block Act to finance a portion of the
cost of infil] street improvements are comparatively complex and consequently demanding of staff
resources particularly in relationship to the amount of the cost of infill street improvement projects
being reimbursed to the City from the assessments levied in such assessment districts. These
procedures have been further complicated by the passage ofProposition 218,which became effective
on July l, 1997,and which added Article JC]IID to the Califomia Constitution arid which requires the
inclusion of assessment ballot proceedings as a part of the assessment district formation process.
The fomiation of an assessment district pursuant to the 1911 Block Act im�olves the preparation of
two separate engineers repons and staff reports and resolutions for four separate City Counci]
meetings, including two public hearings. The procedural steps in forming such an assessment
district may be summarized as follow�s:
• Preparation, circulation and submission of petition executed by the owners of more
than 60% of the front footage of a block in which infill street improvements are
requested to be installed.
• Preparation by staff of a boundary map of the proposed assessment district and a
preliminar}�eneineer's report containing an estimate of the cost of installation of the
improvements and the estunated assessments.
• Preparation of staffreport and resolutions approving the boundaries of the assessment
district, declaring intention to form assessment district and approving preliminary
engineer's report and setting the time and place of the initial public hearing.
• City Counci] action to adopt the preceding resolutions and setting the time and place
for the initial public hearing.
• Preparation of and mailing to property oHmers ofnotices ofthe initial public hearing
and assessment ballots and order for property owners to construct the public
improvements within 60 days.
• Preparation of staff report a�id resolution declaring the results of assessment ballot
tabulation.
• City Counci]holds initial public hearing and adopts resolution declaring the results of
the assessment ballot tabulation.
• Construction of the public improvements.
• Detem�ination of final costs of construction of the puUlic improvements and
preparation of final engineer's report reflecting final costs of construc[ion.
a. �
_ _-- ___ _ _--------- ------ I
�$-�---------
Page 3,Item /
� b4eering Date I/27/04
• Preparation of staff repor[and resolution accepting the filing of the fmal engineer`s
repon on the costs of the construction of the improvements.
• City Council action to adopt the preceding resolution and to set the time and place for
the final public hearine to confirm the costs of construction and the levy of
assessments.
• Preparation and mailing to property owners of the notice of the final public hearine.
• Preparauon of staff report and resolutions confirming the final engineer's report and
assessing the costs of consL-uction.
• Cin•Counci] conducts final public hearine and adopts the preceding resolutions.
If the actual cost of construction erceeds the estunate included in the preliminary engineer's report
and refiected in the assessment ballots, it would be necessary to iaclude a second assessment ballot
proceeding as a part of the final public hearing in order to increasa the assessments to recover the
costincreases
Use ot the A4unicipal Improvemeot Act of 1913 as an Alternatire to the 1911 Block Act
As of now,the City has only used the Municipa!Improvement.Act of 1913 (the"1913�cr')to form
laree .Assessment Districts for the financing of lazge-scale infrastruciure improvements for entire
developments. These projects included the issuance ofbonds with a term ofat least 20 yeazs. Since
the passage of Proposition 218, howe�-er, the ?vlello-Roos Community Facilities Aci of 1984 has
been used in place ofthe ]913 Act for financing infrastructure in new developments oe�ause;among
other factors, of its flexibility in atlowing for taxing of properties based on a general benefit rather
than based on a speci fic benefit to each propect��owner as is now required for assessment districts. .
Unlike the 191 1 Block Act, the 1913 Act formation procedures requires prepazation of only one
engineer's report and only two City Council meetings, includine one public_ hearing. These
procedures may be summarized as follows:
• Prepazation, circulation and submission of petition executed by the o�timers of more
than 60% of the front footage of a block in which in fill street improvements are
requested to be installed.
• Preparation by staff of a boundary map of[he proposed assessment dis:rict and the
eneineer's repon containing an estimate of the cost of installation of the
improvements and the estimated assessments.
• Preparation of staff report and resolutions approving the boundares ofthe assessment
district, declaring iatention to form assessment district and approving preliminary
eneineer's repoR and setting the time and place of the public hearin�.
• City Council action to adopi the preceding resolutions and se:tin�the time and ol.ace
for the initial public hearing.
,1 . :
__.. .. ___-- ------ -�--------.. _.1.8_2.9-
I
Page 4, Item /
VIeeting Date 1/27/04
• Preparation of and mailing to propeRy owners of notices ofthe initial public hearing
and assessment ballots.
• Preparation of staff report and resolution declaring the results of assessment ballot
tabulation,ordering the construction of the improvements and confirming the levy of
assessments.
• City Council holds the public hearing and adopts the preceding resolution.
• Construction of the public improvements.
Tf the actual construction costs of the DistricYs improvements do not exceed the cost estimate
included in the Engineer's Reporl and reflected in the assessments shown on the assessment ballots,
the assessments can be reduced by Council resolution without a public hearing. On the other hand,if
the actual construction costs do exceed the cost estimate included in the Engineer's Repon and
recovery of such excess costs would require an increase in the assessments previously levied,
approval of such increase in the assessments would require a subsequent public hearin� and
assessment ballot proceeding.
Under the 1913 Act process, it is also possible to begin levying assessments on properties within the
Assessment District right after such District is formed instead of waiting until after the project is
completed, accepted by the City, the final Enoineer's Report is written,the final public hearing is
held and the levy of the assessments is confirmed. This will aceelerate the reimbursement to the City
of the initial costs of construction by at least one year in most cases. Such acceieration will not result
in property owners paying the assessments over a longer period of time.
Two other advantages of the 1913 Act process relate to the inclusion of administrative costs and no
requirement to provide a 60-day Notice to Construct to properiyawners. Unlike the 19l 1 Block Act,
annual administrative costs associated with billing property owners can be included in the cost.
However,it is reconvnended that the maximum annual cost be included on the assessment ballot sent
to property owners during district formation. Under the 1911 Block Act, the City must provide a
notice to all property owners in the proposed District ordering them to construct the improvements
included in the District ro the City's satisfaction during a 60-day period prior to contract award. This
notice has ger.erally been provided to property owners with the notice of the public hearing and
assessment ballot, although no property owner has yet complied with this provision. At the initial
public hearing under the 191 1 Block Act,the City Council must determine ifthe improvements have
been installed by the property owners and,if not,may lhen order the installation ofthe improvements
by the City. W"hile staff never anticipates that a property owner will undertake to instalf the
improvements,the receipt of this demand notice can be confusing to property owners and can lead to
a misunderstanding of the nature of the demand. This noticing requirement is not induded in the
1913 Act.
As a result of the advantages resulting from the use of the 1913 Act, staff is recommending that the
City Council adopt a new policy for the fomlalion of assessment districts to finance tlie installation
of in-fill street improvements that will enable the use of the 1913 Act procedures.
� �
18-30
Page 5,Item /
Meering Date 1/27/04
Proposed Additional Policv Recommendations
Several other issues relatine to Assessment Dis[rict policy have never been pre��iously defined by
City policy or ordinance. The first issue is District composition. Although the 1911 Block Act
defir.es a block as one side of a street benveen two intersections, it is more cost effective, less
disruotive and mo*e estheticaily pleasing to construct impm��ements on both sides ofone block xt the
same time.The City would also be able to overlay or reconscruct the eotire street,ifnecessary,u par
of the project. Therefore, the proposed policy defines the minimum size for a district as being both
sides of a public street benveen tH�o public streei intersec[ions w�here both sides of the street do not
have full improvements.
The 1913 Act, as currently w�ritten, provides that the assessmenu become delinquent afrer 30 da}�s
unless bonds are issued. Staff would retain the ability to finance ihese Districts over ten years at an
interest rate equal to the Cit}'s_investment rerum up to.a maximum interest rate of 7 percent_as
permitted in the 1911 Block Act Disvias. Since the Ciry of Chula Vista is a chatter city, the City
can amend the 1913 Act b}•ordinance to allow this method of financing. It is zlso recommended that
Council act to ar:iend the sections of the Majority Protest Act of 1931 and the 1911 Block Act
oertaining to the petition requiremenu. The proposed modificarion will bring the calculation of the
weighted percentage of property o�vners who have signed ihe petition more in line with Article X�
of the Caiifornia Constitution.
Other District Formafion Issues
Based on the legal chanees and the Ciq� s experience since the pazsage ofthe original policy in 19S3,
various additional policy changes and additions are recommended. Some of the issues that need to
be clarified aze the City's position on right-of-way acquisi[ion and the consideration ofprior defeml
ageements. Since:assessment Districts are only es'�ablished at the request ofthe majority of propem
owners in an area, it would not be appropriate for the City to en[er into condemnation proceedings
for the acquisition of additiona]right-of-way iCneeded for construction of full street improvements.
It would also be unfair if certain property owners dedicated right-of-way to the City without
compensation w�hile other property owners received compensation through the condemnation
proceedin�s. Therefore, it is recommended that propery owners unanimously agree to dedicate the
necessary rieht-of-v.'ay to the Ciry in order for District forniation to proceed.
Per the Ciry's Municipal Code Sections 12?4.020 and 12.24.040, in cases where propercy o�vners
apply ?or permits to construct improvements exceedine b25,497.27 (adjusted annually), they aze
required to construci improvements on public streets and/or alleys adjacent to their properties. If
this is not practical,proper[y owners may apply for a deferral which is secured by either a lien on the
subject property or payment of a cash bond. Since deferrals ha��e frequently been appro��ed in
neiehborhoods where Assessment Districts aze beingproposed,a uniform me[hod ot"handlingthese
deiesals is needed. It is proposed that the propem� owner's assessment be subtracted from the
deferral amount, if asy, plus any interest ihat would have accrued from the date of payment. If[he
amount is positi��e, the difference would be retumed ro the property oaner after construction wortc
has been completed. If the amount is neeative,the di fference would be the amount payable as part of
the Assessment Distric[. If the deferral is secured by a 1ien, it would be released afier forr.iation of
the District, and the property would be included in the liens for the new District. Should the
�' S
18-31
Page 6, Item�
Mee6ng Date 1/27104
provisions of the new policy conffict with d�e provisions of the previously executed and approved
deferral a�reement between the City and the property owner, the deferrai agreemen[will govern.
Additionally, certain aspects of the existing policy were changed to correspond to general City
practice. Since it is not common engineering practice to construct curb, gutter and sidewalk along
alleys, the wording regazding dual frontage lots was changed. Since construction of corner
wheelchair ramps is required by the Americans with Disabilities Act and it is an improvement of
general benefit to the community, it is now included as part of the City share for comer Iots.
These above issues relate to Districts formed for the construction of infill street improvements using
either the 1911 Block Act or the Municipal Improvement Act of 1913_ Since there is the possibility
that the Ciry may want to use the 1911 Block Act in the future, staff is proposing amendment of
Policy 505-01 for the use of the 191 1 Block Act ar the Municipal Improvement Act of 1931 for the
construction of infill sveet improvements. - "
Chapter 699 of the Statutes of 2003, effective January l, 2004, amended the provisions of [he
Elections Code to establish very limited and specific dates on which mailed ballot elections,
including assessment district proceedings or elections to authorize the levy of special taxes such as
elections in community�facilities districts, may be held. These dates are:
. The first Tuesday after the first Monday in May of each year;
. The first Tuesday after the first iVlonday in June of each even numbered year; and
. The ]ast Tuesday in August of each year.
Limiting the dates for assessment ballot proceedines to [hese specific dates will unnecessarily limit
the timin� of and delay proceedings to consider the formation of Assessment Districts. Therefore,
staff has included in the attached ordinance a provision to amend Section I500 of the Califomia
Elections Code as permitted under the City's charter to.permit assessment ballot proceedings or
elections to authorize the levy of special taxes to be held on any of the specified election dates or on
any Tuesday se]ected by the City Council.
FISCAL IMPACT: .Adoption of the Assessment District Policy and Ordinance will not l�ave any
direct fiscal impact. It is estimated that implementation of the 1913 Act process will save staff time
and expenditures over the 1911 Block Act process, but the exact amount of savings is unknown.
Attachment 1: Existin� Council Policy 505-01
Attachment 2: Proposed New Counci] Policy
PIEVGINLGR\AGENDA�SSESSMENTDISTWCTPOUCI'STAFFRGPORT-RFVISEDI-14-04.EMC.DOC �
FILki S'ff.401,STL-294 .
I21/20W 3:00 PM -
� ;µ
18-32
�T-raCHnnEni� /
COUNCIL POL[CY
CI7'Y OF CI�tJI� VISTA
SLTBIECT: PA,RT7CIPA7lON 3Y irlE CI'IY Or CHUL4 POLICY �'�C']'I�
VIS?A W 1911 BLOCK ACT pROGR,4M Ni.7MgER DATE PAGE
PROCcEDINGS
50>-U] 08-30-53 1 OF 6
ADOPTED BY: Resolution t�o. 11373 DATED: 08-30-83
BAIXGROUND
Fhere are properties within the Ciry lini[s that do no[have full sceet improvements. In the past, Council has
duecced ihe oK�ners of cridtal uninproved parcels to insta!I iheir missir.g public iR;provements. The ]971
31ock Ac[Proceedings were utilized in most instances. As an encou:agemen[for propeny owner participacion,
che Ci.y has conQibuted funds for the complerion of cenain i[ems of work (i.e., g;ading, pavement
installation, etcJ. Also, [he Ciry consistently has con[ributed engi�eering inspection and admir,iseapvc
services at no cnarge�to [he propery owner(s). However,�there is no Countil adop[ed-policy regarding Ciry
parzicipa[ion in ]917 Block Act improvement conswction proceedings.
This policy is designed ro encourage �he insrallation ot missing improvements along develooed residm[ial lou.
It spe�ifically sets Ciry participation goals for the improvemen[ of corner, non-comer, and double frontage
residenrial lo,s. The policy reaffirms Ciry Council intent to require [he inscallarion of public L�provements
adjacent to undevelooed property (residential, commercial, and indusffial) througi the foanation of 191] Ac[
.4ssessmen[ Dis�icts or L'�rough the svbdi��sion and building permi[ approval p:ocedures.
