HomeMy WebLinkAboutAgenda Packet 2002/08/20 CITY COUNCIL AGENDA
August 20, 2002 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CHY OF
CHULA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
AGENDA
August 20, 2002 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATH OF OFFICE:
STEVE CASTANEDA MOBILEHOME RENT REVIEW COMMISSION
· PRESENTATION BY LISA COHEN, CHULA VISTA CHAMBER OF COMMERCE,
REGARDING THE CELEBRATE CHULA VISTA FESTIVAL ON SUNDAY,
AUGUST 25, FROM 11 A.M. TO 9 P.M. AT MARINA VIEW PARK
CONSENT CALENDAR
(Items 1 through 14)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion, lf 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
afier Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of August 6, 2002
Staff recommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.20 OF
THE CHULA VISTA MUNICIPAL CODE TO INCLUDE LANGUAGE RELATING
TO REGULATION OF THE USE, POSSESSION AND SALE OF GLASS ETCHING
PRODUCTS (SECOND READING)
The City has been experiencing a new form of graffiti vandalism known as "acid
etching," which involves the use of a corrosive substance of fluoride compounds, sulfuric
acid and barium sulfate, and it causes permanent damage. Within the past several
months, acid etching vandalism has caused thousands of dollars worth of damage to 16
Chula Vista businesses. The proposed ordinance adds glass etching products to the
definition of covered and controlled graffiti implements. (Chief of Police)
Staff recommendation: Council adopt the ordinance.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 3.54, RELATING TO
DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION
FACILITIES IN THE CITY'S EASTERN TERRITORIES (SECOND READING)
The City's transportation development impact fee (TDIF) program was established on
January 12, 1988. Since its inception, the program has been updated several times to
reflect new land use approvals, changes to the Circulation Element of the General Plan,
and updated project cost estimates. Adoption of the resolution approves an increase from
the current fee of $6,240 to $8,180 per equivalent dwelling unit. The proposed urgency
ordinance enables the City to collect the fee during the 60-day waiting period before the
regular ordinance becomes effective. (Director of Public Works - continued from the
meeting of 08/06/02)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 07M
(EASTLAKE III- WOODS, VISTAS, AND LAND SWAP PARCEL), AUTHORIZING
THE LEVY OF A SPECIAL TAX WITHIN EACH IMPROVEMENT AREA OF SUCH
COMMUNITY FACILITIES DISTRICT (SECOND READING)
On July 9, 2002, the Council initiated the Community Facilities District (CFD) No. 07M
proceedings by adopting Resolutions 2002-244 through 2002-246. On August 13, 2002,
the Council held a public hearing and introduced the proposed ordinance. The district
will fund the perpetual operation and maintenance of slopes, medians and parkways and
storm water treatment facilities associated with Eastlake III - Woods and Vistas and Land
Swap Parcel (south parcel only). The City has retained the services of MtmiFinancial as
special tax consultant and Best Best and Krieger LLP as legal counsel to provide
assistance during the proceedings. (Director of Public Works)
Staff recommendation: Council adopt the ordinance.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT TO PIERCE MANUFACTURING, INC.
FOR ONE TRIPLE COMBINATION PUMPER, ONE HEAVY-DUTY LADDER
TRUCK AND ONE LIGHT/AIR RESCUE UNIT
During the Fiscal Year 2003 capital improvement project budget process, the Council
approved and appropriated funds for the purchase of one triple combination pumper, one
heavy-duty ladder track, and one light/air rescue vehicle. The Council also conceptually
approved the purchase of a second heavy-duty ladder track in Fiscal Year 2004.
Municipal Code §2.56.140 authorizes the Purchasing Agent to participate in cooperative
arrangements with other governmental agencies to acquire equipment purchased through
a competitive process. Based on two recent Requests for Bid, the City of San Diego and
the Southern Matin Fire Protection District formally awarded contracts to Pierce
Manufacturing for the purchase of similar equipment. (Fire Chief)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A DONATION 1N THE AMOUNT OF $500 AND APPROPRIATING
SAID DONATED FUNDS (4/5THS VOTE REQUIRED)
The Fire Prevention Bureau recently received a donation in of $500 from Pacific Ship,
Repair and Fabrication, Inc. to sponsor fire prevention programs. The funds will be used
to purchase fire prevention materials and supplies to enhance community outreach
efforts. (Fire Chief)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda 08/20/02
7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A REFUND 1N THE AMOUNT OF $86,558.44 FROM LITTON
SYSTEMS AND $24,035.70 FROM MOTOROLA AND APPROPRIATING SAID
FUNDS (4/5THS VOTE REQUIRED)
In October 2001, the Fire Department purchased communications equipment and
software fi.om Litton Systems and Motorola. The equipment and software were needed
for wireless communications between the Fire Department and Heartland Dispatch. After
experiencing various difficulties with the system, the vendors have opted to refund the
City for the original purchase. (Fire Chef)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING STAFF'S RECOMMENDED FUNDING ALLOCATION FOR THE
$78,500 RECEIVED FROM THE SAN DIEGO UNIFIED PORT DISTRICT'S
FINANCIAL ASSISTANCE PROGRAM FOR SPECIAL EVENTS AND PROGRAMS
FOR FISCAL YEAR 2002-2003, APPROPRIATING $3,000 IN UNANTICIPATED
REVENUE, AND AMENDING THE FISCAL YEAR 2003 BUDGET (4/5THS VOTE
REQUIRED)
The San Diego Unified Port District annually conducts a grant process to help member
cities fund special events, programs and projects. This spring, the Port received funding
requests to help partially fund five events or programs in Chula Vista, three of which
were submitted by the City. In the past, the Port has approved specific funding for
specific events in the various member cities. This year, however, the Port granted lump
sum amounts to the member cities, leaving it to the individual cities to determine how to
allocate the funding. Chula Vista received a lump sum of $78,500, which City staff has
recommended allocating among three of the five events. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ALLOCATING AN ADDITIONAL $5,000 IN CDBG FUNDS TO THE ECONOMIC
GARDENING PROGRAM (4/STHS VOTE REQUIRED)
On June 4, 2002, the Council approved the CDBG budget, which included $10,000 in
funding for the proposed economic gardening program, a collaborative effort between the
City and Southwestern College. The originally requested amount of $15,000 was based
on cost estimates for special GIS software and business analyst software upgrades, in
addition to wages for technical staff, and was matched by Southwestern College to ensure
program quality and effectiveness. The implementation and success of the program will
be determined by the stafPs ability to deliver the technical services originally estimated
in the proposal that go beyond the resources that the City or college can currently offer.
Therefore, staff seeks $5,000 to compensate for the shortage in program funding, to be
appropriated fi.om unused CDBG funds in the High Tech/Bio Tech Zone Development
Impact Fee Reduction Program. (Director o f Community Development)
Staffrecommendation: Council adopt the resolution.
Page 3 - Council Agenda 08/20/02
10.A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE
TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMIJNITY
FACILITIES DISTRICT NO. 0SM (OTAY RANCH VILLAGE 6)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES
DISTRICT NO. 0SM (OTAY RANCH VILLAGE 6) AND TO AUTHORIZE THE
LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY
FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES
DISTRICT NO. 0SM (OTAY RANCH VILLAGE 6)
McMillin Otay Ranch and Otay Ranch Company have requested the City to conduct
proceedings to consider the approval of the formation of Community Facilities District
No. 0SM (CFD No. 0SM). The conditions of approval of the tentative map for Village 6
McMillin Otay Ranch and Village 60tay Ranch Company require that the CFD be
formed prior to issuance of the first production home building permit. The district will
fund the perpetual operation and maintenance of slopes, medians and parkways, and
storm water treatment facilities associated with Village 6. The City has retained the
services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as
legal counsel to provide assistance during the proceedings. Adoption of the resolutions
initiates the formal proceedings to consider the establishment of CFD No. 0SM.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO.
PE-540 FOR THE iNSTALLATION OF A COMMERCIAL TENANT SIGN FOR THE
GATEWAY CENTER LOCATED WITHIN THE "H" STREET RIGHT-OF-WAY
Gateway Chula Vista, LLC proposes to construct a large commercial tenant sign over an
existing Pacific Bell telephone box within the H Street right-of-way along the new
Gateway project site at Third Avenue and H Street. According to Municipal Code
Section 12.28, any permanent, private facilities, such as private signs, built within the
right-of-way or City easements require Council approval utilizing the encroachment
permit process. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003 BUDGET BY ADDING ONE SPECIAL
PLANNING PROJECTS MANAGER POSITION TO THE PLANNING AND
BUILDING DEPARTMENT AND APPROPRIATING $98,400 THEREFOR BASED
ON UNANTICIPATED REVENUES FROM DEVELOPER REiMBURSEMENTS
(4/STHS VOTE REQUIRED)
Guiding the planning and initial development of the Eastern Urban Center with existing
staff would necessitate re-prioritizing existing projects. In lieu of this, the developer has
agreed to fund a dedicated senior management position for a period of three years to
process the Eastern Urban Center development plans. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda 08/20/02
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003 BUDGET TO ADD ONE MIDDLE
MANAGEMENT DISASTER PREPAREDNESS MANAGER POSITION IN THE
FIRE DEPARTMENT AND APPROPRIATE FUNDS THEREFOR FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND (4/STHS VOTE
REQUIRED)
September 11th heightened the need for homeland security measures at the local
government level. Terrorism added a new dimension to traditional disaster preparedness.
The Disaster Preparedness Manager will be responsible for development and
maintenance of a comprehensive emergency preparedness plan and citywide disaster
preparedness training. (Fire Chief)
Staff reconunendation: Council adopt the resolution.
14. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF
INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY
OF CHULA VISTA TO PROVIDE SECTION 21354.3 (3% ~ 60 FULL FORMULA)
BENEFITS TO ALL ACTIVE MISCELLANEOUS MEMBERS
B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION
21354.3 (3% ~ 60 FULL FORMULA) FOR ALL ACTIVE LOCAL
MISCELLANEOUS MEMBERS (FIRST READING)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003 BUDGET APPROPRIATING FUNDS TO
COVER THE COST OF THE CONTRACT AMENDMENT (4/5THS VOTE
REQUIRED)
On August 28, 2001, the Council approved labor agreements with the City's
miscellaneous employee groups that included certain retirement benefit enhancements.
These actions are the first steps required in the CalPERS contract amendment process in
order to implement the change in the basic pension benefit formula, and the appropriation
of funds is needed to cover the cost of the contract amendment. (Assistant City Manager
Powell)
Staff recommendation: Council adopt the resolutions and place the ordinance on first
reading.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law genera[ly prohibits the Councd from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff Comments are limited to
three minutes.
Page 5 - Cotmcil Agenda 08/20/02
PUBLIC HEARINGS·
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
15. CONSIDERATION OF APPROVAL OF PCC-02-34, A CONDITIONAL USE PERMIT
REQUESTED BY VERIZON WIRELESS TO INSTALL, OPERATE AND MAINTAIN
A WIRELESS COMMUNICATIONS FACILITY CONSISTING OF TWO 15-FOOT-
HIGH MONOPINES TO SUPPORT A TOTAL OF THREE ANTENNA ARRAYS,
TWO MICROWAVE DISHES, AND ONE GPS ANTENNA; AND AN ASSOCIATED
45-SQUARE-FOOT EQUIPMENT ENCLOSURE BEHIND A SINGLE-F AMIL Y
HOME AT 455 QUAIL COURT
Verizon Wireless has requested a Conditional Use Permit to install, operate and maintain
an unmanned wireless communications facility consisting of two I5-foot-high monopines
to support a total of three antenna arrays, two microwave dishes, and one GPS antenna;
and an associated 45-square-foot equipment enclosure behind a single-family home
located at 455 Quail Court. The monopines proposed would be approximately 70 to 90
feet south of existing Pacific BelllCingular antennas located on the same lot. The
Environmental Review Coordinator has concluded that the project is a Class 3(c)
categorical exemption fi:om environmental review (CEQA Section 15303, new
construction of small structures). (Director of Planning & Building)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING APPROVAL OF CONDITIONAL USE PERMIT, PCC-02-34, TO
VERIZON WIRELESS TO CONSTRUCT AN UNMANNED WIRELESS
COMMUNICATIONS FACILITY AT 455 QUAIL COURT
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
16. CITY MANAGER'S REPORTS
. Scheduling of meetings.
17. MAYOR'S REPORTS
18. COUNCIL COMMENTS
ADJOURNMENT to the Regular Meeting of August 27, 2002, at 6:00 p.m. in the Council
Chambers.
Page 6 - Council Agenda 08/20/02
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 9.20 OF THE CHULA VISTA
MUNICIPAL CODE TO INCLUDE LANGUAGE
RELATING TO REGULATION OF THE USE,
POSSESSION AND SALE OF GLASS ETCHING
PRODUCTS
WHEREAS, glass etching products, sold in craft and home improvement
stores, have legitimate uses including decorative arts; and
WHEREAS, in addition to their legitimate uses, glass etching products are
being used for illegal purposes, including for the purpose of permanently defacing
glass and plastic surfaces on public and private property within the City of Chula
Vista; and
WHEREAS, such glass etching products are also known to be dangerous if
handled improperly; and
WHEREAS, the use of glass etching products for illegal purposes is
dangerous and damaging to public and private property, and contributes to
appearances of blight in the commercial areas of the City; and
WHEREAS, unrestricted retail access to graffiti materials, including glass
etching products, contributes to the incidence of graffiti in the City; and
WHEREAS, reasonable limitations on the possession, use and sale of glass
etching products will not unreasonably restrict legitimate businesses or customers
from selling or purchasing the product in a lawful manner; and
WHEREAS, to remain consistent when describing tools used to cause graffiti
damage such terminology will be known as graffiti implements.
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 9.20.020 and Section 9.20.050 of Chapter 9.20 of
the Chula Vista Municipal Code are hereby amended to read as follows:
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9.20.020 Definitions.
A. As used in this section, "graffiti" includes any inscription, word, figure, or
design that is marked, etched, scratched, drawn, painted, pasted or otherwise
affixed to or on any surface, regardless of the nature of the material of that structural
component, to the extent that same was not authorized in advance by the owner
thereof, or, despite advance authorization, is otherwise deemed by the council to be
a public nuisance.
B. "Aerosol paint container" means any aerosol container, regardless of the
material from which it is made, which is adapted or made for the purpose of spraying
paint or other substances capable of defacing property.
C. "Felt tip marker" means any indelible marker or similar implement with a tip
which, at its broadest width, is greater than one-eight inch, containing an ink that is
not water-soluble.
D. "Graffiti stick" means a device containing a solid form of paint, chalk, wax,
epoxy, or other similar substance capable of being applied to a surface by pressure,
and upon application, leaving a mark at least one-eight of an inch in width, visible
from a distance of 20 feet, and not water soluble.
E. "Graffiti implement" means an aeroe;ol 3aint container, a felt tip marker, or
:3 graffiti stick. "Glass etchinQ products" means any product which can be used to
permanently alter a Qlass surface, includinQ but not limited to such products that
contain hydrofluoric acid ammonium bifluoride and sulfuric acid, or sodium bifluoride.
F. "Graffiti implement" means an aerosol paint container, a felt tip marker, a
graffiti stick, or glass etching products.
9.20.050
Accessibility to graffiti implements.
A. Furnishing to Minors Prohibited. It shall be unlawful for any person, other
than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or
cause to permit to be exchanged, given, loaned, or otherwise furnished, any felt tip
marker or graffiti Etick Qraffiti implement to any person under the age of 18 years
without the consent of the parent or other lawfully designated custodian of the
person, which custodial consent shall be given in advance in writing,
Section II: This ordinance shall take effect and be in full force on the thirtieth
day from and after its second reading and adoption.
Presented by
Approved as to form by
110ì4.-
Fe a:
Richard Emerson, Chief of Police
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ORDINANCE NO. ~~\)\~() ~\)
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AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 3.54,
RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE
TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES
WHEREAS, in January 1988, the City Council of the City of Chula Vista adopted
Ordinance No. 2251 establishing a development impact fee for transportation facilities in
the City's eastern territories; and
WHEREAS, pursuant to Ordinance No. 2251, the City has commenced the
collection of development impact fees to be used to construct transportation facilities to
accommodate increased traffic generated by new development within the City's eastern
territories; and
WHEREAS, Ordinance No. 2251 as amended by Ordinance Nos. 2289, 2348,
2349, 2431, 2580, 2604, and 2671 were repealed by Ordinance No. 2802 in January
1999; and
WHEREAS, by Ordinance 2802, the Transportation Development Impact Fee
was placed in Municipal Code Chapter 3.54; and
WHEREAS, Municipal Code Chapter 3.54 was amended by Ordinance 2823; and
WHEREAS, the City Council ofthe City of Chula Vista is placing this ordinance
on its first reading which will increase the development impact fee (per equivalent
dwelling) unit to finance transportation facilities within the City of Chula Vista; and
WHEREAS, pursuant to Government Code Section 66017(a), the fees increased
by this ordinance will not become effective until sixty (60) days after its second reading;
and
WHEREAS, the average daily trips for residential development shall be based on
its density, and
WHEREAS, pursuant to the Municipal Code and California Government Code
Sections 66000, et. seq., the City Council has caused a study to be conducted to reanalyze
and reevaluate the impacts of development on the transportation system for the City's
eastern territories and, further re-analyze and evaluate the development impact fee
necessary to pay for the transportation facilities which financial and engineering study
prepared by Willdan, is entitled "Eastern Area Development Impact Fess for Streets"
dated July 2002; and
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WHEREAS, the financial and engineering studies and the City's General Plan
show the transportation network will be adversely impacted by new development within
the eastern territories unless new transportation facilities are added to accommodate the
new development; and
WHEREAS, the financial and engineering studies and the City's General Plan
establish that the transportation facilities necessitated by development in the eastern
territories comprise and integrated network; and
WHEREAS, the City's Municipal Code authorizes the City Council to amend or
modify the list of projects to be financed by the fee; and
WHEREAS, on August 6, 2002, the City Council of the City ofChula Vista held
a duly noticed meeting at which oral or written presentations regarding the development
impact fee for the City's eastern territories could be made; and
WHEREAS, the City's Environmental Review Coordinator 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 underSection 15378 of
the State CEQA Guidelines; therefore, pursuant to Section l5060( c )(3) of the State
CEQA Guidelines the activity is not subject to CEQA, and
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I: Findings
The City Council finds that developers ofland within the Eastern Territory should'
be required to mitigate the burden created by development through the construction of
transportation facilities within the boundaries of the development, the construction of
those transportation facilities outside the boundaries of the development which are
needed to provide service to the development in accordance with City standards and the
payment of a development impact fee to finance the development's portion of costs of the
transportation network; and,
The City Council finds that the legislative findings and determinations set forth in
Ordinance No.2802 continue to be true and correct; and
The City Council finds, after consideration of the evidence presented to it
including the "Eastern Area Development Impact Fees for Streets" dated July 2002, that
certain amendments to Chapter 3.54 of the Chula Vista Municipal Code are necessary in
order to assure that there are sufficient funds available to finance the transportation
facilities necessary to serve the eastern territories by the development impact fee; and,
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3-.2-
The City Council fmds, based on the evidence presented at the meeting, the City's
General Plan, and the various reports and information received by the City Council in the
ordinary course of its business, that the imposition of traffic impact fees on all
development in the eastern territories for which building permits have not been issued is
necessary in order to protect the public health, safety and welfare and in order to assure
effective implementation of the City's General Plan; and,
The City Council finds that the amount of the amended fees levied by this
ordinance does not exceed the estimated cost of providing the transportation facilities;
and,
The City Council finds that it is appropriate to refine the fees for industrial and
commercial land uses, including high rise commercial, to reflect the findings of the
analyses of the industrial and commercial trip origination and destination whereby only
estimated trips generated fi:om outside the Transportation Development Impact Fee
boundary shall be used in determining the fee for industrial, commercial and commercial
high-rise land uses; and
The City Council finds it is necessary to ensure the timely payment of the "DIF
program monitoring" cost item, included in Table H "Program Funding Requirements" of
the fmancial and engineering study, "Eastern Area Development Impact Fees for Streets"
dated July, 2002, to adequately fund ongoing and future administration activities and
studies.
SECTION 2:
That the Development Impact Fee Schedule set forth in Section 3.54.01O(C) of the
Municipal Code, and as adjusted annually by the 20 City Construction Cost Index as
published monthly in the Engineering News Record, shall be amended to read as follows:
C. The amount of the fee for each development shall be calculated at the time of building
permit issuance based upon the following schedule:
Development Type Transportation Fee
Residential
(Low density) 0-8 du/gross ac Single family detacHed ¡\.y/elling $8,180$5,920/dwelling unit
(Medium density»8-20 du/gross ac Single family attacHed d'1:elling$6,544$4,73é/dwelling unit
(High density) >20 du/gross ac M¡litifumily d'lIelliag $4,908$3,552/dwelling unit
Senior housing $3,272$2,3é8/dwelling unit
Commercial $171,780$1 48,QOO/gross ac
High rise Gcommercial (kigh rise) $278,120$23é,800/gross ac
Industrial $65,440$g8,8QO/gross acre
Golf course $572,600$414, 400/golf course
Medical center $53I,700$384,&00/gross acre
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The density of the development type shall be based on the nnmber of dwelling nnits
per gross acre for single-family or multi-family residential and shall be based upon
the densities identified on the approved tentative map or approved tentative parcel
map entitling the development unless otherwise approved in writing by the city
manager's designee. The gross acreage of the development type f~r commercial,
high rise commercial, industrial and medical center shall include the gross acreage
of all parcels that the city manager's designee deems necessary for the deYelopment
project. Gross acreal!e as it applies to the commercial. hil!h rise commercial.
industrial and medical center development types. means all land area within the
boundary of the parcel or parcels of the development project for which buildinl!
permits are beill!! reauested.
The amount of the fee shall be adjusted, starting on October I, 2003 WOO, and on each
October 1st thereafter, based on the one-year change (from July to July) in the 20 City
Construction Cost Index as published monthly in the Engineering News Record. For
reference purposes, the July 2002+99-9, 20 City Construction Cost Index is 6604.82
6076.25. Adjustments to the above fees based upon the Construction Cost Index shall be
automatic and shall not require further action of the city council.
The city council shall at least annually review the amount of the fee.
The city council may adjust the amount of the fee as necessary to reflect changes in the
type, size, location or cost of the transportation facilities to be financed by the fee,
changes in land use designations in the city's general plan, and upon other sound
engineering, financing and planning information. Adjustments to the above fees resulting
fi:om the above reviews may be made by resolution amending the master fee schedule.
SECTION 3:
That the Definitions as set forth in Section 3.54.020 of the Municipal Code, shall be
amended to read as follows:
3.54.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as
defined herein, unless from the context it appears that a different meaning is intended.
A. "Building permit" means a permit required by and issued pursuant to the Uniform
Building Code.
B. "Director of Public Works" means the director of public works, the director of
public works' designee or the city manager's designee.
C. "Density" means dwelling units per gross acre identified for each planning area
shown on the approved tentative map or approved tentative parcel map or as
determined by the city manager's designee.
D.&. "Developer" means the owner or developer of a development.
E.Go "Development permit" means any discretionary permit, entitlement or approval for a
development project issued under any zoning or subdivision ordinance of the city.
F.I}-/'Development project" or "development" means any activity described in Section
66000 of the State Government Code.
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3f
G.&. "Eastern Territories" generally means that area of the city located between Interstate
805 on the west, the city sphere of influence boundary on the east and northeast, the city
boundary on the north and the city's southern boundary on the south, excepting Villages 9
and 10 of the Otay Ranch (the University Site) as shown on the map entitled "Figure I" of
the update of the financial and engineering studies. The property known as Bonita
Gateway located at the northeast quadrant of Bonita Road and 1-805 intersection is also
included.
H.F. "Financial and engineering studies" means the "Interim Eastern Area Development
Impact Fee for Streets" study prepared by George T. Simpson and Willdan Associates
dated November 1987; the "Eastern Area Development Fee for Streets" study prepared
by Willdan Associates dated November 19, 1990; the Eastern Development Impact Fee
for Streets - 1993 Revision" study prepared by city staff dated July 13, 1993; aHà the
study prepared by Project Design Consultants ("Eastern Area Development Impact Fees
for Streets, 1999 Update") dated October 251999;, and the study prepared by Willdan
("Eastern Area Development Impact Fees for Streets" dated July 2002), which are
on file in the office of the city clerk.
I.G. "High rise commercial" means commercial office usage five or more stories in
height.
J. "Transportation facility project" means that project or portion of project which
involves the specified improvements authorized by Section 3.54.030.
SECTION 4:
That the transportation facilities to be financed by the fee as set forth ill Section
3.54.030(A) shall be amended as follows:
3.54.30 Transportation facilities to be financed by the fee.
A. The transportation facilities and programs to be financed by the fee established by this
chapter are:
1*
2.*
3.**
3a.**
4**
5**
6.*'*
7.
8**
9.**
lOa.
lOb.
I\.
12.
13.*
14**
State Route 125 fi:om San Miguel Road to Telegraph Canyon Road.
State Route 125 fi:om Telegraph Canyon Road to Olympic Parkway Orange
A Y€I1U€.
Telegraph Canyon Road rrom Paseo Del Rey to east of Pas eo Ladera/north side
Telegraph Canyon Road at 1-805 interchangelPhase II.
Telegraph Canyon Road 1 Phase I Rutgers Avenue to Eastlake Boundary.
Telegraph Canyon Road / Phase II Paseo Ladera to Apache Drive.
Telegraph Canyon Road / Phase III Apache Drive to Rutgers Avenue.
East H Street / 1-805 Interchange modifications.
East H Street from Eastlake Drive to SR-125.
Otay Lakes Road fi:om Camino del Cerro Grande to Ridgeback Road.
La Media Road from Telegraph Canyon Road to East Palomar Street.
La Media Road from East Palomar Street to Olympic Parkway.
Bonita Road from Otay Lakes Road to Central Avenue.
Bonita Road from Central Avenue to San Miguel Road.
San Miguel Road fi:om Bonita Road to SR-125.
East H Street from State Route 125 to San Miguel Road.
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.3~5
15.** Proctor Valley Road (East H Street) fi:om San Miguel Road to Hunte Parkway.
16.** Olympic Parkway from Brandywine Avenue to Paseo Ranchero.
17&** East Palomar Street from Oleander Avenue to Medical Center Drive SunbO'.v
Eastern Boundary.
17a. ** East Palomar Street from Medical Center Drive to Paseo Ladera.
17b. East Palomar Street from Pas eo Ladera to Sunbow eastern boundary to M@àieal
Canter Driv@.
18. ** Telegraph Canyon Road from eastern boundary of Eastlake to Hunte Parkway.
19.** Eastlake Parkway rrom Otay Lakes Road to Eastlake High School southern
boundary.
20.** Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road.
21 ** Hunte Parkway from Telegraph Canyon Road to Club House Drive.
2Ia.** Hunte Parkway from Club House South Greensview Drive to Olympic Parkway.
22. Olympic Parkway from Eastlake Parkway to Hunte Parkway.
22a. Olympic Parkway from SDGE easement to Hunte Parkway.
22b. Olympic Parkway from SR 125 to SDGE easement.
23a.** Paseo Ranchero from Telegraph Canyon Road to East Palomar Street.
23b. **Paseo Ranchero from East Palomar Street to Olympic Parkway.
24a. Olympic Parkway from Paseo Ranchero to La Media Road.
24b. Olympic Parkway from La Media Drive to East Palomar Street.
24c. Olympic Parkway from East Palomar Street to SR125.
24d. Olympic Parkway from SRI25 to Eastlake Parkway.
25a. Olympic Parkway I I-805 Interchange modifications to Brandywine Avenue.
25b. ** Olympic Parkway from Oleander to Brandywine
26a.** East Palomar Street from eastern SunÞow BCHmdary to Paseo Ranchero to Santa
Maria.
26b. ** East Palomar Street from Sunbow eastern boundary to Santa Maria
27. Deleted project (East Palomar Street at I-805 interchange).
28. Otay Lakes Road from Hunte Parkway to Wueste Road
29.** Olympic Parkway from Hunte Parkway to Wueste Road Olympic Training
Ceflter.
Otay Lakes Road from SR-125 to Eastlake Parkway.
Eastlake Parkway from Fenton Street to Otay Lakes Road.
East "H" Street from I-805 to HiddenVista Drive.
East "H" Street eastbound to Terra Nova Shopping Center.
Bonita Road at Otay Lakes Road intersection.
Otay Lakes Road at Elmhurst Drive intersection.
East "H" Street at Otay Lakes Road intersection.
Traffic Signal Interconnection 1 Eastern Territories.
EastLake Parkway from Eastlake High School southern boundary to Olympic
Parkway.
East "H" Street from Paseo Del Rey to Tierra del Rey.
Bonita Road fi:om I-805 to Plaza Bonita Road.
Alta Road fi:om SRI25 to Eastlake Parkway.
Brandywine/Medical Center Drive fi:om Medical Center Court to Olympic
Parkway.
30.
31.
32a.
32b.
33.**
34.**
35**
36.
37.
38.**
39**
40.
41. **
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3-6
42. Birch Road from La Media Road to SR 125.
43. Birch Road fi:om SRI25 to Eastlake Parkway.
44. Deleted project (Birch Road rrom Eastlake Parkway to Hunte Parkway).
45. Eastlake Parkway fi:om Olympic Parkway to Birch Road.
46. Eastlake Parkway fi:om Birch Road to Alta Road Rock Mountain Roaà.
47a. Mt. Miguel Road from Proctor Valley Road North to SR 125. South t8 Pmct8r
Vall@y Roaà North.
