HomeMy WebLinkAboutAgenda Packet 2017_05_16May 16, 2017City Council Agenda
PRESENTATION OF A PROCLAMATION COMMENDING
REPUBLIC SERVICES COMMERCIAL ROUTE DRIVER
SILVIANO MACIAS FOR 43 YEARS OF DEDICATED
SERVICE
17-0197D.17-0197
CONSENT CALENDAR (Items 1 - 4)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, a member of the public, or staff requests that an item
be removed for discussion. If you wish to speak on one of these items, please fill out a
“Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the
meeting. Items pulled from the Consent Calendar will be discussed immediately following
the Consent Calendar.
APPROVAL OF MINUTES of April 27 and May 2, 2017.17-02011.17-0201
Council approve the minutes. Staff Recommendation:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 1.41.110 TO
INCREASE THE MAXIMUM DAILY CIVIL PENALTY
AMOUNT; AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 5.66 TO SPECIFY THAT ALL COMMERCIAL
MARIJUANA ACTIVITY IN THE CITY OF CHULA VISTA IS
PROHIBITED; AND AMENDING CHULA VISTA MUNICIPAL
CODE CHAPTER 9.14 TO ADD MARIJUANA AND OTHER
CONTROLLED SUBSTANCES TO THE EXISTING SOCIAL
HOST REGULATIONS (SECOND READING AND
ADOPTION)
17-02042.17-0204
City Attorney Department:
This activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Notice:
Council adopt the ordinance. Staff Recommendation:
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May 16, 2017City Council Agenda
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
O RDINANCE NO. 2533, RELATING TO THE
ESTABLISHMENT OF THE TELEGRAPH CANYON SEWER
BASIN DEVELOPMENT IMPACT FEE (SECOND READING
AND ADOPTION)
17-02033.17-0203
Development Services Department Department:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. In addition, notwithstanding the foregoing, the
“Project” also qualifies for an Exemption pursuant to Section
15061(b)(3) of the California Environmental Quality Act State
Guidelines.
Environmental Notice:
Council adopt the ordinance. Staff Recommendation:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING THE PROCUREMENT OF
EMERGENCY STORM-RELATED SERVICES, AND
AUTHORIZING PAYMENT FOR SUCH SERVICES
PERFORMED BY ATLAS ENVIRONMENTAL SERVICES,
INC., ARBOR WEST TREE SURGEONS, WEST COAST
ARBORIST, AND S&J BUILDERS AND RESTORATION
SERVICES, INC.
17-00664.17-0066
Public Works Department Department:
The Project qualifies for a Categorical Exemption pursuant to the
California Environmental Quality Act State Guidelines Section 15304
Class 4 (Minor Alterations to Land) and/or Section 15301 Class 1
(Existing Facilities).
Environmental Notice:
Council adopt the resolution. Staff Recommendation:
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject matter
within the Council’s jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Council from discussing or taking action on any issue not included
on the agenda, but, if appropriate, the Council may schedule the topic for future discussion
or refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If you
wish to speak on any item, please fill out a “Request to Speak” form (available in the lobby)
and submit it to the City Clerk prior to the meeting.
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May 16, 2017City Council Agenda
CONSIDERATION OF THE FORMATION AND
ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT
NO. 19M (FREEWAY COMMERCIAL 2), CONDUCTING A
SPECIAL ELECTION THEREIN, AND AUTHORIZATION TO
LEVY A SPECIAL TAX THEREIN
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA FORMING AND ESTABLISHING
COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY
COMMERCIAL 2), AND AUTHORIZING SUBMITTAL OF
THE LEVY OF SPECIAL TAXES TO THE QUALIFIED
ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 19M (FREEWAY COMMERCIAL 2),
DECLARING THE RESULTS OF A SPECIAL ELECTION IN
SUCH COMMUNITY FACILITIES DISTRICT
C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY
COMMERCIAL 2), AUTHORIZING THE LEVY OF A
SPECIAL TAX IN SUCH COMMUNITY FACILITIES
DISTRICT (FIRST READING)
17-00385.17-0038
Development Services Department Department:
The Project was adequately covered in previously adopted/certified
Final Second Tier Environmental Impact Report (EIR 02-04) and
Addenda to EIR 02-04 for the Otay Ranch Planning Area Twelve
Freeway Commercial Sectional Planning Area (SPA) Plan.
Environmental Notice:
Council conduct the public hearing, instruct the City Clerk to tabulate
the ballots, adopt the resolutions, and place the ordinance on first
reading.
Staff Recommendation:
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May 16, 2017City Council Agenda
CONSIDERATION OF AMENDING CHAPTER 19.14 OF
THE CHULA VISTA MUNICIPAL CODE PLANNING AND
ZONING SECTIONS
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 19.14 OF THE CHULA VISTA MUNICIPAL
CODE (CVMC) BY ADDING A NEW SECTION CREATING
AN INITIATION PROCESS FOR AMENDMENTS TO THE
GENERAL PLAN, SECTIONAL PLANNING AREA PLANS,
GENERAL DEVELOPMENT PLANS, SPECIFIC PLANS,
PRECISE PLANS (LAND USE PLANS) AND FOR
REZONING (FIRST READING)
17-00496.17-0049
Development Services Department Department:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. In addition, notwithstanding the foregoing, the
“Project” also qualifies for an Exemption pursuant to Section
15061(b)(3) of the California Environmental Quality Act State
Guidelines.
Environmental Notice:
Council conduct the public hearing and place the ordinance on first
reading.
Staff Recommendation:
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council and are expected to elicit discussion and deliberation. If you wish to speak on any
item, please fill out a “Request to Speak” form (available in the lobby) and submit it to the
City Clerk prior to the meeting.
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May 16, 2017City Council Agenda
CONSIDERATION OF AMENDING MUNICIPAL CODE
CHAPTER 2.36, HUMAN RELATIONS COMMISSION (This
item was continued from 5/9/2017.)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.36,
“HUMAN RELATIONS COMMISSION” (FIRST READING)
17-01807.17-0180
City Manager Department:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15606(c) (3) no environmental
review is required.
Environmental Notice:
Council place the ordinance on first reading and direct the City Clerk
to begin the recruitment process.
Staff Recommendation:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE COMMUNICATIONS
PLAN TO BETTER COMMUNICATE OFFICIAL CITY
POLICIES RELATED TO IMMIGRATION ENFORCEMENT
AND TO BETTER CONNECT CITY RESIDENTS WITH
AVAILABLE IMMIGRATION AND CITY SERVICES
17-01968.17-0196
City Manager Department:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Notice:
Council adopt the resolution. Staff Recommendation:
CITY MANAGER’S REPORTS
MAYOR’S REPORTS
COUNCILMEMBERS’ COMMENTS
ADJOURNMENT
in memory of Lorna Mae Kehaulani Wilson, January 1, 1956 – April 27, 2017
to the Special City Council Meeting on May 22, 2017, at 5:00 p.m., in the Executive
Conference Room, and thence to the Regular City Council Meeting on May 23, 2017, at
5:00 p.m., in the Council Chambers.
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May 16, 2017City Council Agenda
Materials provided to the City Council related to any open-session item on this agenda are available
for public review at the City Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A,
during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activity, or service, contact the City Clerk’s Office at (619)
691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Most Chula Vista City Council meetings, including public comments, are video recorded and aired live
on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista),
and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m.
(both channels) and are archived on the City's website.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
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City of Chula Vista
Staff Report
File#:17-0131, Item#: A.
EMPLOYEE SERVICE RECOGNITION HONORING STAFF WITH MILESTONE SERVICE
ANNIVERSARIES
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City of Chula Vista
Staff Report
File#:17-0175, Item#: B.
PRESENTATION OF A PROCLAMATION TO PUBLIC WORKS DIRECTOR RICK HOPKINS AND
ASSISTANT DIRECTOR IRACSEMA QUILANTAN PROCLAIMING MAY 21 THROUGH MAY 27,
2017 AS PUBLIC WORKS WEEK IN THE CITY OF CHULA VISTA
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City of Chula Vista
Staff Report
File#:17-0183, Item#: C.
PRESENTATION OF A PROCLAMATION TO PRINCIPAL CIVIL ENGINEER FRANK RIVERA
PROCLAIMING MAY 2017 AS NATIONAL BIKE MONTH IN THE CITY OF CHULA VISTA
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City of Chula Vista
Staff Report
File#:17-0197, Item#: D.
PRESENTATION OF A PROCLAMATION COMMENDING REPUBLIC SERVICES COMMERCIAL
ROUTE DRIVER SILVIANO MACIAS FOR 43 YEARS OF DEDICATED SERVICE
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City of Chula Vista
Staff Report
File#:17-0201, Item#: 1.
APPROVAL OF MINUTES of April 27 and May 2, 2017.
RECOMMENDED ACTION
Council approve the minutes.
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City of Chula Vista
Meeting Minutes - Draft
6:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Thursday, April 27, 2017
CITY COUNCIL WORKSHOP
Special Meeting of the City Council, the Planning Commission and the Growth
Management Oversight Commission of the City of Chula Vista
CALL TO ORDER
A special joint meeting of the City Council, Planning Commission and Growth Management Oversight
Commission of the City of Chula Vista was called to order at 6:13 p.m. in the Council Chambers, located
in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL - CITY COUNCIL
Present:Councilmember Diaz, Councilmember Padilla and Mayor Casillas Salas
Excused:Deputy Mayor McCann
Absent:Councilmember Aguilar
ROLL CALL - PLANNING COMMISSION
Present: Commissioners Anaya, Calvo, Liuag, Zaker, and Chair Gutierrez
Absent: Commissioner Nava
ROLL CALL - GROWTH MANAGEMENT OVERSIGHT COMMISSION
Present: Commissioners Caudillo, Juarez, Lengyel, Mosolgo, Rosales, and Zaker
Absent: Commissioners Alatorre, Hooker, and Chair Torres
Also Present: City Manager Halbert, Deputy City Attorney Shirey, and Assistant City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Commissioner Zaker led the Pledge of Allegiance.
WORKSHOP
1.17-0076 REVIEW AND CONSIDERATION OF THE GROWTH MANAGEMENT
OVERSIGHT COMMISSION’S (GMOC’s) 2017 ANNUAL REPORT FOR
FISCAL YEAR 2016
A. RESOLUTION NO. MPA16-009 OF THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA ACCEPTING THE GMOC’s 2017
ANNUAL REPORT FOR FISCAL YEAR 2016, AND RECOMMENDING
ACCEPTANCE BY THE CITY COUNCIL
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April 27, 2017City Council Meeting Minutes - Draft
B. RESOLUTION NO. 2017-065 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE GMOC’s 2017 ANNUAL
REPORT FOR FISCAL YEAR 2016, AND THE RECOMMENDATIONS
PRESENTED IN THE STAFF RESPONSES AND PROPOSED
IMPLEMENTING ACTIONS SUMMARY
Growth Management Oversight Commission (GMOC) Vice Chair Mosolgo presented the GMOC annual
report. He reported non-compliant threshold standards for the following areas and provided the
Commission's recommendations. Associate Planner Vander Bie provided staff responses to each item.
- Libraries
- Police, Priority 1 and 2
- Traffic
- Fire/Emergency Medical Service (EMS)
- Parks & Recreation
Staff responded to questions and comments from Council and Commissioners.
A motion was made by Planning Commissioner Gutierrez, seconded by Planning
Commissioner Calvo, that Planning Commission Resolution MPA-16-009 be
adopted. The motion carried by the following vote:
ACTION:
Yes: 5 - Anaya, Calvo, Liuag, Zaker, and Gutierrez
No: 0
Abstain: 0
A motion was made by Mayor Casillas Salas, seconded by Councilmember
Padilla, that Resolution No. 2017-065 be adopted, heading read, text waived. The
motion carried by the following vote:
ACTION:
Yes:Diaz, Padilla and Casillas Salas3 -
No:0
Abstain:0
CITY MANAGER’S REPORTS
There were none.
MAYOR’S REPORTS
There were none.
COUNCILMEMBERS’ COMMENTS
There were none.
ADJOURNMENT
At 7:01 p.m., Mayor Casillas Salas adjourned the meeting.
_______________________________
Kerry K. Bigelow, Assistant City Clerk
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City of Chula Vista
Meeting Minutes - Draft
6:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, May 2, 2017
MAYOR MARY CASILLAS SALAS
STATE OF THE CITY ADDRESS
A special meeting of the City Council of the City of Chula Vista was called to order at 6:04 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember
Padilla and Mayor Casillas Salas
17-0179 STATE OF THE CITY ADDRESS
WELCOME
City Attorney Googins welcomed the audience to the 2017 State of the City Address, and introduced
special guests and dignitaries present at the meeting.
COLOR GUARD PRESENTATION
Eagle Scout Troop 5 from Corpus Christi Catholic Church presented the colors.
PLEDGE OF ALLEGIANCE TO THE FLAG
City Attorney Googins introduced Girl Scout Troop 5250, who led the Pledge of Allegiance.
NATIONAL ANTHEM
Ian Canonizado, Veterans Elementary student, performed the National Anthem.
INVOCATION
City Attorney Googins introduced Rabbi Dr. Michael L. Samuel of Temple Beth Shalom, who offered the
invocation.
COMMUNITY AWARDS PRESENTATION
Members of the Council presented community awards. Mayor Casillas Salas recognized Susana Juarez
of ACCE San Diego. Deputy Mayor McCann recognized Amy Wise of R.I.S.E. to Empower.
Councilmember Aguilar recognized Jorge Patrick Macfarland. Councilmember Diaz recognized Jose
Guadalupe Solis Montoya. Councilmember Padilla recognized Francine Maigue.
STATE OF THE CITY ADDRESS
City Attorney Googins introduced Mayor Casillas Salas.
Mayor Casillas Salas presented the State of the City Address.
ADJOURNMENT
At 6:54 p.m., the meeting was adjourned to a reception.
_______________________________
Kerry K. Bigelow, Assistant City Clerk
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City of Chula Vista
Staff Report
File#:17-0204, Item#: 2.
..Title
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE
SECTION 1.41.110 TO INCREASE THE MAXIMUM DAILY CIVIL PENALTY AMOUNT; AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 5.66 TO SPECIFY THAT ALL COMMERCIAL
MARIJUANA ACTIVITY IN THE CITY OF CHULA VISTA IS PROHIBITED; AND AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 9.14 TO ADD MARIJUANA AND OTHER CONTROLLED
SUBSTANCES TO THE EXISTING SOCIAL HOST REGULATIONS (SECOND READING AND
ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
Staff is recommending that the City Council adopt the proposed Ordinance in order to increase the
maximum daily civil penalty amount for violations of the Chula Vista Municipal Code, clarify that all
Chula Vista-based commercial marijuana activity is currently prohibited in the City of Chula Vista, and
add both marijuana and controlled substances to the City’s current social host regulations. The
provisions prohibiting all commercial marijuana activity would remain in effect pending further
discussion and examination of the City’s position as to marijuana businesses, but will not prevent the
City from changing its position at a future date. This proposed ordinance is recommended at this
time to provide clarity to residents and visitors, enhance public safety pending any future changes
that may be made at either the state or local level, increase the effectiveness the City’s municipal
code enforcement efforts, and hold persons accountable for failing to take reasonable steps to
prevent minors from consuming marijuana and other controlled substances at private gatherings.
ENVIRONMENTAL REVIEW
Environmental Notice
This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality
Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section
15378 of the state CEQA Guidelines because it will not result in a physical change in the
environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to the CEQA.
BOARD/COMMISSION RECOMMENDATION
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Not Applicable
DISCUSSION
In response to the challenges and confusion facing local jurisdictions as a result of recent changes to
state law regarding marijuana, Staff recommends that the City provide clarity regarding the current
status of commercial marijuana activity in the City of Chula Vista, that the City enhance its
enforcement capacity in response to recalcitrant municipal code offenders, and that the City take
steps to expand its social host ordinance to include marijuana and other controlled substances.
Updating the CVMC to Address Proposition 64
In 2011, the Chula Vista City Council enacted chapter 5.66 of the Chula Vista Municipal Code
prohibiting medical marijuana businesses from operating in the City of Chula Vista. Chapter 5.66 did
not address recreational marijuana businesses, as recreational marijuana businesses were
prohibited in California at that time.
As the City Council is aware, California voters approved Proposition 64 in November 2016, which de-
criminalizes personal, recreational use of marijuana for individuals over 21 years of age in limited
circumstances. Proposition 64 also directs the state of California to promulgate regulations for a
wide-range of commercial recreational marijuana activities and to begin issuing licenses for such
activities beginning in January 2018. It is anticipated that the regulation and licensing of recreational
marijuana businesses will be similar in many ways to the licensing and regulation of medical
marijuana businesses outlined in the Medical Marijuana Regulation and Safety Act; medical
marijuana business licenses are also scheduled to be issued in January 2018. Given the rapid
legislative changes in this area and marijuana’s status under federal law, California State authorities
are currently in the midst of drafting and finalizing all commercial marijuana rules and regulations,
both recreational and medical, in anticipation of the 2018 state law deadlines.
While both Proposition 64 and the Medical Marijuana Regulation and Safety Act expand state law to
allow and regulate certain types of marijuana activity, each also explicitly preserves local government
control over land use and zoning principals in accordance with the California Constitution. In practical
terms, this means that municipalities may still choose whether to allow or prohibit commercial
recreational and medical marijuana businesses in their respective jurisdictions. It should be noted
that local governments are preempted from interfering with certain personal uses of marijuana.
Staff recommends that the City of Chula Vista amend its current marijuana ordinance to more closely
track the definitions outlined in both Proposition 64 and the Medical Marijuana Regulation and Safety
Act, and to address the operation of both recreational and medical marijuana businesses in the City
of Chula Vista. The proposed amendments contained in the attached ordinance would do just that.
The proposed ordinance would amend Chula Vista Municipal code chapter 5.66 to specify that it
applies to all commercial marijuana activity identified in Proposition 64 and the Medical Marijuana
Regulation and Safety Act. The changes to chapter 5.66 include new definitions that mirror the
definitions contained in newly passed state laws. Using such definitions will streamline
understanding of the regulations and ensure that they encompass all identified commercial activities
outlined in state marijuana laws. The proposed changes also reflect the fact that civil and criminal
remedies include injunction actions.
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File#:17-0204, Item#: 2.
Amending the CVMC to Increase the Maximum Daily Civil Penalty to $2,500
Despite a mixture of successes and frustrations, City staff remain committed to enforcement efforts
against marijuana businesses that operate in violation of local law. As part of its enforcement tool
box, the City Council previously asked City staff to examine whether the City could lawfully increase
the amount of civil penalties that could be assessed per day per violation. City staff have examined
this issue and determined that such increase is lawful. Although general law cities are limited to
maximum civil penalties of $1,000 per day under California Government Code section 36901, as a
charter city, the City of Chula Vista may enact an ordinance that provides for penalties in excess of
$1,000 so long as such penalties do not exceed any maximum limits set in its charter. (County of Los
Angeles v. City of Los Angeles [1963] 219 Cal.App.2d 838, 844.) Accordingly, staff recommend that
CVMC section 1.41.110 be amended to increase the amount of civil penalties that may be assessed
against responsible persons for violations of the municipal code. The proposed increase from a
maximum of $1,000 per violation per day to $2,500 per violation per day increases the range of
allowable administrative civil penalties and is intended to encourage further compliance with the
Municipal Code in appropriate cases. An increased range of allowable administrative penalties may
be particularly helpful in enforcement efforts against unlawful marijuana dispensaries, as such
dispensaries have been estimated to bring in profits of thousands of dollars per day.
Amending the City’s Social Host Ordinance to Add Marijuana
Finally, following up on an inquiry by Councilmember Diaz and with the support of both the Institute
for Public Strategies and the San Diego County Marijuana Prevention Initiative, staff recommends
amending Chapter 9.14 to address concerns over the increased availability of marijuana to minors.
The proposed amendments to Chapter 9.14 would require persons to take reasonable steps to
prevent the consumption of marijuana and controlled substances by minors at private gatherings on
their property. Chapter 9.14, commonly known as a “social host ordinance”, was originally adopted
by the City Council in 2007 to reduce opportunities for minors to access and consume alcohol at
private gatherings. As adults over 21 years of age may now legally consume marijuana in certain
circumstances, there is an increased risk that minors may also have access to and consume
marijuana at private gatherings. Recent medical research indicates that marijuana affects the both
the functioning and development of adolescent brains. Accordingly, staff recommends that the City
amend Chapter 9.14 to add marijuana and controlled substances to the City’s existing social host
ordinance.
Looking Forward; Next Steps
Beyond the changes contained in this proposed ordinance, staff remain dedicated to pursuing
additional avenues of enforcement and regulation as we continue to address marijuana’s impact on
our community. City staff have been and currently are working on the following efforts:
1) Engagement with Commercial Property Owners: The City Attorney’s Office and Development
Services Division are coordinating on an effort to inform commercial property owners of their
responsibilities and liabilities in renting to marijuana businesses in the City of Chula Vista.
2) Expanded Enforcement: The City Attorney’s Office is preparing a report that will identify and
assess the systems, staffing, and funding requirements necessary to facilitate criminal
prosecution of municipal code violations. This will be presented to the Council for input in the
near future.
3) Delivery Regulations: The City Attorney’s Office, Development Services Division, Finance
Department, and Police Department have been coordinating to discuss and draft proposed
local marijuana delivery regulations that will incorporate forthcoming state delivery regulation
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File#:17-0204, Item#: 2.
and licensing protocols. Staff anticipates that the outline for possible delivery regulations will
be presented for input to City Council at the end of this summer or in early fall.
Staff understands and anticipates that the City’s position regarding marijuana activity will be debated
and assessed in the coming year. Prudent civil discourse is warranted, and careful assessment of
state and possibly federal regulations promulgated in the coming months is critical to an informed
and responsible position on this issue. The amendments contained in this agenda item, however, are
intended to preserve and clarify the status quo in the City of Chula Vista pending a clearer
understanding of both state and federal regulations, as well as the City’s position on this issue. These
amendments will not prevent the City, after careful consideration of the advantages and
disadvantages of permitting or prohibiting commercial marijuana activity, from adopting future
ordinances that alter or adjust the current status quo. In the interim, staff recommend that the City
adopt this proposed ordinance to clarify the City’s current position on commercial marijuana activity,
enhance the City’s enforcement capacity against those who violate our municipal code, and extend
the City’s social host ordinance to include marijuana and other controlled substances.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section
18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100,
et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The amendments in
this proposed ordinance support the City’s Operational Excellence, Healthy Community, and Strong
and Secure Neighborhoods goals, as they provide clarity regarding prohibited commercial marijuana
activity, allow for more effective enforcement of the City’s Municipal Code provisions, and enhance
accountability in preventing minors from accessing marijuana and other controlled substances at
private gatherings.
CURRENT YEAR FISCAL IMPACT
The subject amendments to section 1.41.110, chapter 5.66, and chapter 9.14 result in no current
year fiscal impact to the City.
ONGOING FISCAL IMPACT
The subject amendments to section 1.41.110, chapter 5.66, and chapter 9.14 result in no ongoing
fiscal impact to the City.
ATTACHMENTS
1. CVMC 1.41.110 with strikeout underline text
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2. CVMC 5.66 with strikeout underline text
3. CVMC 9.14 with strikeout underline text
Staff Contact: Glen Googins; Megan McClurg
City of Chula Vista Printed on 5/11/2017Page 5 of 5
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SECOND READING AND ADOPTION
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 1.41.110 TO
INCREASE THE MAXIMUM DAILY CIVIL PENALTY
AMOUNT; AMENDING CHAPTER 5.66 TO PROHIBIT ALL
COMMERICAL MARIJUANA ACTIVITY IN THE CITY OF
CHULA VISTA; AND AMENDING CHAPTER 9.14 TO ADD
MARIJUANA AND OTHER CONTROLLED SUBSTANCES
TO THE EXISTING SOCIAL HOST REGULATIONS
WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may
make and enforce within its limits all police, sanitary and other ordinances and regulations not in
conflict with general law; and
WHEREAS, with respect to changes to Chula Vista Municipal Code chapter 5.66, in
1970 the United States Congress enacted the Controlled Substances Act (“CSA”), which among
other things makes it illegal to import, manufacture, distribute, possess or use marijuana in the
United States; and
WHEREAS, California Health and Safety Code section 11362.5, the Compassionate Use
Act of 1996 (“CUA”), adopted by the voters of the State of California, authorizes a limited
defense to criminal charges for the use, possession or cultivation of marijuana for medical
purposes under limited, specified circumstances; and
WHEREAS, Health and Safety Code Section 11362.7, et seq., the Medical Marijuana
Program Act (“MMPA”) was adopted by the state legislature and offers some clarification on the
scope of the Compassionate Use Act of 1996, and section 11362.83 specifically authorizes cities
and other governing bodies to adopt and enforce rules and regulations related to medical
marijuana; and
WHEREAS, the United States Supreme Court has twice found that the Compassionate
Use Act does not preempt or supersede federal drug laws in Gonzalez v. Raich (2005) and United
States v. Oakland Cannabis Buyers Cooperative (2001); and
WHEREAS, Chula Vista Municipal Code chapter 5.66 currently prohibits medical
marijuana dispensaries and cultivation in the City of Chula Vista; and
WHEREAS, the California Supreme Court held in City of Riverside v. Inland Empire
Patients Health and Wellness Center, Inc. (2013) that cities have the authority to ban medical
marijuana uses within their boundaries and prohibit any use that constitutes a violation of state or
federal law; and
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WHEREAS, California appellate courts in Maral v. City of Live Oak (2013) and Kirby v.