This policy sha]! only apply to areas incorpora[ed on or before this polic}'s effective date.
PURPOSE
To establish a policy (or participation by [he Ciy in the construc,ion ot public improvemenu ti�a [he 1911
Block Act Proceedings (Chaprer 27, Street and Highways Code oi[he Sta[e of California).
poucY
77:e Ciry Council erablisnes �he following DO�liy for Ciry pzrticipation in i9?1 31ock Act Program
proceedings: .
1. General Paricioation
a. The Ciry, at no cost to che properry okner(s) siall �ro�ide a!1 engineering, Llspecrion and
admiais¢acive sm�ces necessary ro inseall missirg improvemen.s �da che 1911 Block Act Progran.
proceedings.
b. It shall be [he Cirys responsibiliry to relocate at! existing public imp;ovements found to be in
confiicc w•ith �he proposed s[reet improvemeac cons:n:crien. Such improveme�ts shall include, but �
not be limited to: streer lights, tra;fic signal itxndzrds, drainage structures, fire hydrants, etc.
c. Ergineerirg staff sha]! meet individualfy wi:h eacn prope;ry owner prior to tne program's public
hearing .o hand deliver initial correspon�ence and to exp!ai� Lhe plans, proceedings and d:is policy.
Final er.gineering plans and project specifications shall reflect as dose as practicable, [he prope:ty
ovrner(s) contems provided they reflect siandard er,gineering practice.
'1 ,/
�
� ------ -----�$_-�---= -
COUNCIL POLICY
CITY OF CHULA VISt'A
SUBJECT: PARTICIPATION 3Y THE CI'IY OF CHUiA POLICY EFFECTIVE
ViSTA 1N 1911 BLOCK ACT PRGRAM NUMBER DATE PAGE
PAOCEED[NGS
505-01 08-30-83 2 OF 6
ADOPTED BY: Resolution No. ll373 DATED: U8-30-83
d. Prior to the end of each fiscal year, the Ciry Engineer shall submit co the Ciry Countil for apptoval
under this program, a recommended lis* of p.ojec[s for scheduling in the ensuing fiscal year.
Funding for the prog*am shall be determined annually and shown in the Capital [mprovemen[
Program.
e. City par,icipation in [his program shall be limited [o developed parcels that cannot be split inro lots
or building sites. � - - _
2. Develooed Residentia] Lots
a. Non-Comer Lots �
It shall be the Cit�+s responsibiliry ro overlay or reconstruct [he roadway travelway adjacent m
non-comer lots when the [ravelway is aiready improved and needs an oveday or reconstruccion to
accommodate drainzge or craffic safery requirements.
The Cit}�s responsibiliry described above is shown on Ffgure 1 (aaached).
b. Comer Lots
For che purposes of chis policy, �ne cornez lot fronr lo� line shall be defined ro be the shorter of che
nvo adjacenc saee[ lot lines. in this case of a non-reccangular corner lot, the front lot line shall be
� the ave:age width of the lot. (See Figvre 2). �
lt shall be [he Ciry's responsibili.ry [o:
(1) Inscall curb, gu:-ter, sidewalk and pzvement (if non-existent) adjacent to ��2 [he comer IoPs side
sa-eet fron[aga .
(2) Overlay or reconswct che side and fron�age street's vavelway when needed to accommodate
drinage or ffaffic safery requiremenu.
(3) ]n the even[ cha[ [here are improvements already exis[ing along the comer loPs side property
fror.cage already exiscing, these improvemena shall be credited m the Ciry if they need not be
removed to atcommoda[e the improvements to be inscaUed.
The Cit�s responsibi!iry described above is depicted on Figure 3 (aIIached).
3. Dual Frontaee Lots
It shall be the Cit�s responsibiliry to: . -
n �
18-34
COUNCIL POLICY
C17'Y OF CHULA VISTA
SUBTECT: PARTICIPATION BY THE CI'IY Of CNUL4 POLICY EFFECTTV$
VISTA IN 19i] BLOCK AC7 P�20GR.M7 NUMBER DATE PAGE
PROC:EDIAGS
5(IS-U1 08-30-53 3 OF 6
ADOP"TED BY: Resolution No. 11373 DATED: 08-30-83
a. Ins�all curb, gutter, sidewalk, and pavemenc (if nomexis[entj adjacen[ ro :he en[ire loYs rear sveet
froncage.
b. Oveday or reconscrvct the lo�s rezr sceet a-avelway when needed to accommodace d:air,age o:
vaific szfery purposes.
For purposes of thu policy, dual fron,age lots shall be z lot having Iron[age on two parallel or
approximately parallel sffeets, one of which is an 'alle�'.
4. - Developed Indusrrial/Co�nmercial Lors
The Ciry mntribution [owards [he consvuction of improvemenis adjacent ro developed
indnsQizl/co.�nmercia) lo[s sha!! be limiced ;o:
a. The overlay or recor.svvction of existing roadway travelv.•zy areas H�hen found to be required for
drainzge or vafn"c sa(ey purposes.
S_ Undevelooed Residencial lndustrial and Com�nerci�l Lo[s
This policy sha11 rea�rm the Ci.y Counci!'s ir,tent to reqvire �he ins[allation of missing im,�rovemen[s
adjacent to undeveloped lots (bo[h comer a�d non-comer wirh and without double sffee[ frontages)
through:
a. 7911 ��[ .4ssessmen. Dseict procedures. �
b. subd',��sion requiremen:s, and
c. building permit approrzl requiremen�s.
There shall be no Ciry con�ibution tov.•ards the tonswtuon of improvements adjacent to unGeveloped
residentiai, indusaia] and comnercial lots. ln the event that an oµmer petitions the Ciy for indusion of
his/her undeveloped parcel in a 7911 Block .ACt Program, a!1 expenses shall be bome by said oa•ner.
6. Aoalicabilirv
This polir�stall be applicable io areas within :he Chula Vira Ciry limi[s on or before ia e7ecrive date.
� :'1
. !
18-35
COUNCIL POLlCY
� CITY OF CI-1lILA VISTA � �
SUBJECT: PAR77C1PATIOn BY THE CIiY Or' CHULq POLICY EFFECI'IVE
V15TA IN 19]7 BLOCK ACT PROGR4M NUMBER DATE PAGE
PROCEEDINGS
505-01 OS-30-83 4 OF 6
AD(3PTED BY: Resolution No. 11373 DATED: 08-30-83
0
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COUNCIL POLICY
' �CfCY OF CHULA V1STA '
SUBJECT: pnxncivAr.o� ar ;r:E cir. o� c�ut.n POLICY EFFECTIVE
VESTAIN ]9i1 BLOCK.4CT PROG2AM NUMgER DATE PAGE
PROCEEDINGS
505-01 08-30-83 5 OF 6
ADOPTED BY: Resolution No. 1i373 DATED: 08-30.83
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. , COL7NCII. POLICY _
CITY OF CI-N111 VISI'A
SLTBTECT: PAA17C?PATION BY THE CI7Y OF CHULA POLICY EFFECI'IVE
VISTA IN 1911 BLOCK ACI' PROGRAM NUMBER DATE PAGE
PROCEEDINGS
5�5-01 08-30-83 6 OF 6
ADOPTED BY: Resolution No. 11373 DATED: 08-30-83
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18-38
RESOLUTION NO. � '
RESOLUTION OF THE CITI' COUNCIL OF THE C1TY OF
CHliLA VISTA ESTABLISHI\`G A COliNCIL POL1C] FOR
FORAZATION OF ASSESS�IENT DISTRIC"I'S WITH CITl'
PARTICIP,aTION FOR CONSTRUCTION OF fNFILL STREEi'
iA�1PROVEA'fE\`TS AND RESCI\`DING COU\'CIL POLICY 505-01:
PAR'TiCIPATION BY THE C1T1' OF CHULA VISTA IN 1911
BLOCK ACi' PROCEEDINGS
WHEREAS, the Ciu� adopted Council Policy 50>-Ol, Paricipazion by the City of
Chula Vista in 1911 Block Act Proceedings, by Resolution No. 11373 on Aueust 30,
19S3; and
WHEREAS, since that date the City has formed several Assessment Districts
pursuant to such policy and the provisions of the 1911 Block Act (Chapter 27 of the
Impro�-ement Act of 1911) for the purpose of financine a portion of the cost of
construction of infill street improvements under this policy and staff has subsequently
identified several edditional formation issues which require policy clarification, such as
the City's positioa on right-o:way acquisition and the consideration of prior deferral
agreements; and
�S�HEREAS, in addition, the process in��oh�ed in forming Assessmen[ Districu
under the 191 1 Block Act has become more complicated by the passage oi Propositioo
215, which became effective o❑ July l, 1997, and which added Article 3iRID to the
California Constitution and which requires the inclusion of assessment ballot proceedings
as a pan of the assessment disvict formation process; and
WHEREAS, the initia:ion of proceedings to consider the formatioa of seceral new�
Assessment Districts in V1'es[ern Chula Vista i; anticipated during the next [w•o years and
a process is needed which is simpler, less time consuming and more cost effective thzn
tl�e current process utilizing the 191 1 Block .Act; and
\'�'HERE.4S, a ne�v policy is needed to allow� Cor :he use of the more
straightfonvazd process for forming Assessment Districts included in the Municipal
hnprovement Act of 1913;
�'�'HEREAS; there has been presented to the City Council for its re��iew and
consideration a new policy, a copy of which is attached as Exhibit A hereto and
incorporated herein by this reference, that addresses the issues set forth above.
I�'O\1', THEREFORE; BE IT RESOLVBD the Ci�y Council of the Citp of Chula
Vista does fiereby establish a Policy of the City Council in tne form attached as Exhibit A
hereto for fo�nation of Assessmznt Distncts with Ciry panicipation for construction of
a. l-�
_..--- — -- — — ------1_�.g�
infill streei improvements and rescind Council Policy 505-01: Participation by the City
of Chula Vista in 191 I Block Act Program Proceedings.
Presented by Approved as to form by
�Y �� �,1��'1 �,�,�
Jack GriCfin An�o�`�
Dircccor of General Services City Attorney
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COUNCIL POLICY
CITY OF CHULA VISTA
SLBJECT: FORVIATIOV OF ASSESS��fENT DISTRICTS NITH CITY
PARTICIPA7'ION FOR C0ISTRUCTIOIv OF L\FILL STREET L'�1PROVEA4EnTS
BACKGROUA'D
There are many p:operties within the western area of the City of Chula Vista (particularly
in the D4oncgomery area) chat do not have full sveet improvernents. Council adopted
Council Policy No. �OS-01 by Resoluuon No. 11373 on August 30, 1983 ro provide
euidelines for the City's fiaancial participation in Assessment Distric[ formation under
the 1911 Block Act Program. "Chese euidelines addressed certain financial issues,
however, over time questions arose regazding district administrauon that were not
addressed by tnis policy. T6ese issues include .he acquisition of-rieh[-of-way and the
application of deferral pa}znents and agreemenu made `or the construction of street
improvemenu.
Additiona!ly, changes in assessment law since 1983 have afiected the establishment of
d�ese districts. The process of forming Assessment Districts under the 1911 Block Act
has become more cumbersome since the passaee of Proposiuon 218. The necessity of
veating all properties in a district equitably has lead to recoasideration of the original
policy regardir,g undeveloped lou and industrizU commercial lots.
Finally, the City has recently established a new proa am for the financing of i�fill s[reet
improvements in Lhe Mont�omery area called the CDBG Street RehabIlitauon Program.
Under this program, the City will finance all construction and desi�n costs for infill street
improvements except for the construction of driveway aprons. Since it is expected that
several Asse;;nent Districts will be fonrted under t2;is pro�ram, it w�as considered
advisable to reconsider the City's policy at this time.
PIIRPOSE
To establish a new• City policy 2nd rescind the eurrent City policy on establishment of
.Assessment Districts for the construction of infill street imp:o<<ements.
POLICY
The City Council establishes the followina policy for Cit}� parvcipation i❑ the
establishment of Assessment Districts for the construction of infill street improvements:
1. General Procedure:
a. .Assessment Disvicts for the conswction of infill street improvements will
be ;ormed with the panicipa[ion of the City using ei[her the Improvement
Act of 1911 as enacted and amended i❑ the Califomia Streets and
Hieh�;�ays Code (particularly Chapter 27 thereof, commonly referred ro as
/
� � , 5 �
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I
°The Block Act") or the Municipal Improvement Act of 1913 (Division 12
of the Califomia Screets and Highways Code) as amended by City
ordinances. The assessment balloting process shall be conducted in
accordance with Chap[er XIIID of the Califomia Constimtion (Proposition
218) or applicable State law.
b. Where a minima] number of property ow�ers in a block ha��e infill street
improvements and it would be impractical to form an Assessme�t District,
Council may authorize the City to enter into a reimbursement agreement
with ao individual property owner for the financing of the property
owner's share of consuuction costs. Said agreement shall be for a
mazimum of ten years at an interest rate to be determined by Council.
2. District Composition:
a. A District is comprised of both sides of a public street between two
intersections, where both sides of the public sVeet do not have full
improvements (including curbs, gutters and sidewalks). A public street
shall be defined as right-of-way dedicatcd to and accepted by the City as a
public roadway, or dedicated to another public agency as a public roadway
and acquired by the City, which provides primary access to adjoining
propenies.
b. Where full improvements have already been constructed on one side of a
public sveet, a District will be comprised of that side of such public street
between intersections on which full improvements have not been
constructed.
c. At the option of Council and if property owners indicate such an interest,
the District may include additional contiguous blocks in the District in
conformance with 2a. and 2b. above.
d. City participation in District formation in areas with a primary land use
designation as commercial and/or industrial shall be limited to the overlay
or reconstruction of existing roadway travel areas, with the exception of
occasional commercial properties (such as comer ]ots) located in areas
primaril}' classified as residential. In the latter instance, such commercial
properties shall be treated in the same way as adjoining residential
properties.
e. The City shal] not participate in the formation of a District for a block
which is primarily undeveloped. R'here isolated undeveloped properties
aze located in a block which is otherwise developed, the City will provide
the same benefits provided to developed lots if agreement can be reached
with [he owner of such undeveloped property which will include the
location and width of driveways. If agreement is not reached, the City
shall construct pavemeot to the width where the curb and �utter would
have been conswcted, but install an asphalt berm in place of curb, �utter
and sidewalk.
f. The City shall not participate i� District formation for improvements to
private streets.