47b. Mt. Miguel Road from SR 125 to Proctor Valley Road (South), previously
uamed East "H" Street.
48. Hunte Parkway fi:om Olympic Parkway to Eastlake Parkway Birch Road.
50. Deleted project. [La Media Road bridge crossing the Otay River (one-half the
cost)].
51. La Media Road from Olympic Parkway to Birch Road.
52. La Media Road fmm Birch Road to Rock Mountain Road.
53. La Media Road fi:om Rock Mountain Road to Main Street (previously named
Otay Valley Road).
54. La Media Road fmm Main Street Otay Vall@y Road to southern city boundary.
55. Otay Lakes Road fmm East H Street to Telegraph Canyon Road.
56a. Main Street Otay Vall@y Roaà fmm Nirvana ~ to Rock Mountain Road.
56b. Main Street eta)' Valley R8aà fi:om Rock Mountain Road to La Media Road.
56c. Main Street eta)' Valley R8aà from La Media Road to SR125.
56d. Main Street at I-80S Underpass widening.
57. Paseo Ranchero from Olympic Parkway to Main Street etay Valley R8aà.
58a. Paseo Ranchero from Main Street Otay Valley R8aà to southern City boundary
(excludes including bridge crossing the Otay River) (one half the cost).
58b. Paseo Ranchero bridge crossing the Otay River (0% of cost).
59a. Pmctor Valley Road from Hunte Parkway to Rolling Hills Ranch Neighborhood
9 west entrance eastern City boundary at Upper Otay Reservoir.
59b. Proctor Valley Road from Rolling Hills Ranch Neighborhood 9 west entrance
to easterly city boundary.
60. Rock Mountain Road from SRI25 to Main Street etay Valley Road.
61. Willow Street fi:om Bonita Road to Sweetwater Road (including bridge over
Sweetwater River).
62. East H Street from Buena Vista Way to Otay Lakes Road.
63. Intersection signalization area wide within the Eastern Territories.
64. Development impact fee pmgram support.
* Project is now included in the interim pre-SRl25 transportation facility fee.
** Project has been completed.
SECTION 5:
That the developer authorization for construction of transportation facilities as set forth in
Section 3.54.040(B) shall be deleted:
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3-7
B. /\ d<:'l<:lop<:r may r<:E[u<:st authorization fi:om tll<: city council to construct one or more
of tile facilities listed in CVMC 3.54.030.
SECTION 6:
That the developer construction of transportation facilities as set forth III Section
3.54.040(C) shall be amended as follows:
B.G, Whenever a developer requests reimbursement, or a credit against fees, for work to
be done or paid for by the developer under subsections (A) ~) of this section, the
request shall be submitted in writing to the city manager's designee. council before
commencement of tile work.
1. The request shall contain the folloviing information and, if granted, shall be subject to
the following conditions: a description of the project with a detailed cost estimate
which itemizes those costs of the construction attributable to the transportation
facility project and excludes any work attributable to a specific subdivision project.
The estimate is preliminary and the amount of reimbursement or credit against fees
is subject to final determination by the city manager's desiguee. Additional
informatiou shall be provided to the city by the developer upon request of the city.
I. Delaileà àescription of th<: project '.vilh a preliminary cost <:stimate. That portioH
of project which im'ol'l<:s the sp<:cifi<:d improY<:m<:nts authorized by CVMC
3.54.030 is ref€rreà to hereiH as the traFlsportation facility project
2. Such reimbursemeut or credit against fees shall be subject to the following
conditions:
2.a. Requirements of Developer.
i.a. Preparation of plans and specifications for approval by the city;
ii.Þ.Secure and dedicate any right-of-way required for the transportation
facility project;
iii.GoSecure all required pennits and environmental clearances necessary for
the transportation facility project;
iV.à.Provision of performance bonds (where the developer intends to utilize
provisions for immediate credit, the performance bond shall be 100 percent of
the value of the transportation facility project);
v.0.Payment of all city fees and costs.
b.J.o The city will not be responsible for any of the costs of constructing the
transportation facility project. The developer shall advance all necessary funds to
construct the transportation facility project.
c.4..The developer shall secure at least three qualified bids for work to be done and
shall award the construction contract to the lowest qualified bidder. The developer
may combine the construction of the transportation facility project with other
development-related work and award one construction contract for the combined
work based on a clearly identified process for determining the low bidder, all as
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3-,?
approved by the city manager's designee director of pHblic works. Should the
construction contract be awarded to a qualified bidder who did not submit the lowest
bid for the transportation facility project portion of the contract, the developer will
only receive transportation development impact fee IDIF credit based on the
lowest bid for the transportation facility portion of the contract. Any claims for
additional payment for extra work or charges shall be justified, shall be documented
to the satisfaction of the city manager's designee director of public works and shall
only be reimbursed at the prices for similar work included in the lowest bid for the
transportation facility portion of the contract.
5.The developer shall provide a detaileà cost estimate whiëh itemizes those costs of
the construction attributable to the transportation facility project and excludes any
work attributable to a sp@cific subàivision pmject. The estimate is preliminary anà
sHbject to final detennination by the àirector of public works Hpon completion of the
transportation facility project.
d.é.Upon complying with conditions set forth in Section 3.54.040(B)1. and 2.a.
above as determined by the city and upon approval of the estimated cost by the
city manager's designee director of public '""orb, the developer shall be entitled to
immediate credit for 50 percent of the estimated cost of the construction attributable
to the transportation facility project. Once the developer has received valid bids for
the project which comply with Section 3.54.040(B)2.c., entered into binding
contracts for the construction of the project, and met the conditions set forth in
Section 3.54.040(B)1. and 2.a. above as determined by the city, all of which have
been approved by the city manager's designee àirector of pHblic works, the amount
of the immediate credit shall be increased to 75 percent of the bid amount
attributable to the transportation facility project. The immediate credits shall be
applied to the developer's obligation to pay transportation development impact fees
for building permits issued after the establishment of the credit. The developer shall
specify tOOw those building permits to which the credit is to be applied at the time the
developer submits the building permit applications.
ChIf the developer uses all of the immediate credit before final completion of the
transportation facility project, then the developer may defer payment of development
impact fees for other building penn its by providing to the city liquid security such as
cash or an irrevocable letter of credit, but not bonds or set-aside letters, in an amount
equal to the remaining amount of the estimated cost of the transportation facility
project.
g.&. When all work has been completed to the satisfaction of the city, the developer
shall submit verification of payments made for the construction of the transportation
facility project to the city. The city manager's designee director of pHblic )'(orks
shall make the final determination on expenditures which are eligible for credit or
cash reimbursement.
h.9.After final determination of eligible expenditures has been made by the city
manager's designee director ofpllblic works and the developer has complied with
the conditions set forth in this Section 3.54.040(B) as determined by the city, the
final amount of transportation development impact fee credits shall be determined
by the city manager's designee. The developer shall receive credit against the
deferred fee obligation in an amount equal to the difference between the final
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3-'7
expenditure determination and the amount of the 75 percent immediate credit used, if
any. The city shall notifY the developer of the final deferred fee obligation, and of the
amount of the applicable credit. If the amount of the applicable credit is less than the
deferred fee obligation, then the developer shall have 30 days to pay the deferred fee.
If the deferred fees are not paid within the 30-day period, the city may make a
demand against the liquid security and apply the proceeds to the fee obligation.
i..w. At the time building permits are issued for the developer's project, the city
will iucrementally apply credit which the developer has accrued in lieu of
collecting the required transportation development impact fees. The àeveloper
;vill receive any creàit against reEJuireà àevelopment impact fees increme!1.tally at the
time builàing permits are issued fur the developer's project The amount of the credit
to be applied to each building permit shall be based upon the fee schedule in effect at
the time of the building permit issuance. The city manager's designee àirector of
public works shall convert such credit to an EDU basis for residential development
and/or a gross acre basis for commercial or industrial development for purposes of
determining the amount of credit to be applied to each building permit.
If the total eligible construction cost for the transportation facility project is more than
the total transportation development impact fees which will be required for the
developer's project, then the amount in excess of development impact fees will be
paid in cash when funds are available as determined by the city manager,; a
reimbursement agreement will be executed; or the developer may waive
reimbursement and use the excess as credit against future transportation
development impact fee obligations. The city may, in its discretion, enter into an
agreement with the developer to convert excess credit into EDU and/or gross acre
credits for use against future development impact fee obligations at the fee rate in
effect on the date of the agreement.
j.-l-h The requirements of tffi& &1ffisSection 3.54.040(B){q may, in the city' s
discretion, be modified through an agreement between entereà into vlith the
developer and the city and approved by city council.
SECTION 7:
That the developer construction of transportation facilities as set forth III Section
3.54.040(D) shall be amended as follows:
c.!* Whenever a transportation development impact fee credit is generated by
constructing a transportation facility using assessment district or community facility
district financing, the credit shall only be applied to the transportation development
impact fee obligations within that district.
SECTION 8:
That Section 3.54.090 is added as follows:
3.54.090 Economic Incentive Credit
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.3-/0
The city council may authorize the city to participate in the financing of
transportation facility projects or portions of transportation facility projects
identified in Section 3.54.030. At the time of the appropriation of funds by city
council for the construction of an eligible transportation facility, the city shall be
eligible to receive a credit known hereafter as an Economic Incentive Credit. Such
economic incentive credit may be applied to development impact fee obligations for
those projects which the city council determines, in its sole discretion, to be
beneficial to the city. The use of the economic incentive credit may be subject to
conditions which shall be set forth in a written agreement between the developer of
the project and the city and approved by city council. The amount of the credit
shall be determined pursuant to Section 3.54.040(B).
The city may receive Economic Incentive Credit only for those eligible projects (i)
identified in Section 3.54.030 and (ii) for amounts of funding not identified in the
financial and engineering study, "Eastern Area Development Impact Fee for
Streets" dated July 2002.
SECTION 9: Expiration of this ordinance
This ordinance shall be of no further force when the City Council determines that the
amount of fees which have been collected reaches an amount equal to the cost of the
transportation facilities or reimbursements.
SECTION 10: Time limit for protest and judicial action
Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance
shall be brought within the time period as established by Government Code Section
66020 after the effective date of this ordinance.
In accordance with Government Code Section 66020( d)(1), the ninety-day approval
period in which parties may protest begins upon the effective date of this ordinance.
SECTION II: Effective Date
This Ordinance shall become effective 60 days after its adoption.
Presented by:
Approved as to form by:
John P. Lippitt
Director of Public Works
æ(J)n~
~eny
City Attorney
J :/attorney/ord înance/tdi ford2002
-11-
3-/1
~'ß~
ORDINANCE NO. ~~\)\~() ~\)
CO~\)
ORDINANCE OF THE CITY COUNCIL OF THE C~ OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 07M (EASTLAKE III - WOODS, VISTAS AND
LAND SWAP PARCEL) AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN EACH IMPROVEMENT AREA OF 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 a special taxes in
each of the improvement areas within 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 I. 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 is designated as COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE III -
WOODS, VISTAS AND LAND SWAP PARCEL) (the "District") and each of the improvement
areas are designated as IMPROVEMENT AREA NO. I and IMPROVEMENT AREA NO.2.
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 07M (EASTLAKE III - Woods, Vistas and Land Swap
Parcel), does hereby ordain as follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes within Improvement Area No. I pursuant to the Rate and Method of
Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (the "Improvement
Area No. I Special Tax Formula"), referenced and so incorporated.
This City Council does, by the passage of this ordinance, authorize the levy of special
taxes within Improvement Area No. 2 pursuant to the Rate and Method of Apportionment of
Special Taxes as set forth in Exhibit "B" attached hereto (the "Improvement Area No.2 Special
Tax Formula"), referenced and so incorporated.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special taxes to be levied within
Improvement Area No. I for the then current tax year or future tax years, except that the special
tax to be levied within Improvement Area No. I shall not exceed the maximum special tax
calculated pursuant to the Improvement Area No. I Special Tax Formula, but the special tax may
be levied at a lower rate.
This City Council, acting as the legislative body of the District, is hereby further
authorized, by Resolution, to annually determine the special taxes to be levied within
I
,/ /
"';t. ~.
Improvement Area No.2 for the then current tax year or future tax years, except that the special
tax to be levied within Improvement Area No. 2 shall not exceed the maximum special tax
calculated pursuant to the Improvement Area No.2 Special Tax Formula, but the special tax may
be levied at a lower rate.
SECTION 3. The special taxes herein authorized, 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, the District 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 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 tax. The lien of the special tax shall
continue in force and effect until the special tax obligation is prepaid, permanently satisfied and
canceled in accordance with Section 53344 of the Government Code of the State of California or
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
Government Code Section 36933.
Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on
,2002;
Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on
the day of , 2002, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
APPROVED AS TO FORM:
~ Î'Y\.Æ~, ~
John Kaheny
John Lippitt
2
4<:~ )
... -4"J
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 08/20/02
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AWARDING A PURCHASING
AGREEMENT TO PIERCE MANUFACTURING, INC. FOR
ONE TRIPLE COMBINATION PUMPER, ONE HEAVY
DUTY LADDER TRUCK AND ONE LIGHT/AIR RESCUE
UNIT.
SUBMITTED BY: Fire Ch~'~ PurchaSing Agent
REVIEWED BY: City Manager~,~,~3~' (415ths Vote: Yes_No X__)
During the FY03 Capital Improvement Project (CIP) budget process, Council
approved and appropriated funds for the pumhase of one triple combination
pumper, one heavy-duty ladder truck and one light/air rescue vehicle. Council
also conceptually approved purchase of a second heavy-duty ladder truck in
FY04. The City of Chula Vista Municipal Code Section 2.56.140 authorizes the
Purchasing Agent to participate in cooperative arrangements with other
governmental agencies for the acquisition of equipment purchased through a
competitive process. Based on two recent Requests for Bid, the City of San
Diego and the Southem Marin Fire Protection District formally awarded contracts
to Pierce Manufacturing for purchase of similar equipment.
RECOMMENDATION: That Council adopt the resolution awarding a purchasing
agreement to Pierce Manufacturing, Inc. for one triple combination pumper, one
heavy duty ladder truck and one light/air rescue unit; and, a second ladder truck
which will be ordered in FY04 subject to Council appropriation.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND
During the FY03 CIP budget process, Council approved and appropriated funds
for the purchase of one triple combination pumper, one heavy-duty ladder truck
and one light/air rescue unit. The second heavy-duty ladder truck was also
conceptually approved for purchase in FY04. In accordance with the CIP
spending plan, funds are anticipated to be appropriated for the ladder truck in
FY04. Through a public agency clause on a City of San Diego bid and the
Southern Matin Fire Protection District bid, the City is able to take advantage of
favorable pricing, terms and conditions for purchase of the apparatus budgeted in
FY03. Furthermore, Pierce Manufacturing has offered payment incentive terms
for the second heavy-duty ladder truck planned for FY04. The fire apparatus will
be received 8 to 9 months after the vendor has received the order.
in both competitive bid processes, Pierce Manufacturing met specifications and
was selected as the lowest responsible bidder. Currently there are no vendors in
Chula Vista who manufacture fire apparatus.
Most of the equipment is for Fire Station 7 to be located in Village 2 in the Otay
Ranch. Staff anticipates Station 7 will be operational by September 2003. This
Station will house a pumper truck, a ladder truck and the City's first light/air
rescue truck. The remaining ladder truck is for Station 1 located at the Civic
Center. The existing ladder truck used will be placed in reserve status. Currently
there are no reserve ladder trucks in the City. As a result when the existing
ladder truck is temporarily out of service for maintenance or repair, the
department has to rely on other agencies for assistance.
DISCUSSION
Staff is recommending purchase of the fire apparatus noted above including the
ladder truck planned for FY04 from Pierce Manufacturing. Pierce Manufacturing
has over 50 years of experience for quality and workmanship in the fire
apparatus field. The Purchasing Agent and Fire Department have successfully
negotiated a favorable price based on the City of San Diego and Southern Marin
Fire Protection District bids for similar equipment. Furthermore, staff has
negotiated a reduction in the base price for the triple combination pumper and
the heavy duty ladder trucks by eliminating several unneeded enhancements.
Additionally, Pierce will also provide a 100% performance bond to ensure
compliance with all manufacturing specifications. The Fire Department has
purchased three Pierce apparatus in the last three years and has been pleased
with performance and the level of support provided by Pierce.
PRICING SUMMARY
Description Bid Price CV Price QTY Total
Pumper $409,761 $335,164 1 $ 335,164
Ladder Trucks $699,607 $629,141 1 $ 629,141~
Rescue Unit $344,503 $510,871 1 $ 510,871
$1,475,176
Sales Tax $ 114,326
Sub Total $1,589,502
Pre-payment $ -47,413
Discount
Total Cost $1,542,089
~ The vendor will provide the second ladder truck for $629,141 (sales tax not included) minus a
prepayment discount of $20,925.
Triple Combination Pumper
The City of San Diego proposal price was $409,761 without sales tax. Staff
negotiated a reduction in the base bid price by eliminating items not required by
the Chula Vista Fire Department. The total cost to the City without sales tax is
$335,164, resulting in a savings of $74,597 from the original bid price.
Heavy Duty Ladder Truck(s)
The City of San Diego proposal pdce was $699,607 each without sales tax. Staff
negotiated a reduction in the base bid pdce by eliminating items not required by
the Chula Vista Fire Department. The total cost to the City without sales tax is
$629,141, resulting in a savings of $70,466 from the original bid price.
Light AidRescue Unit
Rescue type units vary across the State. The complexity of these units makes it
difficult to find an exact match. Furthermore, in many departments multiple
vehicles costing several hundred thousand dollars each are used to perform
tasks associated with a Light/Air Rescue Unit. The use of one unit for this
purpose eliminates inefficiencies in multiple units and is more cost effective. The
Southern Madn Fire Protection Distdct is the most recent to contract with Pierce
Manufacturing and purchase a rescue type unit. The cost of the unit without tax
was $344,503. The unit was a basic unit without the equipment specified by the
City of Chula Vista. After adding required equipment and deleting unneeded
equipment in the Southern Marin Fire Protection district bid, the price to the City
of Chula Vista without taxes is $510,871.
Payment Terms
Payment for one pumper, one ladder truck and one rescue unit will be due within
ten days of issuance of order. Delivery is estimated to take 8 to 9 months from
receipt of order. Staff is recommending purchase of the second ladder truck in
order to take advantage of the current negotiated price for the ladder truck
approved in this fiscal year. The vendor has offered a pre-payment discount of up
to $20,925 for each ladder truck, $11,140 for the Pumper and $15,348 for the
light/air rescue unit.
Due to the total cost of this purchase, sales tax will be paid for directly by the
City. This will allow the City to retain $15,895 (1%) of the tax for the first three
apparatus purchased. This amount is normally refunded by the State at a later
date.
FISCAL IMPACT
The total cost for pumhase of one pumper, one ladder truck and one light/air
rescue unit is $1,542,089. Council appropriated sufficient funds in the FY03 CIP
budget. A total of $750,000 will need to be appropriated in the FY04 ClP process
for the second ladder truck and related tools and equipment.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASING AGREEMENT TO PIERCE MANUFACTURING,
INC. FOR ONE TRIPLE COMBINATION PUMPER, ONE HEAVY DUTY
LADDER TRUCK AND ONE LIGHT/AIR RESCUE UNIT.
WHEREAS, during the FY03 Capital Improvement Project (CIP) budget
process, Council approved the purchase of one triple combination pumper, one
heavy-duty ladder truck and one light/air rescue vehicle; and,
WHEREAS, Council also conceptually approved purchase of a second
heavy duty ladder truck in FY04 subject to Council appropriation; and,
WHEREAS, the City of Chula Vista Municipal Code Section 2.56.140
authorizes the Purchasing Agent to participate in cooperative arrangements with
other governmental agencies for the acquisition of equipment purchased through
a competitive process; and,
WHEREAS, on a recent Request for Bid, the City of $an Diego and the
Southern Marin Fire Protection District formally awarded a contract to Pierce
Manufacturing for purchase of similar equipment; and,
WHEREAS, through a public agency clause on a City of San Diego bid
and the Southern Marin Fire Protection District bid, the City is able to take
advantage of favorable pricing, terms and conditions for purchase of the
apparatus; and,
WHEREAS,· Pierce Manufacturing has over 50 years of experience for
quality and workmanship in the fire apparatus field; and,
WHEREAS, the Purchasing Agent and Fire Department have successfully
negotiated a favorable price based on the City of San Diego and Southern Marin
Fire Protection District bids for similar equipment; and,
WHEREAS, staff has negotiated a reduction in the base price for the triple
combination pumper and the heavy duty ladder trucks by eliminating several
unneeded enhancements; and,
WHEREAS, Pierce will also provide a 100% performance bond to ensure
compliance with all manufacturing specifications.
WHEREAS, the fire apparatus will be received 8 to 9 months after the
vendor has received the order; and,
$-1
-....----.--
WHEREAS, the cost of the equipment is as follows:
Description Bid Price CV Price QTY Total
Pumper $409,761 $335,164 I $ 335,164
Ladder Trucks $699,607 $629,141 I $ 629,141'
Rescue Unit $344,503 $510,871 I $ 510,871
$ 1,475,176
Sales Tax $ 114,326
Sub Total $ 1,589,502
Pre-payment $ -47,413
Discount
Total Cost $ 1,542,089
,
PRICING SUMMARY
The vendor will provide the second ladder truck for $629,141 (sales tax not Included) minus a
prepayment discount of $20,925.
WHEREAS, sufficient funds are budgeted in the FY03 CIP Budget for purchase
of the pumper, ladder truck and light/air rescue unit and related equipment; and,
WHEREAS, a second ladder truck will be ordered subject to Council
appropriation in FY04; and,
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby award a purchasing agreement to Pierce Manufacturing, Inc.
for one triple combination pumper, one heavy-duty ladder truck and one light/air
rescue unit and a second ladder truck subject to Council appropriation in FY04.
Presented by:
Approved as to form by:
~4.{}.u
Douglas . Perry
Fire Chief
V()I11ð-~_:
John M. Kahen
City Attorney
1 The vendor will provide the second ladder truck for $629,141 (sales tax not included) minus a
prepayment discount of $20,925. $- S-
COUNCIL AGENDA STATEMENT
Item: (~
Meeting Date: 08/20/02
ITEM TITLE: RESOLUTION ACCEPTING A DONATION IN
THE AMOUNT OF $500 AND APPROPRIATING SAID
DONATED FUNDS
SUBMITTED BY: Fire C~.'~~?
REVIEWED BY: City Manager?~;)~'v/ (4/5ths Vote: Yes X No __)
The Fire Prevention bureau recently received a donation in the amount of $500
from Pacific Ship, Repair and Fabrication, Inc. The donation was presented to
the Fire Prevention Bureau to support community outreach efforts.
RECOMMENDATION: That Council adopt the resolution accepting the donation
in the amount of $500 and appropriate said donated funds to the Fire
Department.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION
On July 2, 2002, the Fire Prevention Bureau received a donation in the amount of
$500 from Pacific Ship, Repair and Fabrication, Inc. for sponsorship of fire
prevention programs. The funds will be used to purchase fire prevention
materials and supplies for the "Fire House" and fire prevention programs. The
Fire House is a large "doll house" used in fire prevention and education
presentations. Materials purchased with these funds will be use to enhance
community outreach efforts.
FISCAL IMPACT
The total amount received from this donation is $500. There are no matching
funds required or General Fund impact.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A DONATION IN THE AMOUNT OF $500 AND APPROPRIATING
SAID DONATED FUNDS
WHEREAS, on July 2, 2002, the Fire Department received a donation in
the amount of $500 from Pacific Ship, Repair & Fabrication, Inc.; and,
WHEREAS, said donated funds will be used to purchase fire prevention
materials and supplies for the "Fire House" and fire prevention programs; and,
WHEREAS, these program materials will enhance community outreach
efforts; and,
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept and appropriate $500 to the Fire Department.
Presented by:
Approved as to form by:
~,~i,-4 eä
Fire Chief
-n au\- ~ fW
John M. Kaheny
City Attorney
6-;¿
COUNCIL AGENDA STATEMENT
Item: rt
Meeting Date: 08/20/02
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING
UNANTICIPATED FUNDS IN THE AMOUNT OF $86,558.44
FROM LITTON SYSTEMS AND $24,035.70 FROM
MOTOROLA AND APPROPRIATING SAID FUNDS
SUBMITTED BY: Fire C~
BY: City Manage~t~'~~'' (4/5ths Vote: Yes X No __)
REVIEWED
In October of 2001, the Fire Department purchased communications equipment and
software from Litton Systems and Motorola. The equipment and software were needed
for wireless communications between the Fire Department and Heartland Dispatch.
After experiencing various difficulties with the system, the vendors have opted to refund
the City for the original purchase.
RECOMMENDATION: That Council adopt the resolution accepting the refund in the
amount of $86,558.44 from Litton and $24,035.70 from Motorola and appropriate said
funds to the Fire Department for purchase of wireless communications equipment.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION
The City has received a refund for communications equipment and software purchased
in October of 2001. The communications equipment was purchased to enable wireless
communication between the Fire Department and Heartland Dispatch. Despite
numerous system adjustments, the equipment and software purchased does not provide
reliable wireless communication. The equipment and software will be returned to the
vendors and funds refunded.
The refund will be used to purchase wireless communication equipment and software.
Currently, the Fire Department is testing Panasonic Toughbooks and Heartland RMS
software. This system is providing reliable wireless communication between the Fire
Department and Headland Communications.
FISCAL IMPACT
The total amount refunded is $110,594.14. These funds will be used to purchase a
reliable wireless communication system. There is no general fund impact anticipated.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A REFUND IN THE AMOUNT OF$86,558.44
FROM LITTON SYSTEMS AND $24,035.70 FROM MOTOROLA
AND APPROPRIATING SAID FUNDS
WHEREAS, in October of 2001, the Fire Department purchased
communications equipment and software from Litton Systems and Motorola; and,
WHEREAS, the equipment and software are needed for wireless
communications between the Fire Department and Heartland Dispatch; and,
WHEREAS, after experiencing various difficulties with the system, the
vendors have opted to refund the City for the original purchase; and,
WHEREAS, the refund will be used to purchase wireless communication
equipment and software.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept a refund in the amount of $86,558.44 from Litton
Systems and $24,035.70 from Motorola and appropriate said funds to the Fire
Department for purchase of wireless communications equipment.
Presented by:
Approved as to form by:
Douglas A. Perry
Fire Chief
h·'
J:/ Attomey/reso/motorola
7- ..L
COUNCIL AGENDA STATEMENT
Item S
Meeting Date 08120/02
ITEM TITLE: Resolution Approving staffs recommended funding allocation for
the $78,500 received from the San Diego Unified Port District's
Financial Assistance Program for special events and programs for
FY2002-03, appropriating $3,000 in unanticipated revenue, and
amending the FY03 Budget
SUBMITTED BY: Deputy City Manager Palmer f1rf]
REVIEWED BY: City Manager0.f.; ¡¡¡V (4/5ths Vote: Yes --..!..- No ~
The San Diego Unified Port District (Port) annually conducts a grant process to help member
cities fund special events, programs and projects, via its Financial Assistance Program. This
spring, the Port received funding requests to help partially fund five events or programs in Chula
Vista, three of which were submitted by the City. In the past, the Port has approved specific
funding for specific events in the various member cities. However, this year, the Port granted
lump sum amounts to the member cities, leaving it to the individual cities to determine how to
allocate the funding. Chula Vista received a lump sum of $78,500 which City staff has
recommended allocating among three of the five events.
RECOMMENDATION: That Council adopt the resolution approving staffs recommended
funding allocation for the $78,500 received from the San Diego Unified Port District's Financial
Assistance Program for special events and programs for FY2002-03, appropriating $3,000 in
unanticipated revenue and amending the FY03 Budget.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
The Board of Port Commissioners approved funding of $78,500 to Chula Vista for special events
or programs at its July 2002 meeting, leaving it to the City to determine how the allocate the
funds. Listed below are the five events or projects requesting funds, along with the City staff
recommended funding allocation for FY2002-03, and the funding awarded by the Port in
FY2001-02.
FYOI-02 FY02-03 FY02-03 Staff
EventlProiect Requestor Award Request Recommendation
Celebrate Chula Vista* City of Chula Vista $ 48,500 $ 66,750 $ 48,500
Taste of the Arts Festival City of Chula Vista $ 12,000 $ 15,000 $ 15,000
Chula Vista Nature Center Exhibit** City of Chula Vista $ $ 25,000 $
Arturo Barrios Invitational 10k/5k Elite Racing, Inc. $ 15,000 $ 25,000 $ 15,000
San Diego Cajun-Zydeco Festival Festival Group, Inc. $ $ 10,000 $
TOTAL $ 75,500 $141,750 $ 78,500
*Celebrate Chula Vista combines Harbor Days ($26,000) and Summer Legacy Pops Concert ($22,500)
** Staff is recommending funding this item from Port CIP funds
;-1
Page 2, Item dz
Meeting Date 08/20/02
Staff recommends that the following events receive Port funding: Celebrate Chula Vista for
$48,500~, Taste of the Arts for $15,000, and Arturo Barrios Race for $15,000. The City's
FY2002-03 budget reflects anticipated Port revenue of $75,500 for these three events. The
budget includes $71,500 for Celebrate Chula Vista expenditures, with offsetting Port revenue of
$48,500. Taste of the Arts by the Bay is budgeted at $45,000, with $12,000 in Port revenue, and
Arturo Barrios race has been budgeted at $15,000 for Elite Racing, with the same amount in Port
revenue. Staff recommends allocating the remaining $3,000 to the Taste of the Arts event, which
had previously received $15,000 in Port revenue in FY1997-98 and FY1998-99.