County of Fresno (2015) have found that cities have the authority to ban medical marijuana
cultivation in within their boundaries; and
WHEREAS, on October 9, 2015, Governor Brown signed three bills into law (AB 266,
AB 243, and SB 643( which collectively are known as the Medical Marijuana Regulation and
Safety Act (“MMRSA”), which set up dual local-state licensing and regulation of commercial
medical marijuana activities and allow cities to completely prohibit such commercial medical
marijuana activities; and
WHEREAS, on November 8, 2016, voters of the State of California passed Proposition
64, the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which authorizes
recreational personal use of recreational marijuana in limited circumstances, directs state
agencies to license and regulate commercial recreational marijuana activities, and in Business
and Professions Code section 26200, allows cities to completely prohibit such commercial
recreational marijuana activities; and
WHEREAS, as set forth in Ordinance 3204 approved by the Chula Vista City Council in
2011, certain commercial marijuana activities have been found to create adverse impacts on
communities and a ban on such activities is a lawful and appropriate mechanism to address such
impacts; and
WHEREAS, the City Council is currently evaluating the extent of these impacts on the
City of Chula Vista, including the consideration as to whether some form of permitted and
regulated commercial marijuana activity may limit such impacts; and
WHEREAS, pending further examination and consideration of these issues, including
final state regulations and a clearer indication of federal enforcement policies pertaining to
marijuana activities, the City Council finds it appropriate to affirm that all commercial marijuana
activity based in the City is prohibited; and
WHEREAS, with respect to changes to Chula Vista Municipal Code section 1.41.110,
unlawful marijuana dispensaries have continued to operate in violation of Chula Vista Municipal
Code section 5.66.020 despite administrative enforcement, the assessment of civil penalties of up
to $1,000 per violation per day, and the commencement of civil litigation; and
WHEREAS, Chula Vista Municipal Code section 1.41.110(C) currently caps the amount
of civil penalties that can be assessed per violation per day at $1,000; and
WHEREAS, under California Government Code section 36901, cities governed by
general laws are limited to fines not exceeding $1,000 per day for violations of ordinances,
charter cities may enact ordinances that provide for different penalties so long as such penalties
do not exceed any maximum limits set by their charters (Los Angeles County v. City of Los
Angeles, 219 Cal.App.2d 838, 844); and
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WHEREAS, the amount and duration of any civil penalties imposed remains limited by
constitutional excessive fines clauses regardless of the maximum allowable penalty amount
specified in the City’s ordinance; and
WHEREAS, it is in the best interests of the City to amend the Chula Vista Municipal
Code to permit penalties of up to of $2,500 when warranted; and
WHEREAS, with respect to the changes to Chula Vista Municipal Code chapter 9.41, the
Chula Vista City Council passed Ordinance 3066 in 2007 adopting Chula Vista Municipal Code
chapter 9.14, which requires persons to take reasonable steps to prevent the consumption of
alcohol by minors at parties, gatherings, or events on private property; and
WHEREAS, the consumption of marijuana or other controlled substances by underage
persons is also harmful to the underage persons and a threat to public health, safety, quiet
enjoyment of residential property and general welfare; and
WHEREAS, persons held responsible for abetting or tolerating gatherings at which
underage persons have access to or consume marijuana or other controlled substances will be
more likely to properly supervise or stop such conduct at gatherings held on property under their
possession or control;
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.
A.Chapter 1, Section 1.41.110(C) of the Chula Vista Municipal Code regarding the
assessment of civil penalties is amended to read as follows:
1.41.110 Civil Penalties
C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC, civil
penalties may be assessed at a daily rate not to exceed $2,500 per violation per day.
[Note: [1.41.110 Subsections A, B, and D through G remain unchanged]]
B.Chapter 5.66 of the Chula Vista Municipal Code regarding marijuana activities is
amended to read as follows:
Chapter 5.66
COMMERCIAL MARIJUANA ACTIVITY
Sections:
5.66.010 Definitions.
5.66.020 Commercial marijuana activity prohibited.
5.66.030 Provision for delivery services.
5.66.040 Public nuisance –penalties.
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5.66.010 Definitions.
“Commercial marijuana activity" includes cultivation, possession, manufacture, processing,
storing, testing, labeling, transporting, distribution, delivery, dispensing, and/or the sale of
marijuana or marijuana product, whether for medical or recreational purpose, except as set forth
in California Business and Professions Code Section 19319, related to qualifying patients and
primary caregivers.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of marijuana, and any and all associated business and/or operational
activities, including the production of clones, immature plants, seeds and other agricultural
products as described in the definition of “Nursery” below.
"Delivery" means the commercial transfer of marijuana or marijuana products to or from any
location within the jurisdictional limits of the City of Chula Vista, and any and all associated
business and/or operational activities, including the use of any technology to arrange for or
facilitate the commercial transfer of cannabis to or from any location within the jurisdictional
limits of the City of Chula Vista.
“Dispensing” means providing, selling, making available or otherwise distributing marijuana or
marijuana products from any facility or location, whether fixed or mobile.
"Distribution" means the procurement, sale, and transport of marijuana and marijuana products.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a
marijuana product.
“Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin.
“Marijuana product” means marijuana that has undergone a process whereby the plant material
has been transformed into a concentrate, including, but not limited to concentrated cannabis, or
an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
"Nursery" means a licensee that produces only clones, immature plants, seeds, and other
agricultural products used specifically for the planting, propagation, and cultivation of marijuana.
“Processing” means any method used to prepare marijuana and/or marijuana products for
commercial retail and/or wholesale sales, including but not limited to: cleaning, curing,
preparation, laboratory testing, manufacturing, packaging and extraction of active ingredients to
create marijuana related products and concentrates.
"Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to
marijuana is transferred from one person to another, and includes the delivery of marijuana or
marijuana products pursuant to an order placed for the purchase of the same and soliciting or
receiving an order for the same, but does not include the return of marijuana or marijuana
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products by a licensee to the licensee from whom such marijuana or marijuana product was
purchased.
5.66.020 Commercial marijuana activity prohibited.
A. Commercial marijuana activity is prohibited in the City of Chula Vista, and no person or
association of persons, however formed, shall operate, perform, participate in or locate a
commercial marijuana activity in the City. The City shall not issue, approve, or grant any permit,
license or other entitlement for the establishment or operation of commercial marijuana activity
in the City of Chula Vista.
B. This chapter does not apply where preempted by state or federal law.
5.66.030 Provision for delivery services.
Notwithstanding the foregoing, the delivery of marijuana or marijuana product originating from
a dispensary licensed in accordance with California Business and Professions Code section
19334(a)(1) is permitted, so long as the delivery originates from a licensed dispensary outside
the City of Chula Vista, and is conducted in accordance with all codified and administrative state
and local regulations.
5.66.040 Public nuisance –Penalties.
Any use or condition caused or permitted to exist in violation of any of the provisions of this
chapter shall be, and is hereby declared, a public nuisance, which may be abated by the City
pursuant to the procedures set forth in this code, and be subject to any associated civil or criminal
remedies, including but not limited to injunctive relief, except to the extent expressly and validly
preempted by state or federal law.
C.Chapter 9.14 of the municipal code regarding consumption of alcohol by minors is
amended to read as follows:
Chapter 9.14
ALCOHOL, MARIJUANA, OR OTHER CONTROLLED SUBSTANCE
CONSUMPTION BY MINORS
Sections:
9.14.010 Purpose and intent.
9.14.020 Definitions.
9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minors
prohibited in public place, place open to public, or place not open to public.
9.14.040 Hosting, permitting, or allowing a party, gathering,or event where minors
consume alcoholic beverages, marijuana, or other controlled substances
prohibited.
9.14.050 Mandatory minimum fines.
9.14.060 Reservation of legal options.
9.14.070 Local authority.
9.14.010 Purpose and intent.
The City Council finds and declares as follows:
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A. The City of Chula Vista, pursuant to the police powers delegated to it by the California
Constitution and as a charter city, has the authority to enact laws that promote the public health,
safety, and general welfare of its residents.
B. The occurrence of parties, gatherings, or events on private property where alcoholic
beverages, marijuana, or other controlled substances are consumed by minors, are harmful to the
minors themselves and a threat to public health, safety, quiet enjoyment of property, and general
welfare.
C. Minors often obtain alcoholic beverages, marijuana, or other controlled substances at
gatherings held at private residences or other private property, places, or premises, including
rented commercial premises, which are under the control of a person who knows or should know
of the consumption of alcoholic beverages, marijuana, or other controlled substances by minors.
D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to
prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by
minors at these gatherings.
E. The ability of police officers to control gatherings on private property where alcoholic
beverages, marijuana, or other controlled substances are consumed by minors is necessary when
such activity is determined to be a threat to the peace, health, safety, or general welfare of the
public.
F. Gatherings involving consumption of alcohol, marijuana, or other controlled substances by
minors, as defined by this chapter, are unlawful and constitute a public nuisance pursuant to state
law and provisions of this municipal code.
G. The purpose and intent of this chapter is: (1) to protect the public health, safety, and general
welfare of people and premises in the City, including the quiet enjoyment of property; (2) to
enforce laws prohibiting the consumption of alcohol, marijuana, or other controlled substances
by minors; and (3) to reduce the costs of providing police services to parties, gatherings, or
events requiring a response by requiring the person who knowingly hosts, permits, or allows a
party, gathering, or event to ensure minors are not consuming alcoholic beverages, marijuana, or
other controlled substances through criminal, civil, administrative, and other penalties as allowed
by State and local law. (Ord. 3066 § 1, 2007).
9.14.020 Definitions.
For purposes of CVMC 9.14.010 through 9.14.070, the following definitions shall apply:
“Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source
or by whatever process produced.
“Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid
containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of
alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or
combined with other substances.
“Controlled substance” means a drug or substance whose possession and use are regulated under
the Controlled Substances Act. Such term does not include any drug or substance for which the
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individual found to have consumed such substance has a valid prescription issued by a licensed
medical practitioner authorized to issue such a prescription.
“Gathering” is a party, gathering, or event where a group of three or more persons have
assembled or are assembling for a social occasion or social activity.
“Legal guardian” means: (1) a person who, by court order, is the guardian of the person of a
minor; or (2) a public or private agency with whom a minor has been placed by the court.
“Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture
or preparation of the plant, its seeds, or resin. For purposes of this chapter, marijuana also means
marijuana that has undergone a process whereby the plant material has been transformed into a
concentrate, including but not limited to concentrated cannabis, or an edible or topical product
containing marijuana or concentrated cannabis and other ingredients.
“Minor” means any person under 21 years of age.
“Parent” means a person who is a natural parent, adoptive parent, foster parent, or stepparent of
another person.
“Premises” means any residence or other private property, place, or premises, including any
commercial or business premises.
“Response costs” are the costs associated with responses by law enforcement, fire, and other
emergency response providers to a gathering, including but not limited to: (1) salaries and
benefits of law enforcement, code enforcement, fire, or other emergency response personnel for
the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and
the administrative costs attributable to such response(s); (2) the cost of any medical treatment for
any law enforcement, code enforcement, fire, or other emergency response personnel injured
responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any city
equipment or property damaged, and the cost of the use of any such equipment, in responding to,
remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the
enforcement of CVMC 9.14.030 and 9.14.040. (Ord. 3066 § 1, 2007).
9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minor
prohibited in public place, place open to public, or place not open to public.
Except as permitted by State law, it is unlawful for any minor to:
A. Consume at any public place or any place open to the public any alcoholic beverage,
marijuana, or other controlled substance; or
B. Consume at any place not open to the public any marijuana or other controlled substance; or
C. Consume at any place not open to the public any alcoholic beverage, unless in connection
with the consumption of the alcoholic beverage that minor is being supervised by his or her
parent or legal guardian. (Ord. 3066 § 1, 2007).
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9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors
consume alcoholic beverages, marijuana, or other controlled substances prohibited.
A. Imposition of Duty and Violation.
1. It is the duty of any person having control of any premises, who knowingly hosts, permits,
or allows a gathering at said premises to take all reasonable steps to prevent the consumption
of alcoholic beverages, marijuana, or other controlled substances by any minor at the
gathering. Reasonable steps are prohibiting controlled substances at the gathering;
controlling access to alcoholic beverages and marijuana at the gathering; controlling the
quantity of alcoholic beverages and marijuana present at the gathering; verifying the age of
persons attending the gathering by inspecting driver’s licenses or other government-issued
identification cards to ensure that minors do not consume alcoholic beverages or marijuana
while at the gathering; and supervising the activities of minors at the gathering.
2. It is unlawful for any person having control of any premises to knowingly host, permit, or
allow a gathering to take place at said premises where at least one minor consumes an
alcoholic beverage, marijuana, or other controlled substance, whenever the person having
control of the premises either knows a minor has consumed an alcoholic beverage,
marijuana, or other controlled substance or reasonably should have known that a minor
consumed an alcoholic beverage, marijuana, or other controlled substance had the person
taken all reasonable steps to prevent the consumption of an alcoholic beverage, marijuana, or
other controlled substance by a minor as set forth in subsection (A)(1) above.
B. This section shall not apply to conduct involving the use of alcoholic beverages that occurs
exclusively between a minor and his or her parent or legal guardian, as permitted by Article I,
Section 4, of the California Constitution.
C. This section shall not apply to any California Department of Alcoholic Beverage Control
licensee at any premises regulated by the Department of Alcoholic Beverage Control. (Ord. 3066
§ 1, 2007).
[Note: [9.14.050 through 9.14.070 remain unchanged]]
Section II.Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
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Ordinance
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The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
_____________________________________ ____________________________________
Glen R. Googins Glen R. Googins
City Attorney City Attorney
2017-05-16 Agenda Packet Page 29
Chula Vista Municipal Code
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The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
1.41.110 Civil penalties.
A. The council finds that there is a need for alternative methods of enforcement of the Chula Vista Municipal Code
and applicable state codes. The council further finds that the assessment of civil penalties through an administrative
hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative
assessment of civil penalties established in this section is in addition to any other administrative or judicial remedy
established by law which may be pursued to address violations of the municipal code or applicable codes.
B. Civil penalties may be assessed against a responsible party for continued violations of the municipal code or
applicable state codes, whether of the same section or any combination, that reflect a continuing disregard for the
requirements of such laws. The director may issue a notice and order to the responsible party assessing a civil
penalty pursuant to this section. The civil penalty may be enforced against the responsible party as a lien pursuant to
CVMC 1.41.140.
C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC, civil penalties may be
assessed at a daily rate not to exceed $2,51,000 per violation per day per tax assessor’s parcel number in the case of
unimproved real property or per each structure against which violations have existed on a single tax assessor’s
parcel number for any related series of violations..
D. The civil penalty for violations of land grading permits or land grading work done without the issuance of a
permit shall be based on an estimate by the director of grading work performed. The rate of civil penalties shall be
as follows:
1. Less than 250 cubic yards, but not meeting the requirements for an exemption from grading permit under
CVMC 15.04.150: $1,000 per violation;
2. Two hundred fifty-one (251) to 500 cubic yards: $5,000 per violation;
3. Five hundred one (501) to 1,000 cubic yards: $10,000 per violation;
4. Over 1,001 cubic yards: $25,000 per violation;
5. In the event any individual, firm, company, developer or property owner causes a second violation of the
land grading permit ordinance, either on the same property or different property and whether or not part of the
same development, the rate of civil penalties shall be doubled. For third and subsequent violations, the rate of
civil penalties shall be multiplied by a factor of four.
E. Civil penalties under this section may be accrued retroactive to the date the violations were first discovered, as
evidenced by the issuance of a notice of violation pursuant to CVMC 1.41.030, or any later date determined by the
director. In determining the amount to be imposed on a daily rate, the director shall consider the following factors:
1. Duration of the violation;
2. Frequency or occurrence of the violation;
3. Frequency or occurrence of other violations during the period of accrual;
4. Seriousness of the violation in relation to its threat or impact upon public health, welfare or safety;
5. History of the violations;
6. Activity taken by the responsible party to obstruct or interfere with correction of the problem;
7. Good faith or bad faith efforts by the responsible party to comply;
8. The impact of the violation on the surrounding property and community;
9. The financial ability of the responsible party to have corrected the violation in a timely fashion.
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Chula Vista Municipal Code
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The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
F. The director shall comply with Chapter 1.40 CVMC concerning notice of the proposed civil penalties and the
right to a hearing to contest or confirm. Unless contested, the notice and order shall be final and be enforced
pursuant to CVMC 1.41.160. If contested, the hearing examiner shall limit the hearing to the following issues:
1. Whether the responsible party maintained a use or condition on real property that violated the municipal
code or state law on the dates specified; and
2. Whether the civil penalty assessed is consistent with the criteria expressed in subsection (E) of this section.
The hearing examiner may, however, exercise discretion pursuant to CVMC 1.40.020(E) and increase or
decrease the penalties assessed to a level determined to be supported by the evidence meeting the criteria under
subsection (E) of this section.
G. The director shall issue a final order based on the proceedings under subsection (E) of this section and establish a
date for payment, following which date an enforcement lien shall be imposed upon the property. The imposition of
an enforcement lien may be made a part of the proceedings and notice and order under CVMC 1.41.100 or this
section. (Ord. 3377 § 1, 2016; Ord. 2718 § 3, 1998).
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Chula Vista Municipal Code
Chapter 5.66 MEDICAL MARIJUANA DISPENSARIES
Page 1/2
The Chula Vista Municipal Code is current through Ordinance 3377, passed September 20, 2016.
Chapter 5.66
COMMERCIAL MARIJUANA ACTIVITYMEDICAL MARIJUANA DISPENSARIES
Sections:
5.66.010 Definitions.
5.66.020 Commercial marijuana activity Operation of medical marijuana dispensaries prohibited.
5.66.030 Provision for delivery services.Repealed.
5.66.040 Public nuisance – Penalties.
5.66.010 Definitions.
“Commercial marijuana activity" includes cultivation, possession, manufacture, processing, storing, testing,
labeling, transporting, distribution, delivery, dispensing, and/or the sale of marijuana or marijuana product, whether
for medical or recreational purpose, except as set forth in California Business and Professions Code Section 19319,
related to qualifying patients and primary caregivers.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of
marijuana, and any and all associated business and/or operational activities, including the production of clones,
immature plants, seeds and other agricultural products as described in the definition of “Nursery” below.
"Delivery" means the commercial transfer of marijuana or marijuana products to or from any location within the
jurisdictional limits of the City of Chula Vista, and any and all associated business and/or operational activities,
including the use of any technology to arrange for or facilitate the commercial transfer of cannabis to or from any
location within the jurisdictional limits of the City of Chula Vista.
“Dispensing” means providing, selling, making available or otherwise distributing marijuana or marijuana products
from any facility or location, whether fixed or mobile.
"Distribution" means the procurement, sale, and transport of marijuana and marijuana products.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
“Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether
growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
“Marijuana product” means marijuana that has undergone a process whereby the plant material has been
transformed into a concentrate, including, but not limited to concentrated cannabis, or an edible or topical product
containing marijuana or concentrated cannabis and other ingredients.
"Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used
specifically for the planting, propagation, and cultivation of marijuana.
“Processing” means any method used to prepare marijuana and/or marijuana products for commercial retail and/or
wholesale sales, including but not limited to: cleaning, curing, preparation, laboratory testing, manufacturing,
packaging and extraction of active ingredients to create marijuana related products and concentrates.
"Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to marijuana is transferred
from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order
placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return
of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product
was purchased.“Medical marijuana dispensary” is any fixed facility or location where, under the purported authority
of California Health and Safety Code Section 11362.5 et seq. or otherwise, marijuana is cultivated, made available,
sold, transmitted, distributed, given or otherwise provided to, by, or among three or more persons for medical
purposes.
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Chula Vista Municipal Code
Chapter 5.66 MEDICAL MARIJUANA DISPENSARIES
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The Chula Vista Municipal Code is current through Ordinance 3377, passed September 20, 2016.
“Medical marijuana dispensary” shall not include the following uses, so long as such uses comply with this code,
Health and Safety Code Section 11362.5 et seq., and other applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01
of Division 2 of the Health and Safety Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and
Safety Code.
5. A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety
Code.
“Persons” shall include any individual or entity regardless of status as a qualified patient or primary caregiver.
“Primary caregiver” shall be defined in the same manner as such term is defined in California Health and Safety
Code Section 11362.5.
“Qualified patient” shall be defined as any individual who obtains and uses marijuana for medical purposes upon the
recommendation of a physician. (Ord. 3204 § 2, 2011).
5.66.020 Commercial marijuana activityOperation of medical marijuana dispensaries prohibited.
A. Commercial marijuana activityThe operation of a medical marijuana dispensary, as defined in this chapter, is
prohibited in the City of Chula Vista, and no person or association of persons, however formed, shall operate,
perform, participate in or locate a commercial marijuana activity medical marijuana dispensary in the City. The City
shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of a
medical marijuana dispensarycommercial marijuana activity in the City of Chula Vista.
B. This chapter does not apply where preempted by state or federal law. (Ord. 3204 § 2, 2011).
5.66.030 Violation – Penalty.Provision for delivery services.
Notwithstanding the foregoing, the delivery of marijuana or marijuana product originating from a dispensary
licensed in accordance with California Business and Professions Code section 19334(a)(1) is permitted, so long as
the delivery originates from a licensed dispensary outside the City of Chula Vista, and is conducted in accordance
with all codified and administrative state and local regulations.Repealed by Ord. 3377 § 1, 2016. (Ord. 3204 § 2,
2011).
5.66.040 Public nuisance – Penalties.
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be, and is
hereby declared, a public nuisance, which may be abated by the City pursuant to the procedures set forth in this
code, and be subject to any associated civil or criminal remedies, including but not limited to injunctive relief,
except to the extent expressly and validly preempted by state or federal law. (Ord. 3377 § 1, 2016; Ord. 3204 § 2,
2011).
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Chula Vista Municipal Code
Chapter 9.14 ALCOHOL CONSUMPTION BY MINORS
Page 1/3
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
Chapter 9.14
ALCOHOL, MARIJUANA, OR OTHER CONTROLLED SUBSTANCE CONSUMPTION BY MINORS
Sections:
9.14.010 Purpose and intent.
9.14.020 Definitions.
9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minors prohibited in public place,
place open to public, or place not open to public.
9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors consumeing alcoholic
beverages, marijuana, or other controlled substances prohibited.
9.14.050 Mandatory minimum fines.
9.14.060 Reservation of legal options.
9.14.070 Local authority.
9.14.010 Purpose and intent.
The City Council finds and declares as follows:
A. The City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a
charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its
residents.
B. The occurrence of parties, gatherings, or events on private property where alcoholic beverages, marijuana, or
other controlled substances are consumed by minors, who are under the legal age to consume alcohol in the State
of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of property,
and general welfare.
C. Minors often obtain alcoholic beverages, marijuana, or other controlled substances at gatherings held at private
residences or other private property, places, or premises, including rented commercial premises, which are under the
control of a person who knows or should know of the consumption of alcoholic beverages, marijuana, or other
controlled substances by minors.
D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the
consumption of alcoholic beverages, marijuana, or other controlled substances by minors at these gatherings.
E. The ability of police officers to control gatherings on private property where alcoholic beverages, marijuana, or
other controlled substances are consumed by minors is necessary when such activity is determined to be a threat to
the peace, health, safety, or general welfare of the public.
F. Gatherings involving consumption of alcohol, marijuana, or other controlled substances by minors, as defined by
this chapter, are unlawful and constitute a public nuisance pursuant to state law and provisions of this municipal
code.
G. The purpose and intent of this chapter is: (1) to protect the public health, safety, and general welfare of people
and premises in the City, including the quiet enjoyment of property; (2) to enforce laws prohibiting the consumption
of alcohol, marijuana, or other controlled substances by minors; and (3) to reduce the costs of providing police
services to parties, gatherings, or events requiring a response by requiring the person who knowingly hosts, permits,
or allows a party, gathering, or event to ensure minors are not consuming alcoholic beverages, marijuana, or other
controlled substances through criminal, civil, administrative, and other penalties as allowed by State and local law.
(Ord. 3066 § 1, 2007).
9.14.020 Definitions.
For purposes of CVMC 9.14.010 through 9.14.070, the following definitions shall apply:
“Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever
process produced.
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Chula Vista Municipal Code
Chapter 9.14 ALCOHOL CONSUMPTION BY MINORS
Page 2/3
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
“Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol,
spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for
beverage purposes either alone or when diluted, mixed, or combined with other substances.
“Controlled substance” means a drug or substance whose possession and use are regulated under the Controlled
Substances Act. Such term does not include any drug or substance for which the individual found to have consumed
such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a
prescription.
“Gathering” is a party, gathering, or event where a group of three or more persons have assembled or are assembling
for a social occasion or social activity.
“Legal guardian” means: (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or
private agency with whom a minor has been placed by the court.
“Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether
growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or resin. For purposes
of this chapter, marijuana also means marijuana that has undergone a process whereby the plant material has been
transformed into a concentrate, including but not limited to concentrated cannabis, or an edible or topical product
containing marijuana or concentrated cannabis and other ingredients.
“Minor” means any person under 21 years of age.
“Parent” means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
“Premises” means any residence or other private property, place, or premises, including any commercial or business
premises.
“Response costs” are the costs associated with responses by law enforcement, fire, and other emergency response
providers to a gathering, including but not limited to: (1) salaries and benefits of law enforcement, code
enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at,
or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of
any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel
injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any city equipment
or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the
scene of a gathering; and (4) any other allowable costs related to the enforcement of CVMC 9.14.030 and 9.14.040.
(Ord. 3066 § 1, 2007).
9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minor prohibited in
public place, place open to public, or place not open to public.
Except as permitted by State law, it is unlawful for any minor to:
A. Consume at any public place or any place open to the public any alcoholic beverage, marijuana, or other
controlled substance; or
B. Consume at any place not open to the public any marijuana or other controlled substance; or
C. Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption
of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. (Ord. 3066 § 1,
2007).
9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors consuming consume
alcoholic beverages, marijuana, or other controlled substances prohibited.
A. Imposition of Duty and Violation.
1. It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a
gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages,
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Chula Vista Municipal Code
Chapter 9.14 ALCOHOL CONSUMPTION BY MINORS
Page 3/3
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
marijuana, or other controlled substances by any minor at the gathering. Reasonable steps are prohibiting
controlled substances at the gathering; controlling access to alcoholic beverages and marijuana at the
gathering; controlling the quantity of alcoholic beverages and marijuana present at the gathering; verifying the
age of persons attending the gathering by inspecting driver’s licenses or other government-issued identification
cards to ensure that minors do not consume alcoholic beverages or marijuana while at the gathering; and
supervising the activities of minors at the gathering.