2 ,I ',� "
18-42
g. The Ciry's financia] participation in Disuict fomation for improeements
to public alle��s shall be limited to utiiity relocation, replacement of
exisdng improvements and all en�ineerins, inspecqon and administrative
services. Public alleys are defined as riaht-of-way dedicated ro or
accepted by the City as a public roadwav, or dedicated to another public
agency and acquired by the Ci:y, which QeneraIly provides secondar}�
access to the adjoinin� propeaies alona�the sides or rear of such
properties.
3. Rieht of Wav Issues:
a. It is desirable for the City to ha��e the standard �6 feet of righc of way
wid[h for construction of full street impro��ements on both sides of a two-
wzy streer, however, at the sole discretion of the City Ylana�er (or
designee), the acceptable right of way width for construcuon of street
improvements may be reduced on a project—by—project basis to a
minimum of�6 feet.
b. ff exisung street right is less than 46 feet, right of way acquisition will be
required. Property owners within the proposed Distric[ boundaries must
unanimously a�ee to dedica:e sufficieet rig:�t of way to mee[ this
requirement to the City at no cost to the City in order for Diserict
formation to proceed. The City will not pay for rieht of way acquisitioo or
ur.dertake condemnation proceedir.gs under this policy.
4. Deierrals
Property owners who conswct improvements on their properties above a
specuic value are required to construct infill street improvements. They may,
apply for a defer.zl on constructin� such improvements based on the existing
conditions of the sunoundin� area. If the deferral application is approved, the
propeny owner must sign an agreement with the Ciry which is secured
throu�h either a lien on the propertti�or by payment of a cash deposit.
a. If the deferral is secured b}� a lien, the lien o=porion of tbe lien associated
with the deferal of construction of infill screet improvements to be
ir.stalled and financed through an Assessmen[ District will be released
after formation of such Disu-ict including such property has been accepted
as complete by ttie Ciry Council and/or City b4aaaeer. This property wiil
be assessed ior the special benefit received b}� such p;openy from the
improvements to be financed through the new District in accordance with
applicable sections of the Califomia Streets a��d Hiehways Code.
b. li the deferral is secured by a cash bond coverin� the cost of curb, gutter
and sidewalk, such bond plus the interest that has or should have
accumulated since the date of payment will be applied as a credit to be
subtracted from the portion of District costs allocated to the propery.
This will only apply to the amount paid to co��e: [he cost of[he portion of
:he public street or public alley ro be insrzlled and financed through the
District.
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18-43 -------
c. .4fter formation of the District and construction of all facilities is
complete, it will be determined if the current owners of the properties with
cash bond deferrals aze eligible to receive refunds. The por[ion of the cash
bond associated with infill improvements for the street or al]ey installed
and Cinanced through the District wi11 be determined and added ro the
interest which the City has or would have earned on this amount from the
quaner when the deposit was made to the quarter when the construction
contract was awarded. The amount payable by the property owner under
the Dis[rict will be subtracted from the cash bond plus interest. If the
resulting difference is positive, such difference shall be refunded ro the
property owners.
d. Should the provisions of Section 4, Deferrals, conflict with the provisions
of a Deferral Agreement properly executed by the City designee and the
property owner prior to approval of this Council Policy, the Deferral
A�recment wil] Lovern. - .
5. CDBG Financin�:
It is anticipated that additional funding for the construction of infill s[reet
improvements in the Montgomery azea will be available if a low interest loan
is received under the Community Development Block Grant (CDBG) Section
108 Program. Under this program, the previous provisions of [his policy will
apply in addition to the following additions/exceptions:
a. Only public streets in developed residential areas will be elit ble for this
additional CDBG funding. A13eys will not be eligible.
b. The following costs will be paid by the City: rehabilitation of the existing
roadway; additional roadway pavement; curb, gutter and sidewalk;
relocation of existing u[ilities, desib, inspection and administrative costs;
repair or replacement of existing damaged improvements outside the
existing road rieht of way. Right of way acquisition costs are not
included.
c. The following costs will be paid by the property owners: paved driveway
aprons and repair or replacement of existing priva[e .improvemen[s
encroaching on the existing road right of way.
J:�LNGINEERIDESIGN\STL294�4SSESSMENT DISTRICT COUNCIL POLICYa 1/li2004 8:38 AM
4 � ��
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oxfln.��a�rce vo.
AN ORDI\ANCE OF THE CITY COLI�CIL OF THE CITY OF CHULa VISTA,
CALIFOR\�IA MODTFYII�'G CERTAti�� PROVISIONS OF THE MUIvICIPAL
L�4PROVEMENT ACT OF 1913 AND THE SPECIAL ASSESSMETT,
NVESTIGATION. L17�4ITATION .AND !�,.AJORITY PROTEST ACT OF 1931
WHEREAS, the Cin� of Chula Vista, California, is a charter cit�� organized and
existing under the laws of the State of Califo*nia, and is duly authoriz� and empowered
to make law-s as they relate to municipal affairs of the City; and
WHEREAS, the City has prcviously fortned Assessment Districts for the purpose
of financing the acquisition or construction of public impro��ements, including but not
limi[ed to the construction ot infill street improvements under the 1911 Block .Act
(Chapter 2 i of the Improvement Act of 191 I); and
WHEREAS, the City wishes to utilize the procedures of the Municipal
Improvement Act of 1913 for formation of assessment districts to finance such infill
street improvements bui to continue to offer property ow•ners the financine arranaements
available under the l91 1 Block Acr, and
\�rHEREAS, petitions collected from property o«•ners in accordance with the
Special Assessment Investigation, Limitation and Majorih� Protest Act of 1931 (the
"1931 AcY') can more accuratel�� reflect the provisions of Article 7�IiID of the Califomia
Constitu.ion if the adequac�� of such petitions can be based on the financial responsibility
of the property ok�ners siening such petitions rather than the acreaee owmed by s�ch
property o�vners as is [he current requirement under the 1931 Acr, and
��'HEREAS, Chapter 824 of the Statutes of 2003 (Assemblv Bill 1521); effective
on Januan� l, 2004, amends tne Elections Code of the State of Calitomiz to limit to only
h.-o dates in each odd numbered year and three dates in each even numbered year on
which assessment ballot proceedings may be undeRaken; and
\0'HEREAS, the limited datcs on «�hich such assessment ballot proceedines may
be undertaken w-ill unnecessarily limi[ the timina of and delay proceedings ro consider
the formation of Assessment Districts.
NOW; THEREFORE; BE IT ORDAtNED:
SECTION 1. Reference to Laws: The provisions of the \4unicipal Impro��ement
Act of 19i3 (Di�•ision 12 of the Streets and Hiehµ�ays Code commencin� with Section
]0�00), and the Speciai Assessment Investi_ation, Limitation and I�iajorit;� Protest Act of
1931 (Division 4 of the Streets and Hiehwa}�s Code commencing with Section 2500),
shall be applicable io Assessment Disvict proceedings except as modified herein.
� � _ ► 4
18-45
SECTION 2. Section 10200 of the Streets and Highways Code sl�all be amended
to read as follows:
"Before orderin� any improvement which is authorized by this division to
be made, the legislative body shall adopt a resolution declanng its
intention to do so, briefly describing the proposed improvement,
specifying the exterior boundaries of the assessment distnct, providing for
the issuance of improvement bonds, if any bonds are to be issued, pursuant
to Chapter 7 (commencing with Section 10600), declaring its intention to
levy an assessment to maintain, repair, or improve the facility pursuant to
Section 10100.8, if it intends to levy such an assessment, and providing
for the disposal of any surplus remainin� in the improvement fund afrer
the completion of the improvement, as authorized in Section 10427 and, if
the legislati��e body so desires, declaring its intention to authorize the
payment o[assessments to be made in annual installments-pursuant to
Section 5895. The descriptions do not need to be detailed and shall be
sufficient if they enable the engineer to generally identify the nature,
location, and extent of the improvements and the location and extent of the
assessment district. The resolution of intention shall also contain a brief
statement of the intention of the legislative body to enter into an
agreement with any other public agency, or public utility, pursuant to
Chapter 2 (commencing with Section 10100)."
Section 10402 of the Streets and Highways Code shall be amended to read as
fol lo�•s:
"The tax collector shall record the diagram and assessment received
pursuant to Section 10401 in a substantial book to be kept for that purpose
in his office. Upon the date of recordation with the tax collector or, iC a
certified copy is recorded with the county surveyor or with the
superintendent of streets of the city, or both, as provided in Section 10401,
then upon the date of recordation, the assessment becomes due and
payable, except that the legislative body may provide (a) in the resolution
adopted pursuant to Section 10312 that all or any portion of the
assessment becomes due and payable on the date of the bonds which
represent the assessments or poriion thereof or (b) in a resolution
adopted pursuant to Section 5895 that such assessment shall be
payable in such annual installments as ma�� be prescribed in such
resolution."
S�CTION 3. Section 10403 of the Streets and Higl�ways Code shall be amended
to read as follows:
"All assessments not paid H�ithin 30 days after they become due, except al]
unpaid assessments for which bonds are to be issued or for which the
legislatire body has authorized t6e payment of such assessment in
'- �- �:,?
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annual installmenu pursuant to Section 5895, shall become delinquent
and the recording officer shall add to zach delinquent assessment � percent
of the amount therzof. Assessmer.ts may be paid in whole or in part
during the 30-day period afrer the same become due and payable."
SECTION 4. Section ]0404 (d)(3) of the Streets and Highw�ays Code shall be
amended in its entirety to read as follows:
`�(3) I: bonds are not to be issued or the legislati��e bod� has not
authorized the pa�•ment of such assessment in annual installments
pursuant to Section 5895, that all assessments will become delinquent if
not paid before the eapiration of that 30 da}�s and the effect of the failure
to pay the assessments within the 30-day period."
Section 10404(d) shall be further amended by the addition of subsection (>) which
shall read as follo�vs:
(5) "If the leeislative body has authorized the payment of such
assessnen[ in annual installments pwsuant to Section >895, tha: all
assessments not paid before the expiration of that 30 days shall be payable
in such number of annual installments as the legislative body shall ha�e
dete,:nined and that the payment of such assessments so deferred shall
beaz interest on the unpaid balance at such interest rate as the legislative
body sha11 ha��e determined."
SECT[ON 6: Section 2804 (a)(3) of the Sveets and HighH�ays Code shall be
amended to read as follow�s:
(;) "All of the owners of more than 60 percent in area of the prope:�y
subject to assessment for the proposed improvements or more thau 60
percent of the properties to be assessed as weighted in accordance
��ith the maximum allowable assessments as established for
assessment balloting procedures under Article XIIID of t6e California
� Constitution have signed or filed with the clerk or secretary of the
leeislative body wldertaking the proceedings a written petition for the
impro��ements meeting ihe requiremeots of Section 2504.5.'
SECTIO�! 7: Section �87� of the Streets and Highways Code shall be amended to
read as follo�as:
"The owners of lots or portions of lots froncin� on any� public s:reet or
place �vhen that street or place has been improved by the conswction of
sideH�alks or curbs for a total frontage of more than fifty percent (�0%) on
one side o`such sVeet or place in any block, or �vhere a petition simed by
the owners of more than sixry percent (60%) of (a) the front footaee of
.:%� �rr
3 �
� ;
18-47
i
any part of an unimproved portion or portions of a block or {b} the
properties to be assessed for the instailation of the improvements
requested by such petition as weighted in accordance with the
maximum allorvable assessments as established for assessment
balloling procedures under Article XII1D oi the California
Constitution has beeu filed with the city clerk requesting the installation
of such improvements in front of said part, or whenever the ]e�slative
body of the city upon its own motion orders ihe installation of such
improvements in front of said part, shall have the duty of constructing or
causing the co�struction of sidewalks or curbs in front of their properties
upon notice so to do by the superintendent of streets."
SECTiOI�' 8: Section 5876 of the SVCets and High���ays Code is hereb�• amended
to read as foilo���s:
"Whe❑ the superin[endent of streeis finds that sidewalks or'curlis have
been constructed, or that their construction has been guaranteed to his
satisfaction, in front of properties constituting more than fifty percent
(50%) of the frontage in any block, or where a pelition si�ned by the
owmers of more [han sixty percent (60%) of the front footage of the block
has been filed wiih the city clerk requesting the installation of such
improvements, or where a petition signed by che owners of more than
sixty percent (60%) of(a) the front footage of any part of an unimproved
portion or ponions of a block or (b) the properties to be assessed for the
installation of the improvements requested by such petifion as
weighted in accordance with the maximum allowable assessments as
established ior assessment balloting procedures under Arlicle XIIID
of the California Constitution has been filed with the city clerk
requesting the installation of such improvements in front of said part, or
whenever the ]egislative body of tlie city upon its own motion has ordered
the installation of such improvements in front of said part, said
superintendent of streets may, and upon the instructions of the legislative
body of the city shall, notify the owner or person in possession of the
property fronting on that portion of the street.in such block in which no
sidewalks or curbs have been constructed theretofore, to construct or cause
to be constructed sidewalks or curbs in front of his propeRy."
SECTION 9: Section 1500 of the Elections Code is hereby amended to read as
follows:
"The escablished mailed ballot election datzs are as follows:
(a) The first Tuesday after the first�Monday i�l May of each year.
(b) The first Tuesday afrer die first Monday in June of each even
numbered yeac
(c) The last Tuesday in August of each year.
4 .�� ��.