Staff also recommends allocating $25,000 in funds for the Nature Center request from separate
Capital Improvement Project funds the Port is providing the City via a Memorandum of
Understanding that is tentatively scheduled to be considered by City Council on August 27.
Staff recommends no funding to the "Gator by the Bay" event as this event has succeeded
without Port funding, but with Port and City in-kind services and waivers of fees.
FISCAL IMPACT: The current City budget has estimated Port revenue of $75,500. Staff
recommends appropriating the additional $3,000 in Port funding to the Cultural Arts Community
Events budget based on unanticipated revenue, for a total of $78,500.
~ At its August 6, 2002 meeting, the City Council approved an agreement with the Chula Vista Chamber of
Commerce to provide $48,500 in financial assistance for the jointly sponsored Celebrate Chula Vista event.
RESOLUTION NO.2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING STAFF'S RECOMMENDED
FUNDING ALLOCATION FOR THE $78,500 RECEIVED
FROM THE SAN DIEGO UNIFIED PORT DISTRICT'S
FINANCIAL ASSISTANCE PROGRAM FOR SPECIAL
EVENTS AND PROGRAMS FOR FY2002-03,
APPROPRIATING $3,000 IN UNANTICIPATED REVENUE,
AND AMENDING THE FY03 BUDGET
WHEREAS, the San Diego Unified Port District (Port)
annually conducts a grant process to help member cities fund
special events, programs and projects, via its Financial Assistance
Program; and
WHEREAS, the Port received funding requests to help
partially fund five events or programs in Chula vista, three of
which were submitted by the City; and
WHEREAS, in the past, the Port has approved specific
funding for specific events in the various member cities, however,
this year, the Port granted lump sum amounts to the member cities,
leaving it to the individual cities to determine how to allocate
funding; and
WHEREAS, Chula Vista received a lump sum of $78,500 which
City staff has recommended allocating as follows:
· Celebrate Chula Vista:
· Taste of the Arts:
· Arturo Barrios Race:
$48,400
$15,000
$15,000
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve staff's recommended funding
allocation for the $78,500 received from the San Diego Unified Port
District's Financial Assistance Program for special events and
programs for FY2002-03.
1
~-3
BE IT FURTHER RESOLVED that the FY03 budget is amended by
appropriating $3,000 in unanticipated revenue.
Presented by
Approved as to form by
~~
David Palmer
Deputy City Manager
M. Kaheny
Attorney
J:\Attorney\Reso\Port Financial Assistance
2
p,¥
PAGE 1, ITEM NO.: ~!
MEETING DATE: 08/20/02
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY OF CHULA VISTA ALLOCATING AN
ADDITIONAL $5,000 IN CDBG FUNDS TO THE ECONOMIC
GARDENING PROGRAM
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L~-~
REVIEWED BY: CITY MANAGEI~
4/5THS VOTE: YES
BACKGROUND
On June 4, 2002, City Council approved the CDBG budget, which included $10,000 in funding for
the proposed Economic Gardening Program--a collaborative effort between the City and
Southwestern College. The original requested amount of $15,000 was based on cost estimates for
special GIS software and Business Analyst software upgrades in addition to wages for technical staff
and was matched by Southwestern College to ensure program quali~ and effectiveness.
The program is designed to assist Chula Vista growth-oriented businesses using GIS technology to
generate reports, maps and targeted marketing strategies in order to help them achieve their goals.
Both City and College staff will work with each company for a year, helping them develop
benchmarks and milestones in order to help them grow their business, expand their product line,
enter into a new market, increase their profit margin or sales volume, etc. The College will supply
technical staff that will work with the companies initially to determine eligibility, milestones, goals
and an implementation plan.
The implementation and success of this program will be determined by the staff's abili~/to deliver
the technical services originally estimated in the proposal that go beyond the resources that the City
or College can currently offer. Therefore, staff is seeking $5,000 to compensate for the shortage in
program funding, which will be appropriated from un-used CDBG funds in the High Tech / Bio Tech
Zone Development Impact Fee I~eduction Program.
RECOMMENDATION
Staff recommends that the City Council adopt the resolution to transfer $5000 from the
remaining FY02 CDBG funds in the High Tech/Bio Tech Zone Development Impact Fee Reduction
program and reprogram them for use in the Economic Gardening Program
PAGE 2, ITEM NO.:
MEETING DATE.- 08/20/02
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
The Economic Gardening Program is designed to assist Chula Vista Small Businesses that have
been identified as potential growth companies, by providing detailed research reports using GIS
(Geographic Information System) for the purpose of helping them grow their business through: a}
identification of new markets b) data analysis of current and potential customers or vendors c)
identification of competition d) identification of potential site~.f~)r expansion or relocation e) GIS
maps for visual analysis, mailing lists, and more. The nature of the research provided will be
based on the specific needs or requests from the business client and their ability to provide staff
with technical records and data collected on their clients, vendors and suppliers. The information
will be analyzed and used in conjunction with technical consulting assistance provided by the
SBDITC to determine the type of reports needed. Although some of these services are currently
being offered, they are fee based, outdated and the GIS software is in need of an upgrade with
more advanced technical data research programs. The $5,000 additional funding will help with
the software upgrades and staffing.
FISCAL IMPACT
FY02 funds in the existing High Tech/Bio Tech Zone Development Impact Fee Redudion program
that currently has on outstanding FY02 balance of approximately $8,200. The Development
Impact Fee Reduction program will not be negatively impacted as an additional $100K was
allocated to this program in the FY03 CDBG budget.
ATTACHMENTS
J:\COMMDEV~STAFF.REP~08-20-02~GENDA STATEMENT - COUNCIL - Economic Gardening.doc
CIIY OF
CHULA VISTA
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING APPLICATION FOR 2002-03
COVER SHEET
Program/Project Name: Small Business Development & International Trade Center/Economic
Gardening
Agency Name: Southwestern Community College District
Agency Address: 900 Otay Lakes Road, Chula Vista, CA 91910
Telephone Number: (619) 482-6391
Fax Number: (619) 482-6402
CEO/Executive Director: Serafin A. Zasueta, Ph.D., Superintendent/President
CFO/Financial Director: Mr. Ken Fite
Program Contact Person & Title: Shelly Bailey/Ken M. Clark
Telephone (if different than above): (619) 409-5888/(619) 482-6391
E-mail address: sbail~y@ci.chula-vista.ca.us / kmc@sbditc.org
Please include all of the following: [] Cover Sheet
[] Application
[] Work Plan
[] Budget
[] Complete list of alii current revenue sources
[] Articles of incorporation (only if this is a new funding request)
[] Authorization to request funds and to sign binding contracts (include a copy of the
minutes which the governing body's resolution, motion or other official action is recorded
APPLICATION DEADLINE IS JANUARY 14, 2002 at 5:00 p.m,
Community Development Department/Housing Division
430 Davidson Street, Suite B
Chula Vista, CA 91910
For questions contact Judith Atwood at (619) 691-5036 or via e-mail at jatwood@ci.chula-vista.ca.us
December 14, 2001
Community Development Block Grant Program
FY 2002-03 Funding Application Page 2
DO NOT REFORMAT THIS DOCUMENT OR IT WILL BE RETURNED!
December 14, 2001
Community Development Block Grant Program
FY 2002-03 Funding Application Page 3
APPLICATION
Instructions: Please complete the application in the space provided. Do Not attach additional sheets other than the
required documentation (an exception is made for the budget portion of the application). Applications must be computer
generated or typed. DO NOT REFORMAT THIS DOCUMENT ON YOUR COMPUTER OR IT WILL BE RETURNED. If
you would like an electronic version contact the Housing Division offices.
If your responses to the questions are not included on this application, it will be returned - No Exceptions.
I. Amount of 2002-03 CDBG funding requested? $ 15,000.00
2. Amount of 2000-01 funding received for this same program? $.__0
3. Number of years has your organization has received CDBG funding from Chula Vista: $___ n/a
4. Will this program be physically located in Chula Vista? If not, where is it located? Yes
5. Please complete the following:
A. Total Clients served and estimated to be served in:
2001-02 xxx
2002-03 xxx
B, Chula Vista residents served and estimated to be served in: (Not including Web pages)
2001-02 xxx % of Total Clients ~xxx
2002-03 xxx % of Total Clients xxx
C. Low-income clients served and estimated to be served in:
2001-02 xxx % of Total Clients xxx
2002- 03 xxx % of Total Clients ._.~x
Low Income Thresholds
$31,850 $36,400 $40,950 $45,500 $49,150
December 14, 2001
Community Development Block Grant Program
FY 2002.03 Funding Application Page 4
6. Of the three (3) national objectives for the CDBG program, please check the national objective your
organization meets.
× Benefit at least 51% Iow and moderate households
Elimination of slums and/or blight
National disaster
7. Describe the services you provide to your clients: The Small Business Development & International Trade
Center [SBDITC] will provide Chula Vista Small Businesses that have been identified as potential growth
companies, with detailed research reports using GIS (Geographic Information System) for the purpose of
helping them grew their business through: a) identification of new markets b) data analysis of current and
potential customers or vendors c) identification of competition d) identification of potential sites for expansion or
relocation e) GIS maps for visual analysis, mailing lists, and more. The nature of the reseamh provided will be
based on the specific needs or requests from the business client and will be used in conjunction with technical
consulting assistance provided by the SBDITC. Although these services are currently being offered, they are
fee based and their GIS software is in need of an upgrade and more advanced technical data reseamh
programs.
8. Please describe the target population and why this program should receive CDBG funding: The program
will assist Chula Vista smalJ or start-up businesses with a potential or desire to grow their business. The
majority of Chula Vista businesses are small companies, many of which have an enormous capacity for growth
in the global economy. Taking existing businesses and providing them with technical resources that go above
and beyond what local jurisdictions and service providers are able to offer in order to help them grow, is a
concept known as "Economic Gardening". This program was developed by Chds Gibbons, an economic
development professional in Littleton, Cororado and is being practiced successfully in many jurisdictions in
Califomia and nationally, including San Bemardino, Chico, Lake Ersinore, and Riverside in addition to Santa Fe,
New Mexico, Brush, Colorado; Nashua, New Hampshire; Joplin, Missouri; and Titusville, Florida. The effort in
California is being spearheaded by Uarlene Best, Assistant City Manager of Lake Elsinore, Todd Hooks of San
Bernardino, Michael Beck of the University of California, Riverside, and Dr. Lee Hansen of Califomia State
University, Riverside. Dr. Hansen refers to Economic Gardening as "Shifting govemment economic
development efforts from an emphasis on recruiting outside businesses to assisting local companies by creating
a more supportive environment for local start up and expansion." Although we will not be implementing the
entire program, we are incorporating the" technology" aspect of the program as a pilot to demonstrate how
effective this kind of support can be for emerging growth companies with the hope that eventually the City of
Chula Vista can utilize their existing GIS resources to assist businesses in a similar fashion. Technology has
transformed the business world to one of a global economy, where extremely smalr companies can be
competitive with other firms of all sizes the world over. The requested CDBG funding will enable us to expand
our current technical resources to help in this effort. Moreover, the funding provided to support this program will
read to job creation, increased tax revenues and international trade opportunities and will be an incentive for
both existing and start-up companies to expand their business.
December 14, 2001
Community Development Block Grant Program
FY 2002-03 Funding Application Page 5
9. Describe the specific program for which CDBG funds are being requested: The Southwestern College
Small Business Development and International Trade Center [SBDITC] is partially funded by the U.S. Small
Business Administration under Cooperative Agreement 7777-93-77700-43130, the State of California
Technology Trade and Commerce Agency, and California Community Colleges. The SBDITC has been
operating for 11 years serving the San Diego Region and is one of 24 Small Business Development Centers in
the state of Califomia and provides business assistance at no cost to the client.
The City of Chula Vista and Southwestern College will team up to implement this "Economic Gardening"
Program by upgrading existing technical resources, specifically the SBD}TC's GIS software and database and
gear their existing technical consulting services toward business development and expansion for Chula Vista
Small and emerging businesses. The majority of this technical assistance will be offered through the College's
Business Resource Center where business clients have access to GIS mapping the data reseamh in addition to
a variety of other business resoumes designed to help businesses. The Business Resoume Center hosts a
variety of computer based resoumes such as software programs, interactive training tools, data service
subscriptions, as well as a video tape and publication libraries. The program itself, will include a 4-step process
from the moment the client is referred to or is selected by the City of Chula Vista or SBDITC staff:
1. Business client will sign up with the SBDITC's technical consulting program
a. Analysis of company, assets, marketing plan and business plan (if they have one)
b. Assess company readiness to provide quality data or information for the analysis
c. Assistance with business plan or marketing plan
d. Financial analysis - will they need funding to expand or grow?
e. Establish a clear plan of action - with attainable goals - that the SBDC, City and business
can accomplish over a year with measurable results that can be documented
i. Increased annual sales volume
ii. Successful introduction of new product line
iii. Increased customer base
iv. Two or more new positions created
v. Introduction to new market (domestically or internationally)
vi. Physical expansion of operation or facility
vii. Expansion of market share
2. Recommendations on what reseamh and demographic data would be needed or helpful
a. Psychographics, socio-graphic, and demographic variables can be analyzed to provide and
accurate portrait of the environment for Chula Vista area businesses. See appendix for
sample reports potentially generated
b. Work with client to survey, collect, sample, profile data variables used in analysis
c. Access to Business Resource Center
3. If financial assistance is needed, SBDC will work with CDC Small Business Finance to help the
business apply for an SBA Loan or micro-loan
4. Business is tracked for a 6-month pedod and is then re-visited to ensure they are working toward their
goals. The City and SBDC will provide whatever assistance they can (as appropriate and within our
means) to ensure the successful completion of their business or marketing plan
The program will serve up to 20 clients over the course of a year and if needed, the City shall have access to
research reports and demographical data for business recruitment purposes.
December 14, 2001
Community Development Block Grant Program
FY 2002.03 Funding Application Page 6
10. Describe what the CDBG funds will be used for (salaries, wages, benefits, etc). What other sources of
funds does your organization use to leverage Chula Vista's CDBG dollars? The CDBG funds will be
used for contract consultants, student intems, GIS software upgrades, computer hardware and memory, related
supplies (toner cartridges, paper, office supplies), outreach (marketing/advertising), and subscription services
(data and printed products). In-kind contributions include staffing, equipment, software, facilities, technical
support, project management and general supplies. The Business Resoume Center is staffed using sarary and
wage budgets from other program sources (SBDITC) and utilization of student interns. Equipment upgrades are
made possible by using SBDITC and BEC program income accounts, targeted grants, and donations. Printed
materials and databases are updated as needed dictates using program income and donations. The U.S. SBA
Office of Business Initiatives periodically updates and upgrades the printed materials and computer. The
California Technology, Trade and Commerce Agency periodically provide special funds for special projects
when program augmentation dollars are available.
December 14, 2001
Community Development Block Grant Program
FY 2002-03 Funding Application Page 7
11. Has your organization met or exceeded the stated program objectives of the preceding year? If no, will
the program be redesigned to make the objectives obtainable for the new funding year? Whet methods
will be used to track or account for income levels, other demographic information and the evaluation of
the program to measure success? Since this is a new program, there is no documentation supporting this
program as described between the City and the SBDITC. The SBDITC and the Business Resoume Center both
have comprehensive client tracking and reporting systems. All clients are requested to fill-out basic contact
information and statistical data germane to our funding soumes including ethnicity, income, gender, and
authorization signature for the "scope of service". Once the client and the consulting entity agree on the
services to be provided they memorialize, indemnity and authorize services to be preformed. Client intake and
request for counseling forms are the major component of our MFS (Management Information System) used to
track client activity and report program milestones. The system tracks financing, job creation-retention, profit
improvement, government contracting activity, and many other valid outcomes of our consulting services.
12. If your application is a collaborative proposal, please identify the participating agencies and the amount
of funding requested by each agency. Also, describe the process of allocating CDBG funds between
each participating organization. This is a collaboration between Southwestern College and the City of Chula
Vista. The amount of CDBG funds requested is $15,000 to go to Southwestern College. Southwestern College
will be making an in-kind contribution for staff time. The CDC Small Business Finance Corp. will be a secondary
partner and will provide financial services if SBA lending is needed or requested. This will be offered to qualified
clients only. The CDC Small Business Finance Corp. may also provide an in-kind contribution of stafftime to
assist those businesses that request financial assistance and quality for SBA funding. Southwestern College
will bill the City of Chula Vista on a monthly basis for only those expenses that require monthly payments (i,e.
staff time hourly wages). All other expenses (i.e. data bases, software, etc.) will be billed to the City as they are
purchased and will be paid within 30 days of receipt.
December 14, 2001
Community Development Block Grant Program
FY 2002-03 Funding Application Page 8
December ~4, 2004
Community Development Block Grant Program
FY 2002.03 Funding Application Page 9
13. What types of fund-raising activities, if any, does your organization undertake to supplement your
budget and how much was raised during your organization's fiscal year? The Business Resoume Center
has little organized effort for fund-raising activities (though a plan is being created) but dudng our last fiscal year
U.S. Bank gave as $10,000 to increase capacity in general.
14. In the event your organization does not receive the requested amount of CDBG funding, how will this
impact your organization and its ability to offer services? If this application does not receive CDBG funding
the SBDITC clients will not be able to access the more sophisticated analysis made possible by the GIS
software. CDBG money would allow us to more fully utilize the power of the technology and programming
capabilities for more sophisticated reports and associated increased outcomes.
~15. Who will be providing the program services? Please describe the qualifications of key staff:
Southwestern College's SBDITC staff will provide the services. The names and qualifications are as follows:
Ken M. Clark, Small Business Programs Coordinator, SWC/SBDITC -Business Analyst and
DemographedStatistician; Luis Roddguez-Martinez, Business Information Specialist, SWC/BRC; Richard
Babcock, Principal, Profile Research, GIS Specialist; Lisa Carman, Principal, Carman/France GIS Information
Solutions; Casey Cook, Lecturer, SDSU/Mesa College, GIS Instruction and Training; Student interns from
SDSU/UCSD/USD, GIS proficient.
December 14, 2001
Community Development Block Grant Program
FY 2002-03 Funding Application Page 10
WORKPLAN
A. Please specify the key activities which will serve to meet your objectives and the dates you plan to
accomplish the activities. Key activities might include: Promoting the proiect and its activities to the target
population; Coordinating project participants and networking with other organizations or individuals.
B. Describe the process evaluation. Describe how the program will collect data and maintain records to track
program activities. Example: Documentation of program participation via sign-in sheets, meeting minutes
describing actions taken, files of news releases, letters demonstrating additional support for the project.
C. Describe the outcome evaluation. Descdbe how each objective (not activities) will be measured to determine
if it has been met. Example: interviews of key participants, policy or resource allocation changes, pre- and post-
test surveys of the target populations.
Goal Statement: To provide technical resources, reports, and research data to Chula Vista Business via GIS technology
that will enable them to expand their business; increase market share, sales volume, employee or customer base; help
them enter into a new market or develop a new product line.
Objective: Serve up to 20 Chula Vista small businesses over one year as part of a pilot program
1. Hold Economic Gardening presentation for small business service providing February, 2002
agencies
2. Set up business data tracking system with parameters for determining March, 2002
success/results.
3. Draft Letter of Understanding between City and Southwestem College outlining
roles and responsibilities April, 2002
4. Research vadous business data bases for installation on Geographic Information Apdl, 2002
System at SBDC Resource Center
December 14, 2OO1
Community Development Block Grant Program
FY 2002-03 Funding Application Page 11
May, 2002
5. Create marketing and promotional brochures and flyers
6. Market this new program to Chula Vista small businesses via various forms of June, 2002
media (i.e. newsletters, websites, marketing flyers, etc.)
7. Identify first 5 businesses and conduct site visits, assessing readiness to start June, 2002
analytical phase
December 14, 2001
Community Development Block Grant Program
FY 2002-03 Funding Application Page 12
Examples of Process and Outcome Evaluation:
Process Evaluation: 50 - 75 youth between the ages of 13 and 18 will be trained as tobacco education as tobacco
education leaders/mentors through a minimum of two six-hour training sessions (with 35-50 youth a~fending each
session) using the University of California's Project for Health curriculum.
Outcome Evaluation: 25 - 38 of the youth mentors will engage in a behavior or activity, in the community, at school or
home, to reduce exposure to tobacco, such as establishing a smoke-free home or vehicle for their family.
Process Evaluation: 15 - 20 smell businesses will be interviewed and if eligible, will participate in the Economic
Gardening program at Southwestern College. Participants will go through a four-step program (length of time spent with
eachclientwillvary)asnotedinpreviousprojectdescription. Theywillberequiredtosignaninformalagreementstating
that they will complete the process before they can receive the GIS technical assistance, which includes data research,
merketstudies, mailinglists, etc. Eachbusiness willbemonitoredoverthecourseofayearandwillbere-visitedaftersix
months and again at the end of the year to measure results and outcomes.
Outcome Evaluation: 15- 20 participants (small businesses) will receive technical consu/fing sen/ices, business and
financial assessments, market research, and any other technical data they may need to accomplish the goals they
establish as part of the Economic Gardening Program. Outcomes will be measured in terms of: I. Number ofjobs created
2. Percentage of sales volume increase
3. Percentage ofcustomerbase increase (i.e. newcontracts, clientele)
4. Number of new vendors identified
5. Increase in size of physical facility or operation
6. Creation of new program, sen/ices or products
7. Number ofjobs retained
8. Development of new trade relationship
9. Introduction of product into new market
10. Percentage of increased sales tax revenue
11. Percentage of incraased market share
December 14, 2001~'~/~7~
Community Development Block Grant Program
FY 2002-03 Funding Application Page 13
Documentation of achieved results will be used to determine program success and will determine whether or not to use
the City's GIS Technology to continue assisting small businesses.
Budget
Funding Source(s)
Please li~t each budget line item and the source of the funding. Include all program expenses, personnel costs and any
program income. Attach additional sheets, if necessary.
Program Expenses
1. Update ArcView program and pumhase 9,500.00 Basic 14,000.00
updated Business Analyst module v 1. la Software Platform
ArcView Ver.3.1
In-kinl
2.GIS Supplies 1,000.00 1,000.00
3. Updated Computer and monitor OR 3,000.00 5,000.000 Basic 8,000.00
Contract GIS Consultants Computer with
Laser Color Pdnter
In-kind
4. Project GIS Consultants, Business 3,000.00 2,000.00 SBDITC 5,000.00
Analyst and support Intems Consultants In-kind
5. Pumhase GIS Business Analyst Data 3,500.00 3,500.00 II
Maintenance and/or other related
business data
6. Facilities/parking/custodial 2,500.00 in-kin( 2,500.00 II
December 14, 2001
Community Development Block Grant Program
FY 2002-03 Funding Application Page
7
Personnel:
8. Ken M. Clark SBDITC Staff 7,500.00 in-kind 7,500.00
9. Luis Rodri~]uez-Martinez BRC Staff 3,000.00 in-kind 3,000.00
10. CDC Small Business Finance Staff 2,000.00 in-kind 2,000.00
11.
12.
Program Income:
13.
14.
15.
Total Costs $15,000.00 $31,500.00 in-kind $46,500.00
CDBG Cash
and In-kind
December 14, 2001
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ALLOCATING AN ADDITIONAL $5,000 IN CDBG FUNDS TO
THE ECONOMIC GARDENING PROGRAM
WHEREAS, the City of Chula Vista and the Southwestern College Small Business
Development and International Trade Center have applied for $15,000 in CDBG funding to support a
new program for growth-oriented businesses called Economic Gardening; and
WHEREAS, on June 4, 2002 Council approved partial funding of the Economic Gardening
program in the amount of $10,000; and
WHEREAS, the implementation of the Economic Gardening program was estimated to cost
approximately $15,000 and was to matched by Southwestern College; and
WHEREAS, in order to administer the program and deliver the original level of technical
assistance and to be able to pay for the necessary upgrades to the existing GIS system; and
WHEREAS, in order to help pay for additional technical staff that were hired to consult with
eligible businesses; and
WHEREAS, there are unused funds in the High-tech/Bio-Tech DIF program in the amount of
$8,200; and
WHEREAS, staff would like to request that Council reprogram the additional $5,000 from the
balance of CDBG funds in the High-tech/Bio Tech DIF Program in order to successfully administer
the program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby transfer $5,000 from the remaining FY02 CDBG funds in the High Tech/Bio Tech Zone
Development Impact Fee Reduction Program and reprogram them for use in the Economic
Gardening Program.
Presented by
Approved as to form by
&-~~
Chris Salomone
Director of Community Development
9-/7
COUNCIL AGENDA STATEMENT
Item
Meeting Date 8/20/02
ITEM TITLE: A. Resolution of the City Council of the City of
ChulaVista, California, adopting a boundary map showing the
boundaries of the territory proposed for inclusion in proposed
Community Facilities District No. 08M (Otay Ranch Village 6)
B. Resolution of the City Council of the City of
Chula Vista, California, declaring its intention to establish
Community Facilities District No. 08M (Otay Ranch Village 6)
and to authorize the levy of a special tax therein to finance certain
services
C. Resolution of the City Council of the City of
Chula Vista, California, ordering and directing the preparation of a
Community Facilities District Report for proposed Community
Facilities District No. 08M (Otay Ranch Village 6)
/
SUBMITTED BY: Director of Public Works /~
REVIEWED BY: City Manager ~
fie ~ (4/5ths Vote: Yes__ No X )
McMillin Otay Ranch and Otay Ranch Company have requested the City conduct proceedings to
consider the approval of the formation of Community Facilities District No. 08M (CFD No.
08M). The conditions of approval of the tentative map for Village 6 McMillin Otay Ranch and
Village 60tay Ranch Company require that said CFD be formed prior to issuance of the first
production home building permit. This district will fund the perpetual operation and
maintenance of slopes, medians and parkways and storm water treatment facilities associated
with Village 6. The City has retained the services of MuniFinancial as special tax consultant and
Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings.
Tonight's action will initiate the formal proceedings to consider the establishment of CFD No.
08M.
RECOMMENDATION: That Council:
1. Approve the Resolution adopting the boundary map for Community Facilities District
No. 08M,
2. Approve the Resolution declaring the intention to establish Community Facilities District
No. 08M and to levy a special tax to finance certain services, and
Page 2, Item ?0
Meeting Date 8/20/02
3. Approve the Resolution ordering and directing the preparation of the "Conmaunity
Facilities District Report" for Community Facilities District No. 08M,
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On January 13, 1998, Council adopted the "City of Chula Vista Statement of Goals and Policies
regarding the establishment of Community Facilities Districts" (the "Goals and Policies"). The
approval of this document ratified 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 districts, such as CFD No. 08M, are currently
excluded from the 2% maximum tax criterion set forth in the Goals and Policies.
On April 28, 1998, Council, acting under /ts 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: I) incorporate all maintenance
activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"), 2) include
certain maintenance activities not listed in the "Mello-Roos A~t" or the "I972 Act", and 3)
establish an operating reserve fund for open space districts.
CFD 08M will provide the necessary funding for the operation and maintenance of public
landscaping and storm water improvements serving Village 6(McMillin and Otay Ranch
Company) by levying an annual "special tax", which is collected from the property owners
within CFD 08M in conjunction with the property taxes. There is no direct cost to the City. Ali
expenses related to the district administration, including levying and collecting the special taxes,
are also funded from such special taxes.
The proposed CFD No. 08M is consistent with the above-mentioned Ordinance and the Goals
and Policies. In addition, staff has met with the developer to discuss their concerns, clarify the
intent of the Goals and Policies and Ordinance, and review the proposed special tax rates and the
methodology for the apportionment of the special taxes. All of the issues raised by the
developers have been discussed and solutions, satisfactory to all parties, have been incorporated
in the "Rate and Method of Apportionment" (the "RMA"). The RMA has also been modeled
after similar open space maintenance districts in the surrounding area.
Staff, the legal counsel, and the special tax consultant have reviewed the proposed RMA and
consider it ready for City Council approval.
Area of Benefit
The proposed boundaries of CFD No. 08M encompass parcels located within the Village 6. The
district will be divided into two Improvement Areas based on benefit and developer, one for
McMillin Otay Ranch and the other for the Otay Ranch Company. McMillin Otay Ranch LLC
owns approximately 75% of the property within Improvement Area No. 1. Otay Ranch Company
owns 100% of the property within Improvement Area No. 2. McMillin Otay Ranch is proposed
to contain approximately 482 single-family detached homes, 212 multi-family units, a private
Page 3, Item //0
Meeting Date 8/20/02
high school on approximately 38 acres and a Church on approximately 13.2 acres of Community
Purpose Facility ("CPF") property. Otay Ranch Company Village 6 is proposed to include
approximately 473 single-family detached residences, 887 multifamily traits, 2.9 acres of
commercial property, and 6.7 acres of CPF property. Staff has reviewed the proposed boundary
map and has found it acceptable and ready for approval by Council. A reduced copy of the map
is presented in Exhibit "C".
Description of the Improvements to be Maintained
The proposed CFD No. 08M will fund the operation and maintenance of the public landscaping
and storm water treatment improvements within Village 6. A complete list of such improvements
is presented in Exhibit "D".