2. It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering
to take place at said premises where at least one minor consumes an alcoholic beverage, marijuana, or other
controlled substance, whenever the person having control of the premises either knows a minor has consumed
an alcoholic beverage, marijuana, or other controlled substance or reasonably should have known that a minor
consumed an alcoholic beverage, marijuana, or other controlled substance had the person taken all reasonable
steps to prevent the consumption of an alcoholic beveragebeverage, marijuana, or other controlled substance by
a minor as set forth in subsection (A)(1) of this section.
B. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a
minor and his or her parent or legal guardian, as permitted by Article I, Section 4, of the California Constitution.
C. This section shall not apply to any California Department of Alcoholic Beverage Control licensee at any premises
regulated by the Department of Alcoholic Beverage Control. (Ord. 3066 § 1, 2007).
9.14.050 Mandatory minimum fines.
Criminal violations of CVMC 9.14.030 and 9.14.040 shall be punishable, on a first offense, by a mandatory
minimum fine of $100.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended,
and, on second and subsequent offenses, by a mandatory minimum fine of $200.00, plus statutory penalty
assessments, with neither fine nor assessments stayed or suspended. Notwithstanding other provisions of the
municipal code, violations of the provisions of this chapter may also be subject to an administrative fine of $1,000
per incident, as allowed by CVMC 9.14.060. The administrative fine shall constitute a debt of the responsible person
to the City, and shall be payable to the City in the manner provided in Chapters 1.40 and 1.41 CVMC and other
applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally
liable under this section. (Ord. 3066 § 1, 2007).
9.14.060 Reservation of legal options.
Violations of CVMC 9.14.030 and 9.14.040 may be prosecuted by the City of Chula Vista, in the name of the people
of the State of California, criminally, civilly, and/or administratively as provided by the municipal code. The City of
Chula Vista may seek administrative fees and response costs associated with enforcement of CVMC 9.14.030 and
9.14.040, through all remedies or procedures provided by statute, ordinance, or law. CVMC 9.14.030 and 9.14.040
shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out
of conduct regulated by CVMC 9.14.030 and 9.14.040, nor shall they limit the City of Chula Vista’s or the people of
the State of California’s ability to initiate and prosecute any criminal offense arising out of the same circumstances
necessitating the application of CVMC 9.14.030 or 9.14.040. (Ord. 3066 § 1, 2007).
9.14.070 Local authority.
CVMC 9.14.010 through 9.14.060 shall not apply where prohibited or preempted by State or federal law. (Ord. 3066
§ 1, 2007).
2017-05-16 Agenda Packet Page 36
City of Chula Vista
Staff Report
File#:17-0203, Item#: 3.
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NO. 2533, RELATING TO
THE ESTABLISHMENT OF THE TELEGRAPH CANYON SEWER BASIN DEVELOPMENT IMPACT
FEE (SECOND READING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
On November 10, 1992, the City Council adopted Ordinance No. 2533 (Attachment 1) establishing
the Telegraph Canyon Sewer Basin Development Impact Fee (the “Telegraph Canyon Sewer Basin
DIF”). The fee was established to provide sewer improvements within the Telegraph Canyon Sewer
Basin to accommodate incremental increases in sewage flow anticipated to result from new
development. All of the facilities identified in Ordinance 2533 have been constructed and repeal of
the fee is now recommended.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. In addition, notwithstanding the foregoing, the “Project” also qualifies for an
Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because the activity consists of
administrative/fiscal actions that will not result in a physical change to the environment; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In
addition, notwithstanding the foregoing, the Director of Development Services has also determined
that the “Project” qualifies for an Exemption pursuant to Section 15061(b)(3) of the California
Environmental Quality Act State Guidelines. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
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Background
Chula Vista’s General Plan and “Growth Management” ordinance require that adequate public
facilities be available to accommodate increased population created by new development. In the
early 1990’s, developers proposed construction of new homes within the boundaries served by the
Telegraph Canyon Sewer Basin (“Basin”) (see Attachment 2), which handled a limited amount of
wastewater. Recognizing that improvements to the Basin would be necessary to accommodate the
additional population that new homes would bring, the City Council passed Resolution No. 15449 on
January 23, 1990, requiring the preparation of the Telegraph Canyon Basin Improvement and
Financing Plan (“Basin Plan”).
The Basin Plan dated July 31, 1992 (“Original Plan”) and the subsequent addendum dated
September 25, 1992 (“Addendum”) determined that new development within the Basin would create
adverse impacts on the City’s existing sewer facilities. Sewage expected to be generated from new
development within the Basin would exceed the capacity of the existing sewer system. This impact
would need to be mitigated by financing and constructing certain sewer facilities. The Basin Plan
also justified sewer improvements and a fee levied on all new development discharging into the
Basin.
On October 20, 1992, the City Council held a public hearing and determined the necessity of a sewer
facilities development impact fee to be levied on all developments for which building permits had not
yet been issued within the Basin service area. Following the public hearing, on November 10, 1992,
the City Council adopted Ordinance No. 2533 establishing the Telegraph Canyon Sewer Basin DIF to
fund improvements to the Basin and the amount of the fee levied so as not to exceed the estimated
costs of providing such improvements. The initial fee was set at $184 per equivalent dwelling unit
(EDU).
The Telegraph Canyon Sewer Basin DIF was subsequently increased to $216.50 per EDU via
Resolution 19156 on September 1, 1998. The 1998 update implemented inflationary adjustments
contemplated in the original ordinance. The fee has remained unchanged at $216.50 since the 1998
action.
Telegraph Canyon Sewer Basin Improvements
At this time, the necessary improvements as identified within the Basin Plan have been completed
and no additional funding is required. Section XVII.”Expiration of this Ordinance”of Ordinance No.
2533 specifies that, “This ordinance shall be of no further force and effect when the City Council
determines that the amount of Fees which have been collected reaches an amount equal to the cost
of the Facilities.”
Therefore, in accordance with Section XVII of Ordinance No. 2533, staff recommends the repeal of
Ordinance No. 2533.
An amendment of Chapter 16 (Development and In-Lieu Fees) of the City’s Master Fee Schedule to
remove the Telegraph Canyon Sewer Basin DIF is also recommended. If approved, the resolution
would be effective upon the 2nd reading of the ordinance.
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File#:17-0203, Item#: 3.
DIF Accounting
The Telegraph Canyon Sewer Basin DIF fund balance was exhausted entirely in the construction of
eligible facilities, resulting in a zero balance in the account. No refunds will be issued.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found that Mayor
Casillas Salas, Councilmember McCann and Councilmember Aguilar have real property holdings
within 500 feet of the boundaries of the property which is the subject of this action. However, to the
extent that any decision would have a reasonably foreseeable financial effect on the member’s real
property, the effect would be nominal, inconsequential, or insignificant. Consequently, pursuant to
California Code of Regulations Title 2, sections 18700 and 18702(b), this item does not present a real
property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100,et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. Completion of
improvements to the Basin and repealing a completed development impact fee program supports the
Operational Excellence and Strong and Secure Neighborhoods goals because it provides adequate
public facilities that Chula Vista’s General Plan and “Growth Management” ordinance require.
CURRENT YEAR FISCAL IMPACT
All staff costs associated with the preparation of this report are included in the adopted budget.
Approval of the repeal Ordinance will stop all future collection of the Telegraph Canyon Sewer Basin
DIF.
The Telegraph Canyon Sewer Basin DIF has exhausted its balance in the construction of eligible
facilities. Following Council action the fund will be closed.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
Attachment 1 - Ordinance No. 2533
Attachment 2 - Map of Telegraph Canyon Sewer Basin
Staff Contact: Kimberly Vander Bie - Associate Planner
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SECOND READING AND ADOPTION
ORDINANCE NO. ________
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
ORDINANCE NO. 2533 RELATING TO THE
ESTABLISHMENT OF THE TELEGRAPH CANYON SEWER
BASIN DEVELOPMENT IMPACT FEE
WHEREAS, the City’s General Plan and “Growth Management” ordinance require
adequate, safe sewer facilities to be available to accommodate the increased flow created by new
development; and
WHEREAS, the City Council determined that potential delays in the construction of
improvements to the Telegraph Canyon Sewer Basin (Basin) would adversely impact the City’s
ability to accommodate said increased flows; and
WHEREAS, on January 23, 1990 the City Council passed Resolution No. 15449, which
approved the Telegraph Canyon Sewer Basin Monitoring and Gravity Basin Usage Agreement,
requiring the City to prepare the Telegraph Canyon Sewer Basin Improvement and Financing
Plan (Basin Plan); and
WHEREAS, the Basin Plan, entitled “Telegraph Canyon Sewer Basin Improvement and
Financing Plan” was prepared and dated July 31, 1992 with a subsequent addendum entitled
“Addendum to Telegraph Canyon Sewer Basin Plan” dated September 25, 1992; and
WHEREAS, the Basin Plan determined that sewage expected to be generated from new
development within the Basin would exceed the capacity of the existing sewer system to handle
the additional sewage, which would need to be mitigated by financing and constructing certain
sewer facilities; and
WHEREAS, the Basin Plan justified sewer improvements in the Basin and a fee levied
on all new development discharging into the Basin; and
WHEREAS, on September 22, 1992 the City Council passed Resolution No. 16819,
setting a hearing to approve the Telegraph Canyon Sewer Basin Plan and establish the Telegraph
Canyon Sewer Basin Development Impact Fee (DIF); and
WHEREAS, on October 20, 1992 the City Council held a public hearing and determined
that the sewer facilities DIF would be necessary on all developments for which building permits
had not yet been issued within the Basin service area east of Interstate 805; and
WHEREAS, the City Council also determined that the amount of the fee levied by
Ordinance 2533 would not exceed the estimated cost of providing improvements to Basin
facilities; and
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Ordinance No. _____
Page 2
WHEREAS, on November 10, 1992 the City Council adopted Ordinance 2533, which
established the Telegraph Canyon Sewer Basin DIF to fund improvements to the Basin
necessitated by additional development; and
WHEREAS, the Telegraph Canyon Sewer Basin improvements are complete, and
collecting the fees from the Telegraph Canyon Sewer Basin DIF is no longer needed to protect
the public’s health, safety and welfare or to assume effective implementation of the City’s
General Plan or “Growth Management” ordinance.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain that
Ordinance 2533 is hereby repealed in its entirety.
Section I. Effective Date
This ordinance shall take effect and be in full force 30 days after its adoption.
Section II. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by:Approved as to form by:
________________________________ _______________________________
Kelly Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
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Ordinance No. _____
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California this 9th day of May, 2017 by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
_________________________________
Mary Casillas Salas, Mayor
ATTEST:
_____________________
Donna Norris
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. _____ had its first reading at a regular meeting held on the 9th day of May, 2017
and its second reading and adoption at a regular meeting of said City Council held on the _____
day of ____________, 2017.
Executed this _______ day of _____________, 2017.
_________________________________
Donna Norris, City Clerk
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City of Chula Vista
Staff Report
File#:17-0066, Item#: 4.
..Title
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE
PROCUREMENT OF EMERGENCY STORM-RELATED SERVICES, AND AUTHORIZING
PAYMENT FOR SUCH SERVICES PERFORMED BY ATLAS ENVIRONMENTAL SERVICES, INC.,
ARBOR WEST TREE SURGEONS, WEST COAST ARBORIST, AND S&J BUILDERS AND
RESTORATION SERVICES, INC.
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
During the recent winter storms, the Public Works Department responded to numerous conditions
that required emergency repairs in order to protect public health and safety. Chula Vista Municipal
Code Section 2.56.100.A. (“Section 2.56.100”) authorizes the City Manager to purchase supplies and
services on the open market when necessary in such emergency situations. Accordingly, the City
procured services from Atlas Environmental Services, Inc., Arbor West Tree Surgeons, West Coast
Arborist, S&J Builders & Restoration Services, Inc., for Public Works emergency projects. Due to the
amount and scope of the emergency services required, City staff is requesting that the City Council
ratify the purchases as compliant with Section 2.56.100 and authorize payment for the services.
ENVIRONMENTAL REVIEW
Environmental Notice
The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality
Act State Guidelines Section 15304 Class 4 (Minor Alterations to Land) and/or Section 15301 Class 1
(Existing Facilities).
Environmental Determination
The Director of Development Services has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a
Categorical Exemption pursuant to State CEQA Guidelines Section 15304 Class 4 (Minor Alterations
to Land) and/or Section 15301 Class 1 (Existing Facilities). Thus, no further environmental review is
required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Recent severe rain storms bringing high winds caused flooding, erosion, debris flow and damage to
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Recent severe rain storms bringing high winds caused flooding, erosion, debris flow and damage to
hundreds of City trees within City parks, parkways, medians and open space areas. Chula Vista was
one of the hardest hit areas of San Diego County. The magnitude of the storm damage included
fallen trees and branches causing damage to fences and walls and resulting in road blockages and
park closures, as well as flash flooding, erosion and substantial debris flows especially near storm
drain channels. The damage created an imminent threat to public health and safety. As a result, the
Public Works Department was called upon to immediately take action in order to protect the public
from the dangerous conditions created by the storms. In order to do so without delay, services were
procured from the following outside contractors: Atlas Environmental, Arbor West, S & J Builders and
Restoration; and West Coast Arbor. The contractors worked with City crews throughout the rain
storms for the emergency removal of downed trees and large branches and after the storm to cut up
and mulch downed trees, and, in the case of S & J Builders, the restoration of seventeen City
properties that suffered damage due to wind and rain during the storm. Each contractor and its
subcontractors meet the state’s prevailing wage registration requirement.
The City Manager authorized the procurement of the necessary emergency services, in accordance
with Section 2.56.100. That Section authorizes the City Manager to secure in the open market at the
lowest obtainable price, any supplies, services, or equipment, regardless of the amount of the
expenditure. It also requires that an explanation of the circumstances of the emergency prompting
the purchases be entered in the minutes of the City Council. Although the storms occurred in
January, the work required was extensive and has been on-going, which has inhibited staff’s ability to
determine the final cost of the necessary work. However, staff wanted to apprise the City Council of
the circumstances and purchases, without further delay. At this time, staff estimates that the cost of
the emergency work is as follows:
Contractor Emergency
Services Cost
Atlas Environmental, Inc.$150,494
Arbor West Tree Surgeons $126,105
West Coast Arborist $382,720
S&J Builders & Restoration Services, Inc.$60,357
Because the work is on-going, staff is requesting that the City Council ratify the procurement of
services performed to-date as emergency services within the meaning of Section 2.56.100, and
authorize payment for these services and additional storm-related services by these contractors for
fiscal year 2016-17 up to the following amounts:
Contractor Not to Exceed Amount
Atlas Environmental, Inc.$200,000
Arbor West Tree Surgeons $175,000
West Coast Arborist $600,000
S&J Builders & Restoration Services, Inc.$150,000
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DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this action.
Consequently, this item does not present a disqualifying real property-related financial conflict of
interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the
Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. This action supports
the Operational Excellence goal by securing specialized services throughout the January 2017 rain
storms and the Strong and Secure Neighborhoods goal with efforts to preserve City infrastructure
damaged by the storms.
CURRENT YEAR FISCAL IMPACT
Approval of this resolution will authorize the City to secure contract obligations from Atlas
Environmental Services, Arbor West Tree Surgeons, West Coast Arborist, S&J Builders and
Restoration, Inc., for Public Works storm system restoration projects. The storm system related costs
are not included within the Fiscal Year 2016-17 budget. The President declared the January 2017
storms a major disaster making federal disaster aid available to 16 counties including San Diego
County. Governor Brown declared a state of emergency in counties across California including San
Diego County following the January 2017 storm system. Therefore, January 2017 storm event
damage costs are eligible for both Federal and State reimbursement. The reimbursement cost share
breakdown for eligible cost is 75% Federal, 18.75% State, and 6.25% Local. A request for Public
Assistance for the Federal Disaster has been submitted to CalOES and is being processed. Staff is
preparing a Damage Survey Report to capture all storm event damage cost. Final fiscal impact for
the January 2017 storm event will depend on the final claim approvals.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
None
Staff Contact: Silvia Cosio, Principal Management Analyst
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING THE PROCUREMENT OF
EMERGENCY STORM-RELATED SERVICES, AND
AUTHORIZING PAYMENT FOR SUCH SERVICES
PERFORMED BY ATLAS ENVIRONMENTAL SERVICES,
INC., ARBOR WEST TREE SURGEONS, WEST COAST
ARBORIST, AND S&J BUILDERS AND RESTORATION
SERVICES, INC.
WHEREAS, recent severe rain storms in brought high winds caused flooding, erosion,
debris flow and damage to hundreds of City trees within City park, parkways, medians and open
space areas; and
WHEREAS, the storm damage required emergency repairs in order to protect public
health and safety; and
WHEREAS, Chula Vista Municipal Code Section 2.56.100.A. (“Section 2.56.100”)
authorizes the City Manager to purchase supplies and services on the open market when
necessary in such emergency situations; and
WHEREAS, in response to the damage, the City Manager called upon the Public Works
Department to take immediate action in order to protect the public from the dangerous conditions
created by the storms and authorized the procurement of the necessary emergency repair
services, in accordance with Section 2.56.100; and
WHEREAS, accordingly, the City procured the services of: Atlas Environmental, Arbor
West, S & J Builders and Restoration, and West Coast Arbor to assist in making the necessary
repairs, including the removal of downed trees and large branches, and the restoration of
damaged property; and
WHEREAS, Public Works Department crews continue to assess the full scope of the
storm system damage and to combine forces with these vendors to help with storm aftermath
cleanup efforts; and
WHEREAS, the cost of these services to-date, and the anticipated total cost are as
follows:
Contractor Emergency Services
Cost
Anticipated Total
Cost
Atlas Environmental, Inc. $150,494 $200,000
Arbor West Tree Surgeons $126,105 $175,000
West Coast Arborist $382,720 $600,000
S&J Builders & Restoration
Services, Inc.
$60,357 $150,000
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
ratifies the purchase of the storm damage services procured from: Atlas Environmental Services,
Inc., Arbor West Tree Surgeons, West Coast Arborist, and S&J Builders and Restoration, Inc., as
emergency services within the meaning of Chula Vista Municipal Code Section 2.56.100.A.
BE IT FURTHER RESOLVED that the City Council authorizes the purchase of such
emergency services related to the 2017 rain storms contractors for emergency services
anticipated to be performed through June 30, 2017 up to the following total amounts:
Contractor Not to Exceed Amount
Atlas Environmental, Inc.$200,000
Arbor West Tree Surgeons $175,000
West Coast Arborist $600,000
S&J Builders & Restoration Services, Inc. $150,000
Presented by Approved as to form by
Richard A. Hopkins Glen R. Googins
Director Public Works City Attorney
2017-05-16 Agenda Packet Page 60
City of Chula Vista
Staff Report
File#:17-0038, Item#: 5.
CONSIDERATION OF THE FORMATION AND ESTABLISHMENT OF COMMUNITY FACILITIES
DISTRICT NO. 19M (FREEWAY COMMERCIAL 2), CONDUCTING A SPECIAL ELECTION
THEREIN, AND AUTHORIZATION TO LEVY A SPECIAL TAX THEREIN
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND
ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY COMMERCIAL
2), AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE
QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
19M (FREEWAY COMMERCIAL 2), DECLARING THE RESULTS OF A SPECIAL
ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT
C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY
COMMERCIAL 2), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY
FACILITIES DISTRICT (FIRST READING)
RECOMMENDED ACTION
Council conduct the public hearing, instruct the City Clerk to tabulate the ballots, adopt the
resolutions, and place the ordinance on first reading.
SUMMARY
On April 11, 2017, the City Council approved the Resolution of Intention to Form Community Facilities
District No. 19M (Freeway Commercial 2) (“CFD No. 19M”) (Resolution 2017-051) and set the public
hearing for May 16, 2017.
CFD No. 19M will fund the maintenance and replacement of (a) landscaping, including, but not
limited to, trees, shrubs, grass, other ornamental vegetation located in or on slopes, parkways and
medians; (b) facilities that are directly related to storm water conveyance, including, but not limited to
pipes and drainage inlets, the Poggi Canyon channel and detention basin or parks; (c) walls and
fencing; and (d) parks.
The public hearing and adoption of the two resolutions and the ordinance above, will continue the
formal proceedings leading to the establishment of CFD No. 19M and authorization of the levy of the
special tax.
ENVIRONMENTAL REVIEW
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Environmental Notice
The Project was adequately covered in previously adopted/certified Final Second Tier Environmental
Impact Report (EIR 02-04) and Addenda to EIR 02-04 for the Otay Ranch Planning Area Twelve
Freeway Commercial Sectional Planning Area (SPA) Plan.
Environmental Determination
The Director of Development Services has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project was adequately
covered in the previously adopted/certified Final Second Tier Environmental Impact Report (EIR 02-
04) and Addenda to EIR 02-04 for the Otay Ranch Planning Area Twelve Freeway Commercial
Sectional Planning Area (SPA) Plan. Thus, no further environmental review or documentation is
necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
On January 13, 1998, the City Council adopted the “City of Chula Vista Statement of Goals and
Policies regarding the establishment of Community Facilities Districts” (the “Goals and Policies”). This
document establishes the use of CFDs as a public financing mechanism for (1) the construction
and/or acquisition of public infrastructure, and (2) the financing of authorized public services. Taxes
levied by maintenance CFDs, such as CFD No. 19M, are currently excluded from the 2% maximum
tax criterion set forth in the Goals and Policies.
On April 28, 1998, Council, acting under its Charter authority, enacted the “Chula Vista Community
Facilities District Ordinance” (the “Ordinance”). The Ordinance adopted the Mello-Roos Act with
modifications to accomplish the following: (1) incorporate all maintenance activities authorized by the
“Landscaping & Lighting Act of 1972” (the “1972 Act”); (2) include certain maintenance activities not
listed in the Mello-Roos Act or the 1972 Act; and (3) establish an operating reserve fund for open
space districts.
Village II Town Center, LLC and SunRanch Capital Partners, LLC (collectively referred to as the
“Developer”) have requested that the City conduct proceedings to consider the approval of the
establishment of CFD No. 19M covering that area within Otay Ranch known as Freeway Commercial
2. Freeway Commercial 2 is located north of the Otay Ranch Town Center at the Intersection of
Town Center Drive and Olympic Parkway and consists of approximately thirty-six (36) acres. The
conditions of approval of the tentative map for Freeway Commercial 2 require that said CFD be
formed prior to approval of the final subdivision map.
CFD No. 19M will fund the maintenance and replacement of (a) landscaping, including, but not
limited to, trees, shrubs, grass, other ornamental vegetation located in or on slopes, parkways and
medians; (b) facilities that are directly related to storm water conveyance, including, but not limited to
pipes and drainage inlets, the Poggi Canyon channel and detention basin or parks; (c) walls and
fencing; and (d) parks and trails. The City has retained the services of NBS Government Finance
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fencing; and (d) parks and trails. The City has retained the services of NBS Government Finance
Group (“NBS”) as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide
assistance during the formation proceedings, including the preparation of this report and associated
resolutions and ordinance.
CFD No. 19M will provide the necessary funding for the operation and maintenance of public
landscaping areas and public park amenities. On an annual basis, the property owners within CFD
No. 19M will have to pay a “special tax” that will be collected with their property taxes or via direct
billing. All expenses related to the administration of CFD No. 19M, including levying and collecting the
special taxes, are also funded from these special taxes.
Required resolutions were adopted at the meeting of the City Council on April 11, 2017 to initiate the
proceedings to establish CFD No. 19M and the boundary map of the proposed CFD No. 19M (the
“Boundary Map”) was recorded with the San Diego County Recorder’s Office at least 15 days prior to
this public hearing. Tonight’s action will continue the formal proceedings to establish CFD No. 19M.
Area of Benefit
The proposed boundaries of CFD No. 19M encompass parcels located within Otay Ranch known as
Freeway Commercial 2. The area is approximately thirty-six (36) acres located just south of Olympic
Parkway between SR-125 and Eastlake Parkway and north of Otay Ranch Town Center. The
Developer owns 100% of the property within the proposed boundaries of CFD No. 19M. The project
is proposed for approximately 600 multi-family units, 15,000 square feet of mixed-use commercial
space, 300 hotel rooms in two hotels, and a two-acre highly-amenitized public park. The Boundary
Map was approved by Council on April 11, 2017 by Resolution 2017-050 and filed with the San
Diego County Recorder’s Office on April 18, 2017.A reduced copy of the Boundary Map is
presented in Attachment 1.
Cost Estimate
The estimated annual budget for CFD No. 19M,included with Attachment 2,is approximately
$299,560.This budget includes $268,246 for landscape, walls and fencing, and a highly-amenitized
park; and $11,314 that is set aside for the replacement of the amenities as they reach the end of their
useful life. In addition, the budget includes $20,000 for CFD administration (e.g. preparing reports,
levying and collecting taxes, public assistance, etc.) by the Finance Department or their designee.
Proposed Special Tax and CFD Report
A copy of the CFD Report - Community Facilities District No. 19M (Freeway Commercial 2) (the
“CFD Report”) prepared by the Special Tax Consultant, NBS Government Finance Group, is included
as Attachment 2, and is on file and available for public review in the City Clerk's Office. This report
incorporates the "Rate and Method of Apportionment for City of Chula Vista Community Facilities
District No. 19M (Freeway Commercial 2)" (“RMA”) (previously approved by Council on April 11,
2017) that establishes the procedures for levying the special taxes in CFD No. 19M. The special tax
rates and methodology for levying the annual special tax are described in the CFD Report and
enumerated in the RMA. All capitalized terms used below and not defined in this statement shall
have the meanings given to such terms in the RMA.
CFD No. 19M has six proposed categories of taxable property, as follows:
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Single Family Attached
Property with Density
≤19 DU/acre
Residential property consisting of one or more Dwelling Unit(s)
that may or may not share common walls with one or more
other Dwelling Unit(s), including, but not limited to, duplexes,
triplexes, townhomes, and condominiums with a density of 19 or
fewer Dwelling Units per acre.