18-48
(d) Any such Tuesday� as may be selected b�� the legislati��e body for an
election or assessment ballof proceeding required or authorized by
Article �IIIC or a1tID of the California Constiturion."
SECTION 7: 7'his ordinance shall take effect and be in full force on che thirtieth
day from ar,d afre* its adoption.
Presented by .Approved as to form by .
;�����-�� �'�'�
Jack Griffin .4nn kloo e�
Director of General Services City Attomey
H:�SHARED�E\`Gi�'EER�[3ETH�ASST DIST ORD.DOC 1/14/2004 3:42 PDi
' a' a�.J
18-49
F,TT/!,�t-#�11'�P�IT �
_.
��-, CITY COUNCIL
AGENDA STATEMENT
� � �tsrr
F 5,;,:i ,�; �� C[lY OF
_w. CHULAVISfA
JAIVUARY 24, 2012 Item �
ITEM TTTLE: ORDIivANCE OF THE CITY COUNCIL OF THE CIT'1' OF
CHIJLA VISTA AMENDING TITLE 12.24 OF THE
MUNICIPAL CODE RELATING TO THE THRESHOLDS
FOR THE I\STALLAl"IO?� OF PUBLIC IA�IPROVEME\TTS
RESOLUTION OF THE CITY COUNCIL OF THE �ITY OF
CHliLA V"ISTA AMENDING CITY COLR�'CIL POLICI' S63-
02 FOR ON-SIT'E IMPROVEMENT ACTNITY TO TRIGGER
I1�'STALLATION OF PUBLIC IIviPROVEMENTS A_\D
AUTHORIZII�G THE CITY ENGINEER TO E?�TER IivTO
DEFERRAL AGREENLE?�TTS WITH QliALffIED
APPLICANTS
SUBMITTED BY: DIRECTOR OF DEVELOPMENT SERVICE�SSISTANT
CITY MAIvAGER
REVIEVF'ED BI': CITY n4AI�'AGER J�
4/STHS VOTE: YES � \'O �
SUMNIARY
The amendment to Cit}� Council Policy 563-02 and the Municipal Code would revise the
thresholds for the t}pe and value of private, on-site improvements that may require the
installation of public improvemenu.
EI�'VIRONME?�'TAI. REVIERT
The Director of Development Services has re��iewed the proposed activity for compliance with
ihe California Em�ironmental Quality Act (CEQA) and has determined that the activity is not a
'Project" as defined under Section 1�378 of the State CEQA Guidelines because the activity
consists of the modification to an existin�governmental fiscal policy which does not involve any
commitrnent to any specific project which map result in a potentially significant physical impact
on the environment. Therefore, pursuant to Section 1�060(c) (3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus; no environmental review is necessazy.
9-1
18-50
Item No. �i
b�leeting Date: 1-?�-12
Pa;e 2 of 3
RECO��LI7ENDATION
Tha:Councii ado�t the ordinancz znd resolution.
BO:�RDSICOA4A'IISSIO\ RECO��fEND�TIO\ :
�Not Applicable
DISCUSSIO�
The Development Services Process Streamlining Steerin� Cominittee has deter*nined that better
2uidance is needed on «'hen public imp*ovements should be required for building pe�:nit
applications. 'Ihe existing Ordinance and Ciry Council Policy �uides staff to determine whzn to
add the requirement to dedicate right-of-w�ay and/or install or alier adjacent public right of way
improvements for ministerial building permit applications. Current policy requi;es
improvements to be insta!led be sinele family residential, cosmercial; indusvial and multi-
family residential p;ojects when they exceed the i}ueshold dollar �°alue of a building per,nit as
stated in Municipal Code Section 12.24.020. Typically, projects that have triggered the need io
install public infrastructure have processed a deferral, as public improvements aze best
constructed one block at a time. This policy ar�d ordinance, �;�I-.ich has not been uodated since ii
was adopted in 1993; is being brought fonvard for Council consideration of the followins
changes:
Sinele-Familti� Residential
• Eliminate the use of building valua:ion as a t'rseshold to deter•nine «hen sinsle family
residential projecu must impro��e the ad}acent roadwa�� infrastrucrure: all additio*is,
remodels, secondary dwellines, detached gazaees and accessory use s':ruchues would not
trigeer the installation of public improvements uiless ihere wzs a public safery issue
needing to be addressed: Dedicaaons would srill be requued.
• All new buildin2s (other than the above-listed exemptions), move-on structures; or
projects considered a burden to the public's health and safety would be required to install
all necessazy public i:ifrasuvchue, up to 25% of the building pemit valuatioo; znd
dedicate any necessary right of way.
• Certain projects that do trigger the installation of adjacent roadway infras7ucture mati
request a eeferral of such ooligation. A condicion of defe:ral would be for the applicant
to enter into a deferral aereement; w''�.ich woila include a co3unitment r.ot to protes* an
assessment district or si-nilaz proceeding and to dedicate any requred rieltt of��•av.
Comriercial. Indus�ial and ?vtulti-Familv Residential
• Raises the r,inimum valuation amount specified in C.V.M.C. Section 12.24.020; from
S2Q000 to ��Q000. The 5�0,000 amount would be indexed to the July 2011 value o�
the 20 Cit}� Averaee Buildin� Cost Index (Engineerine ?v'ew�s Record) and would be
adjusted annua!ly on October 1 accordine to changes in that index. The code currently�
automaticallv adjusts for inflation; makine the 1993 S20;000 ��aluation a 534;577
,
18°b3
..
ltem V'o. �%
n4eeting DaYe: I-24-12
Page 3 of 3
valuation threshold in 2011. The threshold is being increased to $50,000 to ensure that
only significant modifications to the owner's site trigger this requirement so that there is
a better nexus to require the public improvements. Public improvements will also be
required if site-specific safety and health issues are at stake, no matter the aaluation.
• Limits the cost of reconstructing existing street unprovements to meet current standards
to 2�°/o of the building pe:mit valuation.
• Requires �nericans ���ith Disabilities Act (ADA) pedestrian improvements in the right
of��-ay, if any are lacking or substandazd. The required ADA improvements «�ould be
lunited�o ZO%of the building permit��a3uation.
Development Services Oversieht Committee
The genesis for the refinement of the policy was the Development Services Oversight Committee
where it was proposed that there should be a better nexus between the proposed amount of public
infrastructure improvements required and tlie on-site private improvements being pecrnirted. The
Oversight Committee recommends approval of the ordinance and policy.
DECISION A'LAI�R CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the �00 foot rule found in California Code of Re2ularions secuon
15704.2(a)(I) is not appticable.
CURRENT YEAI2 FISCAL IA�IPACT
There ��,�ill be no chan�e in the current fiscal qear since the staff time spent in processing the
a�reements not to protest the formation of an assessment district wi11 be offset by the staff time
saved by not processin� deferrals.
ONGOING FISCaI. L�ACT
The chan�es to requirements placed on single-family residential projects �izll result in less staff
time spent on deferrals of.public infras?rucfure. Tlus savings in staff time will be offset by the
time spent on processing the agreements not to protest the formation of an assessment district
resulting in no change fiscally. The construction of the ultimate stre.et improvements is best done
one street at a time, apportioning out the costs to those fronting on the street ihrough an
assessment district process. Since single family detached land uses will be required to enter into
an agreement not to protest the formation of an assessment district, the ultimate cost of the
improvements will not be fully borne by the General Fund.
ATTACHVIENTS
1. Council Policy 563-02 (Redline) '
2. Form of an Agreement not to Protest ihe Formation of an Assessment District
Prepm-ed by: Tom Adler, Development Services.
3
9-3
18-52
����e�,T �1._
CoiJ\CIL POLICI�
CI'T1' OF CHtiLA �ZSTa -
SLBJECT: O�-STiE L`4PR0«�g'.\T ACTI�TTY POLICY �,FFECTIVE I
TO TRIGGER Il��ST.4I,LATION OF �tiT�ER DA7'E P�G�
PU-BLIC IAIPROV�nIE1�S 563-02 2/23/93 I 1 OF 3
,�DOPTE,D BY: Resolution No. 16994 DATED: 2R3/93
:�WIE\`DED BY:
BACKGROIJND
Section 12.24.020 of the \4unicipat Code desi�nates the dollar value of a building permit "°?2ich
trig�ers the need to install public improvements. In additioa; $eciioa 12.24.010 states, °[t]he namre
and extent of the requirements unposed herein shall be limited to those dedicauons and improvements
rusonably related znd roueiily proportional to the impacts created or added and/or the har,n posed b}�
the dzvelopment."
PtiRPOSE
It is the purpose of this policy to provide a reasonable al�ernative to the requirement o; CV\4C
Chapter 12.24 that public imp*ovements be installed prioc to final inspecuon; completion certi�cate or
certificate of occupancy in cerain, limited circumstance. This policy has been adopted pu:suant to
Chapter 12.24 section 1224.OS0(E) and shall oiilv apply to ministerial projects.
POLICY
No buildin� permit shall be issued unless tbe appliczuon is in conformance with Section 12?4 0�the
Municipal Code and this polic��. �§'-'�x.�����"��-}'����+� '�` '�'ff`Y�'�==�
�- a � ,. �'eaerri}tF�e�-�v-t�����=.�i„�;;:;�rn=•eet�-e1e;e�+l-r.�a��t
}rr��e;��is-<a��
_ � -a '-�. ,n-.-�r:�
2.
.A. Sinsie Familv Residendal Prooertv:
1. The oNmer of a sinele family residential propert�� shall not be required to ir.stall
unprovements, provided: a) the H�ork bein� performed is remodeling, an additior., the
constructon of accessory secondazy dwelling, a detached garaee, or an accessory use
structure as defined in 19.04.006; b) the proposed deve!opment ;s not known to create a
dan�er to the general public or the users of the streets and hi2hways within the C;��; and c)
ftie owaer eaiers into an aereement H�i1 the City not to p:otest the :ormation of a B!ocl:Act,
assessment district or si:nilaz proceedine to czu<e Lhe improvzments to be installed.
2. The owne; of a single family residence other thaz: those covered 'oy section A(1); above;
shall cocnply with ihe requirements of CVMC Chap:er 12.24 to dedicate needed rieht-oi-wav
and construct public improvements.
3. The cost of the public improvemenu shall be lunited to 25% of the building permit valuation.
B. COn4�1ERCI.AL. I_\'DliSTRI.4L A\D \4ULTI-F.�MILY RESIDE\TIAL:
18��
I
COUNCIL POLICI' I
CTTY OF CI3iJLA VISTA
SLBJECT: O!�-SITE IA'IPROV'EMENT ACTIVTi'Y POLICY EFFECTIVE
TO TRIGGER INSTALLATION OF '���ER DATE PAGE
PLBLIC LMPROVEMENTS 563-02 2/23/93 2 OF 2
ADOPTED BY': Resolution No. 16994 DATED: 2/23/93
AAZENDED BY:
1. The o«ners of property on which commercial, indusri-ial, or muldfamily residential
development is to occur shaIl not be required to instal] improvements, provided: a) the owner
enters into an agreeme.nt witti the City not to piotest the formation of a Block Act or similaz
proceeding to cause the improvements to be installed and development and eithzr: 1) the on-
site work involves only exterior, cosmeric improvements, �vhich are intended to improve the
appeazance of the building; or 2) the on-site a�ork involves tenant or lessee improvements
��ith no change in use and/or no additional floor space. - -
2. ln circumstances where public improvements are in place, but do not meet current adopted
street standazds; or are not consistent with the Circulation Elemer,t of the Cih�'s General Plan
or a�iy Specific Plan adopted by the City, and the building permit valuation exceeds the
amount specified in C.V.M.C.; Section 12:24.020, adjusted for inflation,the reconstruction of
street improvements, including widening, ��ill be required. The cost of public improvements
shall be limited to 2�% of the building pemut valuation. In as faz as American with
Disabilities Act ("ADA�') sidewalks and facilities are lacking or substandard within th�
public right of ���a}�, adjacent to the project, either full ADA unprovements or 20% of u
building pernut valuation in ADA improvements shall be required.
3. The ov,mer of commercial, industrial, or multi-family residential other than those covered
under section B(1), above, shall comply with the requiremenu of CV"MC Chapter 12.24 to
dedicate needed right-of-���ay and construct public improvements.
�
9-5
18-54
�T�AC.�I tit G.0 T Z
� � Recording r.q,uested'oy anc � . �-
elezse;eturn ta:
� Ciiv Cler� � �
CitvafChula Visca
P.O. 3os 1DS7
Ch��!a �'ista,C.A 9!9l3
[.a1 ?his doamfeni benefru pe;ir,irtee.
Recorriiug fee requiren. .
(7lus space for Rerorder's use,oi�ly)
ARects Assessor's Par.el\o(s) C.\r. File No.07<0-20-PDiiile�j
AGREE�4EN7' BET��'EE�'CHE CiTY OF CHGLA VIS'I'A
:�\D�I\SERT PROPER'I'Y 011'NL�R\:�9L� � - _
NOT TO CO�TEST FUTURE ASSLSSi�IL\T DISTRICT
REGARDI\G TEIL• PROPERTI'KIQON\AS
�I\SERT PROPERT]'.�.DDRESSj
iN THE CIT1'OF CHtiLA\•1STA
THIS .4GREE�v1EM. made and ^ntered inm diis day of , 2011, by znd ber.��een the
CIT`.' OP CHULA VIST.4. a municipal co�portion, LereinaCrer referred to as "Ciry" anc [insert psopery on;ur
c�;nej, hercin�ricr referted to as 'Properry O�mer". City z��d Property Owner may bt rcfetred to i;:di��idually as
`Pzm%'and collectively as"Panies.