Cost Estimate
The estimated annual budget for CFD No. 08M is approximately $731,095. This budget includes
a total of $629,787 for maintenance, $34,850 for CFD administration (prepahng reports, levying
and collecting taxes, public assistance, etc.) by the Engineering Division and an additional 10%
to fund an operating reserve. Staff (Public Works/Operations and Engineering) and
MuniFinancial have reviewed and approved the proposed budget. Exhibit "E" contains a detailed
annual budget for the district at buildout.
Proposed Special Tax
CFD 08M has four proposed categories of taxation, as follows:
· Residential Developed Parcels (Single Family and Multi-Family Residences) are taxed
based on the square footage of the structure.
· Commercial Parcels are taxed on the acreage of the parcel.
· The Final Mapped properties which include all single family residential parcels for which
a building permit has not been issued are taxed on acreage of the parcel.
· Vacant land (Other Taxable property) is taxed on acreage of the parcel.
· The Exempt Category includes all publicly owned parcels, Homeowner's Association
parcels, and CPF property owned by non-profit organizations.
Developed Parcels are those parcels for which a building permit has been issued. The proposed
maximum special tax rate in the RMA on ail Developed Parcels was determined by dividing the
estimated armual budget at buildout (plus an operating reserve allocation of 10% of the annual
budget) by the total estimated square footage of development at buildout (reduced by 15% to
avoid a possible revenue shortfall in the event that the actual square footage of development does
not meet the developer's current projections).
The proposed maximum special tax rate in the RMA on vacant land has been determined by
dividing the estimated annual budget at buildout (plus a reserve allocation of t0% of the annual
budget) by the estimated net lot acreage within the district.
Page 4, Item /tO
Meeting Date 8/20/02
Collection of Taxes
At the beginning of each fiscal year the City shall determine the amount of the Special Tax
Liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be
levied on the Residential Developed Parcels. If this pool of funds is not enough to fund the
Special Tax Liability, as may be the case in the early years of development, the district will levy
the special tax on the vacant land starting with Final Mapped Property. The buffer of having the
vacant land covering any portion of the Special Tax Liability not funded from special taxes
levied on Residential Developed Parcels will disappear once the area has been fully developed. If
the Special Tax Liability for any fiscal year is less than the maximum special tax authorized to
be levied on the Developed Parcels, the actual rate of the special taxes to be levied in that
specific year will be reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Method of
Apportionment (RMA) of Special Taxes": (See Exhibits "A" & "B" for full description of RMA)
The maximum special taxes rates shall be adjusted each year for inflation using a factor
equal to the increase, if any, of the annual change of the San Diego Consumer Price
Index.
· The Ordinance requires that the developer maintain the landscape improvements for the
minimum period of one year following their completion. During this period the District
will collect the special taxes with the purpose of building up a six months operating
reserve. The RMA provides that the annual budget for any year may include an amount
deemed necessary to maintain an adequate level of this operating reserve fund.
· The maximum special tax rates are based on the best estimate by the developer of the
square footage of residential development within CFD 08M (reduced by 15%). This
reduction in estimated total square footage of development has the net result of raising
the maximum special tax that can be levied on future residential parcels to avoid a
possible shortfall in special tax revenue in the event that the actual square footage of
development is less than the projected square footage on which the computation of the
special tax rates has been based. If the actual square footage of development meets or
exceeds the projections on which the special tax rates were based, the actual special tax
rate necessary to be levied annually to fund the Special Tax Liability may be less than the
authorized maximum special tax.
· The special tax formula provides that any cost due to delinquent special taxes on vacant
land shall be apportioned to the Improvement Area where the delinquent parcels are
located.
· The annual budget used to calculate the special tax rates are only the "best estimates" of
the cost of maintenance at buildout. There is always a risk that actual expenses in future
years may be higher than the total maximum collectable special taxes. This may result in
reduced levels of maintenance of landscaping, unless the property owners approve an
increase in the special tax rates (2/3 voter's approval is required), which is considered
Page 5, Item t/~~
Meeting Date 8/20/02
unlikely. Staff believes, however, that the proposed maximum special tax rates contain
enough of a cushion in the operating reserve, the inflation adjustment, and the assumed
reduction of total square footage of development to minimize the risk of future special tax
revenue shortfalls.
Proposed Maximum Special Taxes
The proposed maximum special tax rates for fiscal year 2002/03 for a typical dwelling unit
within Improvement Area No. 1 ofCFD 08M is as follows:
Unit Type with Average Square Footage McMillin Otay Ranch
Single Family Detached (Average Product Proposed: 2,778
Square Feet) $579.02 ($0.209/sf)
Multi-Family (Average Product Proposed: 1,345 SF)
$280.45
Vacant Land $3,586/Acre
Private High School/Church $3,586/Acre
The proposed maximum special tax rates for fiscal year 2002/03 for a typical dwelling unit
within Improvement Area No. 2 of CFD 08M is as follows:
Unit Type with Average Square Footage Otay Ranch Company
Single Family Detached (Average Product Proposed 2,130 $383.18 ($0.180/sf)
Square Feet)
Multi-Family (Average Product Proposed 1,350 Square $207.18
Feet)
Vacant Land $3,729/Acre
Commercial $3,729/Acre
The difference in tax rate per square foot between the two developer's Improvement Areas to
due almost entirely to the difference in the cost of maintenance of the different types of public
improvements selected by the developers.
Resolutions
There are three resolutions on today's agenda, which, if adopted, will accomplish the following:
The RESOLUTION ADOPT1NG THE BOUNDARY MAP is the formal action adopting the
map and setting forth the boundaries of the proposed Community Facilities District No. 08M.
The RESOLUTION OF INTENTION is the .jurisdictional resolution declaring the intention of
the City Council to establish the proposed Community Facilities District No. 08M, authorize the
levy of a Special Tax, and set the time and place for the public hearing.
The RESOLUTION ORDERING THE PREPARATION OF THE "COMMUNITY
FACILITIES DISTRICT REPORT" is the formal action of the City Council directing the
Page 6, Item
Meeting Date 8/20/02
preparation of a detailed report containing a description of the services and its estimated cost for
the proposed Community Facilities District No. 08M.
Future Actions
The public hearing and consideration of the adoption of a resolution forming and establishing
CFD No. 0SM, and submitting the -authorization for the levy of special taxes to the qualified
electors are scheduled for the City Council meeting of October 1, 2002 at 6:00 P.M.
FISCAL IMPACT: All costs of formation of the district are being borne by the developers and
the on-going administration will be funded entirely by the district. The City will receive the
benefit of full cost recovering for staff cost involved in the following activities: 1) District
formation (Staff cost estimated at $50,000, and 2) district administration in perpetuity (estimated
annual staff cost each year is $23,850 and an additional $11,000 for the contractual
administration for the Engineering Division.)
Exhibits: "A" Rate and Method of Apportionment for Improvement Area No. 1
"B" Rate and Method of Apportionment for Improvement Area No. 2
"C" Boundary Map
"D" List of Public Facilities to be maintained
"E" Annual Budget
J:\engineer\aGENDA\CFD08M-ROI.doc
Exhibit "A'
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 08M
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 1
(Otay Ranch Village 6)
A Special Tax of Community Facilities District No. 08M (Otay Ranch Village 6) of the City of Chula
Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area No. 1 of the CFD and
collected each Fiscal Year commencing in Fiscal Year 2002-03 in an amount determined through the
application of the rate and method of apportionment of the Special Tax set forth below. All of the
real property in the CFD, unless exempted by law or by the provisions here6f, shall be taxed for the
purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by 43,560.
"Act" means the Mello-Roos Community FacKides Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of Califomi~
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, incinding salaries of City employees and a proportionate amount of
the City's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the admiuistradon of the CFD; the costs of
collecting installments of the Special Taxes; and any other costs required to administer IA
No. 1 of 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 Assessor of the County designating
parcels by assessor's parcel number.
"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
Spedal Taxes.
"CFD" means Community Facilities District No. 08M of the City of Chula Vista.
City of Chula Vista 8/9/2002
CFD 0SM, I/~1 Village 6 (McMilliu) Page I
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or b_is or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose FaciJ_ity Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Counc'fl of the City of Chula Vista, acting as the legislative body
of the CFD.
"County" means the County of San Diego, Califomia~
"Developed Property" means all Taxable Property for which a building permit was issued
after January 1, 2002, but prior to the March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Final Map Propen'y" means a single family residential lot created by a Final Subdivision
Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating single family residential
buiJdable 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 condominium plan pursuant to California Civil Code 1352, that creates individual lots for
which building permits may be issued without further subdivision and is recorded prior to
March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July i and ending on the following June 30.
"Improvement Area No. 1" or "IA No. 1" means Improvement Area No. 1 of the CFI),
as identified on the boundary map for the CFD.
"Land Use Class" means any of the classes listed in Table 1 or Table 2.
"Landscape Maintenance" means the labor, material, admirfistrafion, personnel,
equipment and utilities necessary to maintain landscaped improvements within the public
right-of-ways, parkways, sIopes, wedands and other public easements throughout the CFD.
"Landscape Maintenance Requirement" means, for any Fiscal Year in wttich Specie]
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to IA No. 1 for such Fiscal Year.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
City of Chula Vista 8/9/2002
CFD 08M, IAI Village 6 (McMillitO Page 2
"Multi-Family Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for a residential structure consisting of two or more
residential units that share common walls, inducing, but not limited to, duplexes, triplexes,
townhomes, condominiums, and apartment units.
"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. Including lot S-2 and CPF-2.
"Operating Fund" means a fund that shall be maintained for IA No. 1 for each Fiscal Year
to pay for Landscape Maintenance and Storm Water Quality Maintenance and
Administrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance
Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property, Final Map Property, or Taxable Property Owners Association
Property.
"Property Owner Association Property" means any property within the boundaries IA
No. 1 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.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property withLn each
Land Use Class.
"Public Property" means any property within the boundaries of IA No. 1 of the CFD that
is, at the time of the CFD formation, expected to be used for any public purpose and is
owned by or dedicated to the federal government, the State, the County, the City or any
other public agency.
"Reserve Fund" means a fund that shall be maintained for IA No. 1 for each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Spedal Tax levies.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling unit.
CiO' of Chula Vista 8/9/2002
CFD 08M, IAI Village 6 (McMillbO Page 3
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in IA No. ! to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for IA No. I
to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water Quality
Maintenance Requirement; ('zii) pay reasonable Administrative Expenses; (iv) pay any
amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"Square Foot" means the square footage as shown on an Assessor's Parcel's building
permit of Residential Property or Multi-Family Property, excluding garages or other
structures not used as living space.
"State" means the State of California.
"Storm Water Quality Maintenance" means the maintenance of detention basins, storm
drains, catch basin inserts, hydrodynamic devices, infiltration basins, and ali other facilities
that are directly related to storm water quality control throughout IA No. 1.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount
equal to the budgeted costs for Storm Water QualityMaS_ntenance applicable to IA No. 1 for
the current Fiscal Year in which Spedal Taxes are levied.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 1
of the CFD that are not exempt from the Spedal Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, or ('~i) Property Owner Assodadon Property,
or (iii) Assessor's Parcels with public or utility easements making impractical their utilization
for other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Assodadon Property
which is not exempt from the Spedal Tax pursuant to Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within IA No. I of the
CFD shall be dassifled as Developed Property, Final Map Property or Undeveloped
Property, and shall be subject to Spedal Taxes pursuant to Secdons C and D below.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1.
Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2.
Ci0' of Chula Vista 8/9/2002
CFD 08M, 1211 Village 6 (McMilli~O Page 4
C. MAXI UM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 0SM
Improvement Area No. 1
Land Storm Maximum
Use Description Landscape Water Quality Special Tax
Class Maintenance Maintenance
1 Residential Property $0.170 per Sq Ft $0.038 per Sq Ft $0.208 per Sq Ft
2 Multi-Family Property $0.170 per Sq Ft $0.038 per Sq Ft $0.208 per Sq Ft
3 Non-Residential Property $2,926.95 per Acre $659.35 perAcre $3,586.30 per Acre
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maximum Special Tax that may be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be
levied on all Land Use Classes located on that Assessor's Parcel. The CFD
Administrator's shall determine the allocation to each Land Use Class.
City of Chula Vista 8/9/2002
CFD 08M, IAI Village 6 (McMillin) Page 5
2. Undeveloped Property
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 08M
Improvement Area No. 1
Land Landscape Storm Maximum
Use Description Maintenance Water Quality Special Tax
Class Maintenance
4 Final Map Property $2,926.95 per Acre $659.35 per Acre $3,586.30 per Acre
5 Other Taxable Properv/ $2,926.95 per Acre $659.35 per Acre $3,586.30 per Acre
6 Taxable Property Owner $2,926.95 per Acre $659.35 per Acre $3,586.30 per Acre
Association Property
3. Annum Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in IA No. 1 shall be increased each Fiscal Year beginning in Fiscal
Year 2003-04 and thereafter by a factor equal to the annual percentage change in the
San Diego Metropolitan Area All Urban Consumer Price Index (Ail Items).
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2002-03, and for each following Fiscal Year, the Council shall
levy the IA No. 1 Special Tax at the rates established pursuant to steps 1 tkrough 4 below so
that the amount of the Special Tax levied equals the Special Tax Requirement. The Special
Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional mordes are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for
Final Map Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for
Other Taxable Property;
City of Chula Vista 8/9/2002
CFD 08M, IAI Village 6 (McMillin) Page 6
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, the Special Tax shall be levied proportionately on each
Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the
Maximum Special Tax for Taxable Property Owner Association Property.
Notwithstanding the above, under no circmnstances will the Spedal Tax levied against any
Assessor's Parcel of Residential Property or Muld-Farnlly Property for which an occupancy
permit for private residential use has been issued be increased by more than ten percent
annually up to the Maximum Spedal Tax as a consequence of delinquency or default by the
owner of any other Assessor's Parcel within IA No. 1 of the CFD.
E. EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as
Public Property, and C~i) Assessor's Parcels with public or utility easements making
impractical their urilbadon for other than the purposes set forth in the easement.
The CFD Admi2istrator shall classify as exempt property those Assessor's Parcels defined as
Property Owner's Association Property provided that no such classification would reduce
the sum of ail taxable Property to less than 128.11 Acres. Assessor's Parcels defined as
Property Owner Association Property that cannot be classified as exempt property will be
classified as Taxable Property Owner Association Property and shall be taxed as part of the
fourth step in Section D.
The CFD Administrator will assign Tax-Exempt status in the chronological order in which
property becomes exempt.
F. APPEALS
Any landowner or resident who pays the Special Tax and believes 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 may amend the amount of the
Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any
by the CFD Administrator, the landowner or resident believes such error still exists, such
person may file a written notice with the City Clerk of the City appealing the amount of the
Special Tax levied on such Assessor's Parcel. Upon the receipt of any such nodce, the City
Clerk shall forward a copy of such notice to the City Manager who shall establish as part of
the proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the
annual admi2istration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons.
City of Chula Vista 8/9/2002
CFD 08M, IAI Village 6 (McMillbO Page 7
la -i3
G. MANNER OF COLLECTION
Special Taxes levied pursuant to Secdon D above shall be collected in the same manner and
at the same time as ordinary ad zvJor~n property taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time
or in a different mariner if necessary to meet the financial obligations of IA No. 1 of the
CFD or as otherwise determined appropriate by the CFD Administrator.
H. TERM OF SPECIAL TAX
Taxable Property in IA No. ! of the CFD shall remain subject to the Special Tax in perpetuity.
J:\EnglneerLLANDDEV\CFD's\Village 6 - MaintenanceXd~vLA McMillin IA1 for ROI.doc
CiO, of Chula Vista 8/9/2002
CFD 08M, IAI Village 6 (McMillitO Page 8
Exhibit "B"
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 08M
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 2
(Otay Ranch Village 6)
A Special Tax of Community Facilities District No. 08M (Village 6) of the City of Chula Vista
("CFD") shall be levied on all Assessor's Parcels in Improvement Area No. 2 of the CFD and
collected each Fiscal Year commencing in Fiscal Year 2002-03 in an amount determined through the
application of the rate and method of apportionment of the Special Tax set forth below. All of the
real property in the CFD, 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. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. 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, Part 1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate amount of
the City's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the administration of the CFI); the costs of
collecting installments of the Special Taxes; and any other costs required to administer IA
No. 2 of 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 Assessor of the County designating
parcels by assessor's parcel number.
"CFD Administrator" means an official of the CSty, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 08M of the City of Chula Vista.
City of Chula Vista 8/12/2002
CFD 08M, 1/t2 Village 6 (Otay Rattch Co.) Page I
"City" means the City of Chula Vista.
"City Clerk" means the City' Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Faci!_ity Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a btfilding permit was issued
after January 1, 2002, but prior to the March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Final Map Property" means a single family residential lot created by a Final Subdivision
Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating single family residential
buiJdable lots by recordation of a f'mal subdivision map or parcel map pursuant to the
Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of
a condominium plan pursuant to California Civil Code 1352, that creates individual lots for
which building permits may be issued without further subdivision and is recorded prior to
March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the foilowing June 30.
"Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of the CFD,
as identified on the boundary map for the CFD.
"Land Use Class" means any of the classes listed in Table 1 or Table 2.
"Landscape Maintenance" means the labor, material, admir~stration, personnel,
equipment and utilities necessary to maintain landscaped improvements within the public
right-of-ways, parkways, slopes, wetlands and other public easements throughout the CFD.
"Landscape Maintenance Requirement" means, for any Fiscal Year in which Special
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to IA No. 2 for such Fiscal Year.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
City of Chula Vista 8/12/2002
CFD 08M, IA2 Village 6 (Otay Ranch Co.) Page 2
"Multi-Family Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for a residential structure consisting of two or more
residential units that share common walls, induding, but not limited to, duplexes, triplexes,
townhomes, condominiums, and apartment units.
"Non-Residential Proper~y" 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.
"Operating Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year
to pay for Landscape Maintenance and Storm Water Quality Maintenance and
Administrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance
Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property, Final Map Property, or Taxable Property Owners Association
Property.
"Property Owner Association Property" means any property within the boundaries IA
No. 2 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.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maximum Special Tax is equal for a]l Assessor's Parcels of Taxable Property within each
Land Use Class.
"Public Property" means any property within the boundaries of IA No. 2 of the CFD that
is, at the time of the CFD formation, expected to be used for any public purpose and is
owned by or dedicated to the federal government, the State, the County, the City or any
other public agency.
"Reserve Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Proper~¢" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling unit.
City of Chula Vista 8/12/2002 "
CFD 08M, IA2 Village 6 (Otay Ranch Co.) Page 3
?o
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in IA No. 2 to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for IA No. 2
to: (a) (i) pay the Landscape Maintenance Requirement; ~'~i) pay the Storm Water Quality
Maintenance Requirement; ('gi) pay reasonable Administrative Expenses; (iv) pay any
amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Yea~, less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"Square Foot" means the square footage as shown on an Assessor's Parcel's building
permit of Residential Property or Multi-Family Propert3~, excluding garages or other
structures not used as living space.
"State" means the State of Califomia~
"Storm Water Quality Maintenance" means the maintenance of detention basins, storm
drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities
that are directly related to storm water quality control throughout IA No. 2.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount
equal to the budgeted costs for Storm Water QualityMaintenance applicable to IA No. 2 for
the currem Fiscal Year in which Special Taxes are levied.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 2
of the CFD that are not exempt from the Spedal Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Spedal Tax. Tax-
Exempt Property includes: (i) Public Property, or (ii1 Property Owner Association Properg~,
or ('fii) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a
non-profit organization and has provided proof to the City prior to the March 1st preceding
the Fiscal Year in which the Special Tax is being levied of the organization's non-profit
status, or (v) Assessor's Parcels with public or utility easements making impractical their
uriliTatlon for other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means ail Association Property which
is not exempt from the Special Tax pursuant to Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
CiO, of Chula Vista 8/12/2002
CFD 08M, 1/12 Village 6 (Otay Ranch Co.) Page 4
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within IA No. 2 of the
CFD shall be classified as Developed Property, Final Map Property or Undeveloped
Property, and shall be subject to Spedal Taxes pursuant to Sections C and D below.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1.
Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2.
Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E
below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as
Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other
Taxable Property.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 08M
Improvement Area No. 2
Land ] Storm Maximum
Use Description Landscape Water Quality Special Tax
Class Maintenance Maintenance
1 Residential Property $0.168 per Sq Ft $0.012 per Sq Ft $0.180 per Sq Ft
2 Multi-Family Property $0.168 per Sq Ft $0.012 per Sq Ft $0.180 per Sq Ft
3 Non-Residential Property $3,475.96 per Acre $251.35 per Acre $3,727.31 per Acre
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maximum Special Tax that may be levied on such an
Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be
levied on all Land Use Classes located on that Assessor's Parcel. The CFD
Adrnirfistrator's shall determine the allocation ro each Land Use Class.
2. Undeveloped Property
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 08M
Improvement Area No. 2
I Land I I Landscape I Storm I Maximum I
City of Chula l~sta 8/12/2002
CFD 08M, 1,t2 Village 6 (Otay Ranch Co.) Page 5
Use Description Maintenance Water Quality Special Tax
Class Ma'mtenance
4 Final Map Property $3,475.96 per Acre $251.35 per Acre $3,727.31 per Acre
5 Other Taxable Property $3,475.96 per Acre $251.35 per Acre $3,727.31 per Acre
6 Taxable Property Owner $3,475.96 per Acre $251.35 per Acre $3,727.31 per Acre
Association Property
3. Annual Escalation of Maximum Special Ti~x
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in IA No. 2 shall be increased each Fiscal Year beginning in Fiscal
Year 2004-05 and thereafter by a factor equal to the annual percentage change in the
San Diego Metropolitan Area All Urban Consumer Price Index (All Items).
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-04, and for each following Fiscal Year, the Council shall
levy the IA No. 2 Special Tax at the rates established pursuant to steps 1 through 4 betow so
that the amount of the Special Tax levied equals the Special Tax Requirement. The Special
Tax shag be levied each Fiscal Year as follows:
First: The Special Tax shag be levied proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shag be levied Proportionately on each
Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for
Final Map Property;
Third: if additional monies are needed to satisfy the Special Tax Requlremem after the first
two steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for
Other Taxable Property;
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, the Special Tax shall be levied proportionately on each
Assessor's Pavcei of Taxable Property Owner Association Pr6perty at up to 100% of the
applicable Max~aum Special Tax for Taxable Property Owner Assodation Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property or Multi-Fami]y Property for which an occupancy
permit for private residential use has been issued be increased by more than ten percent
annually up to the Maximum Spedal Tax as a consequence of delinquency or default by the
owner of any other Assessor's Parcel within Lh No. 2 of the CFD.
City of Chula Vista 8/12/2002
CFD 0SM, IA2 Village 6 (Otay Ranch Co.) Page 6
E. EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as
Public Property, Cfi) Assessor's Parcels defined as Community Purpose Facility Property that
are owned by a non-profit organization which has provided proof to the C, ty prior to the
March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization's non-profit status, and ('~ii) Assessor's Parcels with public or utility easements
making impractical their utilivation for other than the purposes set forth in the easement.
The CFD Administrator shall classify as exempt property those Assessor's Parcels defmed as
Property Owner's Association Property provided that no such classification would reduce
the sum of all taxable Property to less than 124.90 Acres. Assessor's Parcels defined as
Property Owner Association Property that cannot be classified as exempt property will be
classified as Taxable Property Owner Association Property and shall be taxed as part of the
fourth step in Section D.
The CFD Administrator will assign Tax-Exempt status in the chronological order in which
property becomes exempt.
F. APPEALS
Any landowner or resident who pays the Special Tax and believes 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 may amend the amount of the
Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any
by the CFD Administrator, the landowner or resident believes such error still exists, such
person may file a written notice with the City Clerk of the City appealing the amount of the
Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City
Clerk shall forward a copy of such notice to the City Manager who shall establish as part of
the proceedings and administration of the CFD, a special three-member Review./Appeal
Committee. The Review/Appeal Comm/ttee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the
annual admirfistration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons. IA No. 2
G. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad va/oran property taxes; provided, however, that the CFD
Adrrfinistrator may directly bill the Special Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the finandal obligations of IA No. 2 of the
CFD or as otherwise determined appropriate by the CFD Administrator.
City of Chula Vista 8/12/2002
CFD 08M, IA2 Village 6 (Otay Ranch Co.) Page 7
/o-
H. TERM OF SPECIAL TAX
Taxable Property in IA No. 2 of the CFD shall remain subject to the Special Tax in perpetuity.
J:\EnglneerkLANDDEV\CFD's\Village 6 - MaintenancekRMA Otay Ranch IA2 for ROI.doc
City of Chula Vista 8/12/2002
CFD 08M, IA2 Village 6 (Otay Ranch Co.) Page 8
/0
EXHIBIT "D"
Community Facilities District No. 08M (Village 6 McMillin Otay Ranch
and Otay Ranch Company)
City of Chula Vista, California
LIST OF AUTHORIZED FACILITIES AND SERVICES
Improvement Area No. 1 (McMillin Otay Ranch)
Landscaping Maintenance
Olympic Parkway (Between La Media Road and Neighborhood R-7a) · Medians - Prorata share not to exceed 50%
· South side of parkway
· Tr~s
· Slopes
La Media Road (Between Santa Venetia Street to Olympic Parkway) · Medians - Prorata share not to exceed 50%
· East side of parkway
· Trails
· Slopes
Birch Road (Between La Media and SR 125) · Medians - Prorata share not to exceed 50%
· North side of parkway
· TraiJs
· Slopes
Magdalena Avenue · Me&ans - (All between Birch Road to Neighborhood
· South side of parkway between Birch Road and Neighborhood R-6
· North side of parkway along frontage of Neighborhood R-4 to approximatdy 300'
east of Santa Venetia Street, induding Village Pathway and lighting.
Santa Venetia Street · Medians - Prorata share of 500' median east of La Media Road
· North side of parkway between La Media Road ~md Magdalena Avenue, including
Village pathway and lighting.
· South side o£ parkway along frontage of Neighborhood R-4 to Magdalena
Pedestrian Bridges · Prorata share of bridge between~ Village Six and Village Five
· Prorata share of bridge between Village Six and VRiage Two
EXHIBIT "D"
Community Facilities District No. 08M (Village 6 McMillin Otay Ranch
and Otay Ranch Company)
City of Chula Vista, California
LIST OF AUTHORIZED FACILITIES AND SERVICES
Storm Water Quality Maintenance · Poggi Canyon Detention Basin (Prorata share)
· Poggi Canyon Channel (Prorata share)
Stormwater quality maintenance facilities - internal
FacRides directly related to removal of contaminants and solids from storm water
throughout the Improvement Area including but not limited to storm &ains, catch basin
inserts, hy&odynamic devices, infiltration basins, and similar facilities.
Perimeter Walls & Fencing
· Perimeter walls within perLmeter slopes adjacent to Olympic Parkway
· Perimeter walls within perimeter slopes adjacent to La Media
· Perimeter walls within perimeter slopes adjacent to Magdalena Road
Improvement Area No. 2 (Otay Ranch Company)
O~mapic Parkway (Between Neighborhood R-7a and SR 125) · Medians - Prorata share not to exceed 50%
· South side of parkway
· Trails
· Slopes
La Media Road (Between Santa Veneda Street and Birch Road) · Medians - Prorata share not to exceed 50%
· East side of parkway
· Trails
· Slopes
Birch Road (Between La Media and Magdalena Avenue) · Medians - Prorata share not to exceed 50%
· North side of parkway
· Trails
· Slopes
EXHIBIT "D"
Community Facilities District No. 08M (Village 6 McMillin Otay Ranch
and Otay Ranch Company)
City of Chula Vista, California
LIST OF AUTHORIZED FACILITIES AND SERVICES
East Palomar Street · Medians - (All between Olympic Parkway and Magdalena Avenue)
· North and south side of parkway between Olympic Parkway and Magdalena Avenue
· Slopes
Magdalena Avenue
· North side of parkway between Birch Road and Neighborhood R-4 and from East
Palomar Street to approximately 300' east of Santa Veneda Street
Santa Venetia Street · Medians - Prorata share from La Media Road to Neighborhood R-4
· South side of parkway from La Media Road to Neighborhood R-4
Pedestrian Bridges · Prorata share of bridge between Village Six and Village Five
· Prorata share of bridge between ViJlage Six and Village Two
Storm Water Quality Maintenance
· Poggi Canyon Detention Basin O°rorata share)
· Poggi Canyon Channel (Prorata share
Facilities directly related to removal of contaminants and solids from storm water
throughout the Improvement Area including storm &alns, catch basin inserts, hy&odynamic
devices, fdtradon basins, and similar facilldes.
Perimeter Walls
· Perimeter walls within per miter slopes adjacent to Olympic Parkway
· Perimeter walls within perimeter slopes adjacent to La Media
· Perimeter walls within perimeter slopes adjacent to Birch Road
EXHIBIT "D"
Community Facilities District No. 08M (Village 6 McMillin Otay Ranch
and Otay Ranch Company)
City of Chula Vista, California
LIST OF AUTHORIZED FACILITIES AND SERVICES
SUBSTITUTION OF FACIL1TES
The description of the Facilities and Services, as set forth above, is general in its nature. The
f'mal nature and location of the Facilities and Services will be determined upon the
preparation of final plans and specifications. The final plans may show substitutes in lleu of,
or modification to, the proposed Facilities and Services in order to provide the public
facilities necessitated by development occurring in the District, and any such substitution
shall not be a change or modification in the proceedings as long as such substitute facilities
and services serve a function or provide a service substantially similar to that ftmcdon served
or the service provided by the Fac'tildes and Service described above.