Single Family Attached
Property with Density
>19 DU/acre
Residential property consisting of one or more Dwelling Unit(s)
that may or may not share common walls with one or more
other Dwelling Unit(s), including, but not limited to, duplexes,
triplexes, townhomes, and condominiums with a density of
greater than 19 Dwelling Units per acre.
Multi-Family Property Residential Property consisting of two or more for-rent Dwelling
Units that share common walls, including, but not limited to,
apartments and Residential Property that are not for sale to an
end user and are under common management.
Non-Residential
Property
Developed property for which a building permit(s) has been
issued for a structure or structures for non-residential use,
excluding Hotel Property.
Hotel Property Developed property for which a building permit(s) has been
issued for purposes of constructing one or more structures
comprising of individual sleeping or living units for the
accommodation of transient guests.
Undeveloped Property Parcels not classified as Developed Property.
There are properties which will not be taxed and are included in an “Exempt Category”. These
properties include:
(i) Public Property,
(ii) Property Owner Association Property,
(iii) Community Purpose Facility (CPF) Property, and
(iv) Assessor’s Parcels with public or utility easements making impractical their utilization
for other than the purposes set forth in the easement, including but not limited to
property designated for open space, trails, pathways, parks or park and recreation
related facilities.
Developed Property are those parcels for which a building permit has been issued prior to March 1
st
preceding the Fiscal Year in which the Special Tax is being levied. The proposed maximum special
tax rate in the Rate and Method of Apportionment (RMA) on all Developed Property was determined
by dividing the estimated annual budget at build out (plus a capital replacement allocation, initially
equal to 20.9% of the annual budget) by the total estimated development (EDUs) at build out.
Collection of Taxes
At the beginning of each fiscal year, the City shall determine the amount of the Special Tax
Requirement for CFD No. 19M.Then, the special taxes will be levied on all Taxable Property within
CFD No. 19M until such time as the total amount of Special Tax levied equals the Special Tax
Requirement. The Special Tax shall be levied proportionately on each Assessor’s Parcel of
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Requirement. The Special Tax shall be levied proportionately on each Assessor’s Parcel of
Developed Property within CFD No. 19M, up to 100% of the applicable Maximum Special Tax.
If additional monies are needed to satisfy the Special Tax Requirement beyond the 100% of the
Maximum Special Tax already levied on Developed Property, the remaining amount needed to
satisfy the Special Tax Requirement shall then be levied proportionately on each Assessor’s Parcel
of Undeveloped Property at up to 100% of the Maximum Special Tax on Undeveloped Property.
The Maximum Special Tax shall be subject to an annual escalation as follows.
Maximum Special Tax = Maximum Special Tax Component for Labor +
Maximum Special Tax Component for Water +
Maximum Special Tax Component for Asset Replacement
For a full description of the RMA of the Special Tax, see Attachment 2.
Labor Annual Percentage
Change
This component shall be equal to the annual percentage
change for the July immediately preceding the current Fiscal
Year and compared to the previous year’s Consumer Price
Index for Urban Wage Earners and Clerical Workers (CPI-W).
Water Annual Percentage
Change
This component shall be equal to the annual percentage
change for the July immediately preceding the current Fiscal
Year and compared to the previous year’s Otay Water District
Commodity Rate.
Asset Replacement
Annual Percentage
Change
This component shall be equal to the annual percentage
change for the July immediately preceding the current Fiscal
Year and compared to the prior year’s Engineering News
Record Construction Cost Index for the Los Angeles Area.
The Fiscal Year 2017-2018 Maximum Special Tax shall be equal to the Fiscal Year 2017-2018
Maximum Special Tax rates listed in the Table below. In each subsequent Fiscal Year, the Maximum
Special Tax Components shall be increased by the escalation factor outlined above in Section C (1,
2, and 3) of the RMA, provided the Maximum Special Tax Component for Labor, the Maximum
Special Tax Component for Water and the Maximum Special Tax Component for Asset Replacement
shall never be less than two percent (2%) and not greater than six percent (6%) than the maximum
amounts in the preceding Fiscal Year, respectively.
For example, when calculating the Maximum Special Tax for Fiscal Year 18/19, the following adjusted
tax components will be summed:
·The Maximum Special Tax Component for Labor (17/18) increased by percentage change in
the CPI-W between July 2017 and July 2016,
·The Maximum Special Tax Component for Water (17/18) increased by percentage change in
Otay Water District Commodity Rate between July 2017 and July 2016, and
·The Maximum Special Tax Component for Asset Replacement (17/18) increased by the
percentage change in the Construction Cost Index for the Los Angeles Area between July
2017 and July 2016.
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Proposed Maximum Special Taxes
The proposed Maximum Special Taxes for any Assessor’s Parcel classified as Developed Property
or Undeveloped Property for fiscal year 2017-18 are as follows:
At buildout, the maximum annual special tax rates generate a total cost estimate of $299,721. The
difference between the two total cost estimates is attributable to a rounding adjustment. When the
final maximum annual special tax rates were finalized, the maximum annual special tax rates were
rounded up to the nearest dollar. As a result of this rounding adjustment, the buildout cost estimate is
$161.00 higher than the annual cost estimate.
Public Hearing and Election Procedure
Tonight, following this public hearing, an election will be held for the landowners to vote on the
authorization to levy special taxes within CFD No. 19M. Once the votes are cast, Council will be
requested to certify the results of the election. If the ballot measure is approved by at least 2/3 of the
qualified electors (i.e., the landowners) voting on the measure, CFD No. 19M will be authorized toCity of Chula Vista Printed on 5/11/2017Page 6 of 8
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qualified electors (i.e., the landowners) voting on the measure, CFD No. 19M will be authorized to
levy such special taxes. Council will then be requested to introduce the Ordinance authorizing the
levy of special taxes within CFD No. 19M.
Resolutions and Ordinance
There are two resolutions, that if adopted, and one ordinance, that if adopted following introduction
and waiver of the first reading thereof today, will accomplish the following pertaining to the
establishment of CFD No. 19M:
Resolution (A), RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 19M is the formal action forming and establishing CFD No. 19M and authorizing
submittal of the levy of special taxes to the qualified electors of CFD No. 19M,and performs the
following:
·Sets the name of CFD No. 19M;
·Identifies the CFD Report prepared by NBS as the report to be used for all future
proceedings;
·Establishes a Special Tax to be levied within CFD No. 19M. The Special Tax is set forth in the
RMA, which will be approved by the adoption of this Resolution;
·Implements the provisions of the Local Agency Special Tax and Bond Accountability Act which
became effective on January 1, 2001 by specifying that:
o Each special tax shall be levied for the specific purposes set forth in the Resolution;
o The proceeds of the levy of each such special tax shall be applied only to the specific
applicable purposes set forth in the Resolution;
o CFD No. 19M shall establish a separate account into which the proceeds of each such
special tax shall be deposited; and
o The City Manager or his or her designee, acting for and on behalf of CFD No. 19M,
shall annually file a report with the City Council as required pursuant to Government
Code Section 50075.3.
·Submits two (2) ballot propositions to the qualified electors of CFD No. 19M to (A) levy special
taxes and (B) establish an appropriations limit for the CFD No. 19M; and
·Describes the type of services to be financed by CFD No. 19M.
Resolution (B), RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION IN
COMMUNITY FACILITIES DISTRICT NO. 19M makes official the results of the canvass of the
ballots submitted by the qualified electors of CFD No. 19M; and
Ordinance (C), ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX authorizes the levy of
the special tax, sets forth procedures for levying and collecting the special taxes, and authorizes the
special taxes to be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the
Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall
secure each levy of the special taxes. The City Council will be asked to introduce this ordinance and
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secure each levy of the special taxes. The City Council will be asked to introduce this ordinance and
waive the first reading today.
Future Actions
Future actions include enacting the Ordinance (second reading), and the levy of special taxes.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this action.
Consequently, this item does not present a disqualifying real property-related financial conflict of
interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the
Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. Once CFD No. 19M is
formed, the proceeds will serve three City Strategic Plan majors goals: Operational Excellence and
Healthy Community by ensuring a new and dedicated revenue stream to provide for the ongoing
maintenance the public improvements, park, and facilities being constructed in association with the
development of Freeway Commercial 2, and Connected Community by way of maintaining the
pedestrian facilities associated with the development.
CURRENT YEAR FISCAL IMPACT
All costs of formation of the CFD No. 19M are borne by the Developer and the on-going
administration will be funded entirely by CFD No. 19M. The City will recover the full cost of staff time
expended in formation of CFD No. 19M and administration activities in perpetuity.
Staff anticipates that the majority of the CFD No. 19M administration will be contracted out. The CFD
No. 19M administration cost is estimated not to exceed $20,000 annually.
ONGOING FISCAL IMPACT
The costs to administer CFD No. 19M, if established, shall be paid from the proceeds of special taxes
to be levied within CFD No. 19M. There is, therefore, no ongoing fiscal impact on the City’s General
Fund or Development Services Fund by this action.
ATTACHMENTS
1.Recorded Boundary Map
2.CFD Report
Staff Contact: Paul Oberbauer, Senior Civil Engineer, Development Services Department
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City of Chula Vista
Community Facilities District No. 19M (Freeway Commercial 2)
Special Tax Report
April 2017
Prepared by
For and on behalf of the City of Chula Vista
Main Office
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516 Fax: 951.296.1998
Regional Office
870 Market Street, Suite 1223
San Francisco, CA 94102
Toll free: 800.434.8349 Fax: 415.391.8439
2017-05-16 Agenda Packet Page 70
TABLE OF CONTENTS
INTRODUCTION 1
DESCRIPTION OF SERVICES 3
BOUNDARIES OF DISTRICT 6
COST ESTIMATE 7
Initial Maximum Amount Proposed to be Expended .............................................................................7
Fiscal Year 2017/18 Maximum Special Tax Rates...................................................................................7
Anticipated Maximum Special Tax Revenue ........................................................................................10
RATE AND METHOD OF APPORTIONMENT 11
Term of Special Tax ..............................................................................................................................11
Manner of Collection ............................................................................................................................11
GENERAL TERMS AND CONDITIONS 12
APPENDICES 13
APPENDIX A –BOUNDARY MAP A
APPENDIX B –BUDGET B
APPENDIX C –RATE AND METHOD OF APPORTIONMENT C
APPENDIX D –RESOLUTION OF INTENTION D
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Community Facilities District No.19M (Freeway Commercial 2)1
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
INTRODUCTION
The City Council (the “City Council”) of the City of Chula Vista (the “City”) did, pursuant
to the provisions of the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and
following, California Government Code; hereafter referred to as the “Act”), on April 11, 2017,
adopt a resolution entitled the Resolution of the City Council of the City of Chula Vista Declaring
Its Intention to Establish Community Facilities District No. 19M (Freeway Commercial 2)and to
Authorize the Levy of a Special Tax therein to Finance Certain Services and Setting the Public
Hearing to Consider the Establishment of the Proposed District (the “Resolution of Intention”)a
copy of the Resolution is included herein as Appendix D. In the Resolution, the City Council
expressly directed the preparation of a written Community Facilities District Report (the
“Report”), for the proposed City of Chula Vista Community Facilities District No. 19M (Freeway
Commercial 2)(the “District”).
In the Resolution to Prepare the Report, the City Council expressly ordered the
preparation of a written Report for the District containing the following :
1.A brief description of the services to be funded by the District; and
2.An estimate of the fair and reasonable initial annual cost of providing the services,
including the incidental expenses in connection therewith, any City administration
costs and all other related costs.
For particulars, reference is made to the Resolution s of the District, as previously
adopted on April 11, 2017 by the City Council.
NOW, THEREFORE, the Report has been prepared by, or under the direction of the
Director of Public Works of the City, the appointed responsible officer directed to prepare the
Report or cause the Report to be prepared pursuant to the provisions of the Act ,and does
hereby submit this Report containing the following information:
DESCRIPTION OF SERVICES. A description of the services that the City Council has
determined to be eligible to be funded by the District.
BOUNDARIES OF THE DISTRICT. The proposed boundaries of the District are those
properties and parcels on which special taxes may be levied to pa y for the costs and
expenses of the services.
COST ESTIMATE. The initial maximum cost estimate for the District services and the
anticipated initial maximum special tax revenue .
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Community Facilities District No.19M (Freeway Commercial 2)2
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
RATE AND METHOD OF APPORTIONMENT. The Rate and Method of
Apportionment of Special Tax which was included in the Resolution of Intention and
approved by the City Council.
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Community Facilities District No.19M (Freeway Commercial 2)3
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
DESCRIPTION OF SERVICES
The types of services (the “Services”) to be funded by special taxes levied within the District
shall include maintenance,servicing and replacement of (a) landscaping, including, but not
limited to, trees, shrubs, grass, other ornamental vegetation located in or on slopes, parkways
and medians; (b) facilities that are directly related to storm water conveyance, including, but
not limited to pipes and drainage inlets, the Poggi Canyon channel and detention basin or
parks; (c) walls and fencing; and (d) parks (together, the “Improvements” as specified in the list
of public facilities below), property owned by the City or propert y over which the City has an
easement authorizing the City to maintain such landscaping, facilities, walls and fencing and
trails.
For purposes of this description of the Services to be funded by the levy of special taxes within
the District, “maintenance”includes, but is not limited to, the furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any of the
Improvements, including:
(a) Repair, removal, or replacement of all facilities.
(b) Providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(c) The removal of trimmings, rubbish, debris, silt, and other solid waste.
(d) The cleaning, sandblasting, and painting of walls and other Improvement Areas to remove or
cover graffiti.
(e) The elimination, control, and removal of rodents and vermin.
(f)) The maintenance and cleaning of drainage and other storm water control facilities required
to provide storm water quality control.
"service" or "servicing" means the furnishing of:
(a) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or
for the lighting or operation of any other Improvements.
(b) Water for the irrigation of any landscaping or the operation or maintenance of any other
Improvements.
For purposes of this description of the Services to be funded by the levy of special taxes within
the District, “administrative expenses” means the actual or estimated costs incurred by the
City, acting for and on behalf of the District as the administrator thereof, to determine, levy and
collect the special taxes within the District, including salaries of City employees and a
proportionate amount of the City’s general administrative overhead related thereto, and the
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Community Facilities District No.19M (Freeway Commercial 2)4
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
fees of consultants and legal counsel providing services related to the administration of the
District; the costs of collecting installments of the special taxes levied within the District; and
any other costs required to administer the District as determined by the City.
List of Public Facilities to be Maintained
Community Facilities District No. 19M
(Freeway Commercial 2)
I.LANDSCAPE MAINTENANCE
Planted Area –Town Center Drive Parkways & Medians
Trees
Shrubs and Groundcover
Median Maintenance Hardscape
6’ Entry Monument Wall
Street Pole Lighting
Graffiti Abatement for 6’ Entry Monument Wall
Irrigation Water Cost
Planted Area –FC –2 Centerpark Road
Trees
Palms
Shrubs and Groundcover
Irrigation Water Cost
II.TOWN CENTER PARK MAINTENANCE
Planted Area
Trees
Approved Palms
Planting Material
Sod/Turf
Irrigation Water Cost
Flatwork/Walls
Seating Wall –Amphitheater Area
Seating Wall –Picnic and Hillside Area
Entry Monument Walls
Graffiti Abatement –Walls & Flatwork
Enriched Concrete –Plaza/Picnic Area
Concrete Walk
Site Amenities, Features
Splash Pad with Water Jets and Equipment
Bike Racks
Trash Receptacles
Benches
Boulder Field Play Area
Graffiti Abatement –Boulders
2017-05-16 Agenda Packet Page 75
Community Facilities District No.19M (Freeway Commercial 2)5
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
Stair System Hillside Concrete
Stair and Bridge Handrail System
Hillside Artificial Turf Slide Area
Tree Grates –5’” x 5’ Cast Iron
Pole Lights
II.TOWN CENTER PARK MAINTENANCE (Continued)
Moveable Furniture Secured with Cable
Dog Waste Bag Dispenser/Collection/Disposal
Services
Trash Collection & Disposal
Utilities (Gas & Electric)
Structures
Restroom and Storage Building
Trellis-Wood
Bridge-Wood
III.STORM WATER MAINTENANCE
Infrastructure
Catch Basins and Outlets
Public Works Staff-Clean & Flush Catch Basins
Machine Clean Pipe
CCTV Inspection
Poggi Channel/Detention Basin
Channel
Detention Basin
IV.CFD IRRIGATION CONTROLLERS
Cell Phone Service
Controller Maintenance Cost
Water Meter Fees
Irrigation Parts
Irrigation Maintenance Cost
2017-05-16 Agenda Packet Page 76
Community Facilities District No.19M (Freeway Commercial 2)6
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
BOUNDARIES OF DISTRICT
The proposed boundaries of the District are those parcels on which special taxes may be levied
and collected to pay for the costs and expenses of the District services. The proposed
boundaries of the District are identified on the map of the District recorded on April 18, 2017,
in Book 46 at Page 55 of Maps of Assessment and Community Facilities Districts as Document
No.2017-7000138 in the office of the County Recorder for the County of San Diego.The
District map is on file with the City Clerk, to which reference is hereby made and a reduced
copy of such map is set forth in Appendix A of this Report.
2017-05-16 Agenda Packet Page 77
Community Facilities District No.19M (Freeway Commercial 2)7
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
COST ESTIMATE
Initial Maximum Amount Proposed to be Expended
The annual budget presented below represents the initial maximum costs for providing the
District services.
District Costs
2017/18
Maximum Amount
Annual Services/Administrative Costs $299,560
A detailed list of the annual services and the associated costs can be located in Appendix B of
this Report.
Fiscal Year 2017/18 Maximum Special Tax Rates
The Maximum Special Tax for any Assessor’s Parcel classified as Developed Property or
Undeveloped Property shall be determined by reference to Table 1 and the paragraphs that
follow Table 1.
TABLE 1
Maximum Special Tax for Developed and Undeveloped Property
Community Facilities District No. 19M
Fiscal Year 2017/2018
Land Use Class
Maximum
Special Tax
Component
for Labor
Maximum
Special Tax
Component
for Water
Maximum
Special Tax
Component
for Asset
Replacement
Fiscal Year
2017/2018
Maximum
Special Tax
Single Family Property
with Density (DU/Acre)
of <19
$803.23 per
DU
$223.47 per
DU
$43.30 per
DU
$1,070.00
per DU
Single Family Property
with Density (DU/Acre)
of >19
$481.94 per
DU
$134.08 per
DU
$25.98 per
DU
$642.00 per
DU
Multi-Family Property
$2,614.63
per
Acre
$727.41 per
Acre
$140.96 per
Acre
$3,483.00
per Acre
2017-05-16 Agenda Packet Page 78
Community Facilities District No.19M (Freeway Commercial 2)8
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
Land Use Class
Maximum
Special Tax
Component
for Labor
Maximum
Special Tax
Component
for Water
Maximum
Special Tax
Component
for Asset
Replacement
Fiscal Year
2017/2018
Maximum
Special Tax
Non-Residential
Property
$0.32 per
Building
Square Foot
$0.09 per
Building
Square Foot
$0.02 per
Building
Square Foot
$0.43 per
Building
Square Foot
Hotel Property $4,329.94
per Acre
$1,204.62
per Acre
$233.44 per
Acre
$5,768.00
per Acre
Undeveloped Property $7,314.65
per Acre
$2,034.99
per Acre
$394.36 per
Acre
$9,744.00
per Acre
The Maximum Special Tax shall be equal to the sum of the Maximum Special Tax
Component for Labor, Maximum Special Tax Component for Water and Maximum Special
Tax Component for Asset Replacement as shown in Table 1.
In determining the Maximum Special Tax, the Maximum Special Tax Components for each
Land Use Class shall be increased in the 2018 /2019 Fiscal Year and each Fiscal Year
thereafter, as follows:
1.The annual percentage change of the Maximum Special Tax Component for Labor shall
be equal to the annual percentage change for the July immediately preceding the
current Fiscal Year and compared to the previous year’s Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI-W); and
2.The annual percentage change of the Maximum Special Tax Component for Water
shall be equal to the annual percentage change for the July immediately preceding the
current Fiscal Year and compared to the previous year’s Otay Water District
Commodity Rate; and
3.The annual percentage change of the Maximum Special Tax Component for Asset
Replacement shall be equal to the annual percentage change for the July immediately
preceding the current Fiscal Year and compared to the prior year’s Construction Cost
Index.
The Fiscal Year 2017/2018 Maximum Special Tax shall be equal to the Fiscal Year 2017 /2018
Maximum Special Tax rates listed in Table 1. In each subsequent Fiscal Year, the Maximum
Special Tax Components shall be increased by the escalation factor outlined above,
provided the Maximum Special Tax Component for Labor, the Maximum Special Tax
Component for Water and the Maximum Special Tax Component for Asset Replacement
2017-05-16 Agenda Packet Page 79
Community Facilities District No.19M (Freeway Commercial 2)9
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
shall never be less than two percent (2%) and not greater than six percent (6%) of the
maximum amounts in the preceding Fiscal Year, respectively.
2017-05-16 Agenda Packet Page 80
Community Facilities District No.19M (Freeway Commercial 2)10
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
Anticipated Maximum Special Tax Revenue
The initial maximum special tax rates are set forth in the Rate and Meth od of Apportionment
for the District. Based upon anticipated development, the anticipated initial maximum special
tax revenue is as follows:
Anticipated District Maximum
Special Tax Revenues by Land Use Category
2017/18
Maximum Special
Tax Rate
2017/18
Maximum Amount
Single Family Property with Density (DU/Acre)
of <19 $1,070.00 per DU $85,600
Single Family Property with Density (DU/Acre)
of >19 $642.00 per DU 136,104
Multi-Family Property $3,483.00 per Acre 36,244
Non-Residential Property $0.43 per Building
Square Foot 6,450
Hotel Property $5,768.00 per Acre 35,323
Undeveloped Property $9,744.00 per Acre 0.00
Total Anticipated Maximum
Special Tax Revenues*$299,721.00
*The total annual cost estimate is $299,560.At buildout, the maximum annual special tax rates generate a total
cost estimate of $299,721, as presented in the table above. The difference between the two total cost estimates is
attributable to a rounding adjustment. When the final maximum annual special tax rates were finalized, the
maximum annual special tax rates were rounded up to the nearest dollar. As a result of this rounding adjustment,
the buildout cost estimate is $161.00 higher than the annual cost estimate.
2017-05-16 Agenda Packet Page 81
Community Facilities District No.19M (Freeway Commercial 2)11
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
RATE AND METHOD OF APPORTIONMENT
All of the property located within the District, unless exempted by law or by the Rate and
Method of Apportionment, shall be taxed for the purpose of providing necessary services for
the District.Pursuant to Section 53325.3 of the Act, the tax imposed "is a special tax and not a
special assessment, and there is no requirement that the tax be apportioned on the basis of
benefit to any property." The special tax "may be based on benefit received by parcels of real
property, the cost of making facilities or authorized services available to each parcel, or other
reasonable basis as determined by the legislative body," although the special tax may not be
apportioned on an ad valorem basis pursuant to Ar ticle XIIIA of the California Constitution.
As shown in Appendix C, the adopted Rate and Method of Apportionment provides information
sufficient to allow each property owner within the District to estimate the maximum special tax
that he or she will be required to pay.
Term of Special Tax
The District special tax shall be levied as long as necessary to meet the annual special tax
requirement.
Manner of Collection
The annual special tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes; provided, however, that the District, may directly bill the special tax,
and may collect special taxes at a different time or in a different manner as necessary to meet
its financial obligations.
2017-05-16 Agenda Packet Page 82
Community Facilities District No.19M (Freeway Commercial 2)12
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
GENERAL TERMS AND CONDITIONS
The Description of the Services, as set forth herein, is general in nature. The final nature and
location of the facilities that will be maintained will be determined upon the preparation of
final plans and specifications or the approval of services.
As facilities and final plans are finalized, the City anticipates collecting a reserve prior to taking
over the maintenance of any item or obligation. However, if under any circumstance, a
situation arises where obligations are being turned over to the City prior to adequate reserves
being on hand, the City will require an adequate reserve, which the City may allow to be funded
in a different manner.
2017-05-16 Agenda Packet Page 83
Community Facilities District No.19M (Freeway Commercial 2)13
Special Tax Report
Prepared by NBS on behalf of the City of Chula Vista –April 2017
APPENDICES
Boundary Map A
Budget B
Rate and Method of Apportionment C
Resolution of Intention D
2017-05-16 Agenda Packet Page 84
APPENDIX A –BOUNDARY MAP
The boundary map for the District is shown on the following page. The lines and
dimensions of each lot or parcel within the District are those lines and dimensions shown on
the maps of the County Assessor, at the time this report was prepared, and are
incorporated by reference herein and made part of this Report.
2017-05-16 Agenda Packet Page 85
2017-05-16 Agenda Packet Page 86
APPENDIX B –BUDGET
A District Budget with a detailed list of the annual projected costs is shown on the following
page.