�ViTtiESSETIi
WHEREAS, che p�operty which is the subject mztter of this aereement is commonly I:no�en as [Insert
. Property .Add,-ess), Chula \%ista, Ca�iComia, and is iden[ified in '!;e Coualy Assessor records as Parcel No. [Enscn
P,PN J in thc City of Clmla Vi=_ta. Co•:.^.�y oFSan Die_o, Swte of Calif•�mia"[Property]; and
\VHGRFAS, Propeny is o��'ned by the Properq•O���ner; znd
�R'19ERL-AS. Properry Owner is drsirous of�ma4:im: impro��emen?s d^scribcd in [Insert!'emiit. Dra�aine; o:
ot6er Rda�ed Document?�umbersJ i Project] upon Propen}; and �
�S�HERLAS. Section 12?4.0�0 of the Chula Vss�a t�4uni:ipal Code pmvides, ;ene.aily, tor dle i.^.stallaiion
� oF tertzin public impro�•ements upon any dedicated zlley, street or snee[s adjzccat to a fot or patcel upon �vhith a
st^�cmre or buildin_ is m c: installed.erecred, or moved upon; and
WY.L-REAS, Propeny O���ner, as a condi.ion of die Project, and by [he xbov: desc�bed auihoriry. i�
obli��ated �o enter ir.to an �ereemrnt not io contest m:y preaeni or future assessment distrir foc th: iastalla:ion of
vublit s[rcct or alley itnpro��ement>[lmprovements], aouning thc subject Propem•; �nd
- \VHEREAS,Th: aoove-lis�ed recirls ore :r�e and corzea and are heraby incorpo�ted 5y reference: and
NO���.THE3:cPOIL: !T IS b1UTUALLI' .4GREED by and'oern�een the par:ies hercto as iallo�vs:
Pc�C �
� ��
I
ORDINANCE NO. 3223
ORDINAI�'CE OF THE CITY OF CHULA VISTA AMET�TDING
TITLE 12.24 OF THE MUNICIPAL CODE RELATING TO THE
THRESHOLDS FOR THE INSTALLATION OF PUBLIC
IMPROVEMENTS
WHEREAS, it is the intent of the City Council to protect life and property and promote
the general welfare as well as enhance and improve the physical environment of the community,
sustainably; and
WHEREAS; the City's General Plan Theme 4 is "Improved Mobility"; of which Goa16.1
is "Safe; healthy, v✓alkable and ��ibrant communities with a balance of jobs and housing° and
Goal 63 is "a sustainable circulation / mobility system that provides transportation choices and
is well integrated with the City's land uses;" and _
WHEREAS, one way the City implements the General Plan is with the issuance of
building permits and Title 12.24 sets for the requiremenu for public improvements noi
associated with a subdivision.
NOV1', THEREFORE; the City Council of the City of Chula Vista does hereby ordain as
follows:
I_ AMENDMENT TO CHULA VISTA MUNICIPAL CODE CHAPTER 12.24
That Chula Vista Municipal Code Chapter 12.24 shall be amended to read as follows:
12.2�.010 Purpose and intent of provisions
The City Council finds as follows: (A) that lack of sidewalks within the City ofien encouraees or
forces pedestrians to walk in the streets, subjecting them to the hazards posed by vetuculaz
traffic; (B) that during the rainy season, moving, high, and stagnant waters in ciry streets create
additional dangers and incom�eniences; (C) that streets and highways of inadequate width and
design hinder vehicular movement and increase congestion; (D) that the lack of curbs, storm
drain facilities and improved alleys results in poor drainage allowing for the collection of filth
and waste matter; (E) the lack of adequate street lighting reduces visibi]ity and allows for and
contributes to the criminal infringement upon the rights of persons and property. The City
Council, therefore, finds and declares all of the preceeding conditions to be dangerous to the
health, safety, and welfare of the inhabitants of the city and to ihe users of its streets and
highways.
It is the purpose of the City Council, in adopting the provisions of this chapter, to mitigate these
dangers; to the ea-tent reasonably_ possible, by imposing reasonable requirements of dedication
and street improvement upon individuals and corporations engaged in the development and
construction of buildings or structures that tend to increase demands upon the existing public
rights-of-way, streets; and hiah�;�ays �vithin the city and, thereby, increase the dan�er to the
public health and safetv.
18-56-
Ord;'nance \o. 3223
PaQe 2
It is the intent of City Council to accomplish this goal by applying the fundamental principles of
the California Subdivision Map Act to development in the city for which no subdivision is
necessary. Applicadon of these principles would impose reasonable requiremenu for the
dedication of right-of-way and installauon of public improvements in connection with such
development, ensuring tbat the cosu associated w�th additional risks to the health and safety of
the public and the burdens or demands upon exisring infrastructure that may result from such
development are bome by those causing the development. The nature and ex�tent of the
requirements imposed herein sha11 be limited to those dedicarions and improvemenu reasonably
related and roughly proportional to the impacts created or added and/or harm posed by the
development.
12.24.020 Definitions
A. "Alley' means a public or private way that is permanently reserved as a secondary means
of access to abutting property.
B. "Building" meat�s any structure used or intended for supporting or sheltering a use or
occupancy.
C. "Developmenr' means the erection, construction, enlarging, altering; repairing, improving,
converting, or relocation of any building on a parcel or propertr.
12.24.030 Dedications - Required
A. No building permit shall be issued for development in the city, the cost of H•hich
exceeds $50;000, until the owner of the parcel or property upon which the building is, or is
proposed to be, situated shall have provided, by means of an offer of dedicarion or other
appropriate conve}�ance, as approved by the Ciry Attomey, a dedication of the following:
l. Any necessary street, highway, or alley right-of-��ay, if such street� highway, or alley
rieht-of-way is shown or designated on the Street and Highway Element of the general plan of
the city or upon any specific plan adopted by the City Council, �s such may presently exist or as
they may, from time to time, be amended, in order to properly align, curb, gurter, sidewalk or
_ . paving �t�th the existing or planned improJements in the same block frontage, in accordance
w�th said general or specific plans or standards; and
2. Any necessary ciq� street that does not meet city standards, as such mav presently ea:ist
or as they may, from time to rime, be amended, in order to properly alim, curb, eutter, sidewalk
or pa��ing with the e�cisting or planned unpro��emenu in the same block frontage in accordance
with said city standards; and
3. Easements for storm drain or other public facilities necessary to properly align said
facilities w�th existing or planned public facilities, in conformance with the adopted general or
specific plans and studies as approved by the City Cotmcil; and
4. Any other easement necessary to connect said pazcel or property to an existing paved
roadw�ay; and
18-57
�ZOi[i3i�CZ�0. �_?J
Pa2e 3
B. The cost of development that u-iggers the obligation for dedication in sections
12.24.030(A) shall be adjusted in either of the following manners:
l. Automatically on an annual basis, starting October 1, 2012, based on the one-yeaz
change (from July to July) in the 20-City Average Building Cost Index as published by the
Engineering News Record from the date of the last adjustment; or
2. By City Council resolution adopting or amending a Counci] Policy in which an altemate
methodology for automatic, annual adjustmenu is identified or a different trigger amount is set.
12.24.040 [nstallallon of improvements—Required.
A. Subject to the exceptions and limitations in section 12.24.080, every person causing
development in the city, the cost of which exceeds $50,000, shall install, prior to the completion of
such development, the following:
1. Sidewalks; curbs and gutters; pavement in streets, highways and alleys from the gutter or
edge of travelway, if no gutters have been required, to the centerline or such portion of major
streets in the same manner and to the same extent as that required for subdivisions; and
2. Any necessary drainage faci(ities; and
3. Any necessary street lighting, including omamental lighting, where specific plans have
been adopted that include standazds of lighting requiring the installarion of additional lighting
units.
B. The cost of development that triggers the obligation for installation of unprovements
in sections 12.24.040(A) shall be adjusted in either of the following manners;
1. Automatically on an annual basis, starting October 1, 2012, based on the one-year
chas�ge (from July to July) in the 20-City Avera,a,e Building Cost Index as published b�� the
Engineering I�'eN�s Record from the date of the last adjustment; or
2. By City Council resolution adopting or amending a Council Policy in which an altemate
methodology for automatic, annual adjustments is identified or a different trigger amount is set.
12.24.050 Installation of public improvements- Standards
All public improvements required pursuant to this section shall be instal]ed in accordance with
and conform to all rules, regulations,. ordinances, city . standards and specifications, the .
circulation element of the �eneral plan of the city, and any specific plan adopted by the city.
18-58
O:dinance No. 3223
PaEe 4
12Z4.060 Installation of public improti�ements—Permits
Permiu required for construction of the public improvements idenufied in section 12.24.040
shall be secured prior to either the issuance of the building permit or the frame or electrical
inspection approval associated wzth the development.
12.24.070 Installatioo of public improvements—Prereguisite to issuance of certificates
I�'o final inspection. completion certificate, or certificaie of occupancy shall be issued for any
development occurring afrer July 18. 1969, until the development is in complete compliance wzth
the terms and requiremenu of this chapter.
12.24.080 Installation of public improvements—Exceptlons and limitations of obliga6on
The obligation to install public improvemenu idenriiied in secbon 12.24.040 shall be limited in
nahue and extent to those improvements reasonably related to and roughly proportional to the
danger to the health, safety, and general welfare of the general public and users of the city streeu
and high�vays and/or the additiona] burden on city faciliues that such development w1ll tend to
create. Additionally, the city may waive the requirement to install some or all of the public
improvements if:
A. Adequate improvements of the nature and type required already exist; and
B. The topography is such that the installation of the unprovements would be impracticable;
and
C. ]nstallation of improvements would be hazardous to pedestrians because of grade; and
D. The street or alley, for practica] reasons, has not or cannot be readily graded to the
established grade; or
E. The City Council has, by resolution, adopted a Council Policy establishing alternative
procedures for or other limitations on the requiremenf ro install public improvemenu.
12.24.090 InstallaHon of public improvements—Application for Waiver—Cootents and fees
The property owver or his agent may apply to the Duector of Development Services in writing
on a form prescribed by the Director of Development Services for a �vaiver of the some or all of
the requirements of CVMC 12.24.040. The application sha11 identify one or more of the
exceptions or limitations listed in section 12.24.080 as well as the facts supponine such claim of
exception or 1'unitation. The application shail be accompanied by all fees associated w�th
processing the request, including fees to cover the cost any investigation reasonably necessary
for ciry staff to ��erify the facts. These fees aze nonrefundable.
Followine the filing of a complete application for waiver, which includes pa}�nent of all fees, the
Director of Development Services shall cause the matter to be set for a noticed public hearing.
18-59
I
ARTTC[.E 1• PARTICIPA'I'ION In FUTURE PftOCGEDInGS
1.1 it is undersmod and aereed that Property O��mer shall a[ such time as a 1911 Ac[ or 1913 Act petition is
circul�ted, si_n said pcci:ion and [hat said Propeity O���ier doa 6ereby �vaive all rights to prorest in �tie
c�•em sucii a l97 1 or 1913 Act proceeding is insiimted or shall pay pro rata share.
AI2TiCLE II: DU{L4T10\ OF AGREENIENT
2,I This�A_reement shall be :ffnc[ive on the dxte it is e�e:uted by the]ast Patty io sien tlie Agrcancnt and sha!I
be eTecuve until all Improvements abuttir.g tl�e subject properiy are compie[ed to [he sx[isfac�io:i oC the
City[r._ir.er and actep:ed by d:e Ci�y. � .
ARTICLE III. RLA'ILDIES
3.1 6reacfi. It is undearood, a�reed and acl:no�vledeed by tlie Property O��mer Qiat, upon faiiure of the
prppeny O�cner, to Sign a 1911 Act or ]913 Ac[ peti[ion at such time zs said petition is circulated, or at
� si:th time as said Ptopern• Owner proeests such a 19ll or ]913 Act proceeding; the City may, out is not
� reeuired to. pursue any remedy, availablc at fa��� or equiry, and Propecty O�wier shail pzy rezsonablc
anomzvs' fees and rosts to oe ta�ed as a cost in said proceedines.
G19.1 A'o Lirnrrrniou nn Rei+redies. l�bthiu�z in tliis A�reement, indudine the Remedies identified in
� section 3, shall cmutitu�e a limitation on the remedics pro��ided at la�e or equity.
3? Costs. .Any ros�s asso:iated ���th enforcing the iernu and ronditions oC this Acrccment, ir,cfuding
anorneys' fees, shall be cl�ar�eable to the Propem�znd payabie by the Prope�7y Owner.
:�RTICLE I\'. INDEAINI"C1'S DUTY TO DIiFGND
4.1 lndemnificalion nnd Hold Harmless A�reemenL Property Owner agrees to defend, i�dcnmity, protcct,
and hold!;armless the Cig�, its a_ents, officers and employees, (rom and against all claims, demands,ca�.aes
of actiai, liabiliiy or ioss assened or estaolished for dama_es or injuries to any person a' prop:rty arisin;
out of or related to dtis Ae;eement. The indemnification and hold l�amiless obli�a[ion contained in ;his
� sec!ion includes dainu, demands, causes oC action, liability or loss asserted or established by the Propeny
� O�rner s einployezs, a:=en!s or otficers, or judgments at'isin� directly or indirectly out of or rcla?ed to tltis
A«rez:nent. Claims, demands. causes of action, liability or loss Ihat arise Gom, ar: connected �vith.. or are
- caused or claimed m b° caused by the acts or omission of the Properry Owner,the Propem�O�vner's acents,
oCfcea and employees are covered. Also co��e;ed are the daims, demands, causes oGactien, liabi?ity or
loss aris:i�e Prom, connected «rith, caused by, or daimed to be caused by the active or passi��e negligence -
acts or omissior.s of the City, its agents, efficers, or employees «�hich nmy be in combination �vith the
reeli=ence of th: Properry O��TCr, ia cmployees, a__ents ar officers, or any third party. The Proper���
O�vner's dury io oefend, indc:nnify, pirotea and hold harmless shafl not include any clainu or liabilities
arisine Gom :iie estabtished sole neeligenco or sole willful miscenduet of the Ciry, its aeents, o(�cers or
empiey°es. . �
� ? Lnforcemeut Cos�s. 'Il�e Property 0���'�cr aerees to pay any and all costs the City incua to :nCorce the
indemnity and defer.se provisior.s se� fonl� in scction �. If City chooses, at its o��m eleuion, �o cm:duci iu
o�vt: dcfense. pa!:icipate in its o��•n defense or obtain independeill legal cou�isel in defens^_ or any claim
rdated to o�orR provided under this Agrecmcnt, Properq� O�vner a<srees to pay the masonablc va;ue ef
attome��s' fzcs and all of City's reasonable cos�s. � - �
� ;.3 t�ull Foree :ind Effeet. This A;tfcle sl�zll remain in fiill force and ef(eci for one (I) year fol!o���ing -
zeceptznce of the Imorovements by tix Ciry. - . .