J:\Engineer\LPuNDDEV\CFD's\village 6 - Maimenance\EKH~BIT D- Lmprovements for ROI Al13 8-6-02doc.doc
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RESOLUTION NO, 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE
TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY
FACILITIES DISTRICT NO, 08M (OT A Y RANCH VILLAGE 6)
WHEREAS, the City Council of the City of Chula Vista, California, desires to initiate
proceedings to create a Community Facilities District and to designate improvement areas
therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of
1982", being Chapter 2,5, Part I, 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 designated as Community Facilities District
No, 08M (Otay Ranch Village 6) ("District"); and,
WHEREAS, there has been submitted a map showing the boundaries of the territory
proposed to be included in the District and in each of the improvement areas proposed to be
designated therein which territory includes the properties and parcels of land proposed to be
subject to the levy of special taxes by the District for each such improvement area,
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION I, The above recitals are all true and correct.
SECTION 2, The map designated as "Boundaries Of Community Facilities District No,
08M (Otay Ranch Village 6)" showing the showing the boundaries of the territory proposed to
be included in the District and in each of the improvement areas proposed to be designated
therein which territory includes the properties and parcels of land proposed to be subject to the
levy of a special tax by the District for each such improvement area,
SECTION 3, Acertificate shall be endorsed on the original and on at least one (1) copy
of the map of the District, evidencing the date and adoption of this Resolution, and within fifteen
(15) days after the adoption of the Resolution fixing the time and place of the hearing on the
formation of such District, a copy of such map shall be filed with the correct and proper
endorsements thereon with the County Recorder, all in the manner and form provided for in
Sections 3110 and 3111 of the Streets and Highways Code ofthe State of California,
/0 ~:3/
Presented by:
John p, Lippitt
Director of Public Works
J:/attorney/rcso/cfd 08M( 1)
Approved as to form by:
~4
Jo ' Kaheny
, Attorney
/0 - 3~
cJ
RESOLUTION NO, 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES
DISTRICT NO, 08M (OT A Y RANCH VILLAGE 6) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN
SERVICES
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), desires to initiate proceedings to create a Community Facilities District and to
designate two improvement areas therein 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. 08M (Otay Ranch Village 6) (the "District") and the
improvement areas shall hereinafter be referred to as Improvement Area No, 1 and Improvement
Area No, 2 (each, an "Improvement Area" and collectively, an "Improvement Area"); and,
WHEREAS, this City Council is now required to proceed to adopt its Resolution of
Intention to initiate the proceedings for the establishment of such District, to set forth the
boundaries for such District and the Improvement Areas therein, to indicate the type of public
services to be financed by such District, to indicate a rate and method of apportionment of
special taxes proposed to be levied within each Improvement Area sufficient to finance such
services for and within each such Improvement Area, to set a time and place for a public hearing
relating to the establishment of such District and the designation of the Improvement Areas.
WHEREAS, a map of such District has been submitted showing the boundaries of the
territory proposed to be included in the District and in each of the Improvement Areas which
territory includes the properties and parcels of land proposed to be subject to the levy of a special
tax by the District for each such improvement area
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. Recitals, The above recitals are all true and correct.
SECTION 2. Initiation of Proceedings, These proceedings are initiated by this City
Council pursuant to the provisions of the Community Facilities District Law,
SECTION 3. Boundaries of District and The Improvement Areas. It is the intention of
this City Council to establish the Community Facilities District and to designate the
Improvement Areas therein pursuant to the provisions of the Community Facilities District Law,
and to determine the boundaries and parcels on which special taxes may be levied to finance
certain services, A description of the boundaries of the territory proposed for inclusion in the
1
/ () -..:i3
---,_.,--~--
District and each Improvement Area therein including properties and parcels of land proposed to
be subject to the levy of a special tax by the District is as follows:
All that property as shown on a map as previously approved by this City Council,
such map designated by the name of this Community Facilities District, a copy of
which is on file in the Office of the City Clerk and shall remain open for public
inspection,
SECTION 4. Name of District and Improvement Areas. The proposed Community
Facilities District shall be known and designated as "Community Facilities District No, 08M
(Otay Ranch Village 6)," The Improvement Areas within the District shall be known and
designated as "Improvement Area No.1" and "Improvement Area No.2,"
SECTION 5. Description of Services. It is the intention of this City Council to finance
certain services that are in addition to those provided in or required for the territory within the
District and will not be replacing services already available, A general description of the
services to be provided is as follows:
The maintenance of (a) landscaped areas within the public rights-of-ways and
other public easements throughout the District and (b) facilities that are directly
related to storm water quality control throughout the District.
Such maintenance shall include, but not be limited to, the provision of all labor, material,
administration, personnel, equipment and utilities necessary to maintain such landscaped areas
and such storm water quality control facilities,
SECTION 6. Special Tax, It is hereby further proposed that, except where funds are
otherwise available, a special tax sufficient to pay for such services 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 each Improvement Area of the District,
will be levied annually within the boundaries of each such Improvement Area. Under no
circumstances will the special tax authorized to be levied within an Improvement Area be
increased as a consequence of delinquency or default by the owner of any other parcel or parcels
used for private residential purposes and located within such Improvement Area by more than 10
percent. For further particulars as to the rate and method of apportiomnent of the special tax
proposed to be levied within Improvement Area No.1, reference is made to the attached and
incorporated Exhibit "A", which sets forth in sufficient detail the method of apportiomnent to
allow each landowner or resident within such Improvement Area to clearly estimate the
maximum amount that such person will have to pay for such services, For further particulars as
to the rate and method of apportiomnent of the special tax proposed to be levied within
Improvement Area No, 2, reference is made to the attached and incorporated Exhibit "B", which
sets forth in sufficient detail the method of apportiomnent to allow each landowner or resident
within such Improvement Area to clearly estimate the maximum amount that such person will
have to pay for such services,
2
/ò ·31
The special taxes herein authorized, 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, Any special taxes that
may not be collected on the County tax roll shall be collected through a direct billing procedure
by the Treasurer.
SECTION 7, Public Hearing. Notice is given that on the 1st day of October, 2002, at the
hour of 4 o'clock p.m" in the regular meeting place of the City Council being the Council
Chambers, located at 276 4th Avenue, Chula Vista, California, a public hearing will be held
where this City Council will consider the establishment of the proposed District, the designation
of the Improvement Areas therein, the proposed rate and method of apportiomnent of the special
taxes proposed to be levied within each Improvement Area, and all other matters as set forth in
this resolution of intention. At the above-mentioned time and place for public hearing any
persons interested, including taxpayers and property owners may appear and be heard, The
testimony of all interested persons for or against the establishment of the District, the extent of
the District, or the furnishing of the services, will be heard and considered, Any protests may be
made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the
proceedings shall be in writing and clearly set forth the irregularities and defects to which the
objection is made. All written protests shall be filed with the City Clerk of the City Council on
or before the time fixed for the public hearing, Written protests may be withdrawn in writing at
any time before the conclusion of the public hearing,
If a written majority protest against the establishment of the District is filed, the
proceedings shall be abandoned. If such majority protest is limited to certain services or portions
of the special tax, those services or that tax shall be eliminated by the City Council.
SECTION 8. Election, If, following the public hearing described in the Section above,
the City Council determines to establish the District and proposes to levy a special tax within
each of the Improvement Areas within the District, the City Council shall then submit the levy of
the special taxes to the qualified electors of each such Improvement Area. If at least twelve (12)
persons, who need not necessarily be the same twelve (12) persons, have been registered to vote
within any Improvement Area for each of the ninety (90) days preceding the close of the public
hearing, the vote shall be by registered voters of such Improvement Area, with each voter having
one (I) vote, Otherwise, the vote shall be by the landowners of such Improvement Area who
were the owners of record at the close of the subject hearing, with each landowners or the
authorized representative thereof, having one (I) vote for each acre or portion of an acre of land
owned within such Improvement Area.
A successful election relating to the special tax authorization shall, as applicable,
establish and/or change the appropriations limit as authorized by Article XIIIB of the California
Constitution as it is applicable to this District.
SECTION 9. Notice. Notice of the time and place of the public hearing shall be given
by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated
newspaper of general circulation, such publication pursuant to Section 6061 of the Government
3
/0 -.35
Code, with such publication to be completed 'at least seven (7) days prior to the date set for the
public hearing,
Presented by:
Approved as to form by:
John p, Lippitt
Director of Public Works
J :/attorney/reso/cfd 08M(2)
4
/ð'~{,
Exhibit "A"
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 08M
(VILLAGE 6, MCMILLIN OTAY RANCH AND OTAY RANCH COMPANY)
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO.1
(McMillin Otay Ranch)
A Special Tax of Community Facilities District No, 08M (Village 6, McMillin Otay Ranch and
Otay Ranch Company) of the City of Chula Vista ("CFD") shall be levied on all Assessor's
Parcels in Improvement Area No, 1 of the CFD and collected each Fiscal Year commencing in
Fiscal Year 2002-03 in an amount determined through the application of the rate and method of
apportionment of the Special Tax set forth below, All of the real property in the CFD, 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. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the
land area shown on the applicable Final Subdivision Map, other final map, other parcel
map, other condominium plan, or functionally equivalent map or instrument recorded in
the Office of the County Recorder. 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, Part 1, Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate
amount of the City's general administrative overhead related thereto, and the fees of
consultants and legal counsel providing services related to the administration of the CFD;
the costs of collecting installments of the Special Taxes; and any other costs required to
administer IA No, I of 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 nurnber.
"Assessor's Parcel Map" means an official map of the Assessor of the County
designating parcels by assessor's parcel number.
A-I
/O·~?
"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" means Community Facilities District No, 08M of the City ofChula Vista.
"City" means the City ofChula Vista,
"City Clerk" rneans the City Clerk for the City ofChula Vista or his or her designee,
"City Manager" means the City Manager for the City of Chula Vista or his or her
designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City ofChula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative
body of the CFD,
"Connty" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was
issued after January 1, 2002, but prior to the March 1st preceding the Fiscal Year in
which the Special Tax is being levied.
"Final Map Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property,
"Final Subdivision Map" means a subdivision of property creating single family
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 condominium plan pursuant to California Civil Code 1352, that
creates individual lots for which building permits may be issued without further
subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied,
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area No.1" or "IA No.1" means Improvernent Area No, 1 of the CFD,
as identified on the boundary map for the CFD,
"Land Use Class" means any of the classes listed in Table 1 or Table 2,
"Landscape Maintenance" means the labor, material, administration, personnel,
equipment and utilities necessary to maintain landscaped irnprovements within the public
right-of-ways, parkways, slopes, wetlands and other public easements throughout the
CFD,
A-2
/ð -,:;1'
"Landscape Maintenance Requirement" means, for any Fiscal Year in which Special
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to IA No. 1 for such Fiscal Year.
"Maximnm Special Tax" means the maximum Special Tax, determined in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property,
"Multi-Family Property" means all Assessor's Parcels of Developed Property for
which a building permit has been issued for a residential structure consisting of two or
more residential units that share common walls, including, but not limited to, duplexes,
triplexes, townhomes, condorniniums, and apartment units,
"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. Including lot S-2 and CPF-2.
"Operating Fund" means a fund that shall be maintained for IA No.1 for each Fiscal
Year to pay for Landscape Maintenance and Storm Water Quality Maintenance and
Adrninistrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Requirement and the applicable Storm Water Quality
Maintenance Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property, Final Map Property, or Taxable Property Owners
Association Property.
"Property Owner Association Property" means any property within the boundaries IA
No.1 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,
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy
to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property
within each Land Use Class,
"Public Property" means any property within the boundaries of IA No.1 of the CFD
that is, at the time of the CFD formation, expected to be used for any public purpose and
is owned by or dedicated to the federal government, the State, the County, the City or any
other public agency,
"Reserve Fund" means a fund that shall be maintained for IA No, 1 for each Fiscal Year
to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital
to cover monitoring, maintenance and repair cost overruns and delinquencies in the
payment of Special Taxes and a reasonable buffer to prevent large variations in annual
Special Tax levies,
A-3
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"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling
unit.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and
D below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in IA No. I to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for IA No.
1 to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water
Quality Maintenance Requirement; (iii) pay reasonable Administrative Expenses; (iv)
pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"Sqnare Foot" means the square footage as shown on an Assessor's Parcel's building
permit of Residential Property or Multi-Family Property, excluding garages or other
structures not used as living space,
"State" means the State of California,
"Storm Water Quality Maintenance" means the maintenance of detention basins,
storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other
facilities that are directly related to storm water quality control throughout IA No.1.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an
amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to
IA No.1 for the current Fiscal Year in which Special Taxes are levied.
"Taxable Property" means all of the Assessor's Parcels within the boundaries ofIA No.
1 of the CFD that are not exempt from the Special Tax pursuant to law or as defined
below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax.
Tax-Exempt Property includes: (i) Public Property, or (ii) Property Owner Association
Property, or (iii) Assessor's Parcels with public or utility easements making impractical
their utilization for other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Association Property
which is not exempt from the Special Tax pursuant to Section E below,
A-4
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"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within IA No, 1 of the
CFD shall be classified as Developed Property, Final Map Property or Undeveloped
Property, and shall be subject to Special Taxes pursuant to Sections C and D below.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1.
Undeveloped Property shall be further assigned to a Land Use Class as specified in Table
2,
C. MAXIMUM SPECIAL T AX RATE
1. Developed Property
TABLE 1
Maximnm Special Tax for Developed Property
Community Facilities District No. 08M
Improvement Area No.1
Land Storm Maximum
Use Description Landscape Water Quality Special Tax
Class Maintenance Maintenance
1 Residential Property $0,170 per Sq Ft $0.038 per Sq Ft $0,208 per Sq Ft
2 Multi-Family Property $0.170 per Sq Ft $0.038 per Sq Ft $0.208 per Sq Ft
3 Non-Residential Property $2,926.95 per Acre $659.35 per Acre $3,586.30 per
Acre
Multiple Land Use Classes
In sorne instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maximum Special Tax that may be levied on an
Assessor's Parcel shall be the sum of the Maximunl Special Tax levies that may
be levied on all Land Use Classes located on that Assessor's Parcel. The CFD
Administrator's shall determine the allocation to each Land Use Class,
A - 5
/0 -rj"/
2. Undeveloped Property
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 08M
Improvement Area No.1
Land Landscape Storm Maximum
Use Description Maintenance Water Quality Special Tax
Class Maintenance
4 Final Map Property $2,926,95 per Acre $659.35 per Acre $3,586.30 per
Acre
5 Other Taxable Property $2,926.95 per Acre $659.35 per Acre $3,586.30 per
Acre
6 Taxable Property Owner $2,926,95 per Acre $659.35 per Acre $3,586.30 per
Association Property Acre
3. Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on
each Assessor's Parcel in IA No.1 shall be increased each Fiscal Year beginning
in Fiscal Year 2003-04 and thereafter by a factor equal to the annual percentage
change in the San Diego Metropolitan Area All Urban Consumer Price Index
(All Items),
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2002-03, and for each following Fiscal Year, the Council
shall levy the IA No. 1 Special Tax at the rates established pursuant to steps 1 through 4
below so that the amount of the Special Tax levied equals the Special Tax Requirement.
The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for
Final Map Property;
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Third: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax shall be levied Proportionately on
each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special
Tax for Other Taxable Property;
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, the Special Tax shall be levied proportionately on
each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of
the Maximum Special Tax for Taxable Property Owner Association Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against
any Assessor's Parcel of Residential Property or Multi-Family Property for which an
occupancy permit for private residential use has been issued be increased by more than
ten percent annually up to the Maximum Special Tax as a consequence of delinquency or
default by the owner of any other Assessor's Parcel within IA No.1 of the CFD.
E. EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined
as Public Property, and (ii) Assessor's Parcels with public or utility easements making
impractical their utilization for other than the purposes set forth in the easement.
The CFD Administrator shall classify as exempt property those Assessor's Parcels
defined as Property Owner's Association Property provided that no such classification
would reduce the sum of all taxable Property to less than 128.11 Acres. Assessor's
Parcels defined as Property Owner Association Property that cannot be classified as
exempt property will be classified as Taxable Property Owner Association Property and
shall be taxed as part of the fourth step in Section D,
The CFD Administrator will assign Tax-Exempt status in the chronological order in
which property becomes exempt.
F. APPEALS
Any landowner or resident who pays the Special Tax and believes 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 may amend
the amount of the Special Tax levied on such Assessor's Parcel. If following such
consultation and action, if any by the CFD Administrator, the landowner or resident
believes such error still exists, such person may file a written notice with the City Clerk of
the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon
the receipt of any such notice, the City Clerk shall forward a copy of such notice to the
City Manager who shall establish as part of the proceedings and administration of the
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CFD, a special three-member Review/Appeal Committee, The Review/Appeal Committee
may establish such procedures, as it deems necessary to undertake the review of any such
appeal. The Review/Appeal Committee shall interpret this Rate and Method of
Apportiomnent and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals, as herein specified. The decision of
the Review/Appeal Committee shall be final and binding as to all persons.
G. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner
and at the same time as ordinary ad valorem property taxes; provided, however, that the
CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a
different time or in a different manner if necessary to meet the financial obligations of IA
No.1 of the CFD or as otherwise determined appropriate by the CFD Administrator.
H. TERM OF SPECIAL TAX
Taxable Property in IA No, 1 of the CFD shall remain subject to the Special Tax III
perpetuity.
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Exhibit "8"
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 08M
(VILLAGE 6, MCMILLIN OTAY RANCH AND OTAY RANCH COMPANY)
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO.2
(Otay Ranch Company)
A Special Tax of Community Facilities District No, 08M(Village 6, McMillin Otay Ranch and
Otay Ranch Company) of the City of Chula Vista ("CFD") shall be levied on all Assessor's
Parcels in Improvement Area No, 2 of the CFD and collected each Fiscal Year commencing in
Fiscal Year 2002-03 in an amount determined through the application of the rate and method of
apportionment of the Special Tax set forth below. All of the real property in the CFD, unless
exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in
the manner herein provided.
I. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the
land area shown on the applicable Final Subdivision Map, other final map, other parcel
map, other condominium plan, or functionally equivalent map or instrument recorded in
the Office of the County Recorder. 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, Part I, Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and. a proportionate
amount of the City's general administrative overhead related thereto, and the fees of
consultants and legal counsel providing services related to the administration of the CFD;
the costs of collecting installments of the Special Taxes; and any other costs required to
administer IA No.2 ofthe 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 Assessor of the County
designating parcels by assessor's parcel nurnber.
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"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" means Community Facilities District No. 08M of the City of Chula Vista,
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City ofChula Vista or his or her designee,
"City Manager" means the City Manager for the City of Chula Vista or his or her
designee.
"Community Purpose Facility Property" or "CPF Property" meanS all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative
body of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was
issued after January 1, 2002, but prior to the March I st preceding the Fiscal Year in
which the Special Tax is being levied.
"Final Map Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating single family
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 condominium plan pursuant to California Civil Code 1352, that
creates individual lots for which building permits may be issued without further
subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area No.2" or "IA No.2" means Improvement Area No.2 of the CFD,
as identified on the boundary map for the CFD.
"Land Use Class" means any of the classes listed in Table I or Table 2,
"Landscape Maintenance" means the labor, material, administration, personnel,
equipment and utilities necessary to maintain landscaped improvernents within the public
right-of-ways, parkways, slopes, wetlands and other public easements throughout the
CFD.
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"Landscape Maintenance Requirement" means, for any Fiscal Year in which Special
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to IA No, 2 for such Fiscal Year.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Multi-Family Property" means all Assessor's Parcels of Developed Property for
which a building permit has been issued for a residential structure consisting of two or
more residential units that share common walls, including, but not limited to, duplexes,
triplexes, townhomes, condominiums, and apartment units.
"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.
"Operating Fund" means a fund that shall be maintained for IA No.2 for each Fiscal
Year to pay for Landscape Maintenance and Storm Water Quality Maintenance and
Administrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Requirement and the applicable Storm Water Quality
Maintenance Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property, Final Map Property, or Taxable Property Owners
Association Property.
"Property Owner Association Property" means any property within the boundaries IA
No.2 ofthe 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.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy
to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property
within each Land Use Class.
"Public Property" means any property within the boundaries of IA No.2 of the CFD
that is, at the time of the CFD formation, expected to be used for any public purpose and
is owned by or dedicated to the federal government, the State, the County, the City or any
other public agency.
"Reserve Fund" means a fund that shall be maintained for IA No, 2 for each Fiscal Year
to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital
to cover monitoring, maintenance and repair cost overruns and delinquencies in the
payment of Special Taxes and a reasonable buffer to prevent large variations in annual
Special Tax levies,
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"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling
unit.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and
D below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in IA No.2 to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for IA No.
2 to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water
Quality Maintenance Requirement; (iii) pay reasonable Administrative Expenses; (iv)
pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"Square Foot" means the square footage as shown on an Assessor's Parcel's building
permit of Residential Property or Multi-Family Property, excluding garages or other
structures not used as living space.
"State" means the State of California.
"Storm Water Quality Maintenance" means the maintenance of detention basins,
storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other
facilities that are directly related to storm water quality control throughout IA No.2.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an
amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to
IA No, 2 for the current Fiscal Year in which Special Taxes are levied,
"Taxable Property" means all of the Assessor's Parcels within the boundaries ofIA No,
2 of the CFD that are not exempt from the Special Tax pursuant to law or as defined
below,
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax.
Tax-Exempt Property includes: (i) Public Property, or (ii) Property Owner Association
Property, or (iii) Assessor's Parcels defined as Community Purpose Facility Property that
is owned by a non-profit organization and has provided proof to the City prior to the
March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization's non-profit status, or (v) Assessor's Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement.
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"Taxable Property Owner Association Property" means all Association Property
which is not exempt from the Special Tax pursuant to Section E below,
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property.
J. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within IA No.2 of the
CFD shall be classified as Developed Property, Final Map Property or Undeveloped
Property, and shall be subject to Special Taxes pursuant to Sections C and D below.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1.
Undeveloped Property shall be further assigned to a Land Use Class as specified in Table
2. Assessor's Parcels of CPF Property not classified as exempt in accordance with
Section E below shall be taxed as Non-Residential Property when such Assessor's Parcel
is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be
classified as Other Taxable Property,
K. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 08M
Improvement Area No.2
Land Storm Maximum
Use Description Laudscape Water Quality Special Tax
Class Maintenance Maintenance
1 Residential Property $0.168 per Sq Ft $0.012 per Sq Ft $0,180 per Sq Ft
2 Multi-Family Property $0.168 per Sq Ft $0.012 per Sq Ft $0,180 per Sq Ft
3 Non-Residential Property $3,475.96 per Acre $251.35 per Acre $3,727.31 per
Acre
MultiplB Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maximum Special Tax that may be levied on such
an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that
may be levied on all Land Use Classes located on that Assessor's Parcel. The
CFD Administrator's shall determine the allocation to each Land Use Class.
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2. Undeveloped Property
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 08M
Improvement Area No.2
Land Landscape Storm Maximum
Use Description Maintenance Water Quality Special Tax
Class Maintenance
4 Final Map Property $3,475.96 per Acre $251.3 5 per Acre $3,727.31 per
Acre
5 Other Taxable Property $3,475,96 per Acre $251.3 5 per Acre $3,727.31 per
Acre
6 Taxable Property Owner $3,475,96 per Acre $251.35 per Acre $3,727.31 per
Association Property Acre
3. Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on
each Assessor's Parcel in IA No.2 shall be increased each Fiscal Year beginning
in Fiscal Year 2004-05 and thereafter by a factor equal to the annual percentage
change in the San Diego Metropolitan Area All Urban Consumer Price Index
(All Items).
L. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-04, and for each following Fiscal Year, the Council
shall levy the IA No, 2 Special Tax at the rates established pursuant to steps 1 through 4
below so that the amount of the Special Tax levied equals the Special Tax Requirement.
The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for
Final Map Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax shall be levied Proportionately on
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each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special
Tax for Other Taxable Property;
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, the Special Tax shall be levied proportionately on
each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of
the applicable Maximum Special Tax for Taxable Property Owner Association Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against
any Assessor's Parcel of Residential Property or Multi-Family Property for which an
occupancy permit for private residential use has been issued be increased by more than
ten percent annually up to the Maximum Special Tax as a consequence of delinquency or
default by the owner of any other Assessor's Parcel within IA No, 2 of the CFD.
E. EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined
as Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility
Property that are owned by a non-profit organization which has provided proof to the
City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being
levied of the organization's non-profit status, and (iii) Assessor's Parcels with public or
utility easernents making impractical their utilization for other than the purposes set forth
in the easement.
The CFD Administrator shall classify as exempt property those Assessor's Parcels
defined as Property Owner's Association Property provided that no such classification
would reduce the sum of all taxable Property to less than 124,90 Acres, Assessor's
Parcels defined as Property Owner Association Property that cannot be classified as
exempt property will be classified as Taxable Property Owner Association Property and
shall be taxed as part of the fourth step in Section D.
The CFD Administrator will assign Tax-Exempt status in the chronological order in
which property becomes exempt.
F. APPEALS
Any landowner or resident who pays the Special Tax and believes 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 may amend
the amount of the Special Tax levied on such Assessor's Parcel. If following such
consultation and action, if any by the CFD Administrator, the landowner or resident
believes such error still exists, such person may file a written notice with the City Clerk of
the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon
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the receipt of any such notice, the City Clerk shall forward a copy of such notice to the
City Manager who shall establish as part of the proceedings and administration of the
CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee
may establish such procedures, as it deems necessary to undertake the review of any such
appeal. The Review/Appeal Committee shall interpret this Rate and Method of
Apportiomnent and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals, as herein specified, The decision of
the Review/Appeal Committee shall be final and binding as to all persons, IA No.2
M. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner
and at the same time as ordinary ad valorem property taxes; provided, however, that the
CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a
different time or in a different manner if necessary to meet the financial obligation:; of IA
No.2 of the CFD or as otherwise determined appropriate by the CFD Administrator.
N. TERM OF SPECIAL TAX
Taxable Property in IA No, 2 of the CFD shall remain subject to the Special Tax in
perpetuity.
S:\Clients\Chula Vista\CFD Formations\Vi!lage 6 Otay Ranch-IA2\RMA & CFO Report\RMA Otay Ranch IA2 for ROLdoc
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RESOLUTION NO, 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY
FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY
FACILITIES DISTRICT NO, 08M (OT A Y RANCH VILLAGE 6)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has declared its intention to initiate proceedings to create a Community
Facilities District and to designate two improvement areas therein 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
designated as Community Facilities District No, 08M (Otay Ranch Village 6) (the "District");
and,
WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of
the Government Code of the State of California, the preparation of a Community Facilities
District Report to provide more detailed information relating to the proposed District, the
proposed improvement areas, the services proposed to be financed !Tom the proceeds of special
taxes to be levied within each irnprovement area, and estimate of the cost of providing such
servIces.
NOW, THEREFORE IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2, The Director of Public Works is hereby directed and ordered to prepare a
Comrnunity Facilities District Report (the "Report") to be presented to this City Council,
generally setting forth and containing the following:
SERVICES: A full and complete description of the public services proposed to be
financed from the levy of special taxes within each improvement area,
COST ESTIMATE: A genera] cost estimate setting forth costs of providing such services,
SPECIAL TAX: Further information regarding the implementation of the rate and method
of apportiomnent of the special tax proposed to be levied within each
improvement area,
SECTION 3. The Report, upon its preparation, shall be submitted to this City Council
for review, and the Report shall be made a part of the record of the public hearing on the
Resolution ofIntention to establish such District.
/ð -S3
SECTION 3, The Report, upon its preparation, shall be submitted to this City Council
for review, and the Report shall be made a part of the record of the public hearing on the
Resolution ofIntention to establish such District.
Presented by:
Approved as to form by:
John P. Lippitt
Director of Public Works
tt::
J:/attorney/reso/cfd 08M(3)
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COUNCIL AGENDA STATEMENT
Item }1
Meeting Date 8/20/02
ITEM TITLE: Resolution Authorizing the City Engineer to issue Encroachment
Permit No. PE-540 for the installation of a commercial tenant sign for the
Gateway Center located within "H" Street Right-of-Way.
SUBMITTED BY: Director of Public Works ~y
Manage~ff~,r~ (4/5ths Vote: Yes__ NoX___)
REVIEWED
BY:
City
Gateway Chula Vista, LLC is proposing to construct a large commercial tenant sign over an existing
Pacific Bell telephone box within "H" Street right-of-way along the new Gateway project site at
Third Avenue and "H" Street. According to Chapter 12.28 of the Municipal Code, certain
permanent private facilities built within right-oF-way or City easements, such as private signs require
City Council approval utilizing the encroachment permit process.
RECOMMENDATION: That Council approve the subject resolution authorizing the City
Engineer to issue Encroachment Permit No. PE-540 for the installation of a commercial tenant sign
For the Gateway Center located within "H" Street Right-of-Way and direct the City Clerk to record
said permit.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On July 23, 2002, Jim Pieri, developer of the Gateway Chula Vista project at the northwest comer of
Third Avenue and H Street, requested permission to place a commercial tenant sign for the Gateway
businesses over an existing Pacific Bell telephone box located in the sidewalk and within the right-
of-way along H Street (see Exhibit "A"). Mr. Pieri indicated that the sign would help to hide the
unsightly Pac Bell box that was placed in the sidewalk. The telephone box is approximately 6 feet
long by 2 feet wide by 5 feet tall and is placed perpendicular to the street within the 8-foot wide
sidewalk. A utility permit for the telephone box was issued to Pac Bell by the Engineering Permits
section.