2017-05-16 Agenda Packet Page 87
I. LANDSCAPE MAINTENANCE BUDGET
Updated: 10/12/163/27/2017 Planning Area 12
Cost Total Annual
Quantity(a)Per Unit Duration Cost
PLANTED AREA - TOWN CENTER DRIVE PARKWAYS & MEDIANS
Trees 50 80.00$EA YR 4,000.00$
Shrubs and Groundcover 23,600 0.29$SF YR 6,844.00$
Median Maintenance Hardscape 1,500 0.40$SF YR 600.00$
6' Entry Monument Wall 1 1,700.00$LS YR 1,700.00$
Street Pole Lighting 22 200.00$EA YR 4,400.00$
Graffiti Abatement for 6' Entry Monument Wall 150 3.25$SF YR 487.50$
Irrigation water cost 23,600 0.53$SF YR 12,508.00$
PLANTED AREA - FC - 2 CENTERPARK ROAD
Trees 31 80.00$EA YR 2,480.00$
Palms 13 100.00$EA YR 1,300.00$
Shrubs and Groundcover 5,615 0.29$SF YR 1,628.35$
Irrigation water cost 5,615 0.53$SF YR 2,975.95$
PLANTED AREA - TOWN CENTER PARK
Trees 150 80.00$EA YR 12,000.00$
Approved Palms 45 100.00$EA YR 4,500.00$
Planting Material 52,700 0.29$SF YR 15,283.00$
Sod/Turf 15,000 0.42$SF YR 6,300.00$
Irrigation water cost 67,700 0.53$SF YR 35,881.00$
Flatwork/Walls
Seating Wall-Amphitheater Area 270 10.00$LF YR 2,700.00$
Seating Wall - Picnic and Hillside Area 285 10.00$LF YR 2,850.00$
Entry Monument Walls 1 1,500.00$EA YR 1,500.00$
Graffiti Abatement - Walls & Flatwork 27,240 0.40$SF YR 10,896.00$
Enriched concrete - plaza/picnic area 12,600 0.30$SF YR 3,780.00$
Concrete walk 13,800 0.30$SF YR 4,140.00$
Site Amenities, Features
Splash Pad with Water Jets and Equipment 1 15,000.00$EA YR 15,000.00$
Bike Racks 3 80.00$EA YR 240.00$
Trash Receptacles 15 250.00$EA YR 3,750.00$
Benches 21 25.00$EA YR 525.00$
Boulder Field Play Area 1 3,000.00$EA YR 3,000.00$
Graffiti Abatement - Boulders 500 1.25$SF YR 625.00$
Stair System Hillside Concrete 1 750.00$EA YR 750.00$
Stair and bridge handrail system 50 10.00$LF YR 500.00$
Hillside Artificial Turf Slide Area 1,350 0.35$SF YR 472.50$
Tree Grates - 5'x5' cast iron 18 20.00$EA YR 360.00$
Pole Lights 42 80.00$EA YR 3,360.00$
Moveable Furniture Secured with Cable 28 55.00$EA YR 1,540.00$
Dog Waste Bag Dispenser/Collection/Disposal 3 454.00$EA YR 1,362.00$
Services
Trash Collection & Disposal 1 3,600.00$LS YR 3,600.00$
Utilities (Gas & Electric)1 4,500.00$LS YR 4,500.00$
Structures
Restroom and Storage Building 1 14,600.00$EA YR 14,600.00$
Trellis-Wood 1 3,100.00$EA YR 3,100.00$
Bridge-Wood 1 1,900.00$EA YR 1,900.00$
STORM DRAINAGE INFRASTRUCTURE
All Catch Basins & Outlets 9 20.00$EA YR 180.00$
PWO Staff-Clean & Flush Catch Basins 9 67.00$EA YR 603.00$
Machine Clean Pipe 1,542 4.55$LF YR 7,016.10$
CCTV Inspection 1,542 4.75$LF YR 7,324.50$
POGGI CHANNEL / DETENTION BASIN
Channel 39 13.00$ACRES YR 507.00$
Detention Basin 39 17.50$ACRES YR 682.50$
CFD IRRIGATION CONTROLLER (Quantities=5)
Cell phone ($180 and electricity ($240) cost/yr 5 420.00$EA YR 2,100.00$
Controller Maintenance Cost 5 100.00$EA YR 500.00$
Water meter fees (4 meters at $1,0494/meter/year)5 1,404.00$EA YR 7,020.00$
Irrigation Parts 1 9,900.00$LS YR 9,900.00$
Irrigation Maintenance Cost 114,915 0.30$SF YR 34,474.50$
268,245.90$
Administrative Expenses 20,160.88$
Capital Replacement Reserve See Exhibit A (Replacement Costs)11,314.22$
Total Annual Budget (O&M + Admin + Capital Replacement Reserve)299,721.00$
All quantities are based off of preliminary exhibits. Unit costs are based on industry standards and manufacturers
Page 1 of 12017-05-16 Agenda Packet Page 88
APPENDIX C –RATE AND METHOD OF APPORTIONMENT
The following pages provide a copy of the District’s Rate and Method of Apportionment
included in the Resolution of Intention and approved by the City Council on April 11, 2017.
2017-05-16 Agenda Packet Page 89
City of Chula Vista -Community Facilities District No. 19M March 27, 2017
(Freeway Commercial 2)Page 1
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO.19M
(FREEWAY COMMERCIAL 2)
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within
the City of Chula Vista Community Facilities District No.19M (Freeway Commercial 2)(“CFD No.19M”)
and collected each Fiscal Year commencing in Fiscal Year 2017-2018 in an amount determined by the
CFD Administrator through the application of the Special Tax for Taxable Property as described below.
All of the Taxable Property within CFD No.19M, unless exempted by law or by the provisions hereof,
shall be taxed for the purposes to the extent and in the manner herein provided.
A.GENERAL DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Acre”or “Acreage”means the land area of an Assessor’s Parcel as shown on County records, such
as an Assessor’s Parcel Map or secured roll data, or if the land area is not shown on an Assessor’s
Parcel Map, the land area shown on the applicable Final Subdivision Map, condominium plan, record
of survey, or other recorded document creating or describing the parcel. If the preceding maps for a
land area are not available, the Acreage of such land area may be determined utilizing available
spatial data and GIS.The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by
43,560.
“Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses”means the actual or reasonably estimated costs incurred by the City
acting for and on behalf of the CFD as administrator thereof, to determine, levy and collect the
Special Taxes, in responding to public inquiries regarding the Special Taxes, including salaries of City
employees and a proportionate amount of the City’s general administ rative overhead related
thereto;the fees of consultants and legal counsel providing services related to the administration of
the CFD; any amounts estimated or advanced by the City or CFD for any other administrative
purposes; and any other costs required to administer the CFD as determined by the City.
“Assessor’s Parcel”means a lot or parcel shown in an Assessor’s Parcel Map with an assigned
assessor’s parcel number.
“Assessor’s Parcel Map”means an official map of the County Assessor of the County designating
lots or parcels by an Assessor’s Parcel number.
“Authorized Services”means those authorized maintenance activities and/or services, and
expenses that may be funded by CFD No. 19M pursuant to the Act as amended, including, without
limitation, those services authorized to be funded by CFD No. 19M as set forth in the documents
adopted by the City Council at the time CFD No. 19M was formed.
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City of Chula Vista -Community Facilities District No. 19M March 27, 2017
(Freeway Commercial 2)Page 2
“Building Square Foot” or “Square Footage”means the square footage as shown on a building
permit for an Assessor’s Parcel of Non-Residential Property.
“Capital Replacement Reserve Fund”means a fund that shall be maintained for the CFD for each
Fiscal Year to provide for the accumulation and holding of funds for long-term capital projects, asset
replacement, or other large anticipated expenditures.
“CFD Administrator”means an official of the City, or designee thereof, responsible for determining
the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No.19M”or “CFD”means City of Chula Vista Community Facilities District No.19M (Freeway
Commercial 2).
“City”means the City of Chula Vista.
“City Council”means the City Council of the City, acting as the legislative body of CFD No.19M.
“City Finance Director”means the Finance Director of the City or his or her designee.
“City Manager”means the City Manager of the City or his or her designee.
“County”means the County of San Diego.
“County Assessor”means the Assessor of the County or his or her designee.
“County Recorder”means the Recorder of the County or his or her designee.
“Community Purpose Facility Property”or “CPF Property”means all Assessor’s Parcels that are
classified as community purpose facilities and meet the requirements of Chula Vista Municipal Code
Section 19.48.025, as amended from time to time.
“Construction Cost Index”means, for any Fiscal Year, the applicable Construction Cost Index for the
Los Angeles Area as set forth in the Engineering News Record for July of the preceding Fiscal Year.In
the event that this rate is no longer published or provided, the CFD Administrator shall choose a
comparable rate to use in its place.
“Consumer Price Index for Urban Wage Earners and Clerical Workers”or “CPI-W”means the
applicable CPI-W as set forth by the United States Department of Labor, Bureau of Labor Statistics
for July of the preceding Fiscal Year.In the event that this rate is no longer published or provided,
the CFD Administrator shall choose a comparable rate to use in its place.
“Density”means for each Assessor’s Parcel of Single Family Property the number of Dwelling Units
per gross Acre as determined based on the approved tentative map or approved tentative parcel
map entitling the development unless otherwise approved in writing by the City Manager.
“Developed Property”means all Taxable Property for which a building permit was issued prior to
the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
2017-05-16 Agenda Packet Page 91
City of Chula Vista -Community Facilities District No. 19M March 27, 2017
(Freeway Commercial 2)Page 3
“Dwelling Unit”or “DU”means each separate residential dwelling unit that comprises an
independent facility capable of conveyance or rental separate from adjacent residential dwelling
units.
“Estimated Special Tax Delinquency Amount”a reasonable estimate of delinquencies expected to
occur in the Fiscal Year in which the Special Tax will be levied based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year.
“Exempt Property”means all Assessors’ Parcels that are exempt from the Special Tax pursuant to
law or Section E herein.
“Final Subdivision Map”means a subdivision of property creating residential or non-residential
buildable lots by recordation of a Final Subdivision Map or parcel map pursuant to the Subdivision
Map Act (California Government Code Section 66410 et seq.), or recordation of a cond ominium plan
pursuant to the California Civil Code 1352, that creates individual lots for which building permits
may be issued without further subdivision and is recorded prior to March 1st preceding the Fiscal
Year in which the Special Tax is being levied.
“Fiscal Year”means the period starting July 1st and ending on the following June 30th.
“Hotel Property”means all Assessor’s Parcels of Developed Property for which a building permit(s)
has been issued for purposes of constructing one or more structures comprising of individual
sleeping or living units, except as otherwise provided herein, for the accommodation of transient
guests.
“Land Use Class”means any of the classes listed in Table 1.
“Maximum Special Tax”means the Maximum Special Tax, determined in accordance with Section C,
which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Multi-Family Property”means all Assessor’s Parcels of Residential Property consisting of two or
more for-rent Dwelling Units that share common walls, including, but not limited to, apartments and
Residential Property that are not for sale to an end user and are under common management.
“Non-Residential Property”means all Assessor’s Parcels of Developed Property,for which a building
permit(s) has been issued for a structure or structures for non-residential use, excluding Hotel
Property.
“Otay Water District Commodity Rate”means the maximum rate charged by the Otay Water
District for recycled water on the preceding July 1st of any Fiscal Year.In the event that this rate is no
longer published or provided, the CFD Administrator shall choose a comparable rate to use in its
place.
“Property Owner Association Property”means any Assessor’s Parcel within the boundaries of the
CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the
County Recorder to, a property owner association, including any master or sub-association.
2017-05-16 Agenda Packet Page 92
City of Chula Vista -Community Facilities District No. 19M March 27, 2017
(Freeway Commercial 2)Page 4
“Proportionately”means for Taxable Property that the ratio of the Special Tax to the Maximum
Special Tax is equal for all Taxable Property levied within each Land Use Class within CFD No.19M.
“Public Property”means any property within the boundaries of CFD No.19M which (i) is owned by
a public agency or expected to be owned by a public agency at the time of CFD formation, (ii) has
been irrevocably offered for dedication to a public agency, or (iii) is designated with specific
boundaries and acreage on a Final Subdivision Map as property which will be owned by a public
agency.For purposes of this definition, a public agency includes the federal government, the State
of California, the County, the City,or any other public agency.
“Operating Reserve Fund”means a fund that shall be maintained for the CFD each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover
monitoring, maintenance and repair cost overruns and delinquencies in the payment of S pecial
Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
“Residential Property”means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for purposes of constructing one or more residential Dwelling Unit(s).
“Single Family Property”means all Assessor’s Parcels of Residential Property consisting of one or
more Dwelling Unit(s) that may or may not share common walls with one or more other Dwelling
Unit(s), including, but not limited to, duplexes, triplexes, townhomes, condominiums ,and other
Residential Properties that are for sale to an end user and are not under common management.
“Special Tax”means the Special Tax levied in each Fiscal Year on each Assessor’s Parcel of Taxable
Property to fund the Special Tax Requirement.
“Special Tax Requirement”means the amount, as determined by the CFD Administrator, for any
Fiscal Year to: (i) pay the costs of providing the Authorized Services during such Fiscal Year, (ii) pay
Administrative Expenses associated with the Special Tax, (iii) establish or replenish the Operating
Reserve Fund, (iv)establish or replenish the Capital Replacement Reserve Fund, (v)pay for the
replacement costs of park or other public improvements within the CFD, (v i)pay incidental expenses
related to the Authorized Services as authorized pursuant to the Act, (vii) fund an amount equal to
the Estimated Special Tax Delinquency Amount,and (viii) fund the shortfall, if any, in the Special Tax
revenues collected in the preceding Fiscal Year where such shortfall resulted from delinquencies in
the payment of Special Taxes in such Fiscal Year that exceeded the Estimated Special Tax
Delinquency Amount included in the Special Tax Requirement for the preceding Fiscal Year, less (ix)
any excess funds available in the Operating Reserve Fund,Capital Replacement Reserve Fund, or
other funds associated with CFD No. 19M as determined by the City Finance Director.
“State”means the State of California.
“Taxable Property”means all of the Assessor’s Parcels within the boundaries of CFD No.19M,that
are not Exempt Property from the CFD No.19M Special Tax pursuant to law or Section E.
“Undeveloped Property”means for each Fiscal Year, all Taxable Property not classified as
Developed Property.
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City of Chula Vista -Community Facilities District No. 19M March 27, 2017
(Freeway Commercial 2)Page 5
B.ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2017-2018, using the definitions above, each Assessor’s
Parcel within CFD No. 19M shall be classified by the CFD Administrator as Taxable Property or
Exempt Property.Commencing with Fiscal Year 2017-2018 and for each subsequent Fiscal Year,
Taxable Property shall be subject to the levy of Special Taxes pursuant to Section C.In addition,in
each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the
CFD Administrator as Developed Property or Undeveloped Property.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1 of Section C.
The Land Use Class of each Assessor’s Parcel shall be determined based on the records of the County
Assessor or other such information provided by the City.In some instances, an Assessor’s Parcel of
Developed Property may contain more than one Land Use Class.The Maximum Special Tax
determined on such Assessor’s Parcel shall be the sum of the Maximum Special Taxes for a ll Land
Use Classes located on that Assessor’s Parcel.
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City of Chula Vista -Community Facilities District No. 19M March 27, 2017
(Freeway Commercial 2)Page 6
C.MAXIMUM SPECIAL TAX RATE
The Maximum Special Tax for any Assessor’s Parcel classified as Developed Property or
Undeveloped Property shall be determined by reference to Table 1 and the paragraphs that follow
Table 1.
TABLE 1
Maximum Special Tax for Developed and Undeveloped Property
Community Facilities District No. 19M
Fiscal Year 2017-2018
Land Use Class
Maximum
Special Tax
Component
for Labor
Maximum
Special Tax
Component
for Water
Maximum
Special Tax
Component
for Asset
Replacement
Fiscal Year
2017-2018
Maximum
Special Tax
Single Family Property
with Density (DU/Acre) of
<19
$803.23 per
DU
$223.47 per
DU
$43.30 per
DU
$1,070.00 per
DU
Single Family Property
with Density (DU/Acre)of
>19
$481.94per
DU
$134.08 per
DU
$25.98 per
DU
$642.00 per
DU
Multi-Family Property $2,614.63 per
Acre
$727.41 per
Acre
$140.96 per
Acre
$3,483.00 per
Acre
Non-Residential Property
$0.32 per
Building
Square Foot
$0.09 per
Building
Square Foot
$0.02 per
Building
Square Foot
$0.43 per
Building
Square Foot
Hotel Property $4,329.94 per
Acre
$1,204.62 per
Acre
$233.44 per
Acre
$5,768.00 per
Acre
Undeveloped Property $7,314.65 per
Acre
$2,034.99 per
Acre
$394.36 per
Acre
$9,744.00 per
Acre
The Maximum Special Tax shall be equal to the sum of the Maximum Special Tax Component for
Labor, Maximum Special Tax Component for Water and Maximum Special Tax Component for Asset
Replacement as shown in Table 1.
In determining the Maximum Special Tax,the Maximum Special Tax Components for each Land Use
Class shall be increased in the 2018-2019 Fiscal Year and each Fiscal Year thereafter, as follows:
1.The annual percentage change of the Maximum Special Tax Component for Labor shall be
equal to the annual percentage change for the July immediately preceding the current Fiscal
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Year and compared to the previous year’s Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W); and
2.The annual percentage change of the Maximum Special Tax Component for Water shall be
equal to the annual percentage change for the July immediately preceding the current Fiscal
Year and compared to the previous year’s Otay Water District Commodity Rate; and
3.The annual percentage change of the Maximum Special Tax Component for Asset
Replacement shall be equal to the annual percentage change for the July immediately
preceding the current Fiscal Year and compared to the prior year’s Construction Cost Index.
The Fiscal Year 2017-2018 Maximum Special Tax shall be equal to the Fiscal Year 2017-2018
Maximum Special Tax rates listed in Table 1.In each subsequent Fiscal Year, the Maximum Special
Tax Components shall be increased by the escalation factor outlined above in Section C (1,2, and 3),
provided the Maximum Special Tax Component for Labor, the Maximum Special Tax Component for
Water and the Maximum Special Tax Component for Asset Replacement shall never be less than two
percent (2%) and not greater than six percent (6%)of the maximum amounts in the preceding Fiscal
Year, respectively.
D.METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing with Fiscal Year 2017-2018, and for each subsequent Fiscal Year, the CFD
Administrator shall levy the Special Tax at the rates established in Section C on all Taxable Property
within CFD No. 19M until the total amount of Special Tax levied equals the Special Tax Requirement.
The Special Tax shall be levied each Fiscal Year as follows:
1.The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed
Property within the CFD up to one hundred percent (100%) of the applicable Maximum
Special Tax.
2.If additional monies are needed to satisfy the Special Tax Requirement after Developed
Property has been levied one hundred percent (100%) of their Maximum Special Tax, the
remaining amount needed to satisfy the Special Tax Requirement shall be levied
Proportionately on each Assessor’s Parcel of Undeveloped Property at up to one hundred
percent (100%) of the Maximum Special Tax on Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor’s Parcel of Residential Property be increased because of delinquency or default by the
owner of any other Assessor’s Parcel within the CFD by more than ten percent (10%) above what
such Special Tax would have been in the absence of delinquencies.
E.EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: Public Property,Property
Owner Association Property,Community Purpose Facility Property,and Assessor’s Parcels with
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public or utility easements making impractical their utilization for any use other than the purposes
set forth in the easement.
If the use of an Assessor's Parcel changes so that such Assessor's Parcel is no longer eligible to be
classified as Exempt Property under this section,such Assessor’s Parcel shall be deemed to be
Taxable Property.
F.PREPAYMENT OF SPECIAL TAX
The Maximum Special Tax may not be prepaid and shall continue to be levied in accordance with
Section D of this Rate and Method of Apportionment on an annual basis on all Taxable Property in
CFD No. 19M for the purpose of funding ongoing Authorized Services.
G.REVIEW/APPEALS
The CFD Administrator may establish such procedures, as it deems necessary to undertake the
review of any such appeal.The CFD Administrator shall interpret this Rate and Method of
Apportionment and make determinations relative to the annual administration of the Special Tax
and any property owner appeals, as herein specified.
Any property owner who feels that the amount of the Special Tax levied on their Assessor’s Parcel is
in error shall first consult with the CFD Administrator regarding such error.If following such
consultation,the CFD Administrator determines that an error has occurred;the CFD Administrator
in consultation with the City Finance Director shall take any of the following actions to correct the
error:
Amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current
Fiscal Year,
Require the CFD to reimburse the property owner for the amount of the overpayment for
the current Fiscal Year to the extent of available CFD funds,or
Grant a credit against, eliminate or reduce the future Special Taxes on the property owner’s
Assessor’s Parcel(s)for overpayment for the current Fiscal Year.
If following such consultation and action (if any by the CFD Administrator), the property owner
believes such error still exists, such person may file a written notice with the City Finance Director
appealing the amount of the Special Tax levied on such Assessor's Parcel. If following such
consultation and action (if any by the City Finance Director), the property owner believes such error
still exists, such person may file a written notice with the City Council appealing the amount of the
Special Tax levied on such Assessor's Parcel.If the City’s Finance Director, City Council or designee
determines an error exists;the CFD Administrator shall take any actions as described above, in
order to correct the error.The decision of the City Council shall be final and binding to all persons.
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H.INTERPRETATIONS
The CFD Administrator may make interpretations.If necessary, interpretations may be made by the
City Council, by ordinance or resolution, for purposes of clarifying any vagueness or ambiguity as it
relates to this Rate and Method of Apportionment.
I.MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that CFD No.19M, may, at the sole discretion of the
City, directly bill the Special Tax,and may collect the Special Taxes at a different time or in a
different manner as necessary to meet its financial obligations.
J.REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the
property owners of Assessor’s Parcels in CFD No.19M, the City shall cease to levy the Special Tax
and shall cease to be obligated to provide the Authorized Services for which the Special Tax was
levied. The obligation to provide the Authorized Services previously funded by the repealed Special
Tax shall become the joint obligations of the property owners of Assessor’s Parcels within CFD No.
19M.
K.TERM OF SPECIAL TAX
The Maximum Special Tax shall be levied commencing in Fiscal Year 2017-2018 and shall be levied in
perpetuity, unless and until such time the City determines that revenues are no longer needed to
pay the Special Tax Requirement.
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APPENDIX D –RESOLUTION OF INTENTION
The following pages provide a copy of the Resolution of Intention as approved by the City
Council on April 11, 2017.
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RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. 19M (FREEWAY COMMERCIAL 2), AND AUTHORIZING
SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED
ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista, California (the “City Council”),
has previously declared its intention to form a community facilities district and ordered the
preparation of a community facilities district report relating to the initiation of proceedings to
create such community facilities district pursuant to the terms and provisions of the “Mello-Roos
Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (the “Act”) and the City of Chula Vista Community
Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista
under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
“Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community
Facilities District Law”). This community facilities district shall hereinafter be referred to as
Community Facilities District No. 19M (Freeway Commercial 2) (“CFD No. 19M”); and,
WHEREAS, notice of a public hearing relating to the establishment of the CFD No. 19M,
the extent of CFD No. 19M, the financing of certain types of services and all other related
matters has been given, and a community facilities district report (the “CFD No. 19M Report”),
as ordered by this City Council, has been presented to this City Council and has been made a part
of the record of the hearing to establish CFD No. 19M; and,
WHEREAS, all communications relating to the establishment of CFD No. 19M, the
proposed services and the rate and method of apportionment of the special tax proposed to be
levied within CFD No. 19M have been presented, and it has further been determined that a
majority protest as defined by law has not been received against these proceedings or the levy of
the special tax within CFD No. 19M; and
WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing
within the territory of CFD No. 19M for at least the preceding ninety (90) days, the authorization
to levy special taxes within CFD No. 19M shall be submitted to the landowners of CFD No.
19M, such landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Determinations. It is hereby determined by this City Council that:
A. All prior proceedings pertaining to the formation of CFD No. 19M were valid and
taken in conformity with the requirements of the law, and specifically the
provisions of the Community Facilities District Law, and that this finding and
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determination is made pursuant to the provisions of Government Code Section
53325.1.
B. The written protests received, if any, do not represent a majority protest as
defined by the applicable provisions of the Community Facilities District Law
and, therefore, the special tax proposed to be levied within CFD No. 19M has not
been precluded by majority protest pursuant to Section 53324 of the Government
Code of the State of California.
C. CFD No. 19M as proposed conforms with the City of Chula Vista Statement of
Goals and Policies Regarding the Establishment of Community Facilities Districts
(the “Goals and Policies”), as amended.
D. Less than twelve (12) registered voters have resided within the territory of CFD
No. 19M for each of the ninety (90) days preceding the close of the public
hearing, therefore, pursuant to the Act the qualified electors of CFD No. 19M
shall be the landowners of CFD No. 19M as such term is defined in Government
Code Section 53317(f) and each such landowner who is the owner of record as of
the close of the public hearing, or the authorized representative thereof, shall have
one vote for each acre or portion of an acre of land that she or he owns within
CFD No. 19M.
E. The time limit specified by the Community Facilities District Law for conducting
an election to submit the levy of the special taxes to the qualified electors of CFD
No. 19M and the requirements for impartial analysis and ballot arguments have
been waived with the unanimous consent of the qualified electors of CFD No.
19M.
F. The City Clerk, acting as the election official, has consented to conducting any
required election on a date which is less than 125 days following the adoption of
any resolution forming and establishing CFD No. 19M.
SECTION 3. Community Facilities District Report. The CFD No. 19M Report, as now
submitted by NBS, Special Tax Consultant, shall stand as the report required pursuant to
Government Code Section 53321.5 for all future proceedings and all terms and contents are
approved as set forth therein.
SECTION 4. Name of District. The City Council does hereby establish and declare the
formation of CFD No. 19M known and designated as “Community Facilities District No. 19M
(Freeway Commercial 2).”
SECTION 5. Boundaries of CFD No. 19M. The boundaries of CFD No. 19M are
generally described as follows:
All property within the boundaries of Community Facilities District No. 19M
(Freeway Commercial 2), as shown on a boundary map as previously approved by
this legislative body, such map designated “Proposed Boundaries of Community
Facilities District No. 19M (Freeway Commercial 2), City of Chula Vista, County
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of San Diego, State of California,” a copy of which is on file in the Office of the
City Clerk. The boundary map of the proposed District was filed on April 18,
2017 pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the
State of California in the Office of the County Recorder of the County of San
Diego (the “County”), at Page 55 of Book 46 of the Book of Maps of Assessment
and Community Facilities Districts of the County as Document Number 2017-
7000138.
SECTION 6. Description of Services. It is the intention of this City Council to finance
certain services (the “Services”) that are in addition to those provided in or required for the
territory within CFD No. 19M and will not be replacing services already available. A general
description of the services to be provided is provided in Exhibit “A” attached hereto.