Page 2 �
9-7
18-60
�RTICLE V. ?�OTICES
- i.1 \\'ritine. Any d_mand upon or notir_ rcquired o: pernitted to oe siven oy one:Pa .ry m �'�e other Parry
� shall be ir���Ti:in�. _
5.? L[tecti�•e Date. Except as othern�se pro�8ded by ie:v, any denz,^.d upoa or r.otice reouired or oer,ri`ee �o
oe eiaen by or.e Parry to the e�ner Pzrry shall be eff:ctive: (i) on perso-al delivery, (ii) o� �he sernd
busiaess day zrer mzilins by cenifiec or :coste:ed U.S. �4ai1, ;e��m receipt reqeesmc, (iii) on ilx
succtedin� business day afia nuiL�Q by Espress Mail or aher deposit with a priv.te�delivm sen•ece oi
�ene:al ute (e.e., Fede�l�Exp*ess) postage or Fee prepaid as appropriate, or (iv) upor. �ucce>sfiii
[rnsntission ci Fcsimi!e.
:._ Rccinicnts. - -.
To the C:ry: Ciry of Chula Vista
276+ch A��e
� Chuia Vista,CA 4191D
� A;m: Devdopmer.t Sen�ices Deosrmunt - - -
Land Deveiop�nandPermiu Sec[ion
PropenyOnmer: [Insatlamej �
[[nsert Address) .
flnsert Ciq�,Stam, Zip]
. i.:} Chanoe of Address. Notifcation of a �har.ce of address shzll oe ei�•er. ic the manner cescr.bed in this
Artid:.
ARTICLE�'1. ltISCELL.a��E0U5
6.1 Hcadines. �Il artidc hrodin_s are for conver.irnce only and sh�ll not aften die inter�ret�!ion of this
� Aereement.
G? Gender S \umber. Whenever the co��ext requirrs, tne use iier.in-of(i) d�e neumr �ender incl�.ides �he .
masciiline and[he :`eminin: _'enders and(ii) the singularnumber includes!':��= o!un1 nur,iber.
63 Reference to Paraennhs. Each refcrence in this A_�reemem to a 5e�:ion refers,tmless ochernis^ s:a,cd. io
� - � " a section of ti»s .4�_rccment. -
C.�{ Incorooration of Recitals. All recitals herein are 9ncorporated imo this A�reemenr aad ere made a pzrt
liereof. � .
GS Co.'enanlz anJ Conditions. Atl provisions of this A;reeme,-:t�ecprzssed as eith°r covenxms or�condi;ions
on the part ei tht Ciry or tlie Propetty O��mer, sliall be deemed to be both covenants and coneitions:
G.G Lilceration. This Agreemen� and the reicrences inco:porated into ehis Aereement fully esprzss all
❑r.derstandyr.es of die Panies concernine ehe matters co��ered in this Aereem:nt. No chnnge, alteration, or
modii:cation of the t:m.is or conditions of d�is Aerecment_ ar,d r.o ti•crbal understandin_ of tF.e Pa7ies. their
oRcer,aePnts,or emp!oyees sha(I be valid unless made in the Cor:n oE a written chan�e aerzed to ir �aricim_
bv both Pa�ries or an a:�iendment to this Ae;eement aereed to in ��7itine by both ?arti^_s. f.11 erior
nesotiatims and aereemen¢are mer<_ed into diis A.reement. �
�,7 Se.�erabitih'. The un^nforr.aSility, invalidity, or ii{e�ality of a�y pro�'i<_ion eC this A_�ree-ent shzil na
rc�der any other provision of this A=reema-�t enenForceablq invzVid, or ilteeal.
Page 3
t896�
�
G.S Draftino 4mbiRuities. Tlie Par.ies a�ee tliat t7iey me a�vare diat tliey have die ri�ht to be udeised by
counsel �vith respect to the ne�_o:i2tions, terms and conditions of diis Agreement, and tlie decisioa of
�vhetlicr or noe m seck nd�'ic= of counsd �vith respect to this .4ereement is a dccisior., �vhich is th: sole
responSiSility o(each Party. Tliis Aereement shall not be construed in favor of or a�ainst either Party 'oy
:-easo:i o(th: c�tent to�vhich eath°�rty Darticipated in the drafdne of[im A:reemrnt.
G9 Cunilicts Bet�veen Ternu. If an apparent cor.flict or inconsistency ezists'oern�e:n zn applicable fc�era!,
smte, or local la�v, rule, re;ulation, order. or code and 0»s Agreement, the la�v, :ule, *egulation, orde;, or
code shall eonn'ol. Vzrying de��rees of stringency among tlm main body of this Agreement, and laws. rules,
� rcuulations. orders, or codes are not deemed conilicts, and tlie mos[ stcineent requiremenc shall contr�ol.
Lach Parry shall notify the other immedia[ely upon tlie identiScation o( any apparen[ coniiict or
incor.sistenry conceming this.4greement.
6.10 Furtlicr .4ssurances. City and Prop^_riy 0«^.�er each aerces to esecute �and deli��er sucl: edditional
documena as may be reqeired !o o(fernmte die purposes of this A^_reement.
G.11 Compii�nce �sith Coe�trolline La�r. Tl�e Property Oti�mer sl�all comp':y wid'� all la�vs, ordinances,
reeuiaiions, and nolicies oF lhe tederat. state, and local governments applicable ro d�is Aereemem. In
addition. the Property O��R�a sliall tomply immcdiately �vith all oirectives issued by :6e City or ils
au:liorized represe�:�tatives under authority of any laws, statutes, ordinances, n�les, or reeuiatior.s. The la�vs
of the Sta!e of Ca!iFomia shall eovern and con!rol the tenns�and condiuons of this Aereement. .
G,12 ,iurisdiction. \�enuc. and .attornec Fees. The ��tnuc for any sui! o: ptoceeding concernire this
A=recment, thc inreiprem!ion or app!ication of any of its tem�s, or zny rdared disputes siiall 'be in the
Coumy of San Die_�o, Smte of CaliCon:ia. The prevailii��: Pariy in any such suit or proceecine shall be
emitled to a reasonable award of attomey Cees in addition to any other au•ard made in sucli suit or
piroceeding. � ,
�,�3 \iunicipal Por�'ers. hothimt �ontained in diis Aereenxnt shall b� consm�ed as a limitation upon ihe
po��•ers of the Ciq� as a chanered ciry of the State of California.
�.�-! Third P�rtv Relations6ips. idothin�! in this A_reement shall create a cor,tractual relationship bem�een City
and any third patt}'. �
� G,15 Non-Assienment The Prope�7y O�wier shatl not assign the obli��ations under diis A_reement, �vl�ether by
espress assi�,nment or by sale oF the co;npany, nor any monies due or [a brome due, «•ithout :he City's
� � prior ��a'inen appre��al. Any assienment in violation of this para��raph shall constitule a Deraull and is
erow�ds fw' immcd•,ate temiina!ion of this A�reement, at thc sole distretion of tl�e City. Ir. no evcr:t shall
� any�utative assignment c;eate a contracwal relationship benveen 4'ie CEty and any pumtiae assienee.
6.16 No Protesf oC autliorit�� of thc Citv: By e�ecuting this Aereernent, Property O�vner anrecs tLat ilic Ciry is . .
ves�ed ��•ith the authoriry to require the Property O��mer io enter into said agreement and fi�rdier agrees not
ro protcst or thallenge i��any mamier die aforementioned authority.
� 6.17 ann��ocnl. \Vliere the consent or aparoval of a party is required or r.ecessary under ;his Aerecment, the
consent or apprcvel shall r,ot be unreasonably���ithhdd.
G.I S \�o \�'airer. Ab failu:e of eidier the City or the Propert�� C�vner to i�isist upon the strici performance 6y the
� other of any co�'emm�, �emi m�condition o(ti�is P.grecment, rior u4y failu;e-to e�crr.se any n��ht or remed}�
consequent upon a oreach of any� covenani, tenn, or condition of this r\greement, shall constitu!e a ��•ziver
' . ol�z:iy such breach of svth co�'en�nl, teini or condition. No waiver of any breacli shal! affect or alter tliis
� Aerecmen�, and each a��d e��ery col•enar.,, coodition, and temi herec(shall'continue in full force and eliect
� � io any e�istim_or subs:quen�breach. � � � �
Page 4
9-9
18-67
� C.19 Si�ninn Auchoric��. The rep;es^_m=:i•,�e ior each Par;y s _r.ii_� e:: oeh�lf os a co�ora!ion, par?iershi�, iair.t
rrnturc or ^evernmrntal cnti:y h:reSy dedares .hm authoriry has oeen ootained m sien on bel;zl(of th�
corporaiion� partnership. joiai vcnrure, or emity aad agrrs to hold the odier Pany or ?anies hereto
- � ha.^:.i!ess i(it is late:daivmined tha:scd�authoriw docs no:c�isi.
� G?0 4dnunisirati�•e Clairu Requirements and Procedcres. No suit or zrbir,ation shall tr_broueLt anr.n�eut
OI [Ci5 A�=reeme*t, d?21I75[C31t C12V uale�s a clain has tirst been nresen¢ed i;��rr�ir:e an� li1G�tt1Li L11^_ C!t)' '
a�d acted �!nor, by �he Ci.y in 2aordan�e ���it� the procedures set fo_h in Ghapter 13". eE the Clr•�3a Visia
M1?unicipal Code, as same moy from time .o ti.-n: be amtnded, the provisio:is ot�vhich a:e intc:po�ted Sy
this reierence as if Cully se! forth herein, and suct: aolicies a�e procedures used by the City i� �he
{-m]emeaietion oi szme. Upon r:ysest by Ciry, PermiZec s':iall meet and cor.fer in eooe faitn«^:tli Cirv fo,-
t!;e purpose of*esol�'ing eny dispute over the tem�s of this Agreement.
!\ t1'(T\ESS ��'HEREOF. �he P:�RTIE-S herno ha��e taused diis aereemrni :o bc e�ecuted the day and
vear i:^_reimba��e set (orth. `
CITl' OF CHUL.4 ViSTA
$IpflCd:
��[[:
� Tom Adle;or Kirk P.An'�nmmwn
!or Dircctor of Pubiic \Vorks/City Engineer
� (City Clz,-k to xttach acl:no�vledgmen!J
" � - - PROPERTY O�!\ER �
Date:
[lasert Prep^m O���er�ame]
Da�e:
[Insen Property Oomer?deme) � �
(Propern�O�rr,rrlsJ ro attach noron'ncAnairledy;nen!jor end�srgnnlon�.!
{Cwna'nt=At�rlmrrn�requirerl jor eacl+Signntor�•, ij npplirnble.l
1:\Er:aineer�°ER�t]TS�pD-Deferrals\PDsss A=reenxnt?�o�eo Contcst Assessmrnt Dstrice.doc
Pa�e >
1 �-��
ORDII��ANCE NO.
ORDIl�AIvCE OF THE CITY COUNCIL OF THE CITY OF
CHLiLA VISTA AMENDING TITL� 12.24 OF THE
AN��ICIPAL CODE RELATING TO THE THRESHOLDS FOR
THE I?�STALLATION OF PUBLIC INIPROVEMENTS
V��I-IEREAS, I't is the intent of the City Council to protect life and property and promote the
general welfare as well as enhance and improve the phpsical environment of the community,
sustainably; and,
�TTHEREAS; the City's General Plan Theme 4 is "Improved Mobilit;�", of which Goal 6.1
is "Safe; healthy, walkable and vibrant communities with a Balance ofjobs and housing" and Goal
63 is "A sustainable circul�tion / mobility system that provides transportation cl�oices and is �aell
integrated with the City's Land uses"; and,
���'I-�REAS, one H=ay tbe City implements the General Plan is with the issuance of building
permits and TiUe 12.24 sets for the requirements for public improvements not associated with a
subdivision; and,
\OW THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
fo11o���s:
I. AMENDA�ENT TO CHULA VISTA M[JNICIPAL CODE CHAPTER 12.24
That Chula Vista Municipal Code Chapter 12.24 shall be amended to read as fo11oH's:
Chapter 12:24
DEDICATIONS
Sections:
12.24.010 Purpose and intent of provisions.
12.24.020 Defmitions.
12.24.030 Dedications - Required.
12.24.040 Installation of public improvements—Required.
12.24.0�0 Installation of public improvements - Standards.
12.24.060 Installation of public improvements- Pemuts.
12.24.070 Installation of public improvements —Prerequisite to issuance of certificates.
12.24.080 Installation of public irnprovements —Exceptions and lunitations of obli�ation.
l 224.090 Installation of public unpro��ements —Application�for�a�aiver—Content and fees.
1224.100 Installation of public improvements—Application for v.�aiver—Hearing.
1224.110 Installation of public improvements-Appeal of director of development sen ices's
ruling
12.24.1 ZO Installation of public improvements—Appeal—Findings..
12.24.130 Installation of public improvements—Deferral of requirements.
9-11
18-64
0=dinance No.