The proposed sign will completely cover the telephone box and will include an access door for Pac
Bell (see Exhibit "B"). Gateway Chula Vista has obtained permission from Pac Bell for the sign
placement over their telephone box. The proposed sign design is angled towards the street leaving a
separation between the top of the sign and the edge of the curb of 172 feet (see Exhibit "B").
Typically the minimum separation required for any sign from the curb face is 2 feet in order to avoid
vchicles in the street from hitting the sign. Staff requested to have the sign redesigned to angle
towards the adjacent building but the sign amhitect indicated that design would result in blocking
Page 2, Item ~!
Meeting Date 8/20/02
other existing building signs. In this case, staff feels the proposed 1½ foot separation between the
curb face and the top of the sign (which is approximately 12 ½ feet above the sidewalk) will not
result in any traffic related hazards.
In addition to the encroachment permit requirement for the sign, staff is also requiring a public
sidewalk easement at the back of the sign beyond the right-of way to ensure proper pedesthan access
around the sign.
The City's standard encroachment permits contain the necessary maintenance, removal and hold
harmless clauses. The encroachment permit protects the City, its agents and employees from
maintenance problems and liability for damages and/or bodily injuries arising from the performance
of the work connected with the installation of the private electrical conduits (see Exhibit "C").
According to Chapter 12.28.020 of the Municipal Code, a Council resolution must authorize the
issuance of the encroachment permit.
FISCAL IMPACT: Staff time for proqessing this encroachment permit has been charged to the
Gateway construction plan project for the public improvements of Third Avenue and H Street.
Attachments: Exhibit A - Locator plat
Exhibit B - Proposed sign detail
Exhibit C - Encroachment Permit
SE
File: 0710-40-PE-540
d'lengtneeriaGENDAIPE540reso, doc
PARKING GARAGE
/
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._~_~_ BUILDING ONE .~
PI~OPERTY LINE t, ~' .
H STREET
Recording requested by and
p[e£t.¥e return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
[ X ] This document benefits
permittee. Recording
fi, e required. [ (This space for Recorder's use, only) [
Assessor's Parcel No(s). 568-450-60 C.V. File No. 0710-40-PE-540
AUTHORIZATION FOR ENCROACHMENT
IN CITY RIGHT OF WAY
Permit No. PE-540
Pursuant to Chapter t 2.28 of the Chula Vista Municipal Code, permission is hereby granted by the
City of Chula Vista (hereinafter "City") to: Gateway Chula Vista, LLC (hereinafter "Permittee")
whose mailing address is 303 H Street, Chula Vista, CA 91910, to do work within a portion of right-
of-way belonging to the City of Chula Vista.
All terms and conditions of this permit as to the Permittee shall be a burden upon Permittee's land
and shall mn with the land. All conditions apply to Permittee and all his/her/their heirs, assigns,
successors or transferees.
Whereas, the Permittee has requested the permission from City to encroach on said City's right-of-
way and for the direct benefit of the following described property:
ADDRESS: 303 H Street, Chula Vista
LEGALDESCRIPTION: Parcel2ofPareelMap 18753, intheCityofChula Vista, CountyoJ'
San Diego, State of California, filed in the Office of the County Recorder of San Diego County, July
16, 2001 of Official Recor&.
PERMISSION IS HEREBY GRANTED to do the following work with the inclusion of conditions
contained herein:
Install a 12 ½ foot high merchant tenant sign over an existing Pacific Bell pedestal in
the H Street right-of-way as shown on Exhibit "A" attached.
(hereinafter "Encroachment.")
Page !
NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable
consideration, the parties hereto agree as follows:
Permission is hereby granted Permittee to install the above-mentioned Encroachment on said general
utility easement belonging to the City described above in accordance with the following conditions:
I. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as
determined by City.
2. Encroachment shall, in no way interfere with the maintenance of street trees or operation of
any existing utility, including but not limited to water meters, CATV and telephone
pedestals, public storm drain and sewer lines. Any costs arising from changes of or to any
facility due to the Encroachment shall be the sole responsibility of Permittee.
3. Maintenance, removal or relocation of Encroachment shall be the sole responsibility of
Permittee, and/or Permittee's lessee, should there be any, at no expense to City.
4. Said installation shall conform to all standards and specifications as stated in the Chula Vista
Municipal Code.
5. Permittee is to call Underground Service Alert (One call mark-out service) at 1 ~800-422-
4133 a minimum of two working days prior to any excavation being done in the public right-
of-way.
6. For all above ground Encroachments that could logically be subject to graffiti or similar acts,
Permittee shall apply an anti-graffiti material to the encroaching object ora type and nature
that is acceptable to the Director of Public Works.
7. Permittee shall immediately remove any graffiti from the encroaching object.
8. City shall have the right to remove graffiti or paint the encroaching object, the paint being
provided and the cost of labor paid by Permittee.
9. Permittee shall not allow'Encroachment to block the existing course of surface drainage to
the extent that in the opinion of the City Engineer it may endanger the public or the
surrounding properties or cause pounding of water.
This permit is revocable upon thirty (30) days written notice to the Permittee, and upon such notice,
the installation must he removed or relocated, as and when specified by City, at Permittee's cost. If
Permittee fails to remove or relocate Encroachment within the period allotted, City may cause such
work to be done and the cost thereof shall be imposed as a lien upon Permittee's property.
Permittee shall defend, indemnify, protect and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the conduct of the Permittee, or any agent
or employee, subcontractors, or others (including third parties) in connection with the execution of
Page 2
the work covered by this agreement, except only for those claims arising from the sole negligence or
sole willful conduct of the City, its officers, or employees. Permittee's indemnification shall include
any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or
employees in defending against such claims, whether the same proceed tojudgrnent or not. Further,
Permit:tee at its own expense shall, upon written request by the City, defend any such suit or action
brought against the City, its officers, agents, or employees. Permittee=s indemnification of City shall
not be limited by any prior or subsequent declaration by the Permittee.
Permittee hereby agrees to and shall defend City, its elective and appointive boards, officers, agents
and employees against any claim, and in any suit or proceeding, at law or in equity, for damages
caused, or alleged to have been caused, by actions taken or alleged to have been taken under this
permit by Permittee directly or by his/her/their agent(s), contractor(s), or agents or employees of
same. Permittee further agrees to and shall indemnify and hold harmless City, its elective and
appointive boards, officers, agents and employees, as indemnities, for any claim, suit or proceeding
submitted, brought or instituted against City as a result of actions taken, or alleged to have been
taken, under this permit, including, but not limited to, any asserted liability for loss of or damage to
property or for personal injury, including death.
The undersigned Permittee hereby accepts the foregoing Encroachment permit upon the terms and
conditions stated herein and agrees to comply with all stated terms and conditions and with all
applicable laws, including any applicable provision of the Chula Vista Municipal Code. It is further
agreed that if any part of Permittee's Encroachment or Permittee's rights under this Encroachment
Permit should interfere with the future use of the City's right of way by the general public, it must be
removed or relocated at Permittee's expense and such right shall be terminated as and when indicated
by City.
In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer
shall resolve said dispute in his sole and unfettered discretion, reasonably applied.
( End of Page for PE-540, next page is a signature page )
Page3
Signature Page for PE-540
CITY OF CHULA VISTA:
Permit approved by:
Date:
CLIFFORD L. SWANSON
DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER
(City Clerk to attach acknowledgment.)~
PERMITTEE:
Date;
OWNER
Date:
OWNER
(Notary to attach acknowledgment.)
Approved As to Form:
JOHN KAHENY, CITY ATTORNEY
NOTE: Permittee ia' to submit a check or money order payable to County of San Diego equal to the
total of $7.00 for the first page and $3.00 .for each page thereafter, including notary
acknowledgments for all signatories.
J :\Engineer~PERMlTS~PE\PE540.doc
Page 4
RESOLUTION NO.2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ENGINEER TO
ISSUE ENCROACHMENT PERMIT NO. PE-540 FOR THE
INSTALLATION OF A COMMERCIAL TENANT SIGN FOR
THE GATEWAY CENTER LOCATED WITHIN "H" STREET
RIGHT -OF- WAY
WHEREAS, Gateway Chula Vista, LLC is proposing to construct a large commercial
tenant sign over an existing Pacific Bell telephone box within "H" Street right-of-way along the
new Gateway project site at Third Avenue and "H" Street; and
WHEREAS, according to Chapter 12.28 of the Municipal Code, certain permanent private
utilities built within right-of-way or City easements such as private signs require City Council
approval utilizing the encroachment permit process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby authorize the City Engineer to issue Encroachment Permit No. PE-540 to Gateway
Chula Vista, LLC for the installation of a commercial tenant sign for the Gateway Center located
within "H" Street right-of-way.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record said
permit.
Presented by
Approved as to form by
J;:,;- J! J!, cJ
City Attorney
John P. Lippitt
Director of Public Works
J :\attorney\reso\encroachmem permit PE 540
//"'9
COUNCIL AGENDA STATEMENT
Item: }a~-
Meeting Date: 8/20/02
ITEM TITLE: Resolution of the City Council of the City of Chula Vista amending the
FY 03 budget by adding one Special Planning Projects Manager position
to the Planning and Building Department and appropriating $98,400
therefore based on unanticipated revenues from developer
reimbursements.
SUBMITTED BY: Director of Planning and Building ~
REVIEWED BY: City Manager (~ (4/5ths Vote: Yes X No )
Guiding the planning and initial development of the Eastern Urban Center with existing
staffing would necessitate re-prioritizing existing projects. In lieu of this, the developer has
agreed to fund a dedicated senior management position for a period of three years to process
the Eastern Urban Center development plans.
RECOMMENDATION: That the City Council of the City of Chula Vista approve the
resolution amending the FY j03 budget by adding one Special Planning Projects Manager
position to the Planning and Building Department and appropriating $94,500 in Personel
Services, $1,300 in Supplies and Services, and $2,600 in capital for purchase of office
equipment based on unanticipated developer revenues from the Eastern Urban Center project.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In evaluating the future work program of the Planning and Building Department for the next
three years, a need has been identified for a highly experienced, senior management planning
professional to work as a Special Planning Projects Manager to guide the planning and initial
development of the Eastern Urban Center (EUC) project.
Background:
The Eastern Urban Center (EUC) is the major focal point for Otay Ranch. The Otay Ranch
General Development Plan (GDP) explains that the EUC is to "create an urban center that will
provide a unique functional and symbolic center for Otay Ranch". The GDP also states that
the Eastern Urban Center is to be the "heart" of the eastern territories in south San Diego
County. It is envisioned that the Eastern Urban Center will include regional commercial,
multi-story office professional, shopping, entertainment and potentially other cultural uses. It
will also include approximately 2,500 high density multi-family residential units.
The Eastern Urban Center is not intended to be a replacement to the historic downtown in the
Page 2, Item: //'g"'
Meeting Date: 8/20/00
western portion of the city. In the planning the EUC a fundamental principle should be that
the two areas are diverse enough in character and content to act as an incentive for residents of
the east and west to enjoy both centers. The EUC Project Manager will coordinate with the
General Plan team and the Community Development Department to insure that
development/redevelopment of both areas continue to be pursued.
For the following reasons both city staff and the principal landowner (McMillin) believe that
now is the time to begin the active planning and development of the Eastern Urban Center.
1. The imminent construction of SR125.
2. The amount of residential development that has created local demand for services.
3. The role of the EUC as an incentive for the future utilization of the "University site".
4. The economic studies (including a regional commercial analysis) that show that initial
development of the EUC can be supported at this time.
5. The amount of private sector interest.
6. The EUC issue paper, which was recently accepted by the City Council,has provided
sufficient direction to begin the process.
The next step in the process would be to hire a project manager with sufficent background
experience to guide the planning efforf. It is clear due to level of responsibility required and
the complexity involved in this unique project that the individual selected should be at the
senior management level. Staff is proposing the position to be a special projects manager.
The Eastern Urban Center Project Manager's responsibilities would be to guide the planning
process and early implementation efforts (i.e. development of SPA and associated EIR) of the
Eastern. Working under the direction of the Assistant Planning Director, one of the first tasks
will be to identify the City staff team and develop a comprehensive work program
FISCAL IMPACT:
This position is funded at full-cost recovery through unanticipated developer revenues from the
Eastern Urban Center developer deposits on this project. The FY 03 costs of $98,400 and future
year costs of $120,000 will be fully offset by developer reimbursements from the Eastern Urban
Center project.
H :\plannmg\BobMc\EUC Project Manager A 113.doc
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FY03 BUDGET BY ADDING ONE SPECIAL PLANNING
PROJECTS MANAGER POSITION TO THE PLANNING AND BUILDING
DEPARTMENT AND APPROPRIATING $98,400 THEREFORE BASED ON
UNANTICIPATED REVENUES FROM DEVELOPER REIMBURSEMENTS
WHEREAS, the planning and early implementation of the Eastern Urban Center is a
highly complex major project for which the experience and expertise of a senior-level employee
is needed; and
WHEREAS, the position will be fully funded through developer revenues; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the addition of one Special Planning Projects Manager position to the
Planning and Building Department.
BE IT FURTHER RESOLVED that the FY 03 budget of the Planning and Building
Department is amended by appropriating $94,500 in Personnel Services, $1,300 in Supplies and
Services, and $2,600 in capital for purchase of office equipment based on unanticipated
developer revenues from the Eastern Urban Center project.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning and Building
~~
City Attorney
H:\Attomey\RESO Spec.Planning Projects Mgr.doc
/.,¿ \3
-.- ---.-
COUNCIL AGENDA STATEMENT
Item: t5
Meeting Date: 08/20/02
ITEM TITLE: RESOLUTION AMENDING THE FY03 BUDGET
TO ADD ONE MIDDLE MANAGEMENT DISASTER
PREPARDNESS MANAGER POSITION TO THE FIRE
DEPARTMENT AND APPROPRIATE FUNDS THEREFORE
FROM THE UNAPPROPRIATED BALANCE OF THE
GENERAL FUND
SUBMITTED BY: Fire C:~~.,~
REVIEWED BY: - ~'r,/~' __
City Manag~ (4/5ths Vote: Yes X No )
September 11t~ heightened the need for homeland security measures at the local
government level. Terrorism added a new dimension to traditional disaster
preparedness. The Disaster Preparedness Manager will be responsible for
development and maintenance of a comprehensive emergency preparedness
plan and citywide disaster preparedness training.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
RECOMMENDATION: That Council amend the FY03 budget to add one middle
management Disaster Preparedness Manager position to the Fire Department
and appropriate $67,827 in personnel services, $3,550 in supplies and services
and $3,775 in Capital equipment for office equipment from the available balance
of the General Fund.
DISCUSSION
In the event of a disaster, critical infrastructure such as emergency services,
water, roads, telecommunications, energy sources, transportation, and city
services must remain operational. The events of September 11th heightened the
importance of maintaining an active emergency preparedness plan and providing
ongoing disaster preparedness training to city personnel and the community.
The City's emergency preparedness plan is currently a collateral responsibility of
the Fire Marshal. Due to a workload increase in new housing and commercial
development inspections, the plan is updated on a time permitting basis.
Furthermore, competing priorities such as enforcement of fire codes, fire
investigations, plan review; weed abatement and complaint resolution make it
difficult for the Fire Marshal to provide ongoing disaster preparedness training.
Planning for continuity of government services, in the event of a disaster,
requires a full time position with an intimate understanding of the disaster
preparedness plan, emergency services, government protocols and the
community. Staff is recommending the creation of a full time Disaster
Preparedness Manager position, which would be responsible for disaster
preparedness and ensure critical operations are maintained in the event of a
natural disaster and in a crisis situation. In the event of a disaster, the manager
would help ensure communications among first responders and key agencies
such a FEMA, share vital information and help with recovery efforts. In addition
to other duties, the manager will also be responsible for:
· Maintaining a Comprehensive Emergency Disaster Preparedness Plan for
the City of Chula Vista.
Partnering with key federal, state, and local organizations, as well as
schools and the military to protect and strengthen our City.
· Creating a Citizen Emergency Response Team (CERT) to involve the
community in training exercises and emergency relief efforts.
· Collecting data and monitoring natural disasters, hazardous spills, nuclear,
biological and chemical attacks, acts of terrcdsm, and other like situations.
· Disseminating information and educational materials pertaining to disaster
preparedness in the event of a natural disaster or crisis situation.
· Providing citywide disaster preparedness and anti-terrorism training and
simulation exercises.
· Ensuring the readiness of the City's Emergency Operations Center and
associated personnel.
· Ensuring telecommunication and critical infrastructure remain operational.
· Damage assessment and recovery efforts including submittal of
appropriate' documents for reimbursement from the State or other
agencies.
· Providing on going up to date disaster preparedness information and
training to City employees, emergency services, schools and the
Community.
· Conducting an analysis of potential hazards in the community and
developing an action plan.
· Assist with secudng grant funding for emergency preparedness
equipment. /~ ..,,~.__
Compensation
It is recommended that the Disaster Preparedness Manager salary range be set
at the same level as Principal Management Assistant for the following reasons:
· The unique expertise required results in a position that is very
independent in nature.
· The incumbent must interact on a regular basis with similar level mangers
in federal, state and local agencies.
· The incumbent will interact on a daily basis with executives and senior
managers while directing disaster preparedness activities in the City.
· The incumbent must continue to develop expertise at the highest possible
level in this field and maintain the readiness of the City to respond
effectively to an emergency situation.
· While the nature of the duties of the Disaster Preparedness Manager are
significantly different from the duties of a Principal Management Assistant,
they are at the same level for the purpose of setting salary.
Related Equipment/Services & Supplies
Staff is recommending the Council appropriate $7,325 for equipment and
services and supplies related to this position and implementation of a disaster
preparedness program. The funds will be used to purchase a computer, mobile
radio, and phone, printing & binding services and training/educational materials.
FISCAL IMPACT
The total FY03 cost of the position and related equipment/services and supplies
is $75,152. Staff is recommending these costs be funded from the
unappropriated balance of the General Fund. The ongoing cost beginning in FY
04 is $88,730 for the position and $3,050 for related services and supplies.
Since ongoing resources have not been identified to fund these ongoing costs,
approval of this action may require offsetting budget reductions in future years.
/:3 -,3
.__..~.__. -...--.-....-.--,-.. ._..,...~.. -----.- -
RESOLUTION NO.
RESOLUTION AMENDING THE FY03 BUDGET TO ADD ONE MIDDLE
MANAGEMENT DISASTER PREPARDNESS MANAGER POSITION IN THE
FIRE DEPARTMENT AND APPROPRIATE FUNDS THEREFORE FROM THE
UNANTICIPATED BALANCE OF THE GENERAL FUND
WHEREAS, September 11th heightened the need for homeland security
measures at the local govemment level; and,
WHEREAS, In the event of a disaster, critical infrastructure such as
emergency services, water, roads, telecommunications, energy sources,
transportation, and city services must remain operational.
WHEREAS, staff is recommending the creation of a full time middle
management Disaster Preparedness Position; and,
WHEREAS, the Disaster Preparedness Manager will be responsible for
development and maintenance of a comprehensive emergency preparedness
plan and citywide disaster preparedness training; and,
WHEREAS, in the event of a disaster, the manager would help ensure
communications among first responders and key agencies such a FEMA, share
vital information and help with recovery efforts; and,
WHEREAS, the salary range has been set at the same level as a Principal
Management Assistant; and,
WHEREAS, staff is recommending Council appropriate $7,325 for
equipment/services and supplies related to this position and implementation of a
disaster preparedness program; and,
WHEREAS, the funds will be used to purchase a computer, chair, mobile
radio, and phone, printing & binding services and training/educational materials.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby add one mid management Disaster Preparedness
Manager position to the Fire Department and appropriate $67,827 for personnel
services, $3,550 for supplies and services and $3,775 in capital for related
equipment from the unappropriated balance of the General Fund.
Presented by:
Approved as to form by:
John M. Kaheny
City Attorney
~ftl%
Fire Chief
11074.
/3-';
COUNCIL AGENDA STATEMENT
Item It
Meeting Date 8/20/02
ITEM TITLE: a) Resolution Intention to Approve an Amendment to the
Contract between the Board of Administration of the Public
Employees' Retirement System (CalPERS) and the City Council of
the City of Chula Vista to provide Section 21354.3, (3% @ 60 Full
Formula) benefits to all active miscellaneous members.
b) Ordinance Authorizing an amendment to the contract between
the Board of administration of the Public Employees' Retirement
System and the City Council of the City of Chula Vista to provide
Section 21354.3 (3% @ 60 Full Formula) benefits to all active
miscellaneous members.
c) Resolution Amending the Fiscal Year 2003 budget
appropriating funds to cover the cost of the contract amendment.
On August 28,2001, Council approved labor agreements with the City's miscellaneous
employee groups, which included certain retirement benefit enhancements. These
actions are the first steps required in the CalPERS contract amendment process in
order to implement the change in the basic pension benefit formula and the
appropriation of funds is needed to cover the cost of the contract amendment.
SUBMITTED BY: Assistant City Manager Powell '~
Director of Human Resources~
REVIEW BY: City Manage ~"~ (4/5ths Vote: Yes X No )
RECOMMENDATION: That Council adopt the resolution a) and ordinance b) in
accordance with CalPERS requirements for implementing an amendment to the
contract between the Board of administration of the Public Employees' Retirement
System and the City Council of the City of Chula Vista to provide Section 21354.3 (3%
@ 60 Full Formula) benefits to all active miscellaneous members, and adopt resolution
c) amending the fiscal year 2003 budget to appropriate funds to cover the cost of the
contract amendment.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The City currently contracts with CalPERS for the 2% @ 55 retirement
benefit formula for its miscellaneous employees. On August 28, 2001, the City Council
approved labor agreements with the City's miscellaneous employee groups including:
Executive Managers, Senior Managers, Middle-Managers, Western Council of
Engineers (WCE), Confidential Employees, and the Chula Vista Employees Association
(CVEA). Included in these agreements is an enhancement to the CalPERS contract to
include the 3% @ 60 Full Formula retirement benefit effective January 2003, pending
adoption of enabling legislation by the State. On October 13, 2001, AB 616 (Calderon)
adding the 3% @ 60 benefit was chaptered into law.
The 3% @ 60 benefit provides to miscellaneous employees 3% of pay at age 60 for
each year of service credited with the City. Local miscellaneous members subject to
the 3% @ 60 Full Formula contribute 8% of reportable earnings. This is an increase of
1% from the 7% employee contribution under the current 2% @ 55 formula. Even
though the City currently pays the employees' full contribution and has agreed to pay
the full 8% under the 3% @ 60 formula, CalPERS requires that an election of the
affected members for any formula change affecting the members' contribution rate be
held. This election will be conducted between the adoption of the resolution presented
herein and prior to the adoption of the final ordinance, per CalPERS regulations. It is a
simple blind "yes or no" vote, and would require 50% of the affected employees plus
one casting a "no "vote to stop the contract amendment.
Historically, when an employer's contract with CalPERS is amended to enhance a
retirement formula the amendment applies to all past and current employees who have
not yet retired but have retirement service credits from their employment with the City.
For example, an employee with 10 years service credit who left the City at age 45 under
the 2% @ 55 formula would be subject to the benefit level the City was contracting for at
their retirement date (in this case 3% @ 60). However, when AB 616 was chaptered
into law it included a specific provision that only those employed by the contracting
agency on or after the effective date of the contract are eligible for this formula.
Because of the difficulties associated with implementation of bifurcated benefits for a
contracting employer, there have been several attempts by CalPERS this legislative
session to have "clean-up" legislation passed to make it consistent with past practice.
CalPERS staff has advised the City that the "clean-up" legislation will not be passed this
session. Therefore the 3% @ 60 benefit will only apply to those employees who are
employed by the City on or after December 27, 2002. The earliest date they can retire
and receive this benefit is December 28, 2002.
The labor agreements call for the implementation of the benefit in January 2003. It is
proposed that the contract effective date be December 27, 2002 because: 1) it is the
first date of the pay period which includes January 1, 2003, and 2) it will allow
employees who are eligible to retire, to retire prior to the first of the year which will make
them eligible for a cost of living increase one year earlier than if they were to retire
January 1 or later.
The process set out by CalPERS for contract amendments is specific. This item is being
presented as an announcement of the City's intention to amend our contract with
CalPERS and to present the first reading of the required Ordinance. Pursuant to
Government Code Section 20471, CalPERS requires that there be a 20-day period
between the adoption of the Resolution of Intention and the adoption of the final
Ordinance. There are no exceptions to this law. The second reading and final adoption
of this Ordinance will be September 10, 2002. The effective date of the contract
amendment will be December 27, 2002.
Cost of the Amendment
Government Code Section 7507 requires that the future annual costs of the proposed
contract amendment be disclosed at a public meeting at least two weeks prior to the
adoption of the final Ordinance. The following costs have been identified in the actuarial
cost estimates provided by CalPERS for this contract amendment.
1 ) Change in the Present Value of Benefits $27,274,025
The "present value of benefits" is an actuarial term that represents the total dollars
needed today to fund all future benefits for the current members of the Plan, without
regard to future employees. After this amendment, the total present value of benefits is
estimated to be $177.2 million.
2) Change in the Excess Assets ($17,076,046)
As of each .lune 30 (two years in arrears) CalPERS calculates the "desirable" level of
Plan assets as of that point in time by subtracting the present value of scheduled future
employee contributions and future employer normal costs from the total present value
of benefits. The resulting "desirable" level of Plan assets is referred to as the "accrued
liability." A Plan with assets exactly equal to the accrued liability is "on schedule," with
only a consistent level of employee and employer contributions required to stay on
schedule. A Plan with assets less than the accrued liability has what is referred to as an
"unfunded liability," and must temporarily increase contributions to get back on
schedule. A Plan with assets in excess of the accrued liability is said to have "excess
assets," and therefore can temporarily reduce contributions until it is back on schedule.
Prior to this amendment, the City's Miscellaneous Plan reflected excess assets estimated
at $26.5 million. With the decrease in excess assets as a result of this amendment,
CalPERS estimates that the total excess assets will amount to $9.4 million.
3) Change in the Total Employer Rate 8.631%
CalPERS is estimating that the employer contribution rate necessary to keep the Plan on
schedule after factoring in the impact of this amendment along with the Survivor's
Benefit already added earlier this fiscal year will be 8.631% of reportable wages. This
contribution rate amounts to approximately $3.6 million annually.
it is expected that the City's pension contribution costs for both Miscellaneous and
Safety Plans will increase significantly over the next few years due to other factors,
such as the recent implementation of including employer paid member contributions in
the amount of wages subject to retirement benefits, and the reported poor performance
of the CalPERS investment portfolio over the last couple of years. Staff is involved in an
ongoing dialogue with CalPERS staff regarding alternative funding scenarios aimed at
spreading the cost of this amendment and other recent enhancements over a longer
period of time, thereby minimizing the annual budgetary impact. Staff is also reviewing
the feasibility of issuing another series of Pension Obligation Bonds similar to the
transaction the City utilized in 1994 in order to minimize the cost of these important
employee benefits.
FISCAL IMPACT: Since the effective date of the recommended contract amendment
is approximately half way through the current fiscal year (12/27/02), the estimated
fiscal impact for this fiscal year is an increase in expenditures of $1,786,033. It is being
recommended that the current year cost be funded through unanticipated program
revenues resulting from the cost increase consisting primarily of staff cost
reimbursements from special funds ($374,848), developer staffing contracts, etc.
($346,185), unanticipated general revenues consisting of Secured Property Taxes
($480,000), Investment Pool Interest Earnings ($170,000) and unanticipated one-time
general revenues consisting of Landfill Impact Fees ($415,000). It should be noted that
these one-time fees will not likely be available to fund the ongoing cost of this contract
amendment in future years resulting in the need to identify other funding sources or
offsetting program reductions during the budget development process.
Exhibits:
1) Amendment To Contract Between the Board of Administration California Public
Employees' Retirement System and the City Council of the City of Chula Vista.
TAE/te
CalPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Chula Vista
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1948, and witnessed August 31, 1948, and as amended effective October 1,
1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1, 1967,
September 28, 1973, October 4, 1973, October 8, 1976, April 16, 1981, January 8,
1982, September 28, 1984, July 3, 1987, October 13, 1989, September 27, 1990,
Novbmber 16, 1990, January 4, 1991, September 6, 1991, October 7, 1994, June 28,
1995, May 29, 1998, April 7, 2000 and July 1, 2002 which provides for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs I through 15 are hereby stricken from said contract as executed
effective July 1, 2002, and hereby replaced by the following paragraphs
numbered 1 through 16 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 60 for local miscellaneous members and age 50 for local safety
members.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1948 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. Effective October 4, 1973 and prior to January 1, 1975, those members
who were hired by Public Agency on a temporary and/or seasonal basis
not to exceed 6 months were excluded from PERS membership by
contract. Government Code Section 20336 superseded this contract
provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January
1, 1975. Legislation repealed and replaced said Section with Government
Code Section 20305 effective July 1, 1994.
6. This contract shall be a continuation of the contract of the Montgomery
Fire Protection District, hereinafter referred to as "Former Agency". The
accumulated contributions, assets and liability for prior and current service
under the Former Agency's contract shall be merged pursuant to Section
20506 of the Government Code. Such merger occurred January 1, 1986.
a. All benefits provided under this contract shall apply to all past
service for former employees of the Montgomery Fire Protection
District.