SECTION 7. Special Tax. Except where funds are otherwise available special taxes
sufficient to pay for the Services, to establish or replenish a reserve fund, the replacement costs
of park or other public improvements within the District and related incidental expenses
authorized by the Community Facilities District Law, secured by recordation of a continuing lien
against all non-exempt real property in CFD No. 19M, are hereby authorized, subject to voter
approval, to be levied annually within the boundaries of CFD No. 19M. For further particulars
as to the rate and method of apportionment of the special taxes proposed to be levied within CFD
No. 19M, reference is made to the attached and incorporated Exhibit “B,” which sets forth in
sufficient detail the rate and method of apportionment to allow each landowner or resident within
CFD No. 19M to clearly estimate the maximum amount that such person will have to pay for
such services.
The special taxes herein authorized shall be collected in the same manner as ad valorem
property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any
case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative
body may, by resolution, establish and adopt an alternate or supplemental procedure as
necessary. Any special taxes that may not be collected on the County tax roll shall be collected
through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on
behalf of CFD No. 19M.
Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the
Streets and Highways Code of the State of California, a continuing lien to secure each levy of the
special tax shall attach to all non-exempt real property in CFD No. 19M and this lien shall
continue in force and effect until the lien canceled in accordance with law or until collection of
the tax by the legislative body ceases. The special tax obligation for any parcel may not be
prepaid.
SECTION 8. Special Tax Accountability Measures. Pursuant to and in compliance with
the provisions of Government Code Section 50075.1, this City Council hereby establishes the
following accountability measures pertaining to the levy by CFD No. 19M of the special taxes
described in Section 7 above:
A. Each such special tax shall be levied for the specific purposes set forth in Section
7. above.
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B. The proceeds of the levy of each such special tax shall be applied only to the
specific applicable purposes set forth in Section 7. above.
C. CFD No. 19M shall establish a separate account into which the proceeds of each
such special tax shall be deposited.
D. The City Manager or his or her designee, acting for and on behalf of CFD No.
19M, shall annually file a report with the City Council as required pursuant to
Government Code Section 50075.3.
SECTION 9. Preparation of Annual Tax Roll. The name, address and telephone
number of the office, department or bureau which will be responsible for preparing annually a
current roll of special tax levy obligations by Assessor's parcel number and which shall be
responsible for estimating future special tax levies pursuant to Section 53340.1 of the
Government Code of the State of California, are as follows:
Engineering Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5021
SECTION 10. Election. This legislative body herewith submits the levy of the special
taxes to the qualified electors of CFD No. 19M, such electors being the landowners within CFD
No. 19M, with each landowner having one (1) vote for each acre or portion thereof of land which
he or she owns within CFD No. 19M.
This legislative body hereby further directs that a separate ballot proposition relating to
the levy of the above referenced special taxes within CFD No. 19M be combined and
consolidated with the proposition set forth in Section 11 below relating to the establishment of an
appropriations limit for CFD No. 19M.
The proposition related to the levy of the special taxes, together with a proposition to
establish an appropriations limit for CFD No. 19M, shall be submitted to the qualified electors of
CFD No. 19M at a special election to be held on (a) May 16, 2017, immediately following the
adoption of this resolution or (b) such other date as the qualified electors and the City Clerk may
mutually agree and such election shall be a special election to be conducted by the City Clerk
(hereinafter referred to as the “Election Official”). If either or both of the propositions for the
levy of the special taxes receive the approval of more than two-thirds (2/3rds) of the votes cast
on the proposition, the special tax thereby approved may be levied as provided for in this
Resolution.
SECTION 11. Ballot Proposals. The ballot proposals to be submitted to the qualified
electors of CFD No. 19M at the election shall generally be as follows:
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PROPOSITION A
Shall Community Facilities District No. 19M (Freeway Commercial 2), subject to
the accountability measures required pursuant to Government Code Section
50075.1, levy a special tax throughout Community Facilities District No. 19M
(Freeway Commercial 2) pursuant to the rate and method of apportionment
attached as Exhibit A to this ballot for the purposes of financing the services
described in Exhibit B to this ballot?
PROPOSITION B
Shall Community Facilities District No. 19M (Freeway Commercial 2) establish
an Article XIIIB appropriations limit equal to $600,000?
SECTION 12. Vote. The appropriate mark placed in the voting square after the word
“YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark
placed in the voting square after the word “NO” in the manner as authorized, shall be counted
against the adoption of such proposition.
SECTION 13. Election Procedure. The Election Official is hereby authorized to take any
and all steps necessary for holding the above election. The Election Official shall perform and
render all services and proceedings incidental to and connected with the conduct of the election,
including but not limited to, the following:
1. Prepare and furnish the necessary election supplies for the conduct of the election.
2. Cause to be printed the requisite number of official ballots, tally sheets and other
necessary forms.
3. Furnish official ballots for the qualified electors of CFD No. 19M.
4. Cause the official ballots to be presented to the qualified electors, as required by
law.
5. Receive the returns of the election and supplies.
6. Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
7. Canvass the returns of the election.
8. Furnish a tabulation of the number of votes given in the election.
9. Conduct and handle all other matters relating to the proceedings and conduct of
the election in the manner and form as required by law.
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SECTION 14. Effective Date. This Resolution shall become effective immediately upon
its adoption.
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
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EXHIBIT “A”
DESCRIPTION OF SERVICES
The types of services (the “Services”) to be funded by special taxes levied within the District
shall include maintenance, servicing and replacement of (a) landscaping, including, but not
limited to, trees, shrubs, grass, other ornamental vegetation located in or on slopes, parkways and
medians; (b) facilities that are directly related to storm water conveyance, including, but not
limited to pipes and drainage inlets, the Poggi Canyon channel and detention basin or parks; (c)
walls and fencing; and (d) parks (together, the “Improvements” as specified in the list of public
facilities below), property owned by the City of Chula Vista (“City”) or property over which the
City has an easement authorizing the City to maintain such landscaping, facilities, walls and
fencing and trails.
For purposes of this description of the Services to be funded by the levy of special taxes within
the District, “maintenance” includes, but is not limited to, the furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any of the
Improvements, including:
(a) Repair, removal, or replacement of all facilities.
(b) Providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(c) The removal of trimmings, rubbish, debris, silt, and other solid waste.
(d) The cleaning, sandblasting, and painting of walls and other Improvement Areas to remove or
cover graffiti.
(e) The elimination, control, and removal of rodents and vermin.
(f)) The maintenance and cleaning of drainage and other storm water control facilities required to
provide storm water quality control.
"service" or "servicing" means the furnishing of:
(a) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or
for the lighting or operation of any other Improvements.
(b) Water for the irrigation of any landscaping or the operation or maintenance of any other
Improvements.
For purposes of this description of the Services to be funded by the levy of special taxes within
the District, “administrative expenses” means the actual or estimated costs incurred by the City,
acting for and on behalf of the District as the administrator thereof, to determine, levy and collect
the special taxes within the District, including salaries of City employees and a proportionate
amount of the City’s general administrative overhead related thereto, and the fees of consultants
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and legal counsel providing services related to the administration of the District; the costs of
collecting installments of the special taxes levied within the District; and any other costs required
to administer the District as determined by the City.
List of Public Facilities to be Maintained
Community Facilities District No. 19M
(Freeway Commercial 2)
I.LANDSCAPE MAINTENANCE
Planted Area – Town Center Drive Parkways & Medians
Trees
Shrubs and Groundcover
Median Maintenance Hardscape
6’ Entry Monument Wall
Street Pole Lighting
Graffiti Abatement for 6’ Entry Monument Wall
Irrigation Water Cost
Planted Area – FC – 2 Centerpark Road
Trees
Palms
Shrubs and Groundcover
Irrigation Water Cost
II.TOWN CENTER PARK MAINTENANCE
Planted Area
Trees
Approved Palms
Planting Material
Sod/Turf
Irrigation Water Cost
Flatwork/Walls
Seating Wall – Amphitheater Area
Seating Wall – Picnic and Hillside Area
Entry Monument Walls
Graffiti Abatement – Walls & Flatwork
Enriched Concrete – Plaza/Picnic Area
Concrete Walk
Site Amenities, Features
Splash Pad with Water Jets and Equipment
Bike Racks
Trash Receptacles
Benches
Boulder Field Play Area
Graffiti Abatement – Boulders
Stair System Hillside Concrete
Stair and Bridge Handrail System
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II. TOWN CENTER PARK MAINTENANCE (Continued)
Hillside Artificial Turf Slide Area
Tree Grates – 5’” x 5’ Cast Iron
Pole Lights
Moveable Furniture Secured with Cable
Dog Waste Bag Dispenser/Collection/Disposal
Services
Trash Collection & Disposal
Utilities (Gas & Electric)
Structures
Restroom and Storage Building
Trellis-Wood
Bridge-Wood
III. STORM WATER MAINTENANCE
Infrastructure
Catch Basins and Outlets
Public Works Staff-Clean & Flush Catch Basins
Machine Clean Pipe
CCTV Inspection
Poggi Channel/Detention Basin
Channel
Detention Basin
IV. CFD IRRIGATION CONTROLLERS
Cell Phone Service
Controller Maintenance Cost
Water Meter Fees
Irrigation Parts
Irrigation Maintenance Cost
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EXHIBIT “B”
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 19M
(FREEWAY COMMERCIAL 2)
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RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO.19M
(FREEWAY COMMERCIAL 2)
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within
the City of Chula Vista Community Facilities District No.19M (Freeway Commercial 2)(“CFD No.19M”)
and collected each Fiscal Year commencing in Fiscal Year 2017-2018 in an amount determined by the
CFD Administrator through the application of the Special Tax for Taxable Property as described below.
All of the Taxable Property within CFD No.19M, unless exempted by law or by the provisions hereof,
shall be taxed for the purposes to the extent and in the manner herein provided.
A.GENERAL DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Acre”or “Acreage”means the land area of an Assessor’s Parcel as shown on County records, such
as an Assessor’s Parcel Map or secured roll data, or if the land area is not shown on an Assessor’s
Parcel Map, the land area shown on the applicable Final Subdivision Map, condominium plan, record
of survey, or other recorded document creating or describing the parcel. If the preceding maps for a
land area are not available, the Acreage of such land area may be determined utilizing available
spatial data and GIS.The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by
43,560.
“Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses”means the actual or reasonably estimated costs incurred by the City
acting for and on behalf of the CFD as administrator thereof, to determine, levy and collect the
Special Taxes, in responding to public inquiries regarding the Special Taxes, including salaries of City
employees and a proportionate amount of the City’s general administ rative overhead related
thereto;the fees of consultants and legal counsel providing services related to the administration of
the CFD; any amounts estimated or advanced by the City or CFD for any other administrative
purposes; and any other costs required to administer the CFD as determined by the City.
“Assessor’s Parcel”means a lot or parcel shown in an Assessor’s Parcel Map with an assigned
assessor’s parcel number.
“Assessor’s Parcel Map”means an official map of the County Assessor of the County designating
lots or parcels by an Assessor’s Parcel number.
“Authorized Services”means those authorized maintenance activities and/or services, and
expenses that may be funded by CFD No. 19M pursuant to the Act as amended, including, without
limitation, those services authorized to be funded by CFD No. 19M as set forth in the documents
adopted by the City Council at the time CFD No. 19M was formed.
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“Building Square Foot” or “Square Footage”means the square footage as shown on a building
permit for an Assessor’s Parcel of Non-Residential Property.
“Capital Replacement Reserve Fund”means a fund that shall be maintained for the CFD for each
Fiscal Year to provide for the accumulation and holding of funds for long-term capital projects, asset
replacement, or other large anticipated expenditures.
“CFD Administrator”means an official of the City, or designee thereof, responsible for determining
the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No.19M”or “CFD”means City of Chula Vista Community Facilities District No.19M (Freeway
Commercial 2).
“City”means the City of Chula Vista.
“City Council”means the City Council of the City, acting as the legislative body of CFD No.19M.
“City Finance Director”means the Finance Director of the City or his or her designee.
“City Manager”means the City Manager of the City or his or her designee.
“County”means the County of San Diego.
“County Assessor”means the Assessor of the County or his or her designee.
“County Recorder”means the Recorder of the County or his or her designee.
“Community Purpose Facility Property”or “CPF Property”means all Assessor’s Parcels that are
classified as community purpose facilities and meet the requirements of Chula Vista Municipal Code
Section 19.48.025, as amended from time to time.
“Construction Cost Index”means, for any Fiscal Year, the applicable Construction Cost Index for the
Los Angeles Area as set forth in the Engineering News Record for July of the preceding Fiscal Year.In
the event that this rate is no longer published or provided, the CFD Administrator shall choose a
comparable rate to use in its place.
“Consumer Price Index for Urban Wage Earners and Clerical Workers”or “CPI-W”means the
applicable CPI-W as set forth by the United States Department of Labor, Bureau of Labor Statistics
for July of the preceding Fiscal Year.In the event that this rate is no longer published or provided,
the CFD Administrator shall choose a comparable rate to use in its place.
“Density”means for each Assessor’s Parcel of Single Family Property the number of Dwelling Units
per gross Acre as determined based on the approved tentative map or approved tentative parcel
map entitling the development unless otherwise approved in writing by the City Manager.
“Developed Property”means all Taxable Property for which a building permit was issued prior to
the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
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“Dwelling Unit”or “DU”means each separate residential dwelling unit that comprises an
independent facility capable of conveyance or rental separate from adjacent residential dwelling
units.
“Estimated Special Tax Delinquency Amount”a reasonable estimate of delinquencies expected to
occur in the Fiscal Year in which the Special Tax will be levied based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year.
“Exempt Property”means all Assessors’ Parcels that are exempt from the Special Tax pursuant to
law or Section E herein.
“Final Subdivision Map”means a subdivision of property creating residential or non-residential
buildable lots by recordation of a Final Subdivision Map or parcel map pursuant to the Subdivision
Map Act (California Government Code Section 66410 et seq.), or recordation of a cond ominium plan
pursuant to the California Civil Code 1352, that creates individual lots for which building permits
may be issued without further subdivision and is recorded prior to March 1st preceding the Fiscal
Year in which the Special Tax is being levied.
“Fiscal Year”means the period starting July 1st and ending on the following June 30th.
“Hotel Property”means all Assessor’s Parcels of Developed Property for which a building permit(s)
has been issued for purposes of constructing one or more structures comprising of individual
sleeping or living units, except as otherwise provided herein, for the accommodation of transient
guests.
“Land Use Class”means any of the classes listed in Table 1.
“Maximum Special Tax”means the Maximum Special Tax, determined in accordance with Section C,
which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Multi-Family Property”means all Assessor’s Parcels of Residential Property consisting of two or
more for-rent Dwelling Units that share common walls, including, but not limited to, apartments and
Residential Property that are not for sale to an end user and are under common management.
“Non-Residential Property”means all Assessor’s Parcels of Developed Property,for which a building
permit(s) has been issued for a structure or structures for non-residential use, excluding Hotel
Property.
“Otay Water District Commodity Rate”means the maximum rate charged by the Otay Water
District for recycled water on the preceding July 1st of any Fiscal Year.In the event that this rate is no
longer published or provided, the CFD Administrator shall choose a comparable rate to use in its
place.
“Property Owner Association Property”means any Assessor’s Parcel within the boundaries of the
CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the
County Recorder to, a property owner association, including any master or sub-association.
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“Proportionately”means for Taxable Property that the ratio of the Special Tax to the Maximum
Special Tax is equal for all Taxable Property levied within each Land Use Class within CFD No.19M.
“Public Property”means any property within the boundaries of CFD No.19M which (i) is owned by
a public agency or expected to be owned by a public agency at the time of CFD formation, (ii) has
been irrevocably offered for dedication to a public agency, or (iii) is designated with specific
boundaries and acreage on a Final Subdivision Map as property which will be owned by a public
agency.For purposes of this definition, a public agency includes the federal government, the State
of California, the County, the City,or any other public agency.
“Operating Reserve Fund”means a fund that shall be maintained for the CFD each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover
monitoring, maintenance and repair cost overruns and delinquencies in the payment of S pecial
Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
“Residential Property”means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for purposes of constructing one or more residential Dwelling Unit(s).
“Single Family Property”means all Assessor’s Parcels of Residential Property consisting of one or
more Dwelling Unit(s) that may or may not share common walls with one or more other Dwelling
Unit(s), including, but not limited to, duplexes, triplexes, townhomes, condominiums ,and other
Residential Properties that are for sale to an end user and are not under common management.
“Special Tax”means the Special Tax levied in each Fiscal Year on each Assessor’s Parcel of Taxable
Property to fund the Special Tax Requirement.
“Special Tax Requirement”means the amount, as determined by the CFD Administrator, for any
Fiscal Year to: (i) pay the costs of providing the Authorized Services during such Fiscal Year, (ii) pay
Administrative Expenses associated with the Special Tax, (iii) establish or replenish the Operating
Reserve Fund, (iv)establish or replenish the Capital Replacement Reserve Fund, (v)pay for the
replacement costs of park or other public improvements within the CFD, (v i)pay incidental expenses
related to the Authorized Services as authorized pursuant to the Act, (vii) fund an amount equal to
the Estimated Special Tax Delinquency Amount,and (viii) fund the shortfall, if any, in the Special Tax
revenues collected in the preceding Fiscal Year where such shortfall resulted from delinquencies in
the payment of Special Taxes in such Fiscal Year that exceeded the Estimated Special Tax
Delinquency Amount included in the Special Tax Requirement for the preceding Fiscal Year, less (ix)
any excess funds available in the Operating Reserve Fund,Capital Replacement Reserve Fund, or
other funds associated with CFD No. 19M as determined by the City Finance Director.
“State”means the State of California.
“Taxable Property”means all of the Assessor’s Parcels within the boundaries of CFD No.19M,that
are not Exempt Property from the CFD No.19M Special Tax pursuant to law or Section E.
“Undeveloped Property”means for each Fiscal Year, all Taxable Property not classified as
Developed Property.
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B.ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2017-2018, using the definitions above, each Assessor’s
Parcel within CFD No. 19M shall be classified by the CFD Administrator as Taxable Property or
Exempt Property.Commencing with Fiscal Year 2017-2018 and for each subsequent Fiscal Year,
Taxable Property shall be subject to the levy of Special Taxes pursuant to Section C.In addition,in
each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the
CFD Administrator as Developed Property or Undeveloped Property.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1 of Section C.
The Land Use Class of each Assessor’s Parcel shall be determined based on the records of the County
Assessor or other such information provided by the City.In some instances, an Assessor’s Parcel of
Developed Property may contain more than one Land Use Class.The Maximum Special Tax
determined on such Assessor’s Parcel shall be the sum of the Maximum Special Taxes for a ll Land
Use Classes located on that Assessor’s Parcel.
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C.MAXIMUM SPECIAL TAX RATE
The Maximum Special Tax for any Assessor’s Parcel classified as Developed Property or
Undeveloped Property shall be determined by reference to Table 1 and the paragraphs that follow
Table 1.
TABLE 1
Maximum Special Tax for Developed and Undeveloped Property
Community Facilities District No. 19M
Fiscal Year 2017-2018
Land Use Class
Maximum
Special Tax
Component
for Labor
Maximum
Special Tax
Component
for Water
Maximum
Special Tax
Component
for Asset
Replacement
Fiscal Year
2017-2018
Maximum
Special Tax
Single Family Property
with Density (DU/Acre) of
<19
$803.23 per
DU
$223.47 per
DU
$43.30 per
DU
$1,070.00 per
DU
Single Family Property
with Density (DU/Acre)of
>19
$481.94per
DU
$134.08 per
DU
$25.98 per
DU
$642.00 per
DU
Multi-Family Property $2,614.63 per
Acre
$727.41 per
Acre
$140.96 per
Acre
$3,483.00 per
Acre
Non-Residential Property
$0.32 per
Building
Square Foot
$0.09 per
Building
Square Foot
$0.02 per
Building
Square Foot
$0.43 per
Building
Square Foot
Hotel Property $4,329.94 per
Acre
$1,204.62 per
Acre
$233.44 per
Acre
$5,768.00 per
Acre
Undeveloped Property $7,314.65 per
Acre
$2,034.99 per
Acre
$394.36 per
Acre
$9,744.00 per
Acre
The Maximum Special Tax shall be equal to the sum of the Maximum Special Tax Component for
Labor, Maximum Special Tax Component for Water and Maximum Special Tax Component for Asset
Replacement as shown in Table 1.
In determining the Maximum Special Tax,the Maximum Special Tax Components for each Land Use
Class shall be increased in the 2018-2019 Fiscal Year and each Fiscal Year thereafter, as follows:
1.The annual percentage change of the Maximum Special Tax Component for Labor shall be
equal to the annual percentage change for the July immediately preceding the current Fiscal
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Year and compared to the previous year’s Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W); and
2.The annual percentage change of the Maximum Special Tax Component for Water shall be
equal to the annual percentage change for the July immediately preceding the current Fiscal
Year and compared to the previous year’s Otay Water District Commodity Rate; and
3.The annual percentage change of the Maximum Special Tax Component for Asset
Replacement shall be equal to the annual percentage change for the July immediately
preceding the current Fiscal Year and compared to the prior year’s Construction Cost Index.
The Fiscal Year 2017-2018 Maximum Special Tax shall be equal to the Fiscal Year 2017-2018
Maximum Special Tax rates listed in Table 1.In each subsequent Fiscal Year, the Maximum Special
Tax Components shall be increased by the escalation factor outlined above in Section C (1,2, and 3),
provided the Maximum Special Tax Component for Labor, the Maximum Special Tax Component for
Water and the Maximum Special Tax Component for Asset Replacement shall never be less than two
percent (2%) and not greater than six percent (6%)of the maximum amounts in the preceding Fiscal
Year, respectively.
D.METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing with Fiscal Year 2017-2018, and for each subsequent Fiscal Year, the CFD
Administrator shall levy the Special Tax at the rates established in Section C on all Taxable Property
within CFD No. 19M until the total amount of Special Tax levied equals the Special Tax Requirement.
The Special Tax shall be levied each Fiscal Year as follows:
1.The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed
Property within the CFD up to one hundred percent (100%) of the applicable Maximum
Special Tax.
2.If additional monies are needed to satisfy the Special Tax Requirement after Developed
Property has been levied one hundred percent (100%) of their Maximum Special Tax, the
remaining amount needed to satisfy the Special Tax Requirement shall be levied
Proportionately on each Assessor’s Parcel of Undeveloped Property at up to one hundred
percent (100%) of the Maximum Special Tax on Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor’s Parcel of Residential Property be increased because of delinquency or default by the
owner of any other Assessor’s Parcel within the CFD by more than ten percent (10%) above what
such Special Tax would have been in the absence of delinquencies.
E.EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: Public Property,Property
Owner Association Property,Community Purpose Facility Property,and Assessor’s Parcels with
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public or utility easements making impractical their utilization for any use other than the purposes
set forth in the easement.
If the use of an Assessor's Parcel changes so that such Assessor's Parcel is no longer eligible to be
classified as Exempt Property under this section,such Assessor’s Parcel shall be deemed to be
Taxable Property.
F.PREPAYMENT OF SPECIAL TAX
The Maximum Special Tax may not be prepaid and shall continue to be levied in accordance with
Section D of this Rate and Method of Apportionment on an annual basis on all Taxable Property in
CFD No. 19M for the purpose of funding ongoing Authorized Services.
G.REVIEW/APPEALS
The CFD Administrator may establish such procedures, as it deems necessary to undertake the
review of any such appeal.The CFD Administrator shall interpret this Rate and Method of
Apportionment and make determinations relative to the annual administration of the Special Tax
and any property owner appeals, as herein specified.
Any property owner who feels that the amount of the Special Tax levied on their Assessor’s Parcel is
in error shall first consult with the CFD Administrator regarding such error.If following such
consultation,the CFD Administrator determines that an error has occurred;the CFD Administrator
in consultation with the City Finance Director shall take any of the following actions to correct the
error:
Amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current
Fiscal Year,
Require the CFD to reimburse the property owner for the amount of the overpayment for
the current Fiscal Year to the extent of available CFD funds,or
Grant a credit against, eliminate or reduce the future Special Taxes on the property owner’s
Assessor’s Parcel(s)for overpayment for the current Fiscal Year.
If following such consultation and action (if any by the CFD Administrator), the property owner
believes such error still exists, such person may file a written notice with the City Finance Director
appealing the amount of the Special Tax levied on such Assessor's Parcel. If following such
consultation and action (if any by the City Finance Director), the property owner believes such error
still exists, such person may file a written notice with the City Council appealing the amount of the
Special Tax levied on such Assessor's Parcel.If the City’s Finance Director, City Council or designee
determines an error exists;the CFD Administrator shall take any actions as described above, in
order to correct the error.The decision of the City Council shall be final and binding to all persons.
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H.INTERPRETATIONS
The CFD Administrator may make interpretations.If necessary, interpretations may be made by the
City Council, by ordinance or resolution, for purposes of clarifying any vagueness or ambiguity as it
relates to this Rate and Method of Apportionment.
I.MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that CFD No.19M, may, at the sole discretion of the
City, directly bill the Special Tax,and may collect the Special Taxes at a different time or in a
different manner as necessary to meet its financial obligations.
J.REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the
property owners of Assessor’s Parcels in CFD No.19M, the City shall cease to levy the Special Tax
and shall cease to be obligated to provide the Authorized Services for which the Special Tax was
levied. The obligation to provide the Authorized Services previously funded by the repealed Special
Tax shall become the joint obligations of the property owners of Assessor’s Parcels within CFD No.
19M.
K.TERM OF SPECIAL TAX
The Maximum Special Tax shall be levied commencing in Fiscal Year 2017-2018 and shall be levied in
perpetuity, unless and until such time the City determines that revenues are no longer needed to
pay the Special Tax Requirement.
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1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY
COMMERCIAL 2), DECLARING THE RESULTS OF A SPECIAL ELECTION
IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista California (the “City Council”),
has previously undertaken proceedings to create and did establish a community facilities district
pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,”
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California
(the “Act”) and the City of Chula Vista Community Facilities District Ordinance enacted
pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article
XI of the Constitution of the State of California (the “Ordinance”) (the Act and the Ordinance
may be referred to collectively as the “Community Facilities District Law”). This community
facilities district shall hereinafter be referred to as Community Facilities District No. 19M
(Freeway Commercial 2) (“CFD No. 19M”); and
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of CFD No. 19M separate propositions relating to the levy of special taxes
within CFD No. 19M and the establishment of an appropriations limit for CFD No. 19M; and
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 19M (FREEWAY COMMERCIAL 2), DOES HEREBY RESOLVE,
DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Approval of Results of the Election. This City Council hereby receives
and approves the Certificate of Election Official and Statement of Votes Cast (“Certificate of
Election Official”), as submitted by the City Clerk, acting in her capacity as the Election Official,
said Statement setting forth the number of votes cast in the election, the measures voted upon,
and the number of votes given for and/or against the measures voted upon. A copy of said
Certificate of Election Official is attached hereto, marked Exhibit “A”, referenced and so
incorporated.