Pa�e 2
12.24.010 Purpose and intent of pro�'isions
The City Council fmds as follows: (A) thai lack of sidewalks w:thin the City o$en encourages or
forces pedesRians to walk in the streets; subjectino:hem to the ha2ards posed by veh;culaz traffic;
, (B) that during the ra?ny season, movin2. high, and sta�ant�;�aters in city streets create additionzl
dangers and incon�zvences; (C) that streets and hi�hwaps of inadequa[e H�idth and desian hinder
��ehiculaz no��emen: and increase con2esfio�; (D)that the lack of curbs, storm drain �acilities and
improved 211eys results in poor drainaee allo�vine for the collection of filth and waste u�atter; (E)
the lack of adequa:e street li�hting reduces ��isibiliry and allo�;�s for and contributes to the criminal
infrineement upon the rights of persons and property. The City Council, the;e.`ore, :`mds and
declares all of the preceeding conditions to be dangerous to the health, safety, and welfare of the
inhabitants of the city and to the users of its streets and fughways.
It is the purpose of the Cit}� Council, in adoptirg the provisions oi this chapter; [o mitieate these
daneers, to the extznt reasonably possible, by imposing reasonable requirements oi dedication and
street improvement upon individuals and corporations enea2ed in the development 2nd
consvuction of buildings or svuctures that tend to incrzase demands upon the existiro public
rie�ts-of-�vay; streets, and highwa�s w�thin the ciry and, thereby; increase the daneer to the public
heal[h and safety.
It is the intent of C:n� Council to accomplish this goal by applying the fundamental principles of
the Califomia Subdi�lsion b4ap Act to development in the cih for���hich no subdi�2sion is
necessary. Applicztion of these principles would impose reasonable requiremenu io;the
dedication of right-of-way and installation of public unprovements in connection ��ich such
development, ensu:-ing that the cosu associated with addiiional risks to the health and safety of the
pu�lic and the bu=dzns or demands upon existin� infrastructure fhat may result from such
development are oome by those causing the development. The nahsre aad e�tent of the
requirements imposed herein shall be l'united to those dedications 2nd 'unprovements:easonably
related and roug}ily proportional to the impects created or added aa�d/or hami posed by the
de�elopment.
12.24.020 Definitions
A. "Alley"me2ns a public or private way ihat is permanendy reserved as a secondary means of
access to abutting property.
B. "Buildine" means any sh-ucture i:sed or intended for supporting or shelterine a use or
occupancy.
C. "Development"means the e;ection; construction, enlareli-�e; alcering; repairino, impro��ing,
convertine, or relocation of any building on a parcel or property.
12.24.030 Dedicafions - Required
A. No building permit shall be issued for development in the city, the cost o`which ezceeds
5�0;000, until the o�v�er of the pazcel or property upon ���hich the building is; or is proposed to be,
situated shall have provided, by mea.-LS of an offer of dedication or other appropriate convevance, as.
appro��ed by the Cit�-Attomey;a dedication of the follo�z��:
1 �=��
�
Ordinance\'o.
Page 3
1. Any necessary street, highway, or alley right-of-way, if such street, highwzy, or aliey
rieht-of-���ay is shown or desienated on the Street and Hieh���ay Element of the general plaa of the
cii7 or upon any specific plan adopted by the City Council, as such may presently exist or as they
may, from time to time,be amended, in order to properly align curb, gurter, sidewalk or paving
with the existing or planned improvements in the same block frontage, in accordance with said
general or specific plans or standazds;
2. Any necessary city street that does not meet city standards, as such may presentiv exist or
as they may, from Ume to Time, be amended, in order to properly ali�n curb, gutter, sideu�alk or
pa��ing with the e�isung or planned improvements in the same block frontage in accordance�a-7th
said ciry standards;
3. Easements for storm drain or other public facilities necessary to properly align said
faci]ities with existina or planned public facilities, in confonnance with the adopted general or
specific plans and studies as approved by the City Council; and
4. ,�ny other easement necessary to connect said parcel or property to an existing paved
roadway;
B. The cost of development that triggers the obligation for dedication in sections
12.24.030(A) shall be adjusted in either of the following manners:
1. Automatically on an annual basis, starting October 1, 2012, based on the one-pear change
(from July to July) in the 20-City Average Building Cost Index as published by the Engineering
Ne�a�s Record from the date of the last adjushnent; or
2. By City Council resolution adopting or amending a Council Policy in which an altemate
methodology for automatic, annual adjustments is identified or a different trig�er amount is set.
12.24.040 Insta{lation of improvements—Required.
A. Subject to the exceptions aud limitations in section 12.24.080; every person causing
development in the city; the cost of which exceeds $SO,D00, shall instail, prior to the completion of
such development,the following:
1. Side„�alks; curbs and gutters; pavement in streeu, highways and alleys from the �utter or
edge of travel���ay, if no wtters have been required, to the centerline or such portion of major
streets in the same manner and to the same extent as that required for subdivisions;
2. Any necessazy drainage facilities; and
3. Any necesszsy street lightine, including omamental lightin�, �i�here specific plans have
been adopted that include standazds of lighting requiring the installation of addiiional lighting
units;
9-13 -
18-66.
Ordinance No.
PaQe 4
B. The cost of development :hat tr;�gers the obli�a:ion for instalia7on of i�pro��zmenu in
sections 12.24.040(A) shall be adjusted in eitiier oi the follouin2 maainers:
I. Aufonatically on an annual basis; startiaQ Octobzr 1; 2012;based oa ihe one-year cn�ge
(from July to July) ia the 20-City Average Builcling Cost Indes as published 'a��the En�ineerirg
News Record from the date of the last adjustoent; or
2. By City Counci] resoluvon adoptine or a�-nending a Council Policy in w�hicn an altema[e
methodolo�� for automatic, annual adjustments is identified or a different trigaer amount is szt.
12Z4.050 Instal{ation of public improvements - Standards
All public imp*ovemeats required pursuant to this section shall be installed in accordance w�ith and
conform to all rules, rewlations, ordinances; ciry standards and specifications; the circulation
element of the eeneral plan of the city, and any specific plan adopted by the city.
12.24.060 Installadon of public impro��ements—Permits
Permiu required for construction of the public improvemenu identified in section 12.24.040 shall
be secured prior to ei�her the issuance of the building pernut or the frame or electrical inspection
approval associated with the developmznt.
12.L4.070 Installarion of public improvements—Prerequisite to issuance of ceriificates
\'o final inspection, completion ce*tificate, or certificatz of occupancy shall be issued for any
development occurring after July 18, 1969, until Lhe development is in completz compliance «�th
the terms and ;equirements of this chapter.
12.24.080 Installation of public improvements—Esceptions and limitations of oblipation
7�he obligation to install public improvements identified in section 12.24.040 shall be limited in
narure and extent 2o those improvements reasonably related to and roughly propor•.ional to the
�nger to the health, safety; and general welfare of the general public and users of the city sveets
and highw�ays andlor the additonal burden on ciry facilities that such developmer.t n�ll tend to
cre2tz. Additionalh�, the city may wai�-e the r�uirement to install some or all of the public
imp;ovements if:
A. Adequafe :mprovements of the nature and t}pe required 2lready exist;
B. The toao�raphy is such that the installation ofthe improvements would be impracticab!e;_
C. Installation of improvements would be hazardous to pedestrians because oi grade;
D. The street or ellzy; for praciical reasons, has not or car:not be readily 2raded io the
established �rade: or
189��
Ordinance No.
Pa�e 5
E. The City Council has; b}�resolution, adopted a Council Policy establishin� altemative
procedures for or other limitations on the requirement to install public improvements.
12.24.090 Installation of public improvements—Application for Waiver—Contents and fees
The property owner or his a�ent may apply to the Duector of Development Services in �vriting on
a form prescribed by the Director of Development Services for a waiver of the some or all of the
iequirements of CV"MC 1224.040. The application shall identify one or more of the esceptions or
limitations listed in section 12.24.080 as well as 2he facts supporting such claim of exception or
limitation. The application sha11 be accompanied by all fees associated with processing the
request, including fees to cover the cost any investigation reasonably necessary for city staff to
verify the facts. These fees are nonrefundable.
Fo11oN-ing the filing of a complete application for waiver, which includes payment of all fees,the
Duector of Development Services shall cause the matter to be set for a noticed public hearing.
19.24.100 Installation of public improvements—Application for waiver—Hearing
The Director of Development Services may approve,partially approve or deny a waiver of the
requirements to install improvements. A partial or full a waiver must be supported by written
findin�s of fact establishin� any one or more of the exceptions or limitations idenfified in section
12.24.080.
12.24.110 installafion of public improvements—Appeal of director of development services'
ruling—Application and fees
In the event that ihe Director of Development Services denies the request for a waiver of
obIigation to install improvements, the property owner or his agent may file an application with the
City Clerk to appeal such denial, which appeal shall be heard by the City Council. Said
- application must be filed within 10 days of the date on which the Director of Development
Services made his ruling,be accompanied by the required appeal fee, and include a��ritten
statement describin�the basis of the appeal.
Follo���ng the filing of a complete application, including all associated fees, a hearing before the
City Council sha11 be set for tlie next regularly scheduled meeting, or at such time thereafrer as
may be designated, to consider the appeal.
12.24.120 Installation of public improvements—Appeal—Findings.
Prior to overturning, in«�hole or in part, the Director of Development Service's ruling,the City
Council shall fmd either.
A. Tbe facts as presented at tUe hearin� before the Director of Development Services support
one or more of thejustifications for a w�aiver listed in section 12.24.080.
1 t3—�S
Ordinance No.
Page 6
B. The installation of some or all of the unprovements is not reasonably related to or roughly
proportional to the daneer to the health, safety, and general weifaze of the general public and/or the
additional burden on ciry faciliries that such development will tend to create.
12.24.130 Installafion of public improvements—Deferral of requirements
A. In the event that the installation of all or any of the improvements required by CVMC
12.24.040 would, if presently installed, create a hazazdous or defecrive condition or be impractical,
or if said installation of any or all of said improvements would be incompauble with the present
development of the neighborhood or be impractical or premarure because of the existing condition of
the surrounding property, or that it N�ould be desirable to instal] said 'unprovements as a part of ihe
overall plan for the development of public improvemenu in a certaio azea, the property owner or his
agent may apply to the City Engineer for a deferral of the requirements of this chapter, stating the
grounds and reasons therefore.
B. lf the City Engineer, at his discretion, feels that such erounds or exceptions aze reasonable
and thac the requested deferral should be granted, the City Engineer may defer imposition of ttie
requiremenu of this chapter on such applicant, subject to the conditions set forth herein.
I. The appiicant shall execute a deferral agreement through which the applicant
acknow�ledges his obligation to install the improvements at such ume as requested by the City
Engineer and agrees not to protest the formation of an assessment district or similaz mechanism
intended to finance the 'vnprovements.
2. The applicant for a deferral of such unprovements shall pay a fee as presently designated,
or as may be in the future amended, in the master fee schedule to cover investigation and processing
of such requests.
3. The applicant o��mer shall provide the City H�ith securiq• equal to the estimated cost of the
improvements, as approved by the city engineer. plus 10 percent of such cost. The security shall be
in the form of a bond, letter of credit,cash deposit, or a lien on the subject parcel.
a. A lien shall also provide for reasonable attorney fees and costs in the event that it
becomes necessary for the city to foreclose upon such lien.
b. The deferral agreement required in section 12.24.130(B)(1) shall stipulate that should
said lien be extinguished by foreclosure of prior ]iens or othenvise, the unprovements may be
installed or provided by the cih� and the cost thereof become a lien aeainst said property.
C. The denial of a request for a deferral of public improvements may be appealed to the cit}�
council in the same manner as provided for appeal of requesu for waiver of public improvements, as
set forth in CVVIC 12.24.110.
II. EFFECTNE DATE
That this Ordinance shall take effect and be in full force on the thirtieth day from and after
its final adoption.
9-16
18-69
I
Ordinance No.
Page 7
Presented by App ed as to orm by
;/ f�q -
Gary Halbert, AICP, PE y Ien R. Go gins
Assistant City Manager/ City Attorney
Development Services Director
9-17
18-70
FZESOLUTIO?�'N0.
RESOLUTION OF THE CITl' COUT�`CIL OF THE CITY OF
CHULA VISTA AA�I�'DII�'G CITY COIJNCIL POLICY 563-02
FOR ON-SITE IIvIPROVEMEA'T ACTNITY TO TRIGGER
ITSTALLATION OF PUBLIC IMPROVEh�NTS A,\iD
AUTHORIZING THE CITY ENGINEER TO ENTER I;�TO
DEFERRAL AGREEMEiv'TS WITH QUALIFIED APPLICAt��TS
WHEREAS, on February 23, 1993, the City Council adopted Council Policy 563-02; and
WHEREAS, the policy applies to ministerial applications that trigger the installation of
public unprovemenu; and
�'�'[�REAS, the Cit}• Council desires to update ihe requirements contained within said
policy and to authorize the City Engineer to enter into deferral aereements w�th qualified
applicants; and
WHERE.4S, Chula Vista Municipal Code secvon 2.04A10 provides that the City Council
may adopt policies by resolution.
IvOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby adopt the amended City Council Policy 563-02, "On-site Improvement
Activity to Trigger Installaiion of Public Improvements," and authorize the Ciry Engineer to
enter into deferra! agreemenu with qualified applicanu.
Presented by Approv d to by:
���/
Gary HalbeR, P.E,AICP R. Googiivs
Assistant City Manager/Development C' Attomey
Services Director
9-18
18-71
�TT�,L�EI1lT�
COUNCIL POLICY
CITl' OF CHULA VISTA
SUB.TCCT: FORI�1ATION OF ASS�SSMENT POLICY EFFECTIVE
DISTRICTS ��'ITH CIT1' P.ARTICIPATION FOR NUMBER DATE PAGE
CONSTRUCTION OF INFILL STR�TT
IMPROVEMENTS �OS-01 1 OF �
ADOPTED Bl': Resolution No. 11373 (8/30/33) DATED:
AMENDED BP: Resolution No. 2004-031 (1/27/04):
BACKGROUND
There are many properties �vithin the ���est�ern are� c�f the Ciry of Chula V ista (particularly in the �4ontgomer��
area)that do not have full srreet impro��ements. Comicil adopted Council Policy No. 505-01 by Resolution
No. 1 1373 on Aueust 30; 1953 to provide guidelines for t'he City's fiinancial participation in Assessmen[
Disu'ict formation under the 1911 f3lock Act Pro�ram. These guidelines addressed certain financial issues;
ho�ve��er. over time questions arose reeardin�district administration thaf were not addressed b��tl�is policy.