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after the date of this contract
amendment shall be determined in accordance with Section 21354 of said
Retirement Law (2% at age 55 Full).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after the date of this contract amendment shall be
determined in accordance with Section 21354.3 of said Retirement Law
(3% at age 60 Full).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20965 (Credit for Unused Sick Leave).
b. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members on or before September 28, 1973).
c. Section 21325 (One-Time 3% to 15% Increase For Local
Miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1,2002.
d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for local safety members only.
e. Section 20516 (Employees Sharing Cost of Additional Benefits):
Section 21362 2% @ 50 Full formula
From and after September 28, 1984 to July 1, 1985 the safety
employees of Public Agency shall be assessed an additional
0.341% of their compensation for a total contribution rate of 9.341%
pursuant to Government Code Section 20516.
f. Section 21574 (Fourth Level of 1959 Survivor Benefits).
g. Section 20042 (One-Year Final Compensation).
h. Section 20426 ("Local Police Officer" shall include any officer or
employee of a police department employed to perform
communication duties and who elected to become a local safety
member on August 25, 1973).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
i. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
j. Section 21623.5 ($5,000 Retired Death Benefit).
k. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance) for local miscellaneous members only.
12. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
October 8, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
13. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
14. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, ail assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
15. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
16. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributigps is paid for any period, proper adjustment shall be made in
connectie,~ with subsequent remittances. Adjustments on account of
errors i..~'ontributions required of any employee may be made by direct
paym~:~ between the employee and the Board.
B. This ame.r~'"ent shall be effective on the __ day of ,
BOARD OF Ali~-~NISTRATION CITY COUNCIL
PUBLIC EM~./;~OYEES' RETIREMENT SYSTEM CITY OF CHULA VIS.T,.'~,
ACTL~IAL & EMPLOYER SERVICES DIVISION
PU.~ EMPLOYEES' RETIREMENT SYSTEM
z.~ Wi t n ~,(~.O a tc.~¢"~e
Att~e~
~-.~lerk
AMENDMENT
PERS-CON-702A (Rev. 8\96)
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETVVEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF CHULA VISTA
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System
by the execution of a contract, and sets forth the procedure by which said
public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption
by the governing body of the public agency of a resolution giving notice of
its intention to approve an amendment to said contract, which resolution
shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21354.3 (3% @ 60 Full formula) for
local miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the
contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit" and by this reference made a part hereof.
By:
Presiding Officer
Title
Date adopted and approved
(Amendment)
CQN-302 (Rev 4/96)
CalPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Chula Vista
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1948, and witnessed August 31, 1948, and as amended effective October 1,
1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1, 1967,
September 28, 1973, October 4, 1973, October 8, 1976, April 16, 1981, January 8,
1982, September 28, 1984, July 3, 1987, October 13, 1989, September 27, 1990,
November 16, 1990, January 4, 1991, September 6, 1991, October 7, 1994, June 28,
1995, May 29, 1998, April 7, 2000 and July 1, 2002 which provides for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 15 are hereby stricken from said contract as executed
effective July 1, 2002, and hereby replaced by the following paragraphs
numbered I through 16 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 60 for local miscellaneous members and age 50 for local safety
members.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1948 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. Effective October 4, 1973 and prior to January 1, 1975, those members
who were hired by Public Agency on a temporary and/or seasonal basis
not to exceed 6 months were excluded from PERS membership by
contract. Government Code Section 20336 superseded this contract
provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January
1, 1975. Legislation repealed and replaced said Section with Government
Code Section 20305 effective July 1, 1994.
6. This contract shall be a continuation of the contract of the Montgomery
Fire Protection District, hereinafter referred to as "Former Agency". The
accumulated contributions, assets and liability for prior and current service
under the Former Agency's contract shall be merged pursuant to Section
20508 of the Government Code. Such merger occurred January 1, 1986.
a. All benefits provided under this contract shall apply to all past
service for former employees of the Montgomery Fire Protection
District.
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after the date of this contract
amendment shall be determined in accordance with Section 21354 of said
Retirement Law (2% at age 55 Full).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after the date of this contract amendment shall be
determined in accordance with Section 21354.3 of said Retirement Law
(3% at age 60 Full).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
11. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20965 (Credit for Unused Sick Leave).
b. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members on or before September 28, 1973).
c. Section 21325 (One-Time 3% to 15% Increase For Local
Miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for local safety members only.
e. Section 20516 (Employees Sharing Cost of Additional Benefits):
Section 21362 2% @ 50 Full formula
From and after September 28, 1984 to July 1, 1985 the safety
employees of Public Agency shall be assessed an additional
0.341% of their compensation for a total contribution rate of 9.341%
pursuant to Government Code Section 20516.
f. Section 21574 (Fourth Level of 1959 Survivor Benefits).
g. Section 20042 (One-Year Final Compensation).
h. Section 20426 ("Local Police Officer" shall include any officer or
employee of a police department employed to perform
communication duties and who elected to become a local safety
member on August 25, 1973).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
i. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
j. Section 21623.5 ($5,000 Retired Death Benefit).
k. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance) for local miscellaneous members only.
12. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
October 8, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
13. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
14. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of.
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
15. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
16. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection. with subsequent remittances. Adjustments on account of
errors in ~ontributions required of any employee may be made by direct
payment~etween the employee and the Board.
~
B. This amend~t shall be effective on the day of
~1I ~
BOARD OF AD~STRATION CITY COUNCIL .þ-
PUBLIC EMP:~ES' RETIREMENT SYSTEM CITY OF CHULA VI~
~ ~
~~NNT MARZION. CHIEF ~~ESIDING OilER
ACTUA & EMPLOYER SERVICES DIVISION r~
PUBLl6âV!PLOYEES' RETIREMENT SYSTEM ~
& ß-
!;:¡ Witness~ate
'<: <:)'V
(¡..) A~t:
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,.<..
~
«.'v
Clerk
AMENDMENT
PERS-CON-702A (Rev. 8\96)
/t/~lS'
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA
VISTA TO PROVIDE SECTION 21354.3 (3% @ 60 FULL
FORMULA) FOR ALL ACTIVE LOCAL MISCELLANEOUS
MEMBERS
The City Council of the City of Chula Vista does ordain as follows:
Section 1.
That an amendment to the contract between the Board of Administration, California
Public Employees' Retirement System and the City Council of the City of Chula Vista
is hereby authorized, a copy of said amendment being attached hereto, marked
Exhibit, and by such reference made a part hereof as though herein set out in full.
Section 2.
The Mayor of the City of Chula Vista is hereby authorized, empowered, and directed
to execute said amendment for and on behalf of said Agency.
Section 3.
This Ordinance shall take effect thirty (30) days after the date of its adoption, and
prior to the expiration of fifteen (15) days from the passage thereof shall be published
at least once in the Chula Vista Star News, a newspaper of general circulation,
published and circulated in the City of Chula Vista and thence forth and thereafter the
same shall be in full force and effect.
Presented by:
Approved as to form by:
Robert Powell
Assistant City Manager
n M. Kaheny
ity Attorney
J:fattorneyfordf3%60
/¥-/G
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FISCAL YEAR 2003 BUDGET
APPROPRIATING FUNDS TO COVER THE COST OF THE
CONTRACT AMENDMENT
WHEREAS, on August 28,2001, the Council approved labor agreements with the
City's miscellaneous groups, which included certain retirement benefit enhancements;
and
WHEREAS, the CalPERS contract amendment must be adopted in order to
implement the change in the basic pension benefit fonnula and the appropriation of funds
is needed to cover the cost of the contract amendment; and
WHEREAS, since the effective date of the recommended contract amendment is
approximately half way through the current fiscal year (12/27/02), the estimated fiscal
impact for this fiscal year is an increase in expenditures of$1,786,033; and
WHEREAS, Exhibit A sets forth the FY03 Budget Amendments and
Appropriations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby amend the Fiscal Year 2003 budget appropriating funds to cover
the cost of the PERS contract amendment as set forth in Exhibit "A", attached hereto and
incorporated herein by reference as if set forth in full.
Presented by
Approved as to fonn by
Robert Powell
Assistant City Manager
J:/attorney/reso/appropriation 3%60
/s? -/ 7
Exhibit A FY03 Budaet Amendments and Appropriations
General Fund Appropriations and Offsetting Revenues
Personnel Services
City Council
City Clerk
City Attorney
Administration
MIS
Human Resources
Finance
Community Development
Planning & Building
Engineering
Police
Fire
Public Works
Parks & Recreation
Library
Nature Center
Total General Fund Appropriations
Parking Meter Fund
Central Garage Fund
Total Appropriations Other Funds
Total Appropriations
$17,464.00
$18,270.00
$46,151.00
$142,893.00
$73,648.00
$65,851.00
$70,682.00
$72,81 g.oo
$217,768.00
$247,102.00
$223,563.00
$12,401.00
$336,883.00
$62,74100
$133,345.00
$19.944.00
$1,761,525.00
$2,306.00
$22.202.00
$24,508.00
$1,786,033.00
Less: Offsetting Program Revenues
Reimbursements
Fees
Total Program Revenues
$374,848.00
$346.185.00
$721,033.00
Net Cost to be covered by Discretionary Revenues
$1,065,000.00
/7L-&
Other Fund Appropriations needed for General Fund Reimbursements
Other Expenses
241 - Parking Meter Fund
317 - Redev Low & Mod Income Hous
351 - Town Centre Landscp Dist 1
352 - Bay Blvd Landscape
353 - Eastlake Maint Dist 1
354 - Open Space District 1
355 - Open Space District 2
356 - Open Space District 3
357 - Open Space District 4
358 - Open Space District 5
359 - Open Space District 6
361 - Open Space District 7
362 - Open Space District 8
363 - Open Space District 9
364 - Open Space District 10
365 - Open Space District 11
367 - Open Space District 14
368 - Open Space District 15
369 - Open Space District 17
371 - Open Space District 18
372 - Open Space District 20
373 - Open Space District 23
374 - Open Space District 24
375 - Open Space District 26
376 - Open Space District 31
387 - Cfd 98-3 Sunbow 2
388 - Community Facility Dst 97-1 OR
389 - OR Vii 1,2,6,7,12
401 - Bf Trolley Tda
541 - Telegraph Cyn Sewer Basin DIF
571 - PF General Admin
591 - Trans DIF
611 - Redev BF Town Centre I Fund
651 - SWfTC IIIOty Vly Proj Areas
Toal Reimbursement Appropriations
Transfers Out
294 - Sewer Service Revenue Fund
301 - Storm Drain Revenue Fund
Total Transfer Appropriations
Total Appropriations Other Funds
/¥-/1
$5,383.00
$20,924.00
$191.00
$46.00
$1,468.00
$346.00
$73.00
$274.00
$400.00
$213.00
$104.00
$69.00
$306.00
$407.00
$412.00
$806.00
$1,806.00
$107.00
$24.00
$786.00
$6,597.00
$85.00
$145.00
$42.00
$674.00
$2,783.00
$5,228.00
$324.00
$46.00
$350.00
$27,014.00
$7,006.00
$40,129.00
$37.324.00
$161,892.00
$198,900.00
$14.056.00
$212,956.00
$374,848.00
CITY COUNCIL AGENDA STATEMENT
Item: / ~
Meeting Date: 8/20/02
ITEM TITLE: Public Heating: PCC 02-34; Conditional Use Permit, to install, operate
and maintain a wireless communications facility consisting of two 15-
foot-high monopines to support a total of three antenna arrays, two
microwave dishes, and one GPS antenna; and an associated 45-square-foot
equipment enclosure behind a single-family home located at 455 Quail
Court. Applicant: Verizon Wireless
A Resolution of the City Council of the City of Chula Vista granting
approval of Conditional Use Permit, PCC-02-34, to Verizon Wireless to
construct an unmanned wireless communications facility at 455 Quail
Court.
SUBMITTED BY: Director of Planning and Building ~
C~C ~ (4/5ths Vote: Yes No X)
REVIEWED BY: City Manager ,fo ~
Verizon Wireless is requesting a Conditional Use Permit to install, operate and maintain an
unmanned wireless communications facility consisting of two 15-foot-high monopines to
support a total of three antenna arrays, two microwave dishes, and one GPS antenna; and an
associated 45-square-foot equipment enclosure behind a single-family home located at 455
Quail Court. The monopines proposed would be approximately 70-90 feet south of existing
Pacific Bell/Cingular antennas located on the same lot.
The Environmental Review Coordinator has concluded that this project is a Class 3(c)
categorical exemption from environmental review (CEQA Section 15303, new construction of
small structures).
BOARDS/COMMISSIONS RECOMMENDATION: On June 12, 2002, the project was
brought before the Planning Commission, who voted 5-1-1 to recommend that the City Council
deny the Conditional Use Permit (see draft minutes, Attachment 3). On July 10, 2002, by a
vote of 5-0-2, the Planning Commission adopted Resolution PCC-02-34 (memorializing their
decision on June 12m), which recommends that the City Council deny the Conditional Use
Permit for PCC-02-34.
RECOMMENDATION:
That the City Council adopt the resolution approving the wireless communications facility
proposed at 455 Quail Court.
Page 2,Item:
Meeting Date: 8/20/02
DISCUSSION:
1. Site Characteristics
The project site is a developed. 19-acre single-family lot at the end of a cul-de-sac street
lined with other developed single-family lots of approximately the same size. The site is
occupied by a 1,344-square-foot home and a Pacific Bell/Cingular wireless
comxnunications facility, consisting of two 8-foot-high monopoles with 7-foot-high
antennas mounted on each pole, and a 75-square-foot equipment cabinet. The existing
wireless facility, administratively approved in 1996, is in the northwest comer of the lot,
behind the house, and adjacent to 1-805. The proposed facility would be 70-90 feet south
of the existing facility in the backyard of the lot. Beyond the site, single-family
residential homes are adjacent to the north, south, east and west.
2. General Plan, Zoning and Land Use
General Plan Zoning Current Land Use
Site: Residential LowLMedium R-1 Single-Family Residential and
Pac Bell/Cingular Wireless Facility
North: Residential - Low/Medium R-1 Single-Family Residential
South: Residential Low/Medium R-I Single-Family Residential
East: Residential - Low/Medium R-1 Single-Family Residential
West: Residential - Low/Medium R-1 Single-Family Residential & 1-805
3. Proposal
Verizon Wireless is requesting a Conditional Use Permit to install, operate and maintain
an unmanned wireless communications facility in the backyard of a single-family
residence at 455 Quail Court. The project consists of two 15-foot-high monopines to
support a total of three antenna arrays, two microwave dishes and one GPS antenna, and
a 45-square-foot equipment enclosure.
The two monopines, which will be approximately seven feet from the rear property line,
and 8 to 10 feet from the back of the house. They will be simulated "sugar pines" with
round, brown rubber trunks, to support a total of three antenna arrays, two microwave
dishes, and one GPS antenna. The antennas will be painted to match the pine branches.
The equipment enclosure will be four feet from the mar property line and 6 [5 feet from
the back of the house. It will measure 17' long by 2'-7" wide (45-square-feet), and will
be placed on a concrete slab 18'-10" long by 3'-6" wide.
The facility at the site proposed would enhance service along 1-805 and the surrounding
residential homes and streets within the general radius of the project.
Page 3,Item:
Meeting Date: 8/20/02
The proposed monopines supporting three antenna arrays for a wireless
communications facility is an Unclassified Use, according to Section 19.54 of the City
of Chula Vista Municipal Code. Section 19.54.010 states that matters "possess ing
characteristics of such unique and special form as to make impractical their being
included automatically in any classes of use as set forth in the various zones herein
defined" are unclassified uses, and, as such, are required to have conditional use
permits. Section 19.54.020 requires the project to be considered by the City Council,
upon recommendation by the Planning Commission.
The Pacific Bell/Cingular wireless communications facility that has been on the site
since 1996, was processed by the Zoning Administrator. Section 19.14.030 of the
Municipal Code empowers the Zoning Administrator to issue conditional use permits
"Where the use to be permitted does not involve the construction of a new building or
other substantial structural improvements on the property in question." The 15-foot-
high poles/antennas erected on the property for the existing facility were not considered
to be a "substantial structural improvement." In recent years, however, the city has
consistently processed any new structures for wireless communications facilities
(including monopines and monopalms) through the public hearing process.
4. Public Input
Prior to the Planning Commission hearing, six letters (Attachment 4) opposing the project
were received from neighbors residing on Quail Court. They primarily expressed
concems that their health could be jeopardized by radio frequency emissions from the
antennas located so close to their homes.
The owner of the home at 455 Quail Court (Mrs. David T. Homley) also submitted a
letter (Attachment 5). She requested that City Council approve the project.
5. Planning Commission Concerns
The Planning Commission recommended that City Council deny a conditional use permit
for the proposed project. Concerns expressed by members of the Comxnission included:
A. That the proposed project would be a commercial use in a residential zone.
B. That the neighbors perceive the proposed project to be a health risk.
C. That it appears as if no effort was made by the applicant to find a different
location for the facility.
6. Analysis
The proposed facility would be located on a hillside in an R-1 zone, east of 1-805 and
north of Olympic Parkway. It would be the second wireless facility on the site. (Pacific
Bell/Cingular is already there.) While the Municipal Code allows wireless facilities in
residential zones, staff is only supportive of such facilities if they meet certain criteria,
Page 4,Item:
Meeting Date: 8/20/02
including: the applicant has demonstrated that there is a need for the facility at this
particular location, and that alternative sites would not work; and the facility is a stealth
design. In addition, staff'encourages two or more service providers to use a common site
("co-location").
Verizon Wireless needs additional coverage to serve its ever-increasing customer base,
and the proposed site is ideally suited to provide the added capacity. Without this cell
site in operation, customers may find that their calls are "blocked" (they are unable to
place or receive calls in the area due to heavy cellular traffic). This cell site will also "fill-
in" or strengthen areas of weak coverage which will prevent "dropped" calls in those
areas that are not served well by one or more of Verizon's existing cell sites.
The monopines for the proposed facility are stealth, that is, they are designed to blend
into the surrounding environment, and to be visually unobtrusive. Their height of 15 feet
is 13 feet lower than the maximum allowable height of 28 feet in the R-1 Zone. Their
resemblance to live sugar pine trees will assure that the poles blend into the surrounding
environment, and will provide an unobtrusive structure to attach antennas that will be
painted to match the pine branches.
The unmanned wireless communications facility is a passive use and will have no impact
on other properties in the surrounding area. After an initial construction period of 30 to
45 days, the only traffic generated will be for routine maintenance visits, typically once
or twice a month. There are no activities that will produce airborne emissions, odor,
vibration, heat, glare, or noxious and toxic materials. All equipment and mater/als needed
to operate the site will be located in the equipment enclosure. The facility does not
require water or sanitary facilities and, therefore, will generate no wastewater.
Regarding pubic health and safety concerns related to emissions, wireless
communications facilities are required to be in compliance with ANSI standards for
EMF emissions. The Federal Communications Commission (FCC) enforces the ANSI
standards; however, if the City finds that the project does not comply with ANSI
standards, the City may revoke or modify the conditional use permit. City staff
provided this information to the six neighbors who wrote letters protesting this project.
Regarding the Planning Commission' s concerns and recommendation to deny the
project, staff does not consider the project to be a commercial use in a residential zone.
Verizon is a public utility, registered with the California Public Utilities Commission,
and the facility proposed would allow signal transmission, just as power poles on
private property transmit power to many people. (If the City Council considers the
proposed facility to be a commercial use in a residential zone, however, it has the
authority to grant a conditional use permit for such facility, per Chapter 19.24 (R-l-
Single-Family Residence Zone) and Chapter 19.54 (Unclassified Uses) of the Chula Vista
Municipal Code. The R-1 zone allows unclassified uses, with a conditional use permit.)
Verizon Wireless is a licensee authorized by the FCC to provide wireless services in this
region. As such, Verizon must establish a network of wireless communications facilities
in the metropolitan area and beyond.
Page 5,Item:/~''~
Meeting Date: 8/20/02
The Commission had concerns that the applicant did not seek locations other than the
proposed site. However, alternative sites were investigated. As noted above, the city
encourages providers to co-locate on a common site; therefore, Verizon investigated the
proposed site. In addition, the Albertson's Center at Orange and Melrose was considered.
This site was eliminated because an agreement could not be made with the owner of the
building. A second site considered was a Mexican restaurant just east of Albertson's. It
was eliminated due to construction concerns and lack of room. Halecrest Park at East J
Street and 1-805 was considered, as well. It was eliminated because there are no utilities
(power and telephone lines) available there.
The applicant has prepared responses to issues brought up by the Planning Commission.
They are attached (Attachment 6).
7. Conclusion
The Planning Commission recommended denial of the proposed conditional use permit
because:
· They believe that the wireless communications facility would be a commercial
use in a residential zone; and
· It did not appear that the applicant sought alternative sites for the proposed
facility.
Staff believes that the wireless communications facility would not be a commercial use
is a residential zone, and that the applicant has demonstrated that alterative sites were
investigated. A draft resolution approving the conditional use permit is also attached.
It includes four findings made by staff, who believes the proposal is consistent with the
City of Chula Vista Municipal Code and the General Plan.
FISCAL IMPACT: There will be no fiscal impact to the General Fund. The applicant will be
responsible for all processing fees.
Attachments
1. Locator Map
2. Planning Commission Resolution
3.6/12/02 Planning Commission Minutes
4. Letters from citizens
5. Letter from proper~ owner of 455 Quail Court
6. Comments from applicant
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PROJECT
lOCATION
?I'-R¥-'t-JI'-'<
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: JOHN BEKE I TETRA TECH WIRELESS CONDITIONAL USE PERMIT
PROJECT 455 QUAIL COURT
ADDRESS: Request: Proposal for the construction and operation of a
wireless telecommunication facility to include: two 15 feet tall
SCALE: FILE NUMBER: monopines and equipment cabinets.
NORTH No Scale PCC-02-34
h:lhomelplanningIDAlllocatorsIPCC0234.cdr 01/1 B/02 /.;;;¡-- t.
ATTACHMENT 1
RESOLUTION NO. PCC-02-34
A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL DENY A
CONDITIONAL USE PERMIT, PCC-02-34, (VERIZON WIRELESS) TO
CONSTRUCT AN UNMANNED WIRELESS COMMUNICATIONS
FACILITY AT 455 QUAIL COURT.
WHEREAS, a duly verified application for a conditional use permit was filed with the City
ofChula Vista Planning Department on January 9,2002 by Verizon Wireless ("Applicant"); and,
WHEREAS, said Applicant requested permission to construct an unmanned wireless
communications facility, including two 15-foot-high monopines to support a total of three antenna
arrays, two microwave dishes, and one GPS antenna; and a 45-square-foot equipment enclosure at
455 Quail Court; and,
WHEREAS, the Environmental Review Coordinator concluded that the project is a Class 3
(c) categorical exemption rrom environmental review, CEQA Section 15303, new construction of
small structures; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on said
project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners and residents within
500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely June 12,2002
at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and
said hearing was thereafter closed; and,
WHEREAS, the Planning Commission considered all reports, evidence, and testimony
presented at the public hearing with respect to this application.
NOW, THEREFORE, be it resolved that the Planning Commission does hereby recommend
that the City Council deny Conditional Use Permit PCC-02-34 in accordance with the findings and
subject to the conditions and findings contained in the attached City Council resolution.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 10th day of July 2002 by the following vote, to-wit:
1
/5-7
ATTACHMENT 2
AYES:
NOES:
ABSENT:
ATTEST:
Cortes, Hall, McCann, O'Neill, Thomas
Castaneda, Willett
Diana Vargas, Secretary
2
/S:-i
Kevin O'Neill, Chairperson
MINUTES OF THE
CITY PLANNING COMMISSION OE
CHULA VISTA, CALIFORNIA
Council Chambers
6:00 p.m. Public Services Building
Wednesday, June 12, 2002 276 Fourth Avenue, Chula Vista
3. PUBLIC HEARING: PCC 02-34; Conditional Use Permit to install two 15-f~.
monopines to support three antenna arrays, two
microwave dishes and one GPS antenna, and related
equipment enclosure located in the rear ofthe property,
at 45 Quail Court.
Background: Caroline Lewis, Planning Technician III, reported that Verizon Wireless
proposes to install a wireless communications facility to include two 15 foot monopines
and an equipment enclosure to be located behind a single-family home. The property is _
surrounded by single-family homes to the north, south and east, and 1-805 borders the
property to the west. Currently there are two Pacific Bell/Cingular Wireless 8 foot poles
with two antennas mounted to each pole that were approved in 1996.
The monopines would be located 13 feet from the rear of the house and approximately 6
feet from the rear property line. A 6 x 18 foot equipment enclosure would be located 3
feet from the monopines and painted to match the existing house.
Six written comments were received by neighborhood residents opposing the project
because of the proximity to their homes and the perceived radio frequency emissions or
radiation level from the antennas. Staff believes that health and safety concerns are
addressed by Condition #3, which requires all telecommunication facilities be in
compliance with ANSI standards and EMF emissions, which is enforced by the Federal
Communications Commission.
ATTACHMENT 3
Planning Commission Minutes - 4 - June 12~ 2002
Staff recommendation: That the Planning Commission approve CUP PCC 02-34 based
on the findings and conditions contained herein to install two 15-ft. monopines to
support three antenna arrays, two microwave dishes and one CPS antenna, and related
equipment enclosure located in the rear of the property, at 45 Quail Court.
Commission Discussion: DRAFT'
Commissioner O'Neill stated that the Commission has reviewed a considerable number
of these facilities in more appropriate locations such as on church properties, public
facilities and schools and asked for clarification from staff as to their rationale in
recommending approval of this proposal, 'which is clearly a commercial use in an R-1
zone.
Jim Sandoval clarified that under current wireless regulations, these uses are allowed in
single-family zones. The applicant proposed to install a stealth facility, therefore, staff
considered it could be handled administratively, however, since there was opposition
from the residents, it was deemed appropriate to refer it to the Planning Commission for
a public hearing. Furthermore, because the location is at the end of a cul-de-sac, there
are only two homes on each side and the closest thing to the facility would be 1-805.
Public Hearing Opened 7:15.
John Beke, representing Verizon Wireless, 357 Van Ness Way, Torrance, CA 905011
stated that this is not a commercial use in that they are a regulated public utility with the
California Public Utilities Commission. He addressed the safety concerns of the
surrounding neighbors and stated that the conditions contained in the resolution
adequately protect all residents in that they are required to be in compliance with FCC
regulations relating to EMF emissions.,
Public Hearing Closed 7:20.
Commissioner O'Neill stated that the stealth quality of the product and the EMF issue are
not points of concern to him, however, he cannot support a commercial use within an R-
1 single-family zone.
Commissioner Hall stated that perception is reality in the minds of the public with
respect to their concerns with EMF emissions. He further stated that from a public
relations standpoint, he would tike to see the telecommunication industry make an effort
to educate the general public on the facts about EMF emissions.
Commissioner Willett stated that he research the Zoning Code and found Section
19.22.030, which reads, "...satellite dish antennas shall be used for private non-
commercial purposes...", therefore, he opposes the proposal because it is a commercial
Planning Commission Minutes - 5 - June 12, 2002
use, for profit, in a residential zone. Additionally, he also wholeheartedly recommends
and educational outreach to the community regarding EMF emissions.
Commissioner Castaneda stated that he cannot make the necessary findings to approve
the project because it is incompatible with the surrounding neighborhood, therefore, he
will be voting against the project.
Commissioner O'Neill stated that it appears no effort was made by the apr
attempt to find another location for their facility, most likely due to an assumption that
because there already is an existing facility on~ that properS, it would be a "slam-dunk"
approval. Therefore, he is willing to recommend a continuance of this item in order to
allow the applicant the ability to exhaust the possibility of locating their facility at
another site.
Commission Cortes stated he concurs with Chair O'Neill's statement and supports his
recommendation for continuance.
MSC Cl'homaslWillett) (5-1-1-0) that the Planning Commission deny the application to
install two 15-ft. monopines to support three antenna arrays, two microwave dishes
and one CPS antenna, and related equipment enclosure located in the rear of the
property, at 45 Quail Court. Motion carried with Commissioner O'Neill voting against
it.
DIRECTOR'S REPORT:
Director Sandoval reviewed the upcoming schedule of Planning Commission meetings and reminded
the Commission that there will be a workshop on Wednesday, June 19 regarding the Genera[ Plan
Visioneering Training and an update on the Rec~evelopment area amendment.
ADJOURNMENT at 8:00 p.m. to th'e Planning Commission workshop of June 19, 2002.
Diana Vargas, Secretary to Planning Commission
ATTACHMENT 4
466 Quail Court
Chula Vista, CA 91911.
April 18, 2002 APR
TO WHOM IT MAY CONCERN: PLANNi~,iG
In reference to the antenna being instated at 455 Quail Court, we are againgt it because
of thc radiation being too close to the homes. We will have a grand child staying hem
fi'om time to time alld do llot Wallt this thing to be installed. We are concelned with the
various health problems that this could cause and would not want it to be installed.
James & Shirley Williams
19 April 2002
City of Chula of Chula
A ~ ~ N: Caroline Lewis
RE: Case number PC0-02-$4
Wireless Communication I=acility permit request
4§§ qu,',ii Court
~ T
Chula Vista, CA 91911 -~ _
T am the next door neighbor to the subject address. T went through this process when the
first wireless communication facility was proposed, approved and installed. The facility sits
next to my property line~ My concerns then as they are today, the health hazard of the
electro-magnetic field, the obnoxious appearance in a residential community and the effect
the facility will have on our property values.