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2
SECTION 3. Entry of the Election Results in the Minutes. The City Clerk is hereby
directed, pursuant to the provisions of the Elections Code of the State of California, to enter in
the minutes the results of the election as set forth in said Certificate of Election Official.
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton FASLA Glen R. Googins
Director of Developmental Services City Attorney
2017-05-16 Agenda Packet Page 137
A - 1
EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 19M
(FREEWAY COMMERCIAL 2)
SPECIAL ELECTION
in said City, held May 16, 2017.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in CFD
No. 19M in such City, and the whole number of votes cast for the Measures in CFD No. 19M in said
City, and the totals of the respective columns and the totals as shown for the Measures are full, true and
correct.
1. VOTES CAST ON PROPOSITION A:YES
NO
2. VOTES CAST ON PROPOSITION B:YES
NO
WITNESS my hand this ________ day of __________________, 2017.
__________________________________________
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
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09960.00000\29690382.1 1
ORDINANCE NO. _________
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 19M (FREEWAY COMMERCIAL 2), AUTHORIZING THE
LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista, California (the “City Council”),
has initiated proceedings, held a public hearing, conducted an election and received a favorable
vote from the qualified electors authorizing the levy of special taxes in a community facilities
district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community
Facilities Act of 1982,” being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of
the State of California (the “Act”) and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3,
5 and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and
the Ordinance may be referred to collectively as the “Community Facilities District Law”). This
community facilities district shall hereinafter be referred to as Community Facilities District No.
19M (Freeway Commercial 2) (“CFD No. 19M”).
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 19M
(FREEWAY COMMERCIAL 2), DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes on taxable properties located in CFD No. 19M pursuant to the Rate and
Method of Apportionment of Special Taxes as set forth in Exhibit “A” attached hereto and
incorporated herein by this reference (the “Rate and Method”).
SECTION 2. This City Council, acting as the legislative body of CFD No. 19M, is
hereby further authorized, by resolution, to annually determine the special tax to be levied within
CFD No. 19M for the then current tax year or future tax years; provided, however, the special tax
to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the
Rate and Method.
SECTION 3. The special taxes herein authorized to be levied, to the extent possible,
shall be collected in the same manner as ad valorem property taxes and shall be subject to the
same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes; provided, however, CFD No. 19M may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect
the special taxes at a different time or in a different manner if necessary to meet its financial
obligations.
SECTION 4. The special taxes authorized to be levied shall be secured by the lien
imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State
of California, which lien shall be a continuing lien and shall secure each levy of the special taxes.
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09960.00000\29690382.1 2
The lien of the special taxes shall continue in force and effect until the special tax ceases to be
levied by the City Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of Chula
Vista’s City Charter, Section 312(b).
Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on
May 16, 2017;
Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on
the ______ day of ________________, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton FASLA Glen R. Googins
Director of Developmental Services City Attorney
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09960.00000\29690382.1 A-1
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 19M
(FREEWAY COMMERCIAL 2)
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RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO.19M
(FREEWAY COMMERCIAL 2)
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within
the City of Chula Vista Community Facilities District No.19M (Freeway Commercial 2)(“CFD No.19M”)
and collected each Fiscal Year commencing in Fiscal Year 2017-2018 in an amount determined by the
CFD Administrator through the application of the Special Tax for Taxable Property as described below.
All of the Taxable Property within CFD No.19M, unless exempted by law or by the provisions hereof,
shall be taxed for the purposes to the extent and in the manner herein provided.
A.GENERAL DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Acre”or “Acreage”means the land area of an Assessor’s Parcel as shown on County records, such
as an Assessor’s Parcel Map or secured roll data, or if the land area is not shown on an Assessor’s
Parcel Map, the land area shown on the applicable Final Subdivision Map, condominium plan, record
of survey, or other recorded document creating or describing the parcel. If the preceding maps for a
land area are not available, the Acreage of such land area may be determined utilizing available
spatial data and GIS.The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by
43,560.
“Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses”means the actual or reasonably estimated costs incurred by the City
acting for and on behalf of the CFD as administrator thereof, to determine, levy and collect the
Special Taxes, in responding to public inquiries regarding the Special Taxes, including salaries of City
employees and a proportionate amount of the City’s general administ rative overhead related
thereto;the fees of consultants and legal counsel providing services related to the administration of
the CFD; any amounts estimated or advanced by the City or CFD for any other administrative
purposes; and any other costs required to administer the CFD as determined by the City.
“Assessor’s Parcel”means a lot or parcel shown in an Assessor’s Parcel Map with an assigned
assessor’s parcel number.
“Assessor’s Parcel Map”means an official map of the County Assessor of the County designating
lots or parcels by an Assessor’s Parcel number.
“Authorized Services”means those authorized maintenance activities and/or services, and
expenses that may be funded by CFD No. 19M pursuant to the Act as amended, including, without
limitation, those services authorized to be funded by CFD No. 19M as set forth in the documents
adopted by the City Council at the time CFD No. 19M was formed.
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“Building Square Foot” or “Square Footage”means the square footage as shown on a building
permit for an Assessor’s Parcel of Non-Residential Property.
“Capital Replacement Reserve Fund”means a fund that shall be maintained for the CFD for each
Fiscal Year to provide for the accumulation and holding of funds for long-term capital projects, asset
replacement, or other large anticipated expenditures.
“CFD Administrator”means an official of the City, or designee thereof, responsible for determining
the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No.19M”or “CFD”means City of Chula Vista Community Facilities District No.19M (Freeway
Commercial 2).
“City”means the City of Chula Vista.
“City Council”means the City Council of the City, acting as the legislative body of CFD No.19M.
“City Finance Director”means the Finance Director of the City or his or her designee.
“City Manager”means the City Manager of the City or his or her designee.
“County”means the County of San Diego.
“County Assessor”means the Assessor of the County or his or her designee.
“County Recorder”means the Recorder of the County or his or her designee.
“Community Purpose Facility Property”or “CPF Property”means all Assessor’s Parcels that are
classified as community purpose facilities and meet the requirements of Chula Vista Municipal Code
Section 19.48.025, as amended from time to time.
“Construction Cost Index”means, for any Fiscal Year, the applicable Construction Cost Index for the
Los Angeles Area as set forth in the Engineering News Record for July of the preceding Fiscal Year.In
the event that this rate is no longer published or provided, the CFD Administrator shall choose a
comparable rate to use in its place.
“Consumer Price Index for Urban Wage Earners and Clerical Workers”or “CPI-W”means the
applicable CPI-W as set forth by the United States Department of Labor, Bureau of Labor Statistics
for July of the preceding Fiscal Year.In the event that this rate is no longer published or provided,
the CFD Administrator shall choose a comparable rate to use in its place.
“Density”means for each Assessor’s Parcel of Single Family Property the number of Dwelling Units
per gross Acre as determined based on the approved tentative map or approved tentative parcel
map entitling the development unless otherwise approved in writing by the City Manager.
“Developed Property”means all Taxable Property for which a building permit was issued prior to
the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
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“Dwelling Unit”or “DU”means each separate residential dwelling unit that comprises an
independent facility capable of conveyance or rental separate from adjacent residential dwelling
units.
“Estimated Special Tax Delinquency Amount”a reasonable estimate of delinquencies expected to
occur in the Fiscal Year in which the Special Tax will be levied based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year.
“Exempt Property”means all Assessors’ Parcels that are exempt from the Special Tax pursuant to
law or Section E herein.
“Final Subdivision Map”means a subdivision of property creating residential or non-residential
buildable lots by recordation of a Final Subdivision Map or parcel map pursuant to the Subdivision
Map Act (California Government Code Section 66410 et seq.), or recordation of a cond ominium plan
pursuant to the California Civil Code 1352, that creates individual lots for which building permits
may be issued without further subdivision and is recorded prior to March 1st preceding the Fiscal
Year in which the Special Tax is being levied.
“Fiscal Year”means the period starting July 1st and ending on the following June 30th.
“Hotel Property”means all Assessor’s Parcels of Developed Property for which a building permit(s)
has been issued for purposes of constructing one or more structures comprising of individual
sleeping or living units, except as otherwise provided herein, for the accommodation of transient
guests.
“Land Use Class”means any of the classes listed in Table 1.
“Maximum Special Tax”means the Maximum Special Tax, determined in accordance with Section C,
which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Multi-Family Property”means all Assessor’s Parcels of Residential Property consisting of two or
more for-rent Dwelling Units that share common walls, including, but not limited to, apartments and
Residential Property that are not for sale to an end user and are under common management.
“Non-Residential Property”means all Assessor’s Parcels of Developed Property,for which a building
permit(s) has been issued for a structure or structures for non-residential use, excluding Hotel
Property.
“Otay Water District Commodity Rate”means the maximum rate charged by the Otay Water
District for recycled water on the preceding July 1st of any Fiscal Year.In the event that this rate is no
longer published or provided, the CFD Administrator shall choose a comparable rate to use in its
place.
“Property Owner Association Property”means any Assessor’s Parcel within the boundaries of the
CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the
County Recorder to, a property owner association, including any master or sub-association.
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“Proportionately”means for Taxable Property that the ratio of the Special Tax to the Maximum
Special Tax is equal for all Taxable Property levied within each Land Use Class within CFD No.19M.
“Public Property”means any property within the boundaries of CFD No.19M which (i) is owned by
a public agency or expected to be owned by a public agency at the time of CFD formation, (ii) has
been irrevocably offered for dedication to a public agency, or (iii) is designated with specific
boundaries and acreage on a Final Subdivision Map as property which will be owned by a public
agency.For purposes of this definition, a public agency includes the federal government, the State
of California, the County, the City,or any other public agency.
“Operating Reserve Fund”means a fund that shall be maintained for the CFD each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover
monitoring, maintenance and repair cost overruns and delinquencies in the payment of S pecial
Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
“Residential Property”means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for purposes of constructing one or more residential Dwelling Unit(s).
“Single Family Property”means all Assessor’s Parcels of Residential Property consisting of one or
more Dwelling Unit(s) that may or may not share common walls with one or more other Dwelling
Unit(s), including, but not limited to, duplexes, triplexes, townhomes, condominiums ,and other
Residential Properties that are for sale to an end user and are not under common management.
“Special Tax”means the Special Tax levied in each Fiscal Year on each Assessor’s Parcel of Taxable
Property to fund the Special Tax Requirement.
“Special Tax Requirement”means the amount, as determined by the CFD Administrator, for any
Fiscal Year to: (i) pay the costs of providing the Authorized Services during such Fiscal Year, (ii) pay
Administrative Expenses associated with the Special Tax, (iii) establish or replenish the Operating
Reserve Fund, (iv)establish or replenish the Capital Replacement Reserve Fund, (v)pay for the
replacement costs of park or other public improvements within the CFD, (v i)pay incidental expenses
related to the Authorized Services as authorized pursuant to the Act, (vii) fund an amount equal to
the Estimated Special Tax Delinquency Amount,and (viii) fund the shortfall, if any, in the Special Tax
revenues collected in the preceding Fiscal Year where such shortfall resulted from delinquencies in
the payment of Special Taxes in such Fiscal Year that exceeded the Estimated Special Tax
Delinquency Amount included in the Special Tax Requirement for the preceding Fiscal Year, less (ix)
any excess funds available in the Operating Reserve Fund,Capital Replacement Reserve Fund, or
other funds associated with CFD No. 19M as determined by the City Finance Director.
“State”means the State of California.
“Taxable Property”means all of the Assessor’s Parcels within the boundaries of CFD No.19M,that
are not Exempt Property from the CFD No.19M Special Tax pursuant to law or Section E.
“Undeveloped Property”means for each Fiscal Year, all Taxable Property not classified as
Developed Property.
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B.ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2017-2018, using the definitions above, each Assessor’s
Parcel within CFD No. 19M shall be classified by the CFD Administrator as Taxable Property or
Exempt Property.Commencing with Fiscal Year 2017-2018 and for each subsequent Fiscal Year,
Taxable Property shall be subject to the levy of Special Taxes pursuant to Section C.In addition,in
each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the
CFD Administrator as Developed Property or Undeveloped Property.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1 of Section C.
The Land Use Class of each Assessor’s Parcel shall be determined based on the records of the County
Assessor or other such information provided by the City.In some instances, an Assessor’s Parcel of
Developed Property may contain more than one Land Use Class.The Maximum Special Tax
determined on such Assessor’s Parcel shall be the sum of the Maximum Special Taxes for a ll Land
Use Classes located on that Assessor’s Parcel.
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C.MAXIMUM SPECIAL TAX RATE
The Maximum Special Tax for any Assessor’s Parcel classified as Developed Property or
Undeveloped Property shall be determined by reference to Table 1 and the paragraphs that follow
Table 1.
TABLE 1
Maximum Special Tax for Developed and Undeveloped Property
Community Facilities District No. 19M
Fiscal Year 2017-2018
Land Use Class
Maximum
Special Tax
Component
for Labor
Maximum
Special Tax
Component
for Water
Maximum
Special Tax
Component
for Asset
Replacement
Fiscal Year
2017-2018
Maximum
Special Tax
Single Family Property
with Density (DU/Acre) of
<19
$803.23 per
DU
$223.47 per
DU
$43.30 per
DU
$1,070.00 per
DU
Single Family Property
with Density (DU/Acre)of
>19
$481.94per
DU
$134.08 per
DU
$25.98 per
DU
$642.00 per
DU
Multi-Family Property $2,614.63 per
Acre
$727.41 per
Acre
$140.96 per
Acre
$3,483.00 per
Acre
Non-Residential Property
$0.32 per
Building
Square Foot
$0.09 per
Building
Square Foot
$0.02 per
Building
Square Foot
$0.43 per
Building
Square Foot
Hotel Property $4,329.94 per
Acre
$1,204.62 per
Acre
$233.44 per
Acre
$5,768.00 per
Acre
Undeveloped Property $7,314.65 per
Acre
$2,034.99 per
Acre
$394.36 per
Acre
$9,744.00 per
Acre
The Maximum Special Tax shall be equal to the sum of the Maximum Special Tax Component for
Labor, Maximum Special Tax Component for Water and Maximum Special Tax Component for Asset
Replacement as shown in Table 1.
In determining the Maximum Special Tax,the Maximum Special Tax Components for each Land Use
Class shall be increased in the 2018-2019 Fiscal Year and each Fiscal Year thereafter, as follows:
1.The annual percentage change of the Maximum Special Tax Component for Labor shall be
equal to the annual percentage change for the July immediately preceding the current Fiscal
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Year and compared to the previous year’s Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W); and
2.The annual percentage change of the Maximum Special Tax Component for Water shall be
equal to the annual percentage change for the July immediately preceding the current Fiscal
Year and compared to the previous year’s Otay Water District Commodity Rate; and
3.The annual percentage change of the Maximum Special Tax Component for Asset
Replacement shall be equal to the annual percentage change for the July immediately
preceding the current Fiscal Year and compared to the prior year’s Construction Cost Index.
The Fiscal Year 2017-2018 Maximum Special Tax shall be equal to the Fiscal Year 2017-2018
Maximum Special Tax rates listed in Table 1.In each subsequent Fiscal Year, the Maximum Special
Tax Components shall be increased by the escalation factor outlined above in Section C (1,2, and 3),
provided the Maximum Special Tax Component for Labor, the Maximum Special Tax Component for
Water and the Maximum Special Tax Component for Asset Replacement shall never be less than two
percent (2%) and not greater than six percent (6%)of the maximum amounts in the preceding Fiscal
Year, respectively.
D.METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing with Fiscal Year 2017-2018, and for each subsequent Fiscal Year, the CFD
Administrator shall levy the Special Tax at the rates established in Section C on all Taxable Property
within CFD No. 19M until the total amount of Special Tax levied equals the Special Tax Requirement.
The Special Tax shall be levied each Fiscal Year as follows:
1.The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed
Property within the CFD up to one hundred percent (100%) of the applicable Maximum
Special Tax.
2.If additional monies are needed to satisfy the Special Tax Requirement after Developed
Property has been levied one hundred percent (100%) of their Maximum Special Tax, the
remaining amount needed to satisfy the Special Tax Requirement shall be levied
Proportionately on each Assessor’s Parcel of Undeveloped Property at up to one hundred
percent (100%) of the Maximum Special Tax on Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor’s Parcel of Residential Property be increased because of delinquency or default by the
owner of any other Assessor’s Parcel within the CFD by more than ten percent (10%) above what
such Special Tax would have been in the absence of delinquencies.
E.EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: Public Property,Property
Owner Association Property,Community Purpose Facility Property,and Assessor’s Parcels with
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public or utility easements making impractical their utilization for any use other than the purposes
set forth in the easement.
If the use of an Assessor's Parcel changes so that such Assessor's Parcel is no longer eligible to be
classified as Exempt Property under this section,such Assessor’s Parcel shall be deemed to be
Taxable Property.
F.PREPAYMENT OF SPECIAL TAX
The Maximum Special Tax may not be prepaid and shall continue to be levied in accordance with
Section D of this Rate and Method of Apportionment on an annual basis on all Taxable Property in
CFD No. 19M for the purpose of funding ongoing Authorized Services.
G.REVIEW/APPEALS
The CFD Administrator may establish such procedures, as it deems necessary to undertake the
review of any such appeal.The CFD Administrator shall interpret this Rate and Method of
Apportionment and make determinations relative to the annual administration of the Special Tax
and any property owner appeals, as herein specified.
Any property owner who feels that the amount of the Special Tax levied on their Assessor’s Parcel is
in error shall first consult with the CFD Administrator regarding such error.If following such
consultation,the CFD Administrator determines that an error has occurred;the CFD Administrator
in consultation with the City Finance Director shall take any of the following actions to correct the
error:
Amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current
Fiscal Year,
Require the CFD to reimburse the property owner for the amount of the overpayment for
the current Fiscal Year to the extent of available CFD funds,or
Grant a credit against, eliminate or reduce the future Special Taxes on the property owner’s
Assessor’s Parcel(s)for overpayment for the current Fiscal Year.
If following such consultation and action (if any by the CFD Administrator), the property owner
believes such error still exists, such person may file a written notice with the City Finance Director
appealing the amount of the Special Tax levied on such Assessor's Parcel. If following such
consultation and action (if any by the City Finance Director), the property owner believes such error
still exists, such person may file a written notice with the City Council appealing the amount of the
Special Tax levied on such Assessor's Parcel.If the City’s Finance Director, City Council or designee
determines an error exists;the CFD Administrator shall take any actions as described above, in
order to correct the error.The decision of the City Council shall be final and binding to all persons.
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H.INTERPRETATIONS
The CFD Administrator may make interpretations.If necessary, interpretations may be made by the
City Council, by ordinance or resolution, for purposes of clarifying any vagueness or ambiguity as it
relates to this Rate and Method of Apportionment.
I.MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that CFD No.19M, may, at the sole discretion of the
City, directly bill the Special Tax,and may collect the Special Taxes at a different time or in a
different manner as necessary to meet its financial obligations.
J.REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the
property owners of Assessor’s Parcels in CFD No.19M, the City shall cease to levy the Special Tax
and shall cease to be obligated to provide the Authorized Services for which the Special Tax was
levied. The obligation to provide the Authorized Services previously funded by the repealed Special
Tax shall become the joint obligations of the property owners of Assessor’s Parcels within CFD No.
19M.
K.TERM OF SPECIAL TAX
The Maximum Special Tax shall be levied commencing in Fiscal Year 2017-2018 and shall be levied in
perpetuity, unless and until such time the City determines that revenues are no longer needed to
pay the Special Tax Requirement.
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City of Chula Vista
Staff Report
File#:17-0049, Item#: 6.
CONSIDERATION OF AMENDING CHAPTER 19.14 OF THE CHULA VISTA MUNICIPAL CODE
PLANNING AND ZONING SECTIONS
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 19.14 OF THE CHULA VISTA
MUNICIPAL CODE (CVMC) BY ADDING A NEW SECTION CREATING AN INITIATION PROCESS
FOR AMENDMENTS TO THE GENERAL PLAN, SECTIONAL PLANNING AREA PLANS, GENERAL
DEVELOPMENT PLANS, SPECIFIC PLANS, PRECISE PLANS (LAND USE PLANS) AND FOR
REZONING (FIRST READING)
RECOMMENDED ACTION
Council conduct the public hearing and place the ordinance on first reading.
SUMMARY
Under the City Municipal Code, applicants can submit land use plan amendment and rezoning
requests to the City. Currently these legislative action requests are processed as part of proposed
development projects and consolidated with all other discretionary actions necessary for City
consideration of the applicant’s project. As part of some recent development projects, concerns
were raised on the part of staff about the merits of the plan amendment being proposed and
applicants were advised that staff could not support the overall project proposal as a result. In these
instances, the applicant has been placed in a position of deciding to forgo their project, or to spend
money and significant time to develop their proposal, conduct appropriate environmental impact
analysis, and to process it through the City with no early mechanism to gauge the potential interest of
the Planning Commission or City Council in the plan amendment or rezoning being requested.
As a means to address this situation, staff is proposing the attached amendments to the Municipal
Code. The amendments provide a process for City Council to communicate its willingness to
consider a proposed plan amendment or rezoning by its willingness to accept an application and
allocate staff resources to its processing. The City Council would retain full discretion to approve or
disapprove the proposal once it was fully analyzed. The proposed initiation process would also
address another community concern by allowing for early public knowledge and involvement in an
important land use change being considered by the City before a specific development project is
submitted.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. In addition, notwithstanding the foregoing, the “Project” also qualifies for an
Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
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Guidelines.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical
change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines,
the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of
Development Services has also determined that the activity qualifies for an Exemption pursuant to
Section 15061(b)(3) of the CEQA State Guidelines. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
On March 22, 2017 the Planning Commission voted 4-1-0 to approve Resolution No. MPA17-001
recommending that the Chula Vista City Council introduce the Ordinance with suggested revisions to
include:
1. Adding Planning Commission as a body the applicant can also go to request a
recommendation for an initiation; and
2. Ordinance language that the ordinance be reviewed in a year.
A revised ordinance with Planning Commission’s recommendations has been drafted for City Council
Consideration.
DISCUSSION
There are some California jurisdictions that require certain plan amendments and rezones to go
through a preliminary step to initiate the approval process. The initiation is the first point of
consideration by a decision maker. It is a limited decision and is neither an approval nor denial of
the proposed plan amendment or rezone, or the accompanying development project. The focus of
the initiation process is on the question of whether the nature of the proposed change to the plan or
zoning warrants expending staff and applicant’s future resources in light of initiation criteria proposed
in the draft ordinance.
Three criteria (Initiation Criteria) are being proposed to be used by City Council to decide whether to
approve initiation:
1. The plan amendment or rezone request is consistent with the goals and policies of the
General Plan and applicable Sectional Planning Area Plan, General Development Plan,
Specific Plan, or Precise Plan;
2. The proposed plan amendment or rezone provides additional public benefit to the community
as compared to the existing land use designation, density/intensity range, plan policy or site
design;
3. Public facilities appear to be available to serve the proposed increase in density/intensity, or
their provision will be addressed as a component of the amendment process.
The focus of the initiation hearing would be upon the fundamental question of whether the proposed
change to the plan or zone is worthy of further analysis based upon compliance with the above
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change to the plan or zone is worthy of further analysis based upon compliance with the above
Initiation Criteria.
This proposed process would not impact City initiated plan amendments or rezonings undertaken by
staff as part of a City work program.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section
18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100,
et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The creation of a
land use plan amendment and rezoning initiation process promotes operational excellence by
providing a predictable and less costly process for considering the merits of land use plan
amendments or rezoning actions. The proposed process also fosters a connected community by
encouraging citizen involvement early in the important consideration of whether to amend a land use
plan or to rezone a property.
CURRENT YEAR FISCAL IMPACT
None
ONGOING FISCAL IMPACT
The cost of City processing land use plan amendments or rezoning initiations will be borne by project
applicants.
ATTACHMENTS
Attachment 1 - Planning Commission Alternative Ordinance
Attachment 2 - Planning Commission Draft Minutes for 3/22/2017 Meeting
Staff Contact: Kelly Broughton, Director of Development Services
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C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9405B2FA\@BCL@9405B2FA.doc
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 19.14 OF THE CHULA VISTA MUNICIPAL CODE
(CVMC) BY ADDING A NEW SECTION CREATING AN
INITIATION PROCESS FOR AMENDMENTS TO THE
GENERAL PLAN, SECTIONAL PLANNING AREA PLANS,
GENERAL DEVELOPMENT PLANS, SPECIFIC PLANS,
PRECISE PLANS (LAND USE PLANS) AND FOR REZONING
WHEREAS, Chula Vista’s Municipal Code provides for City Council adoption of the
General Plan, Sectional Planning Area Plans, General Development Plans, Specific Plans,
Precise Plans (Land Use Plans) and rezoning; and
WHEREAS, in cases where development project applicants seek to amend land use plans
or propose rezoning actions, there is no simplified process for them to determine whether City
Council feels there is merit enough in the applicant’s proposal to authorize staff to accept their
application, conduct appropriate environmental impact analysis, and to process it through
Planning Commission and on to final decision by the City Council; and
WHEREAS, creating a new process allowing for the initiation of review by the City
Council of certain proposed land use plan amendments and rezoning actions will also allow for
earlier public notification and input on significant potential land use revisions; and
WHEREAS, a City Council decision to allow certain proposed land use plan amendments
and rezoning actions to move forward is not an approval of said proposed potential land use plan
amendments and rezoning actions nor is it any predetermination by the City Council of said
proposed potential land use plan amendments and rezoning actions as City Council will conduct
a complete review of said proposed land use plan amendments and rezoning actions, including
any required environmental analysis, along with the merits of an accompanying proposed
project; and
WHEREAS, because this activity will not result in any approval or denial of said
proposed potential land use plan amendments and rezoning actions and because City Council
will conduct a complete review of said proposed potential land use plan amendments and
rezoning actions, including any required environmental analysis, along with the merits of an
accompanying proposed project, the Director of Development Services has determined that the
activity is not a “Project” as defined under Section 15378 of the State California Quality Act
(CEQA) Guidelines because it will not result in a physical change in the environment; therefore,
pursuant to Section 15060(c)(3) of the CEQA State Guidelines, the activity is not subject to
CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has
also determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of
the CEQA State Guidelines. Thus, no environmental review is required.