These issues include the acquisition of right-of-way and the application of deferral payments and a�reements
made for the construction of street impro��ements.
Additionallv. chan2es in assessmene law since 1983 have affected the establishment of these districts. The
process of fonnina Assessment Districts under the 1911 61ock Act has become more cumbersome since the
passage of Proposition Z 1 S. The 1933 policy st�ted th�t there ��ould be no City contribution to�vards the
construction of improvements adjacent to unde��eloped or commercial/industrial lots. The necessity of treatin�
�II properties in a district in accordance with Proposition 218 requires reconsideration of these i,sues.
These issues ���ere addressed as part of the polic�� revision approved by Council on January 27, 2004 b��
Resolution No. 2004-031. This re��ision �+�as also necessitated b�� the adoption of a new pro�ram for the
financine of infill street impro��ements in the �1ont�omery area called the CDQG Street Rehabilitation
Program Under this program, the Cih� financed all conslruction and design costs for infill street
improvements except for the construction of drive�vay aprons. All khe funds for this program ha��e been used,
and it is anticipated that similar funding will not be availa�le in the near future. T�herefore, the policy needs t�o
be re��ised in order to retlect the previous financina methodology.
PURPOSE
To revise the e�isting City policy on establishment of Assessment Dish icts for Ihe construction of infill street
impro��ements.
POLICY
The Cit�� Council establishes the follo�vin_policy for Ciry participation in the esiablishment of Assessment
Districts for the construction of infill street impro��ements:
j, (�Pneral Pr�rPriurP� �
a. Assessment Districts for the construction of infill street improvements ���ill be formed ���ith the
partici�ation of tl�e Cih� usin;eifher the Improvement Act of 191 I as enacted and 2mended in
the California Streets and Hi:h���ays Code (particularl�� Chapter 27 thereof, commonly referred
to as °The Qlocl: Acr')or the �lunicipal Improvement Act of 1913 (Division 12 of the
California Streets and Hiahways Code) as amended by City ordinances. The assessment
balloting process shall be conducted in acca�dance with Chapter XIIID of the California
Caistitution (Proposition 218) or ap��licable Srate law.
18-72
COUNCIL POLICI�
CITI' OF CHULA �1ST�
SUBJEG i': FORNL-ITION OF ASSESSAtENT POLICY EFFECTIVE
DISTWCTS ��'ITH CITS' P.aRTICIP.4TION FOR �TUnZBER J�,�T� PaGE
CONSTRUCTION OF II�FILL STREET
IA4PR0�'LAIENTS >0�-Ol 2 OF >
.-�DOPTED BY: Rzsolution No. 11373 (S/30/33) DATED:
?�A•fENDEDBY: ResolutionNo. 200=�-031 (1/27/0=#);
b. \Vhere a minimal numbzr of property owners in a block ha��e infill street improvements and it
�aould be impractical to forni an Assessment District, Council ma}�authorize the Cin•to enter
into a reimbursement aereement��•ith an individual propem�o���ner for the financin_of the
property o���ner's share of construction costs in accordance �vith Chula Visia �lunicipal Code
Chapter 1>.�0. Said a_reement shall be for a masimum term of ten years.
?, fli¢trirt C'�m�,¢iti�n�
a. A District is comprised of both sides of a public street beh��een t�+�o intersections. �ahzrz both
sides of the public street do not ha�-e full improvements (includine curbs, gutters and
sidewalks). A public street shall be defined as riaht-of-���a�-dedicated to and accepted by the
Cit��a;a public road�aa�-_ ordedicated to another public agency as a public road���a�•and
acquired by the City, which pro��ides priman•access to adjoinin� properties.
b. ��'here full impro��emen[s have alreadv been constructed on one side of a public street, a
District �aill be comprised of that side of such public street behveen intersections on �vhich
full improvements have not been constructed.
c. At the option of Council and if properh�owners indicate such an inierest, the District ma�•
include additional contisuous block; in the District in conformance ���ith 2a. and 2b. abo��e.
d. Cit}�participation in Disirict forma[ion in areas with a primar�� land use designation a;
commzrcial and/or industrial shall be limited to the overlav or reconstruction of existing
road���a�•travel areas, «�ith the esception of occasional commercial properties(such as corner
lots) located in areas primarily classified a; re;idential. In the latter instance, such
commercial properties shall be treated in the same �va}�as adjoining residential propertizs.
e. The Cit�• shall not participate in the formation of a District for a block which is primarih•
undzveloped. \Vhere isolated undeveloped properties are bcated in a block ��-hich is
othenvi;e de��eloped, the City�vill provide the same benefits pro��ided to developed lots if
asreement can be reached �vith the owner of such unde�-eloped properh� ���hich �vill include the
location and ���idth of dri��ewavs. If asreement is not reached, the City shall construct
pavement to the �vidth ���here the curb and eutter ���ould ha��e been constructed, but install an
asphalt berm in place of curb, eutter and side���alk.
f. Thz Cit�- shall not participate in District formation for improaements to private streets.
e. The Citv'; financial participation in Di;trict fomiation for improvements ro public alle�•s shall
bz limited to utilit�� relceation, replacement of e�isting improvements and all ensinzering,
inspection and administrati�•e sen•ices. Public alleys are defined as ri?ht-of-wa�•dzdicated to
or aceepted b�� the City as a public roadwa�•,or dedicated to another public aQene��and
arnnirerl hv ihP.('itv whinh arnrrallv nrrn�iflec :Prnnflarv ACCP.CC f(1 IIIP.AfIlNnitlO rNfAIP.�'fIP.0
18-73
COUNCIL POLICl'
CIT1' OF CHULA VISTA
SUB.JECT: FORIVI.4TION OF ASSESSMENT pOLICY EFFECTI�'E
DISTWCTS �V'ITH CIT1' PARTICIPATION FOR NUAZBER DATE PaGE
CONSTRUCTION OF INFILL STRE�T
IA4PROVEM�NTS �0�-01 3 OF �
ADOPTED BY: Resolution No. 1]373 (S/30/S3) DATED:
AMENDED Bl': Resolution No. 2004-031 (l/27/04):
alonR the sides or rear of such properties.
3. Riaht�f l�/av Ic¢nea�
a. h is desirable for the Cit�� to have the standard 56 feet �vidth right of�3�ay for construction of
Pull street improvements on both ;ides of a t�a�o-way sh�eer, ho�a-ever, at N�e sole discretion oP
the City Manager(or designee); the acceptable right of U�ay ���idth for construction of street
improvements may be reduced on a project—by—�xqject basis to a minimum of 46 feet.
b. If esistin�street riRht is less than 46 feet, right of way acquisition �aill be required. Property
o��mers ���ithin the proposed District bomidaries must unanimously agree to dedicate sufficient
riaht of�s-ay to meet this requirement to the City at no cost to the City in order for District
formation to proceed. The City �+�ill not pay for righC of�+-ay acquisition or undertake
condemnation proceedings tmder this policy.
4. nef rrale
6i aeca�dance �vith �9unicipal Code Seetioi�s 1224.040 through 12.24.130Yproperty o�+�ners �vho
construct improvements on rheir properties above a s��ecific value are requireci to construct infill
street impro�-ements. Tl�ey may ap��ly for a deferral on consCrucCing such improvements based on
the esistinrt conditions of the sunroundin�area. If the deferral application is appro��ed, the
property o�vner must sign an agreement with the City, N�hich is secured throu�h a lien on the
propem�, by payment of a cash deposit or other method appro��ed by Council on an indi��idual
basis.
a. If the deferral is secured by a lien; the lien or portion of the lien associated �+�ith the deferral of
construction of infill street improvements to be installed �nd financed through an Assessment
District will be released after fa mation of such Dist�rict includin�such �ropertv has been
accepted as complete bv the.City Council and/or Cit}� Manager. This properry �a�ill be
assessed for the special benefit received by such property from the improvements to be
financed through the ne�v District in accordance with npplicalile seetions of the California
Streets and Hieh�aavs Code.
b. If the defen�al is secured by 2 cash bond coverin�n the cost of curb, dutter and sidewalk, such
bond plus the interest that has or should have accumulated since the date of pa��ment�aill be
applied as a credit to be subfracted from the portion of Districl costs aliocated ro the properh�.
This �+�iil only�pply to the amount paid to co��er tl�e cost of the {�ortion of the public street or
E�ublic alley to be installed and financed throuoh the Dish�iet.
c. After formation of the Disu'ict and construction of all facilities is complete, it���ill be
determined if the cin�rent o�vners of the�xo��erties with c;�sh bund deferrals are eli�ible to
ivrPiva refiinric Thr nnrfinn nf Yha rach hnnri sccnrintarl �uith infiill i�nnrn�iemP.nfc Tnr thr
18-74
COUNCIL POLICl
CITY OF CHULA �ZST�1
SUBJECT: FORni.aTION OF ASSESSA4ENT POLICY �FFECTI�'E
DISTRICTS «`ITH CITI' PaRTICIPATION FOR NUnfBER DATE PAGE
CONSTRUCTIOti OF I1�FILL STREET
I?��PROV-EA'IEN�I'S �0�-O] 4 OF �
ADOPTED BY: Resolution No. 11373 (S/30h3) DATED:
aA1ENDED Bl�: Resolution No. 2004-031 (I/Z i/0=1):
street or allev installed and financed throu�h the District �vill be determined and added to the
interzst �vhich the Cit��has or ���ould ha��e earned on this amount from the quarter��-hen the
deposit �vas made to the quarter�ahen the consh uction contract ���as a�varded. The amount
payable b�- the propem�o�vner under the District �+�ill be subtracted from the cash bond plus
interest. If the resultina difference is positive, such difference shall be refunded to the
propert��o�+�ners. _ ,
d. Should the provisions of Section 4, I�eferrale conflict ��-ith the provisions of a Defzrral
Asrezmznt properh�e�ecuted by the Citv desi:nee and the properh� oo'ner prior to approval of
this Council Polic��. the Deferral Aereement will eovern.
j, C'nat�man� Finanrial Particinatinn in A¢¢e¢ement f)i¢trict Finan�ino
The iollo���ine shall be the policy for Cih•and propert�� o�aner participation for areas that qualify
for Cit�� participation in .4ssessment District fonnation:
a. The Cih•will pay for the follo�ving costs for non-corner lots through the City`s Capital
Impro�-ement Proeram:
i. .All engineering inspection and administrati��e services nzcessary[o foim die
Assessment District and dzsien and construct the improvements;
ii. Relocation of all public impro�•ements found to be in conFlict with the proposed strzet
improvemert consvuction. Such conFlictins impro��ements shall include, but not be
limited ro: street lishts. traffic sisnal standards. draina�e struciures. fire hvdrants.
other utilities.etc: �
iii. Resurfacing and/or reconsiruction of the existing pa��ed road���ay �vhere needed;
i��. Replacement of pri�-ate improvements outside the existing public road rieht-of-�+•ay
b. The property o�vner«•ill pay for ihe follo���ina costs for non-corner lots:
i. .�II construction custs not itemized in 6a. abo��e indudin_, but not limired ro, curb,
euttzr and sidewalk, dri��e��•a�•aprons, and additional pa��ed surfaces:
ii. Repair or replacement and relocation of esisting pri�•a[e impro��emen[s encroachins on
the esistine road ri�ht-of-�+�a��
c. For corner propertie; ���here both sides of the propem•are mi:sing full street improvements,
the followine impro��ements ���ill be paid by the City in addition to the items listed in 6a.
abo�•e. Note that the front lot linz shall be defined as the shorter of the h�•o adjacent street lot
lines and the ;ide lot line shall be defined as the loneer of the t��•o.
i. Curb, gutter and sidewalk. pedestrian ramp and pa��ement locared bet�+�een the curb
retum at the front lot line and the curb return at the side lot line
ii. Curb. gutter and sidz���alk and pavement located alon� half the parcel`s side lot length
d. For dual frontaQe lots ���hzre both sides of the properiy are missing full street improvements,
fiP fnlln�vina imnrrn�amPnfc ���ill hP nairi hv rhr. ('.itv in arl�litinn tn tba itrmc IictPri in (.a
18-75
COUNCIL POLICY
CITY OF CHULA VISTA
SUB.J�CT: FORIVIATION OF ASS�SSMENT POLICY EFFECTIVE
DISTRICTS ��'ITH CITY PARTICIPATION FOR NUMBER DATE PAGE
CONSTRUCTION OF INFILL STR��T 505-01 � OF 5
IMPROVEn7ENTS
ADOPTED BY: Resolution No. 11373 (8/30/33) DATED:
An9ENDEDBY: ResolutionNo. 2004-03] (1/27/04);
above. The property o�n�ner is responsible for paying costs itemized in 66. for the front side.
Dual fi�ontaee lots are defined as lots having fi�ontage on t�vo parallel or approsimately parallel
streets, one of�vhich may be a public alley.
i. Install pa�-ement(if non-e�;istent) for the roadti�ay adjacent to the parcel's entire rear
lot line:
i i. Resurface and/or reconstruct the iroad���ay acljacent to the parcel's entire rear lot
fi�onta,e if needed.
6. Pr��� rfv(l�vner 1=inan�ina
At the discretion of CounciL City may offer financing of the propeity o���ners' share at a masimum
of seven percent inrerest for a masimum period of ten }�ears, for Assessment Districts formed
under either the 191 1 I31ock Act or the Mtmicipal Improvement Act of 1913. Based on the amount
to be financed in a particular District and the prevailintr interest rate offered by lending institutions
and Citv rate of remrn on in��estment the City may decide to offec �+�iCh Council appro��al,a lo���er
interest rate and/or a shorter masimum repayment period.
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18-76