Z was promised by the Planning Commission, the City representative and Pacific Bell, that
the electro-magnetic field (EMI:) would be tested within weeks of the first operation and
that T would receive word of the results. Tn addition, subsequent tests would be conducted
with word of the results being sent to me. T received a phone call informing me of the
initial EMI= test results, but no hard copy of the results. I have received nothing since that
time. As far as Z know, no subsequent tests have been conducted. With this history to
draw from, Z cannot believe Tetra Tach Wireless or the City will do any better following up
with EMI= tests on this newly proposed facility. EMF is real and is n hazard, as we are now
finding out. These antennas are just too dose to the people that live in this community.
My next concern was and is the awful appearance of these huge electric boxes and the mast
the antennas are attached to. Without exception, people that have visited my home that
were unaware of the placement of the antennas neoct door to me, had terrible negative
comments about them. This new proposal will be no different. These antennas are an eye
sore and should not be located in a residential community.
My last, but not least concern, was and still is the effect these antennas will have on my
property valve. ]: already know the answer to that. Having these installations next to my
home lowers my property value! ~Tust before the end of the year, T refinanced my home
which, of course, requires an appraisal. As the person doing the appraisal was walking
around my home, he noticed the antennas. He finished his work and as he was about to
leave, T asked him if he had any comments. He:said all was po~!tive~but he would,be.lowering
the final results by 3 to 4 thousand dollars because of the negative appearance of the
Zt is unfair for me to be penalized just because Pacific Bell, Tetra Tach and the City of
Chula Vista and my neighbors decide its a good idea to create a yard full of antennas next
door.
' You, the tit7 of Chula Vista, are supposed to be the watch dog, the police force for the
people. You are to be concerned for our health and protect our communities f~om
devaluation and degradation. The approval by the property owner of the proposed location
and company installing the units should not come with a forgone conclusion f~om you that his
permit request will be approved. Me, the individual prope~y owner should receive equal
consideration and protection.
Ve~/respectfully
461 C~uail Court
Chula Vista, CA 91911
Chula Vista, CA 91911 i~ti:; i~)i
April 18, 2002 ix "~i APF~ 1 8 2002
PLAN~{iNG ._~
City of Chula Vista,
We recently found out that there would be a second set of cellular antennas put on
the property at 455 Quail Court, which is a house next door to our own. This new
antenna is to be put in less than 30 feet from our second story bedroom doors and balcony
and we feel that the health hazard caused by the radiation could be dangerous to our
health as well as our daughter, son-in-law and grandchild who live with us.
There is already one unsightly antenna on that property and we feel that the
installation of another antenna would devalue our property value and the future sale of
our home especially since it will stand out above the single story house where it will be
installed. The reason we bought our home was that we had a nice view and we do not
feel that some fake looking palm tree would be pleasing to look at.
We have decided that our future health and the fact that we feel that the antenna
will devalue our property has made it worth our time and energy to fight through what
ever obstacles may be involved. We have contacted a group of people who will help us
secure information against harmful effects caused by cellular devices and will present
more information at a later date.
We sincerely hope that you will reconsider the placement of this antenna and look
at more practical places where it is not right at the back door of residences. We do not
feel that enough inconclusive evidence is available to make us feel safe with such a
device so close to where we spend 35% of our time.
Sincerely yours,
Dave Helton and Ju (,, _
Planning Department
City of Chula Vista
276 4t~ Ave
Chula Vista, Ca. 91910
Re: PCC 02-34
455 Quail Ct.
Chula Vista, Ca. 91911
To Whom It May Concern:
I am the property owner of 455 Quail Ct.. I have been informed by
Verizon Wireless that you have received letters against the installation
of the facility they wish to install in our back yard. This was also tried
at the time of the first wireless facility.
In 1996 you approved the installation ofa Cingular wireless Facility in
the back yard of my property. At the onset of the first installation Mr.
Helton who lives next door we understand, had been approached by
Pacific Bell to check his yard for the possible site of the facility. After
the research was complete, they found that our yard was better and we
were approached to allow this installation.
Cingular just completed an addition to their original installed antenna.
They were allowed to do this without incident.
The new facility is much more attractive than the present antenna. My
property as I am sure you are aware is in the back of the cul-de-sac
making my yard away from the other residence. The proposed antenna
will not be visible from the street, only the 805 freeway. There is a large
tree in Mr. Heltons yard that will block the antenna from his yard.
In 1996 before we allowed this installation, I checked on aH the possible
health issues surrounding this facility. I could find nothing negative. At
the time I had custody of my two grand children ages 9 and 12}. I was
concerned for their health. There was nothing I could find and they are
both healthy as am I.
ATTACHMENT 5
The other letters you received, were solicited by Mr. Dave Helton. I feel
that he is just resentful because his yard was not chosen for antenna'~. I
feel this is a little political since Mr. Helton is an employee of the City of
Chuia Vista. I do consider it a conflict of interest on his part.
If you look at a plot map of the area, you will see that there is a good
distance between the houses. They were built in 1968 the majority of
the neighborhood are original owners. I have owned my house since
May 1981.
I hope you will find in favor of Verizon after all there is already one
facility there, what is the problem with the second? Could it possibly be
Mr. Heltons being a city employee? I would hope not.
Your consideration in this matter is greatly appreciated.
Thank You,
4800 Vegas Valley Dr. #149
Las Vegas, Nv. 89121-3339
Cc: Verizon
Mayor Horton
OlficePhone(310) 7836434 John Beke
On 3uno 12, 2002, the Planning Commission denied Verizon Wireless' request to
install a wireless communication facility at 455 Quail Court (PCC-02-34). Verizon
Wireless believes that Conditional Use Permit PCC-02-34 was denied by the
Planning Commission in errorfor the following reasons.
The commission was stuck on the erroneous belief that the facility
constituted a commercial use in a residential zone, i.e. home business.
Verizon Wireless is a public utility, registered with the California Public Utilities
Commission as (U-3001-C). The site is a piece of hardware that allows signal
transmission, which is no different from a power pole placed on private property
to transmit power to many people. The proposed site is no more a commercial
use, than the regular telephone service or electricity for residential use. Further,
as a licensee authorized by the Federal Communications Commission to provide
wireless services in this region, Verizon Wireless must establish a network of
wireless communication facilities in the metropolitan area and beyond.
The commission denied the permit on the basis of the perceived
harmful environmental effects of radio frequency emissions.
Verizon Wireless believes the decision to deny was inspired by fear of the
perceived harmful effects of EMF emissions, which is prohibited by Section 332
(c) (7) of the 1996 Telecommunications Act.
The proposed Verizon Wireless facility caused local residents to send complaint
letters which all mentioned the perceived harmful effects of EtqF emissions. Staff
crafted Condition Number 3 to protect all members of the public, including the
residents of the house on the subject property. One commissioner blatantly said
words to the effect that even though he was aware he could not consider fears
of EMF harm, "perception rules the day" and cited pemeption o£ harm as his
reason for his vote to deny.
The commission chairman stated that he was concerned about setting
precedence.
The precedence, if any, was set in 1996 with the approval of the existing
Cingular facility. Verizon Wireless believes that no precedence exists or would be
set by approving this facility because all wireless facilities in the City of Chula
Vista are subject to discretionary approvals such as this permit where each site
would be evaluated on it's own merits.
ATTACHMENT 6
No opposition was present at the hearing.
Verizon Wireless believes that the leader of the letter writing campaign, which
sent two letters on his behalf, is envious of the subject property owner's income
from the existing and proposed wireless facilities. ~If the neighborhood was truly
united in their opposition, someone would have shown up. The credibility of the
opposition was diminished by the fact that not one person chose to spend one
hour of their time to attend the meeting.
The commission was unsure that we needed to be at tills particular
site.
There is a small "hole" in Verizon's coverage along this stretch of l~nterstate 805.
Alter analysis of the property in the area, the logical choice was the subject
property chiefly because of the existence of the Cingular facility and the City of
Chula Vista's desire to co-locate wireless facilities.
As the Verizon Wireless system evolves, Verizon engineers are designing new
sites near or on residential property in order to provide improved service to the
very people who demand it.
The 1996 Telecommunications Act also prohibits local jurisdictions from
discriminating among providers. Verizon Wireless is checking with their legal
counsel to determine if the commission's action constitutes discrimination, as
Cingular was approved and Verizon denied.
Verizon Wireless requests that the Chula Vista City Council examine the
casef decide based on its physical merits rather than fear, and support
the findings made by planning staff when reversing the Planning
Commission's denial.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING APPROVAL OF CONDITIONAL USE
PERMIT, PCC-02-34, TO VERIZON WIRELESS TO CONSTRUCT
AN UNMANNED WIRELESS COMMUNICATIONS FACILITY AT
455 QUAIL COURT.
A. RECITALS
1. Project Site
WHEREAS, the parcel that is the subject matter ofthis resolution is represented in
Exhibit A attached hereto and incorporated herein by this reference, and for the
purpose of general description is located at 455 Quail Court ("Project Site"); and
2. Project Applicant
WHEREAS, on January 9, 2002 a duly verified application for a Conditional Use
Permit (PCC-02-34) was filed with the City of Chula Vista Planning Division by
Verizon Wireless; and,
3. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests permission to construct an umnanned wireless
communications facility consisting of two 15-foot-high monopines to support a total
of three antenna arrays, two microwave dishes and one GPS antenna; and a 45-
square-foot equipment enclosure on the Project Site; and,
4. Enviromnental Determination
WHEREAS, the Enviromnental Review Coordinator determined that the Project is
a Class 3 Categorical Exemption from enviromnental review pursuant to the
California Enviromnental Quality Act; and
5. Planning Commission Record on Application
WHEREAS, the Planning Commission hearing was scheduled and advertised for
June 12,2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at which
time the Planning Commission voted 5-1-1 to recommend that the City Council deny
the Project based on the findings listed in Planning Commission Resolution PCC-02-34;
and,
/s-;?t/
WHEREAS, on July 10, 2002, the Planning Commission adopted written findings
reflecting their June 12, 2002 action and accepted the resolution of denial for the
wireless communications facility by a vote of 5-0-2; and,
6. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was to be held
before the City Council of the City of Chula Vista on August 13, 2002 to receive
the recommendation of the Planning Commission, and to hear public testimony
with regard to same; and,
WHEREAS, the hearing was continued to August 20, 2002.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this Project held on June 12, 2002 and the minutes
and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
C. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the enviromnental determination of the
Enviromnental Review Coordinator and the Planning Commission was reached in
accordance with requirements of the California Enviromnental Quality Act, the State EIR
Guidelines, and the Enviromnental Review Procedures of the City of Chula Vista.
D. CONDITIONAL USE PERMIT FINDINGS
The City Council ofthe City of Chula Vista does hereby make the findings required by the
City's rules and regulations to approve the issuance of conditional use permits, as herein
below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated
finding to be made.
1. That the proposed use at this location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed use at this location is necessary and desirable to provide and improve
telecommunications along 1-805, arterial streets, and surrounding residences in the general
radius of the site. Improved coverage and capacity for this system will ensure availability
Page 2 of7
/s=-~S"
to business users, personal users, and emergency service providers (including sheriff,
police, fire, and paramedics), thus enhancing emergency service and response.
In addition, co-locating this facility at the proposed site, where there has been a competing
wireless provider since 1996, helps to limit the number of new sites in the city for wireless
communications facilities.
2. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The proposed use will not pose a danger to the health, safety or general welfare to the
general public. Accessibility to clear and reliable communications, which can continue to
function in the event of an emergency or natural disaster, may help to enhance the general
health, safety, and welfare of the citizens of Chula Vista. The facility will comply with
the Federal standards for radio frequency emissions, and has been conditioned to require
that the applicant prove compliance with the accepted ANSI standards for emissions
control. The proposed monopine and equipment shelter will be designed in a way to
conform to the existing enviromnent and landscape, thereby significantly mitigating its
negative visual impact.
3. That the proposed use will comply with the regulations and conditions specified
in the code for such use.
This Conditional Use Permit is conditioned to require the permittee and property owner to
fulfill conditions and to comply with all applicable regulations and standards specified in
the Municipal Code for such use. The conditions of this permit are approximately in
proportion to the nature and extent of the impact created by the proposed development in
that the conditions imposed are directly related to and are in an area within the nature and
scope related to the size and impact of the project to this enviromnent. All necessary
permits from the City to install, operate, and maintain the facility will be obtained.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The granting of this permit will not adversely affect the Chula Vista General Plan in that
said project is proposed to be built in a location with minimal impact on the already
existing land use, and virtually no visual impact on the existing area due to the stealth
design of the monopines. Monthly maintenance visits that the project may generate will
not result in the intensification of the use of the site and is an insignificant increase in the
traffic for the neighborhood.
Page 3 of?
/'
/S -20
E. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-02-34 subject to the
following conditions whereby the applicant and/or property owner shall:
I. Construct the project as shown in conceptual plans submitted March 15, 2002, and
photo simulations submitted January 9, 2002. This permit shall be limited to
providing Verizon Wireless, a wireless communications provider, the entitlement to
locate a facility at this location, and cannot be sold or leased to another provider
without a reapplication for a conditional use permit.
2. Cooperate with other telecommunication companies in co-locating additional
antennas on subject property, provided said co-locaters have received a conditional
use permit for such use at said site from the City. Permittee shall exercise good faith
in co-locating with other communications companies and sharing the subject
property, provided such shared use does not give rise to a substantial technical level
or quality of service impairment of the permitted use (as opposed to a competitive
conflict or financial burden). In the event a dispute arises as to whether Permittee has
exercised good faith in accommodating other users, the City may require a third party
technical study at the expense of either or both the Permittee and the applicant.
3. Comply with ANSI standards for EMF emissions. Within six (6) months of the
Building Division final inspection of the project, the Applicant shall submit a project
implementation report to the Director of Planning and Building which provides
cumulative field measurements of radio frequency (EMF) power densities of all
antennas installed at subject site. The report shall quantify the EMF emissions and
compare the results with currently accepted ANSI standards. Said report shall be
subject to review and approval by the Director of Planning and Building for
consistency with the project proposal report and the accepted ANSI standards. If on
review the City in its discretion finds that the Project does not meet ANSI standards,
the City may revoke or modify this conditional use permit.
4. Ensure that the project does not cause localized interference with reception of area
television or radio broadcasts, including local radio frequencies used by local
school districts and water districts. If on review the City, in its discretion, fmds
that the project interferes with such reception, the City may revoke or modify the
conditional use permit.
5. Access to the equipment enclosure and antennas shall be restricted to service
personnel and limited to a maximum of two visits per month during daytime hours
for routine non-emergency maintenance.
6. All lighting for the equipment enclosure shall be in conformance with Section
17.28.020 of the Municipal Code. Any lighting plan shall include shielding to
Page 4 of?
/5-';7
remove any glare from adjacent residents, and shall be reviewed and approved to the
satisfaction ofthe Planning and Building Director.
7. Comply with the City's Municipal Code noise standards. Within three (3) months of
the Building Division's final inspection, the applicant shall submit a report to the
Director of Planning and Building which provides cumulative field measurements of
facility noises. The report shall quantify the levels and compare the results with
current standards specified in the Municipal Code for residential uses. Said report
shall be subject to review and approval by the Director of Planning and Building for
consistency with the project proposal dated March 27, 2001 and Municipal Code
noise standards. If on review the City finds that the project does not meet the
Municipal Code noise standards, the City may revoke or modify the permit.
8. Applicant/operator shall and does hereby agree to indemnify, protect, defend and
hold harmless City, its Council members, officers, employees, agents and
representatives, ITom and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorneys' fees (collectively, "liabilities")
incurred by the City arising, directly or indirectly, from (a) City's approval and
issuance of this conditional use permit, (b) City's approval or issuance of any other
permit or action, whether discretionary or non-discretionary, in connection with the
use contemplated herein, and (c) applicant's installation and operation of the facility
permitted hereby, including, without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions.
Applicant/operator shall acknowledge their agreement to this provision by executing
a copy ofthis conditional use permit where indicated, below. Applicant's/operator's
compliance with this provision is an express condition ofthis conditional use permit
and this provision shall be binding on any and all of Applicant's/operator's
successors and assigns.
9. Project site shall be inspected six months subsequent to the issuance of building
permits to check conformance with project plans and conditions of approval.
10. A graffiti resistant treatment shall be specified for all wall and building surfaces.
This shall be noted on any building and wall plans and shall be reviewed and
approved by the Planning Director prior to issuance of building permits.
Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the
C.V.M.C. regarding graffiti control.
11. This permit shall expire five (5) years after the date of its approval by the Zoning
Administrator. After the first five (5) years, the Zoning Administrator shall review
this conditional use permit for compliance with the conditions of approval, and shall
determine, in consultation with the applicant, whether the proj ect shall be modified
ITom its original approval.
Page 5 of7
/s- ..2.f
12. Upon cessation ofthe business operations and use of the antennas and equipment by
the applicant, the applicant has 90 days to submit a substitute user to the
satisfaction of the Director of Planning and Building Department and/or remove the
antennas and equipment and return the site back to its original condition. Any
changes on the original conditional use permit shall require modification.
13. Comply with all requirements and obtain all necessary permits from the Chula Vista
Building Division, Fire Department and Engineering Department.
14. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate govermnental interest
related to health, safety or welfare which the City shall impose after advance written
notice to the Permittee and after the City has given to the Permittee the right to be
heard with regard thereto. However, the City, in exercising this reserved
right/condition, may not impose a substantial expense or deprive Permittee of a
substantial revenue source which the Permittee cannot, in the normal operation of the
use permitted, be expected to economically recover.
15. Approval of this request shall not waive compliance with all sections of Title 19
(Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at
the time of building permit issuance.
F. ADDITIONAL TERMS AND PROVISIONS TO GRANT
1. This Conditional Use Permit shall become void and ineffective if not utilized or
extended within one year ITom the effective date thereof, in accordance with
Section 19.14.260 of the Municipal Code.
2. A copy of this resolution shall be recorded against the property.
3. Any violations of the terms and conditions of this permit shall be ground for
revocation or modification of permit.
G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have each
read, understood and agreed to the conditions contained herein. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the
sole expense of the property owner and/or applicant, and a signed, stamped copy returned
to the Planning Department. Failure to return a signed and stamped copy ofthis recorded
document within ten (10) days of recordation to the City Clerk shall indicate the property
Page 6 of?
/,s--.lf
owner/applicant's desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval. Said document
will also be on file in the City Clerk's Office and known as Document No.
Signature of Property Owner
Date
Signature of Representative
Date
H. NOTICE OF EXEMPTION
The City Council directs the Enviromnental Review Coordinator to post a Notice of
Exemption and file the same with the City Clerk and County Clerk/Recorder of San Diego
County.
I. ADDITIONAL TERM OF GRANT
This permit shall expire five (5) years after the date of its approval by the City Council.
After the first five (5) years, the Zoning Administrator shall review this Conditional Use
Permit for compliance with the conditions of approval, and shall determine, in consultation
with the Applicant, whether or not the antenna height can be lowered.
J. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provisions or conditions are determined by a Court
of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the
permit shall be deemed to be automatically revoked and of no further force and effect ab
initio.
Presented by
Approved as to form by
D~7,
H~
110ft..
Robert A. Leiter
Director of Planning and Building
John M. Kaheny
City Attorney
Page 7 of?
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RESOLUTION NO. 18190
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
GRANTING CONDITIONAL USE PERMIT PCC-96-06 TO PACIFIC
BELL MOBILE SERVICES ALLOWING THE CONSTRUCTION AND
OPERATION OF A WIRELESS COMMUNICATIONS FACILITY FOR
A PERSONAL COMMUNICATION FACILITY AT 455 QUAIL
COURT
I. RECITALS
A. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically
represented in Exhibit A attached hereto and incorporated herein by this reference, and
commonly known as 455 Quail Court ("Project Site"); and,
B. Project Applicant
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Planning Department on August 22, 1995 by Pacific Bell Mobile
Services ("Applicant"); and
,.-
C. Project Description; Application for Conditional Use Permit
WHEREAS, said application requested permission to construct and operate a wireless
communications facility for a Personal Communications System (PCS) consisting of
two metal radio equipment cabinets and two pairs of plastic panel antennas at two
different locations mounted on approximately thirteen (13) foot high poles; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on December 13, 1995 and voted 7-0 to recommend that the City Council approve the
Project in accordance with Planning Commission Resolution PCC-96-06; and,
E. Notice of Public Hearing
WHEREAS, the City Council set the time and place for a hearing on said Conditional
Use Permit PCC-96-06 and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the city and its mailing to
property owners within 500 feet of the exterior boundaries of the property at least ten
(10) days prior to the hearing; and
F. Place of Public Hearing
~
,
WHEREAS. the hearing was held at the time and place as advertised, namely January
16, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed; and
Resolution 18190
Page 2
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and
resolve as follows:
IT
11. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project imroduced before the Planning Commission
at their public hearing on this project held on December 13. 1995, and the minutes and
resolution resulting therefrom, are hereby incorporated into the record of this proceeding.
III. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator determined that the project is a Class 3(e) Categorical
Exemption from environmental review pursuant to Section 15303 of the California
Environmental Quality Act; and
IV. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by the
City's rules and regulations for the issuance of conditional use permits, as hereinbelow set
forth. and sets forth. thereunder, the evidentiary basis that permits the stated findings to be
made.
1. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the neighborhood
or the community.
..-
I
!
The proposed Personal Communication System facility is necessary to provide and
maintain a quality wireless phone system in the Chula Vista area. The system has the
potential to be used by many public service providers including sheriff, police, fire and
paramedics, thus enhancing emergency response.
The proposed facility will provide needed channel capacity in the area that will help to
ensure availability, not only for general users, but for emergency service providers.
The requirement for mandatory sharing will eliminate or reduce substantially the need
for future tower or antennae sites elsewhere in the immediate vicinity.
2. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or working in
the vicinity or injurious to property or improvements in the vicinity.
Personal Communication System communications operate on low-power radio waves.
Emissions from the antennas have been shown to be below any levels that would
cause hazardous biological effects. In addition, antennas emissions are so far below
all recognized safety standards that they constitute no hazard to public health or
safety.
3. That the proposed use will comply with the regulations and conditions specified r
in the code for such use. .
Resolution 18190
Page 3
~'~-
Conditional Use Permit PCC-96-06 is conditioned to require the permittee and property
owner to fulfill conditions and to comply with all the applicable regulations and
standards specified in the Municipal Code for such use.
The conditioning of PCC-96-06 is approximately proportional both in nature and extent
to the impact created by the proposed development in that the conditions imposed are
directly related to and are of a nature and scope related to the size and impact of the
project.
4. That the granting of this conditional use permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The granting of PCC-96-06 will not adversely affect the Chula Vista General Plan in
that said project is proposed to be built in a location with little land use or visual
impact.
V. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-9 5-47 subject to the following
conditions whereby the Applicant and/or property owner shall:
1. Construct the Project as described in the application, except as modified herein
or to accommodate one or more similar uses. and/or as approved by the Municipal
Code.
2. Prior to operation of the facility, submit plans to the Zoning Administrator for
review and approval of a fence to be constructed from the northeastern corner of the
existing residential unit to the northern property line, and construct said fence.
3. Paint the monopoles and panel antennas galvanized gray, if said monopoles and
panel antennas are not already that color.
4. Plant minimum eight foot tall shrubbery along the northern fence line between
the existing cypress trees, to the satisfaction of the Zoning Administrator. The plant
palette and spacing shall be reviewed in accordance with a plan approved by the
Zoning Administrator prior to planting.
.-
5. Cooperate with other communications companies in co-locating additional
antenna on pole structures and/or on the tops of buildings provided said co·iocatees
have received a conditional use permit for such use at said site from the City.
Permittee shall exercise good faith in co-locating with other communications
companies and sharing the permitted site, provided such shared use does not give rise
to a substantial technical level- or quality-of-service impairment of the permitted use
(as opposed to a competitive conflict or financial burden). In the event a dispute arises
as to whether permittee has exercised good faith in accommodating other users, the
City may require a third party technical study at the expense of either or both the
applicant and complaining user.
Resolution 18190
Page 4
6. Comply with ANSI standards for EMF emissions. Within three (3) months after
final inspection, Applicant shall submit a project implementation report which provides
cumulative field measurements of radio frequency (EMF) power densities of all
antennas installed at subject site. The report shall quantify the EMF emissions and
compare the results with currently accepted ANSI standards. Said report shall be
subject to review and approval by the Director of Planning for consistency with the
project proposal report and the accepted ANSI standards. If on review. the City finds
that the Project does not meet ANSI standards, the City may revoke or modify this
conditional use permit.
~T
7. Submit evidence within three (3) months that the project does not cause
localized interference with reception of area television or radio broadcasts. If on
review the City finds that the project interferes with such reception, the City may
revoke or modify the conditional use permit.
8. Provide one fire extinguisher of a type and at a location satisfactory to the Fire
Marshal.
9. Obtain all necessary permits from the Chula Vista Building Department and Fire
Department. The design of the equipment shelter and antenna array shall comply with
the requirements of the Zoning Administrator and with the edition of the Uniform
Building Code and the Uniform Fire Code in effect at the time of issuance of any
permit.
r
10. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest
related to health, safety or welfare which the City shall impose after advance written
notice to the Permittee and after the City has given to the Permittee the right to be
heard with regard thereto. However, the City, in exercising this reserved
right/condition. may not impose a substantial expense or deprive Permittee of a
substantial revenue source which the Permittee can not, in the normal operation of the
use permitted, be expected to economically recover.
11. This conditional use permit shall become void and ineffective if not utilized or
extended within one year from the effective date thereof, in accordance with Section
19.14.260 of the Municipal Code.
12. Applicant's failure to meet ANSI standards for EMF emissions or comply with
the condition relating to the interference with area television and radio reception shall
constitute grounds for revocation or modification of this conditional use permit.
13. Within three months from the issuance of any building permit. submit a list of
these conditions of approval to the Zoning Administrator addressing each as to how
it has been implemented. The Zoning Administrator shall determine compliance. Non-
compliance, as determined by the Zoning Administrator, with any condition of approval
shall make this project subject to further review by the Planning Commission, said
review resulting in modified conditions of approval or revocation of Conditional Use
Permit PCC-96-06.
r
Resolution 18190
Page 5
~".""
14. Applicant/operator shall and does hereby agree to indemnify, protect, defend
and hold harmless City, its Council members, officers, employees, agents and
representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorneys' fees (collectively, "liabilities")
incurred by the City arising, directly or indirectly, from (a) City's approval and issuance
of this Conditional Use Permit, (b) City's approval or issuance of any other permit or
action, whether discretionary or non-discretionary, in connection with the use
contemplated herein, and (c) Applicant's installation and operation of the facility
permitted hereby, including, without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions,
Applicant/operator shall acknowledge their agreement to this provision by executing
a copy of this Conditional Use Permit where indicated, below. Applicant's/operator's
compliance with this provision is an express condition of this Conditional Use Permit
and this provision shall be binding on any and all of Applicant's/operator's successors
and assigns.
EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the Applicant shall execute one document before a notary public by
signing the lines provided below, said execution indicating that the property owner and
applicant have each read, understood and agreed to the conditions contained herein. Upon
execution. one document shall be recorded with the County Clerk of the County of San Diego,
at the sole expense of the property owner and/or Applicant, and a signed, stamped copy
returned to the Office of the City Clerk along with the second unnotarized document. Failure
to return a signed and stamped copy of this recorded document and the second unnotarized
document within thirty days of recordation to the Office of City Clerk shall indicate the
property owner's/Applicant's desire that the project, and the corresponding application for
building-permits and/or a b4sjness license, be held in abeyance without approval.
~_ ~£¿ü~J,J %ddt/
¿;:_/ ,<.U :~r¿'¥.
~Îgn¡lture of Property Owner t
I ,/
.J' -.1-~ - f~
Date
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Date
Signature of Re resentative of
Pacific Bell Mobile Services
VI. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to prepare a Notice of
Exemption and file the same with the County Clerk.
,',"-or
VII.
INVALIDITY; AUTOMATIC REVOCATION
Resolution 1 8190
Page 6
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit
shall be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by
form by
;rr
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Robert A. Leiter
Director of Planning
Bruce M. Boog
City Attorney
Recorded Doc. #1996-0139460
3/21/96
IT
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ResOlution 18190
Þage .,
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR '"OÆCT Þadllc ..,. "'OJtr:r cuce.no..
C) ......c.HI, ...1011. 10M... CONDITIONAL USE PEJ.!MIT
~. 455 Quail Ce_ Re""..,: "'rmiuion tQ co"..."., 0 .....1...
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Resolution 18190
Page 8
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I
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of January. 1996, by the following vote:
AYES: Councilmembers: Moot, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Padilla
ABSTAIN: Councilmembers: Alevy
ß~:rl,6-;~,
Shirle Horton, Mayor
ATTEST:
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Beverly . Authelet, City Clerk
-
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18190 was duly passed, approved. and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 23rd day of January.
1996.
Executed this 23rd day of January, 1996.
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To Whom it may concern:
My name is Rafael Hernandez and I'm living in the neighborhood
of Quail and Oleander.
I received and read the Public Notice letter and I do not agree with
the project of the installation of the antennas in this area for several
reasons. There are only 3 reasons that I can say in this letter:
First, I am concerned with the health and well being on my
children and the neighborhood of this area.
Second, the property value will decrease in the area.
Third, if I decide to sell my property it will be difficult to find
buyers that will want to live in this area because of the problems
the antennas might produce in the future.
Would you like to live beside the San Onofre Nuclear Reactors?
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Uì1 AUG 2 0 2002 I.W
PLANNING
Site Photos
Proposed Location of Two
Verizon Wireless Faux Pines and
Equipment in Rear of the Property
Overall View of Equipment Location
Existing Pac Bell/Cingular Site
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