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
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Ordinance
Page 2
Section I.
Chapter 19.14 of the Chula Vista Municipal Code is hereby amended by adding Sections
19.14.800 thru 19.14.860 (attached hereto as Exhibit 1) to add an initiation process to allow
development project applicants to seek City Council direction to authorize staff to work on
proposed land use plan amendments or rezoning actions.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by:Approved as to form by:
_____________________________________ ____________________________________
Kelly Broughton Glen R. Googins
Director of Development Services City Attorney
2017-05-16 Agenda Packet Page 155
Exhibit 1
19.14.800 Initiation of Amendments to the General Plan, Sectional Planning Area
Plans, General Development Plans, Specific Plans, and Precise Plans and
Rezonings
19.14.810 Purpose of Initiation Procedures
The purpose of these procedures is to establish a process for the initiation of General Plan,
Sectional Planning Area Plans, General Development Plans, Specific Plans, and Precise Plans
(Land Use Plan Amendments)or rezoning of any property within the City of Chula Vista. The
initiation process is intended to seek City Council direction on whether to commit City resources
to potentially make changes to a Land Use Plan or to rezone property within the City of Chula
Vista. The initiation process is not intended for every proposed Land Use Plan Amendment or
rezoning of property and City staff are hereby exempted from it. It is only intended for Land
Use Plan Amendments proposed by a private person that from the outset may or may not have
the support of staff, and as such are being referred to the City Council for review.
19.14.815 Initiation Approval Does Not Constitute Project Approval
The City Council hereby finds that these procedures do not commit the City to any definite
course of action, including, but not limited to, approval or denial of any proposed Land Use Plan
Amendments or rezoning prior to California Environmental Quality Act (CEQA) review being
conducted. Rather, these procedures set forth the City’s intent to give staff direction to further
explore the merits of any proposed Land Use Plan Amendment or rezone commensurate with the
submittal of a future project. Notwithstanding the foregoing, nothing in these procedures will be
construed as circumscribing or limiting the City’s exercise of discretion with respect to any
future Land Use Plan Amendment or rezone in connection with a project. Any and all future
discretionary actions may be exercised in the sole and absolute discretion of the City. The party
requesting a potential Land Use Plan Amendment or rezone assumes the risk, and in accordance
with the application for initiation, shall waive, release, defend, protect and indemnify the City
from and against any claims alleging City approval of the initiation approval request constituted
an approval of the proposed Land Use Plan Amendment or rezoning.
19.14.820 When an Initiation Application Is Required
Subject to applicable laws, the City is under no obligation to process a private request for a Land
Use Plan Amendment or rezoning. A private proposal to amend a Land Use Plan or to rezone
any property in the City may be requested for City approval by filing an application for
initiation.
19.14.830 Initiation Application Process
An initiation application for a Land Use Plan Amendment or rezone shall be filed with the City
Manager, or designee,in accordance with the following requirements:
(a) Authority to File an Application. The following persons are deemed to have the
authority to file an application:
2017-05-16 Agenda Packet Page 156
(1) The record owner of the real property that is the subject of the Land Use Plan
Amendment or rezone;
(2) The property owner’s authorized agent; or
(3) Subject to the City Manager’s approval, any other person who can demonstrate a
legal right, interest, or entitlement to the use of the real property subject to the
application.
(b) Submittal Requirements. The application shall be made on a form provided by the
City Manager and shall be accompanied by the materials, information, fees, and
deposits that are required on the date the application is filed. The application shall be
deemed complete when the department processing the application has determined that
the application includes all of the information, materials, fees, and deposits required
by this section. The City may, in the course of processing the application, request that
the applicant clarify, simplify, or provide in alternate format or medium, the
information required for the application.
(c) Materials and Information. The City Manager shall maintain a list specifying the
materials and information to be submitted with each initiation application for a Land
Use Plan Amendment or a rezone. The list may be revised on a quarterly basis or as
needed to comply with revisions to local, state, or federal law, regulation, or policy.
The subject list shall be available at the Development Services Division of the
Planning Department and shall apply to all applications submitted.
19.14.840 Criteria for Approval of an Initiation of Amendments to Land Use Plans or
rezone
(a) An application of initiation of an amendment to a Land Use Plan or zone may be
approved by the City Council if all of the following criteria are met:
(1) The proposed Land Use Plan Amendment or rezone is consistent with the goals and
policies of the General Plan;
(2) The proposed Land Use Plan Amendment or rezone provides equal or greater public
benefit to the community as compared to the existing land use designation,
density/intensity range, or plan policy; and
(3) Public facilities are available to serve the proposed change in land use designation or
density/intensity, or their provision will be addressed as a component of the Land Use
Plan Amendment or rezoning process.
19.14.850 Process for Approval of an Initiation of Land Use Plan Amendment or
Rezone
Land Use Plan Amendment or rezoning initiation requests shall be decided by City Council at a
public hearing noticed in accordance with CVMC 19.12.070. The decision shall be limited to
whether staff should be directed to accept a formal application for a Land Use Plan Amendment
2017-05-16 Agenda Packet Page 157
or rezone and to bring the action and appropriate environmental review through the Planning
Commission for recommendation and to City Council for final consideration at a future date.
Initiation actions shall not commit staff nor future decision makers to a specific recommendation
on the proposal or to any specific future action. The Planning Commission and City Council
reserve the right to exercise their police power and land use authority with respect to any future
Land Use Plan Amendment or rezone in their sole and absolute discretion as required by and in
accordance with applicable laws. Initiation requests shall be heard by City Council within 40
business days from the date the initiation application is deemed complete.
2017-05-16 Agenda Packet Page 158
Exhibit 1
Planning Commission Alternative Ordinance
19.14.800 Initiation of Amendments to the General Plan, Sectional Planning Area
Plans, General Development Plans, Specific Plans, and Precise Plans and
Rezonings
19.14.810 Purpose of Initiation Procedures
The purpose of these procedures is to establish a process for the initiation of General Plan,
Sectional Planning Area Plans, General Development Plans, Specific Plans, and Precise Plans
(Land Use Plan Amendments) or rezoning of any property within the City of Chula Vista. The
initiation process is intended to seek Planning Commission or City Council direction on whether
to commit City resources to potentially make changes to a Land Use Plan or to rezone property
within the City of Chula Vista. The initiation process is not intended for every proposed Land
Use Plan Amendment or rezoning of property and City staff are hereby exempted from it. It is
only intended for Land Use Plan Amendments proposed by a private person that from the outset
may or may not have the support of staff, and as such are being referred to the Planning
Commission or City Council for review.
19.14.815 Initiation Approval Does Not Constitute Project Approval
The City Council hereby finds that these procedures do not commit the City to any definite
course of action, including, but not limited to, approval or denial of any proposed Land Use Plan
Amendments or rezoning prior to California Environmental Quality Act (CEQA) review being
conducted. Rather, these procedures set forth the City’s intent to give staff direction to further
explore the merits of any proposed Land Use Plan Amendment or rezone commensurate with the
submittal of a future project. Notwithstanding the foregoing, nothing in these procedures will be
construed as circumscribing or limiting the City’s exercise of discretion with respect to any
future Land Use Plan Amendment or rezone in connection with a project. Any and all future
discretionary actions may be exercised in the sole and absolute discretion of the City. The party
requesting a potential Land Use Plan Amendment or rezone assumes the risk, and in accordance
with the application for initiation, shall waive, release, defend, protect and indemnify the City
from and against any claims alleging City approval of the initiation approval request constituted
an approval of the proposed Land Use Plan Amendment or rezoning.
19.14.820 When an Initiation Application Is Required
Subject to applicable laws, the City is under no obligation to process a private request for a Land
Use Plan Amendment or rezoning. A private proposal to amend a Land Use Plan or to rezone
any property in the City may be requested for City approval by filing an application for
initiation.
19.14.830 Initiation Application Process
An initiation application for a Land Use Plan Amendment or rezone shall be filed with the City
Manager, or designee, in accordance with the following requirements:
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(a) Authority to File an Application. The following persons are deemed to have the
authority to file an application:
(1) The record owner of the real property that is the subject of the Land Use Plan
Amendment or rezone;
(2) The property owner’s authorized agent; or
(3) Subject to the City Manager’s approval, any other person who can demonstrate a
legal right, interest, or entitlement to the use of the real property subject to the
application.
(b) Submittal Requirements. The application shall be made on a form provided by the
City Manager and shall be accompanied by the materials, information, fees, and
deposits that are required on the date the application is filed. The application shall be
deemed complete when the department processing the application has determined that
the application includes all of the information, materials, fees, and deposits required
by this section. The City may, in the course of processing the application, request that
the applicant clarify, simplify, or provide in alternate format or medium, the
information required for the application.
(c) Materials and Information. The City Manager shall maintain a list specifying the
materials and information to be submitted with each initiation application for a Land
Use Plan Amendment or a rezone. The list may be revised on a quarterly basis or as
needed to comply with revisions to local, state, or federal law, regulation, or policy.
The subject list shall be available at the Development Services Division of the
Planning Department and shall apply to all applications submitted.
19.14.840 Criteria for Approval of an Initiation of Amendments to Land Use Plans or
rezone
(a) An application of initiation of an amendment to a Land Use Plan or zone may be
approved by the Planning Commission or City Council if all of the following criteria are
met:
(1) The proposed Land Use Plan Amendment or rezone is consistent with the goals and
policies of the General Plan;
(2) The proposed Land Use Plan Amendment or rezone provides equal or greater public
benefit to the community as compared to the existing land use designation,
density/intensity range, or plan policy; and
(3) Public facilities are available to serve the proposed change in land use designation or
density/intensity, or their provision will be addressed as a component of the Land Use
Plan Amendment or rezoning process.
2017-05-16 Agenda Packet Page 160
19.14.850 Process for Approval of an Initiation of Land Use Plan Amendment or
Rezone
Land Use Plan Amendment or rezoning initiation requests shall be decided by Planning
Commission or City Council at a public hearing noticed in accordance with CVMC 19.12.070.
The decision shall be limited to whether staff should be directed to accept a formal application
for a Land Use Plan Amendment or rezone and to bring the action and appropriate environmental
review through the Planning Commission for recommendation and to City Council for final
consideration at a future date. Initiation actions shall not commit staff nor future decision
makers to a specific recommendation on the proposal or to any specific future action. The
Planning Commission and City Council reserve the right to exercise their police power and land
use authority with respect to any future Land Use Plan Amendment or rezone in their sole and
absolute discretion as required by and in accordance with applicable laws. Initiation requests
shall be heard by City Council within 40 business days from the date the initiation application is
deemed complete.
A staff review of the application of this ordinance to specific initiation requests should be
conducted within a year of the effective date of the ordinance. The results of this review shall be
provided to Planning Commission and City Council upon request.
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Minutes
REGULAR MEETING OF THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
March 22, 2017 Council Chambers
6:00 p.m.276 Fourth Avenue,
Chula Vista, CA
CALL TO ORDER
MEMBERS PRESENT Calvo, Liuag, Nava, Zaker and Chair Gutierrez
MEMBERS ABSENT:Anaya
MOTION TO EXCUSE Anaya
MSC: Calvo/Liuag Motion Passed: 5-0-1
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
OPENING STATEMENT:
1.Approval of Minutes
February 22, 2017
MSC: Liuag/Zaker Motion passed: 5-0-1
2.PUBLIC HEARING: CUP15-0032 CONSIDERATION OF A CONDITIONAL USE PERMIT
TO INSTALL, USE, AND MAINTAIN AN UNMANNED WIRELESS
TELECOMMUNICATIONS FACILITY (WTF) CONSISTING OF TWELVE
(12) PANEL ANTENNAS MOUNTED ON A 43-FT. HIGH ANTENNA
STRUCTURE DESIGNED TO RESEMBLE A PALM TREE
(MONOPALM) AND ASSOCIATED EQUIPMENT LOCATED AT 409
TELEGRAPH CANYON ROAD.
Applicant: Verizon Wireless
Project Manager: Jeff Steichen, Associate Planner
Staff Recommendation: That the Planning Commission adopt Resolution PCC15-0032,
approving the proposed unmanned Wireless Telecommunications
Facility, based on the findings and subject to the conditions
contained therein.
City of Chula Vista Boards & Commissions
Planning Commission
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Planning Commission Minutes
March 22, 2017
P a g e | 2
Jeff Steichen, Associate Planner and Project Manager, gave a short presentation showing
photos/renderings of the current mono-flag pole and the proposed mono-palm. The new
facility would consist of twelve (12) panel antennas mounted on a 43-foot high antenna
structure designed to resemble a palm tree. He also showed a location map for the project
located at 409 Telegraph Canyon Road.
The 0.8-acre project site is a commercial retail center located on the north side of Telegraph
Canyon Road directly west of Interstate 805. The project is proposed to be at the east end of
and adjacent to the existing commercial building. The existing surrounding land uses include a)
residential condos b) Telegraph Canyon Road c) I-805 Freeway and d) a commercial site – gas
station. The replacement is necessary in order to provide expanded and greater capacity than
the existing wireless facility is capable of providing.
Questions to Staff:
Nava – Is there any storage for equipment at the location and is the location of the pole going
to be adjusted?
Steichen – There is currently storage inside the existing commercial facility and there will be no
change in the exterior location
PUBLIC HEARING OPENED
Lucila Garcia, representing Hilltop Village, spoke to the Commission regarding their concerns
which included:
1.12 additional panels – are they to be moved toward the community complex?
2. Additional radio frequency waves – no discussion of environmental status/effects.
3. Can it be placed somewhere else; were other locations discussed?
4. They would like a map of the cell phone towers in Western Chula Vista.
Ms. Shelly Kilbourn, representing Verizon addressed the community concerns:
1. The mono-palm will be moved only a few feet closer to the residential complex – it
will still be at least 70 feet from the residential area. The additional height is due only
to the ornamental “palm fronds”.
2. The 12 additional antennas will provide full strength and the best capacity for the cell
tower. The FCC regulates the radio frequency capacity and Verizon has followed the
guidelines. They would agree to do a study and provide the report.
3. This is the preferred site because one of the requirements is that it be in a commercial
area and it is already zoned as CN (Commercial Neighborhood).
PUBLIC HEARING CLOSED
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March 22, 2017
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COMMISSION DELIBERATIONS
There was discussion by the Commission regarding the inclination to approve the resolution if
the applicant would provide a study to the City and homeowners. Ms. Garcia requested that, if
a study is done, it be forwarded to the Hilltop Village Homeowner’s Association. City Deputy
Attorney Silva stated that per the amended Telecommunications Act of 1996, the City is
preempted from making a decision based directly or indirectly on the environmental impact of
radio frequency issues.
It was asked what would happen to the American flag which is being removed. Kilborn stated
that it was the property of Verizon, but that she did not know what would happen to it. Several
of the Commissioners said they would be happy to have it placed in their neighborhood.
MSC: Liuag – with the condition added to the resolution that a radio frequency study be done
and provided to the City and the Homeowner’s Association.
Seconded by Calvo
Vote: 5-0-1
**In consideration of a timely presentation for the applicants, the order of Item 3 and Item 4
was reversed so that Item 4 was heard prior to Item 3.
Commissioner Calvo recused herself from Item 4.
4.PUBLIC HEARING DESIGN REVIEW (DR16-0021) TO CONSTRUCT 179 MULTI-FAMILY UNITS
AND 418 PARKING SPACES ON 13.4 ACRES WITHIN THE VILLAGE 3
MASTER PLANNED COMMUNITY.
Applicant: HomeFed SH Otay, LLC.
Project Manager: Janice Kluth, Sr. Project Coordinator
Staff Recommendation: That the Planning Commission adopt Resolution DR16-0021
for the development of a multi-family project, based on
the findings and subject to the conditions contained therein.
Project Manager Janice Kluth gave a slide presentation that included a location map, a
description of the project i.e. 179 multi-family dwelling units, 418 parking spaces and 55,000
square-feet of open space. The presentation also provided site plan elements and a project
analysis.
PUBLIC HEARING OPENED
John Vance, with Shea Homes, spoke in favor of the project and thanked Staff for helping two
developers combine their efforts on one site. The partnering with Brookfield Homes is working
well and they are both coming up with a quality home product. He continued to describe the
project and stated that it would benefit all involved. Finally, he asked for the Commission’s
support.
PUBLIC HEARING CLOSED
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March 22, 2017
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Commissioner Questions/Deliberations
Q. Are these all apartments/condos and is there a Homeowner’s Association
A. There will be a Master Association and then sub-Associations
Q.There is a concern about garages and making sure residents use them properly
Q. How will the open space be utilized and maintained?
A. There will be a Management Company overseeing the site and the Homeowner’s
Association will also enforce rules regarding upkeep, outside area maintenance – i.e. no
towels draped, no clutter left outside. They are looking for young professionals who want
to keep their surroundings nice and also the enforcement of the Homeowners’ Association.
Q. There was a question about “walkability” and the possibility of a “transportation corridor”
to allow young parents to get out and interact with their children in the outdoors.
A. Trying to blend two product types and where they could they used the tri-plex so they
could have backyard to backyard or townhomes that have courtyard. Corridors run
between buildings and have trees lining a walking path. The connectivity to the whole
Master Plan allows for more interaction.
Q. There is 95% parking on-site. Where is the rest?
A. Around the perimeter there are three sides for additional street parking.
Q. There are two architectural designs – Spanish and Farmhouse. How are they blended?
A. The row-homes contain Ranch and Spanish themes; the tri-plex contains Ranch, Spanish
and Farmhouse styles. They are all part of the Master Plan and run according to the
architectural guidelines therein. Mr. Vance reviewed the slides to show the Commission
the cohesion of the design.
MSC: Liuag/Nava
Vote: 4-0-1-1 Anaya absent; Calvo abstained
** Item 4 taken out of order
3.PUBLIC HEARING MPA17-0001 - ADOPTION OF AN ORDINANCE AMENDING CHAPTER
19.14 OF THE CHULA VISTA MUNICIPAL CODE (CVMC) BY ADDING A
NEW SECTION CREATING AN INITIATION PROCESS FOR AMENDMENTS
TO THE GENERAL PLAN, SECTIONAL PLANNING AREA PLANS, GENERAL
DEVELOPMENT PLANS, SPECIFIC PLANS, PRECISE PLANS (LAND USE
PLANS) AND FOR REZONING
Staff Recommendation: That the Planning Commission adopt Resolution MPA17-0001
recommending City Council approval of the proposed Ordinance.
Brought to the Commission by Kelly Broughton, Director of Development Services
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Planning Commission Minutes
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At a previous meeting there had been discussion regarding the revision of several City
Ordinances and the desire for the Commission to be kept informed on the progress of those
items. City Council has directed Director Broughton to bring this forward based on matters that
had come before the Commission and also several applicants that had approached the City on
projects that would require changes to large planning documents. The discussions that
occurred were around finding a way to get some earlier input before the applicants spent a lot
of time and money without having any understanding of what issues were before them.
This Ordinance will create a formal process whereby an initiation can be requested by an
applicant, not require them to go through extensive technical studies and get an idea from the
City Council whether they should move forward. It does not commit to a decision on a matter,
but it does give Council a vehicle to talk about their concerns and perhaps hear from the public
who may also have concerns prior to the time the applicant prepares all the technical studies
and materials required.
COMMISSIONER QUESTIONS
Q. Would public notification be required?
A. It would come to the City Council as a Public Hearing and it would require a Notice of
Application as would any regular project.
There was Commission discussion about the process and concerns were voiced.
1) The project would go to the City Council for an opinion without any technical studies.
2) If trying to consolidate costs, this seems counterproductive in adding another process.
3) Concern that the City Council does not have the expertise that would be represented by the
Planning Commission and if you bypass the Planning Commission, you would bypass the
concerns they have with a project due to their experience and knowledge of the technicalities.
Examples of the procedure being beneficial would be:
1) Urban Core Specific Plan zone change – consistent with land use, but density was
questionable. In this case it gave the applicant information as to whether there were concerns
from the Council or public before they did the technical studies. This may allow some issues
that could be brought to light to slide through.
2) General Plan rezone to change from industrial to residential; the General Plan had identified
the zone as residential, but the zoning had not been changed when the update came forward.
This process could save the applicant time and money if they knew the concerns of the Council
and what problems they would be up against. The only other vehicle to get this kind of input is
to go to Councilmembers individually where the City would like that conversation to be
transparent and out in the public.
There was further discussion on the pros and cons of a new method to allow applicants
voluntarily get a feel for whether a project would have insurmountable problems and/or
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Planning Commission Minutes
March 22, 2017
P a g e | 6
challenges or whether it was worth bringing it forward. A concern of some of the Planning
Commission is that the applicant should have the option of starting the initiation process with
either the Planning Commission or City Council – or go before both.
A Commissioner voiced a concern that, while the intention is well meant, it seems to go against
the consolidating process that was put in to effect a few years ago.
MSC: Motion by Gutierrez to recommend the process to the City Council with a change to the
Ordinance to say City Council and/or Planning Commission with a 1-year sunset review.
Seconded by Zaker
Vote: 4-1-1 (Calvo nay; Anaya absent)
OTHER BUSINESS
5.DIRECTOR’S COMMENTS
There were none
6. COMMISSIONERS’/BOARD MEMBERS’ COMMENTS
Calvo: Can you provide an update on applications for the vacant seat?
Broughton: The closing date has been extended as there were not enough applicants.
Gutierrez: Can you provide an overview/update of what other Ordinances are being looked at?
Broughton: We are starting the Oversight Committee review of the Ordinances and believe
they are starting with Food Truck Ordinance, changes to the Second Accessory Dwelling Unit
regulations, the Fair Housing Regulations being regulated by the State, and the Appeals process
being consistent across all of the appeals bodies.
ADJOURNMENT at 7:25 p.m. to the regular meeting on April 12, 2017 at 6:00 p.m. in the
Council Chambers at 276 Fourth Avenue in Chula Vista, California.
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City of Chula Vista
Staff Report
File#:17-0180, Item#: 7.
CONSIDERATION OF AMENDING MUNICIPAL CODE CHAPTER 2.36, HUMAN RELATIONS
COMMISSION (This item was continued from 5/9/2017.)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 2.36, “HUMAN RELATIONS COMMISSION” (FIRST READING)
RECOMMENDED ACTION
Council place the ordinance on first reading and direct the City Clerk to begin the recruitment
process.
SUMMARY
On April 25, 2017, the City Council directed staff to return with an ordinance updating Chapter 2.36
regulating the Human Relations Commission to broaden and redefine its scope and to update
outdated sections.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15606(c) (3) no environmental
review is required.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical
change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines,
the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Communities in America are made up of people from varied backgrounds. Our community
represents many different races, cultures, faiths, experiences and traditions. We have different
interests, fears and ways of doing things. Some are newcomers, immigrants, and refugees. Others
are from families, several generations in the United States. We have different preferences in what
we like and different arrangements in our living situations, and in our domestic and social
relationships. The differences sometimes enrich us and at other times is a source of conflict.
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File#:17-0180, Item#: 7.
As a nation, unique in being formed by people from many different countries, we have experimented
and fought to resolve our differences and make our diversity work. We have a history that houses
many examples of difficult challenges regarding differences of race, gender, sexual orientation,
disabilities, language and other important aspects of our diversity. These have often been
complicated and highly charged struggles. We believe that all people, including immigrants, are
valued contributors who are vital to the success of our communities and shared future. Inclusive
communities become more prosperous by making everyone feel like they belong.
For many people of different backgrounds and interests to get along and respect one another, it is
useful for the City of Chula Vista to set up places and programs that have the responsibility to help
people develop better understanding of each other and to solve differences that might arise.
Updating and reactivating the Human Relations Commission will help identify intergroup relations,
promote work that brings people together, safeguard equal opportunity for all and identify resources
available including training, information sharing, community education, mediation, cultural literacy,
hate crime response and conflict management to the community and will improve our community’s
prospects for harmony.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500-foot rule found in California Code of Regulations Title 2,
section 18702.2(a)(11), is not applicable to this decision for purposes of determining a
disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal.
Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Human Relations
Commission supports the Healthy Community goal, Strong and Secure Neighborhoods and a
Connected Community as it seeks to promote ways in which the community gets along and
safeguards equal opportunity for everyone. Additionally it uses tools of fact finding, training,
information sharing, community education, mediation, cultural literacy, hate crime response and
conflict management to help people develop better understanding of each other, solve differences
and bring people together to improve our community.
CURRENT YEAR FISCAL IMPACT
None
ONGOING FISCAL IMPACT
None
ATTACHMENTS
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File#:17-0180, Item#: 7.
Chula Vista Municipal Code Chapter 2.36 with proposed changes
Ordinance
Staff Contact: Kelley Bacon, Deputy City Manager
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ITEM #7
THE ASSOCIATED ORDINANCE WITH THIS ITEM
WILL BE UPLOADED AS SOON AS IT BECOMES
AVAILABLE
2017-05-16 Agenda Packet Page 171
City of Chula Vista
Staff Report
File#:17-0196, Item#: 8.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
COMMUNICATIONS PLAN TO BETTER COMMUNICATE OFFICIAL CITY POLICIES RELATED TO
IMMIGRATION ENFORCEMENT AND TO BETTER CONNECT CITY RESIDENTS WITH
AVAILABLE IMMIGRATION AND CITY SERVICES
RECOMMENDED ACTION
Council adopt the resolution.
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
The staff report and attachments for this item will be uploaded as they become available.
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